American Geographical Society The Nineteenth-Century Evolution of Local-Scale Roads in Kentucky's Bluegrass Author(s): Karl Raitz and Nancy O'Malley Source: Geographical Review, Vol. 94, No. 4 (Oct., 2004), pp. 415-439 Published by: American Geographical Society Stable URL: http://www.jstor.org/stable/30034289 . Accessed: 03/10/2013 16:29 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . American Geographical Society is collaborating with JSTOR to digitize, preserve and extend access to Geographical Review. http://www.jstor.org This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions The Review Geographical October 2oo04 VOLUME94 NUMBER4 THENINETEENTH-CENTURY EVOLUTIONOF ROADSIN KENTUCKY'S LOCAL-SCALE BLUEGRASS KARLRAITZ and NANCY O'MALLEY ABSTRACT. In the nineteenth century,local-scaleroads in centralKentuckywere built subject to local knowledgeand culturaltraditionbut within the context of legal authorityand folk- or science-basedengineeringprecepts.This study demonstrateshow legal and engineering standards-though conceivedas transcendentand objective--werein fact contingent on the region'sphysicalattributesas well as its culturaltraditionsand character.Thus local road alignment and constructionhave been influenced by and contingent on local knowledge, dialogue, and debate since frontiertimes. Keywords:Kentucky,local roads,road engineering,roadhistory,roadlaw. On state transportationofficialsgatheredbeside U.S. Highway 3 December200oo3, 27-68 in Lexington,Kentucky,the county seat of FayetteCounty,to dedicate the newly reconstructedfederalroad that links Lexingtonto Paris,the county seat of adjoiningBourbon County.The highwayis 12.5 miles long and is locally known as the "ParisPike."The ceremonymarkedthe culminationof a complex,thirty-sevenyear-longvetting process that included engineeringplans and proposals,protests and lawsuitsby abuttinglandowners,public hearingsand debates,and finally intensive consultation between engineers and landowners before and during road reconstruction.The remarkablyalteredroadwaycost morethan$93million,or about $7.5million per mile, nearlydouble the cost of any comparableroad in the state. Whathadbeen a narrow,shoulderless,two-laneasphalttracklaid atop a nineteenthcentury turnpike had been transformedinto a four-lane parkwaybuilt to interstate-highwayspecificationsand carefullyengineeredto preservehistoriclandscapes (Figures1 and 2). Horse farms line long sections of the route, their road frontage demarcatedby rock fences that required removal and reconstruction by expert masons (Schneider 2003, 9-13). The ParisPike reconstructionprocess illustratesvividly that legal statutesand engineeringstandardsare not universallyapplicable-though conceived as objective and transcendent--butare subjectto local conditions and concerns;as David Livingstoneaffirms,the authority of legal and "scientificknowledge is produced S DR.RAITZ is a professorof geographyat the Universityof Kentucky,Lexington,Kentucky40506, where Ms. O'MALLEYis the assistantdirectorof the William S. WebbMuseum of Anthropology. The Geographical Review 94 (4): 415-439, October 2004 Copyright c 2005 by the AmericanGeographicalSocietyof New York This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions 416 THE GEOGRAPHICAL REVIEW FIG.1--Thissection of the realignedU.S. Highway27-68, or the new ParisPike,runs just south of Paris,Kentucky,in BourbonCounty.This is a view of the southboundlanes,with the more-than-loofoot-wide parkwaycenter strip to the left. Note the broad, compactedgrass shoulder on the right. the new highwayhas won numerous design and engineeringawards.In some Completed in 200oo3, places,the new roadincorporatesshort sections of the originalalignment.Herethe southboundlanes representa new grade, and the original road, now widened, serves as the northbound lanes (not visible here) beyond the treed median. (Photographby KarlRaitz,February200oo4) differentlyin differentspaces, [and] it is confronteddifferentlyin differentarenas" (2oo4, 140). The process whereby local-scale road networks evolved, in the context of mutuallycontingentlocal traditions,legal statutes,and engineeringprecepts,is complex.How historicallocal-scaleroadswere establishedalong given alignments and subsequentlyadjustedor otherwise modified is, for many places, either undocumentedor containedin fugitiverecords-difficultto find or a trialto decipher. Consequently,historicallocal road building is often enigmatic,its rationalewistful speculationat best. In his edifyingstudy of the evolution of the NiagaraPeninsula road network,AndrewBurghardtfound in the historicalrecordsatisfactoryexplanations for the constructionof most primaryroads.But he was exasperatedby the dearthof informationabout the local-scaleroads that webbed the region,many of which were relict."Someunknownvalue of felt need is required,"he wrote,"before a road is constructed,but once it is in existencethat roadwill remainin use"even if it is not heavilytraveled(Burghardt1969, 439). In part,the documentaryopacityof Burghardt's"unknownvalue of felt need' the rationalefor and method of road establishment,is the basisfor CarlyleBuley'slamentthat a systematicstudy of road developmenthas yet to be writtenbut that its sourceslikelylie not in federalor state statute books but in county-level records (1950, 449). This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 417 FIG.2-The old ParisPike'soriginalalignmentin FayetteCounty,near Lexington,is shown here in 2002 before reconstructionbegan. The narrow,two-lane federalhighwayfollowed a turnpiketrack surveyedin 1827to replacethe originalorganicMaysvilleRoadthat ran a mile or more to the right,or southeast.During the 1930sthe road was widened and hard surfacedbut left shoulderless.The roadside rockfencesto the left and distantrightdate from the 1850s;the fence on the immediaterightwas likelybuilt in the 1920s.(Photographby KarlRaitz,March2002) Our purposehere is to demonstratethe form and extentof local contingencyin the jurisdictionalapplicationof legal statutesand engineeringstandardsthrough a case study of the evolution of local-scale roads in central Kentucky(Livingstone 10-11).We contend that, within the context of prescriptivelegal statutesand 2oo003, engineeringstandards,road constructionhas been influenced,even shaped,by local contingencies-that is, local people acting in their best self-interest-since frontiertimes.Wealsobelievethatsimilarprocessesaffectedlocal-scaleroadconstruction in manyAtlanticCoast and trans-Appalachianstates. CENTRAL KENTUCKY ROADS IN CONTEXT ParisPike is the modern incarnationof one of the oldest routes in trans-Appalachian America,and its historicaldevelopment, at least in general outline, is well documented.It is the southernmostsection of the 67-mile-long LimestoneRoad that linked Maysville-originallyLimestone-an Ohio River port in northeastern Kentucky,to frontierLexington.Sinceits inception as "Smith'swaggonroad"in the Road" 1780s,it hasalsobeenknownasthe "Lexington-Paris-Washington-Limestone and the "Maysville,Washington,Paris,and LexingtonTurnpike"(Coleman [19351 1995, 27). This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions 418 THE GEOGRAPHICAL REVIEW FIG.3-Jackstown Road traversesthe Inner Bluegrasstopographicsurfaceeast of Parisin Bourbon County, Kentucky.Local relief rarelyexceeds too feet, although dissection near major streams can yield steeper slopes. Beef-cattleand burley tobacco farms prosper on the fertile, limestone-derived soils.The roadalignmentfollowsoriginalpropertyboundarieslaidout accordingto metes-and-bounds surveys.(Photographby KarlRaitz,May 2004) The road'searliestlandscapeexpressionwasprobablyas a skeinof looselybraided tracks,not a single path. Eventuallya primary,albeit rudimentary,road evolved thattraversedthe threephysiographicsubdivisionsthatconstitutecentralKentucky's greaterBluegrassRegion-the OuterBluegrass,the Eden Shale,and the Inner Bluegrass.Each division is distinct;the transition from one to another is topographically emphatic (Figures3 and 4). The shale section'sfriablerocks readilysuccumb to incising erosion that has sliced the surface into a dendritic maze of spatulate ridges,steep-slopedvalleys,and localreliefthat exceeds200 feet-a challengingplace to build low-gradientroads.The robust Ordovicianlimestones that undergirdthe other two sections, except where dissected by Ohio River tributaries,are mildly karsticwith gentlyrollingsurfaceswell suitedto surveyor-engineersintenton building straight-line,shortest-distanceroads. An 1817legislativeact designatedthe LimestoneRoad as a turnpike,and, when formallyincorporateda decadelater as the Maysville,Washington,Paris,and Lexington TurnpikeCompany,formalroadbuilding,supportedby toll collections,began in earnest.Companystockholdersunderwrotethe reconstructionof a 4-milelong section from Maysvillesouth to Washingtonwith a broken rock or macadam surfacein 1830,the best rock-surfacedroad in the state prior to the Civil Warand the firststageof roadpavingthat requiredseveralyearsto complete(KentuckyGeneral Assembly 1817,197;Coleman 1935,233). Kentucky began to provide state aid for This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 419 FIG. 4-The Eden Shale Hills, near Little Rock in southeast Bourbon County, Kentucky.Readily erodableshales have been strongly dissected into a heavilyrolling topography.Most farmlandis in beef-cattlepastureor trees.Earlyorganicroadsin the EdenShaletended to follow ridge tops or valley bottoms. Realignmentsalong propertyboundariesoften resultedin very steep road gradients.(Photographby KarlRaitz,September1984) road constructionin 1912, and in 1916 the federalgovernmentinaugurateda program of identifying and financiallysupporting federal roads (KentuckyDepartment of Public Roads 1912-1913). The Limestone Road became part of federal highwaysU.S. 27 and U.S. 68 in 1926. During the 1920S, stateroad engineersbegan a program of periodic road improvementstill in force today whereby they deploy updated engineeringstandardsto straightenand widen roadwaysin order to increasesafety,efficiency,and carryingcapacityand to comply with changing state and federalhighwayconstructionstandards. Becauseprimaryroads are regional-scale,or even national-scale,trunk routes, their rebuildingis often thoroughlycataloguedand understood,especiallyfor historic roads.The evolution of local-scaleroadsis less well documented,even though they eventuallycomprisedthe high-mileageweb of local overlandroutes that connectedhinterlandneighborhoodsto one anotherand to theircounty seatsand provided multiple linkagesto the primarycross-countryroad network. One might infer,by readingcounty-levelhighwaymaps, that local roads have greatlongevity.Yetexaminationof local-scaleroad patternson historic maps will revealthat road alignmentschange over time, often radically(Hewitt and Hewitt 1861;D. G. Beers & Company1877; Blanton 1934). Far from fixed or stable, localscale roadsare often historicallydynamic.Civil traditions,legal statutes,and engineering standardsall potentially shaped local knowledge of road surveying and This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions 420 THE GEOGRAPHICAL REVIEW construction,andthey informedor directedthe localdiscussions,debates,and agreements that necessarilyaccompaniedroad surveysand construction.This disquisition saw cross-countrytracksreplacedby roadswith fixed coursesthat determined which land parcelswould have direct accessand which would not, therebyhelping to shape local landscapesand geographies.Roads activatedrural communities by fosteringthe readymovement of people and farmproductsto marketsand linking farmsteads,meetinghouses,mills,and othersocial and economic interactionnodes. The tension betweenlocal knowledgeand culturaltradition,on one hand, and legal statutes and engineering standards,on the other, suggests several questions that relateto choice of route,how route options were evaluatedand weighted,rationales and proceduresfor modifying routes, and the degree to which legal statutes and engineeringstandardsinfluencedor directedroad constructionand maintenance. Regionaldifferencesin American settlement history,in legal and engineering traditions, and in physical landscapes provide varying contexts for the development of local-scaleroads.On lands platted accordingto systematicstate or federal surveys,the unit grid often directedthe placementof local public roads,as was the casewith the HollandLandCompanyof westernNew Yorkand the FederalRectangular Survey in the Midwest (Wyckoff 1988, 51, 78-79). The FederalRectangularSurveywas introducedin Ohio and then carriedwestwardto the Pacificstates,and manystatesso surveyedrequiredthatlocal-scaleroads follow each section line. A vast roadgrid spacedat 1-mileintervalsnorth-south and east-west was the result (Thrower 1966, 86-1oo; Johnson 1976, 166-170). In areas where unsystematicmetes-and-boundssurveysprevailed-all or large sections of eighteen statesin the Eastfrom Maine to Georgia,as well as significantsections of Ohio and East Texas-local-scale roads had to be establishedby local effort and enterpriseand accordingto whateverlegal and construction traditions obtained. Establishingroad alignmentson lands surveyedin metes and bounds was a substantiallydifferentundertakingfrom establishingthem on rectangularsurveylands, although routes in some areaswith systematicsurveyswere establishedaccording to the metes-and-boundstraditionif settlementprecededa formalsurvey(Newton 1970,136-138).Forexample,with elegantregularitya very high proportionof localscale roads in northwesternOhio, about 80 percent,follow township section lines that are also the basis for propertyboundaries.In Ohio's metes-and-boundsVirginia MilitaryDistrict,on the other hand, only 8 percentof the roads follow original survey-unitboundaries(Thrower1966,92-93). If roadsdid not by legal default follow survey or propertyboundary lines, accordingto what rationalewere they established,and by what principlesor local contingencieswere they aligned? Settlers on the American frontier established overland paths and tracks-or "naturalroads,"as some termed them-concurrent with initial settlement (Blane [1824] 1969, 104-105; Shaler 1896, 18; C. Brown 1929, 6-7; R. H. Brown 1948, 99-101; Ferguson and O'Brian 1984, 164-168; Summerby-Murray 1992, 34-35; Peyton 1996, 124-127; Hofstra and Geier 200ooo, 53). They added habitation density to what had been scatteredfarmsor "plantations"by claimingland grantsor purchasingprop- This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 421 erty outright. Open-country neighborhoods depended on local trade and milling. If the soils were fertile and the climate benign, farmers could produce surplus commodities and livestock for town markets. Villages along primary roads grew apace; those at crossroads or river connection points generally increased in size more rapidly than did open-country hamlets. The initial paths and tracks between farms and villages soon formed a network of primitive wagon roads that persisted through 56). Indian paths or buffalo traces were increasinguse (Hofstra and Geier 200ooo0, adaptedas roadsif they led convenientlyin desireddirectionsor to frequenteddestinations (Shane 1928, 108). But these routes,or "ways,'as they were often termed, remained "natural," unimproved and unsurveyed tracks "beaten" through grasslands, brush, and woodland by pack animals or wagon traffic and marked by canaliculated ruts in dry weather and nearly impassible mires after rain (Michaux 1904, 38; Toulmin 1948, 69). LOCAL ROADS IN BOURBON COUNTY, KENTUCKY Bourbon County is situatedcentrallyin Kentucky'sBluegrassRegion.In Paris,the Road.The countywas formedin countyseat,MainStreetis the Lexington-Limestone 1785,and the firstfederal census in 1790 tabulated its population at 7,837.Two decades of rapid growth brought the 1810 population to 18,oo009. Its pre-Civil War populace in but the county subsequently lost population, so thatby 1860 peaked 1830at 18,435, its total number of residents stood at 14,860 (U.S. Bureau of the Census 1850,1870). Bourbon County provides a nearly ideal site for a case study of historic localscale roads. Although relatively small at 292 square miles-as most Kentucky counties are small-Bourbon County is situated primarily within the limestone-floored Inner Bluegrass Subregion. About one-fifth of its lands lie in the Eden Shale, thereby presenting a topographic contrast across which one can examine historic road development. Two streams flow northwestward across the county: Hinkston Creek forms the county's northeastern border with Nicholas County and flows through Millersburg, another Limestone Road town; the second, Stoner Creek, flows through Paris, neatly bisecting the county. Though of comparatively low gradient, both streams, and some of their larger tributaries, offered waterpower potential and sites for gristmill and sawmill construction. The county's native vegetation, springing from rich, phosphatic soils, was an open savannah of grasses and cane punctuated by hardwood groves of ash, elm, oak, hickory, and maple species. In the Shale section oak, beech, juniper, poplar, and sycamore were more common. By the mid-eighteenth century, the area'sEdenic largesse was known to and coveted by Virginians and others in the East who learned of this trans-Appalachian country from early explorers, hunters, and surveyors. The land rush to settle Kentucky, especially the Bluegrass lands, was under way by the early 177os, fueled by liberal Virginia land-preemption policies and by military land warrants awarded to Revolutionary War veterans. Conflicting land claims, many of them based on superficial or incomplete metes-and-bounds surveys, were resolved, in part, by a series of court decisions between 1789 and 1795. The courts ruled that This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE GEOGRAPHICAL 422 REVIEW BOURBON COUNTY, KENTUCKY circa1785-1800 First-Generation Routes Inner Bluegrass Eden Shale Buffalo Millersburg Trace SLexington-Maysville Salt-lick Road ,country road to LowerBlueLicks Iron road Millersburg Probable iron road icon traine harr to LowerBlueLicks buffio cynthama county to ,Upper Blue Licks scott to Upper Blick PARIS cou nty Paris vounty noren middiacour fay / Cost cou nty clark *Bourbon County 0 5 FIG.5-BourbonCounty,Kentuckyfirst-generation Hewittand routes,circa1785-18oo.Sources: Hewitt 1861;Beers 1877;Blanton 1934;County Clerk'sOffice n.d.a, n.d.b. (Cartographyby Richard and GeographicInformationLaboratory, Gilbreath, GyulaPauerCartographic Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 423 land claims in dispute, and without clear and replicable boundaries, would be reconciled by configuring them as squares or parallelograms, even if one or more sides of a claim fronted a meandering stream or had other irregular sections. Although many properties retained their eccentric forms, this process yielded a substantial number of farm boundaries that approximated squares or rectangles-a geometry that would later influence local road alignments (Hammon 1980, 317-318). An active trade in salt and iron-two critical frontier commodities-developed in concert during the first decades of central Kentucky settlement. Early residents produced salt from seven large brine springs, or salines, across the region. Three of these lay just east and north of Bourbon County at Upper and Lower Blue Licks and at Mays Lick (later abbreviated to Mayslick), the latter two linked to Paris and Lexington via the Limestone Road (Blanton 1934; Jakle 1969, 699-702). Several other roads crossed Bourbon County to link rural neighborhoods directly to the salt workings (Blanton 1934) (Figure 5). Iron masters from Maryland, Pennsylvania, and other eastern industrial areas came into Kentucky by the 179os to work the extensive limonite iron deposits in Kentucky's Hanging Rock Region-roughly from the Ohio River at Ashland in the east to Bath County in the west. The Bourbon Furnace on Slate Creek near Owingsville in Bath County began operation by 1792, the same year Kentucky became a state, and, with two forges in production,producedpig and bar iron for local and regionalmarketsinto the mid-nineteenth century(Plaisted2004). At leasttwo "iron roads" linked the Bourbon furnace to central Kentucky markets by way of Bourbon County, although hauling may have been principally in the summer and autumn, when roads offered the firmest surface (Lewis 1951,281). One of them, still known as Iron Works Pike, ran to the Kentucky River near Frankfort, where iron equipmentespeciallyfor the Warof 1812-was put aboardriverboatsfor transportto Ohio and Mississippi River destinations. New counties formed adjoining Bourbon: Clark and Scott in 1792, Harrison in 1793,Montgomery in 1796, and Nicholas in 1799. Fayette County, established in 1780 as one of the three original counties in the western Virginia country, predated Bourbon County by only five years. The new counties emerged with boundaries that formed a rough hexagonal lattice-many Kentucky counties have six sides and therefore six adjoining counties. Each had a county seat town roughly central to the county, and primitive roads linked Bourbon County's seat at Paris with the other seat towns early on. By the late 1790osthe main strands of the county's emerging road network- primarywagon roads linking county seats, as well as salt and iron roads-were in place. Residents also established local roads to connect their open-country farms and neighborhoods to the primary roads and to stations (fortified houses), meeting houses and churches, and mills (Figure 6). THE CONTEXT OF LOCAL KNOWLEDGE AND CONTINGENCY Creating local roads was not an arbitrary process but the product of many intersecting interests and priorities and an ongoing dialogue between neighbors, mill- This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE GEOGRAPHICAL 424 REVIEW ers, distillers, county courts and their representatives,and, eventually,state and regional engineersand legislators(Schein 1997,663). The dialogue included three generalareasof local knowledge:social and political traditions,folk or formal engineeringprinciples,and legal statutes.How these seeminglyheterogeneousforms of knowledgeinterlinkedand came to influence road construction is recorded,in part, in the County Clerk'sOffice in Paris,in court petitions that specified the rationale for new and adjustedroads.The recordsalsoincludelarge-scale,hand-drawn maps for most road petitions between 1818and 1885,imagesthat illustrateexisting roads, proposed roads,propertyboundaries,and importantlandmarks. EarlyBourbon County'swhite residentssharedmany social and political traditions and particularities.These includedfreeholdlandownership,an economy centeredon livestockgrazingand in partpredicatedon presumedrightsto open range, resistanceto taxation, protection of property rights as expressedin legal statutes pertaining to boundaries and trespass,a self-interestedwork ethic as evident in ubiquitous resistanceto communal road-improvementwork, and a generalbelief that politicalor social influenceshould be broughtto bearto realizeeconomic gain. This latter condition was manifest in the 1797road law that prohibitedsurveyors, on pain of imprisonment,from acceptingbribes from landownerswhose road petitions they were surveying (Littell and Smith 1809-1810, 1: 634). Two state legal statutes influenced the establishmentof local roads either directly or tangentially:road law and trespass,or fence, law. The caveathere is that, althoughlawis codifiedandthereforestrivesto establisha normativecondition,it anddifferential is not immutable.Roadlawwassubjectto localinterpretation apthese so accumulated in the context of local traditions and plication preferences, contingenciesproducedroadlandscapesat variancewith whatone wouldexpect had the statutesbeen rigidly and uniformly applied (Livingstone2003, Schein 10-11, 182; 2003, 202-203). Kentucky's1797roadlawwas a directadoptionof existingVirginiaroadlaw that was, in turn, an adaptationof old Englishroadlaw (U.S.Departmentof Agriculture 1895,7). The statuteoutlined a procedurewherebyresidentscould petition county courts to open new roadsor alterexistingroadsat the directionof citizensurveyors and "viewers."The law specifiedthat roads could be opened for "the convenience of travelingto [the] county court house, or to anypublic warehouse,landing,ferry, mill, lead or ironworks, or the seat of government" (Littell and Smith 1809-181o, 1: 414). Furtherprovisions directedthe viewers to contact affectedlandowners,who were requiredto "shewcause why such road should not be opened"and to recognize and provide monetarypaymentfor damagesto lands adjoiningthe new road through issuanceof a writ of ad quoddamnum-Latin, meaning"to what damage" (Garner1999,50). Court-appointedroad viewers then were, "to the best of their skill and judgment, [to] view the landsthroughwhich the said road [was]proposed to be conducted,and... takinginto estimationas well the use of the lands to be laid open for such road as the additionalfencingwhich will be therebyrenderednecessary" (Littell and Smith 1809-1810, 1: 634). This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 425 Landowners who wished to avoid new road construction through their land could petition the court for an inquest at which they could present their case. If the court ruled in favor of the road petitioner, the cost of the inquest was borne by the landowner, a rather powerful motivation for landowners to negotiate informal agreements on possible road alignments before submitting a petition to the court. State road law also required counties to appoint precinct "surveyors" whose task was to superintend roads; that is, to clear them and to maintain them in good repair. This would be accomplished by a "militia" system of road labor outlined in the law whereby all "male, laboring persons of the age of sixteen years or more, except such as are masters of two or more male laboring slaves . . . shall be appointed by the court to work on some public road" and to arrive at roadwork assignments properly outfitted (Littell and Smith 18o9-181o, 1: 634-635). Road militias were notoriously inefficient and profoundly ill equipped; they lacked training and informed direction in the most elementary forms of roadwork. The First Biennial Reportby the state'sDepartmentof PublicRoadsdecriedthe militia system,which had proved to be "absolutely worthless and while some counties pretend to enforce the system there is usually more yarn spinning, tobacco chewing, and resting done than work on roads[,]" a condition exacerbated by "an underpaid overseer who understands absolutely nothing of the first principles of road building" (Kentucky Department of Public Roads 1912-1913,14-15). Though surficially objective and normative, the state's road law was largely a qualitative document that permitted substantial latitude in interpretation by local petitioners and in application by court representatives in the field. Although legal statutes were intended to exercise control over the pattern and organization of roads, legal terms such as "convenience" had different meanings depending on one's place of residence, whether one was a farmer or a miller, or if one owned property through which a new road would or would not pass (Montgomery 2000, 2). On behalf of road users, the term could refer to distance, to general alignment or direction, to topographic configurations, or to other road qualities. For landowners,"convenience" or "inconvenience could refer to land fragmentation where a road split properties, to the need to provide additional roadside fencing, or to the responsibility to assist in maintaining the road. Trespasslaw also influenced road-construction decisions. Kentucky'sopen-range grazing tradition placed the legal burden for preventing livestock from damaging field crops and gardens not on the stock owner but on the farmer whose crops were subject to predation. By statute, landowners who wished to avoid damage caused by wandering livestock had to erect "lawful enclosures,' or fences, to protect their crops (Littell and Smith 18o9-181o, 2: 27). If one's fences were ruled "legal" and livestock nevertheless broke them down and entered a property, the court could then assess severe penalties against the livestock owner. In recognition of their liability, farmers erected fences along their property boundaries and along roads that traversed their land. New roads would, perforce, cross property and field boundaries and so require new fence construction. This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE 426 BOURBON GEOGRAPHICAL REVIEW KENTUCKY COUNTY, circa1825 Inner Bluegrass 7Eden Shale Nineteenth-century mill sites Urban area Primary road Millersburg county Frontier station Riddle's Mill Millersburgi *Ruddle'4 Mill Collins' I8iil * Shaw's Mill1 4141sQN 4141sQN Mill Kn se2 county Mill oy sooty Goreowp ii44~ Pike Ford's aM ley Paris i~i ! o Aee 7Srght; Millg .McCormic~ ~0 ~rlin Walke Mill \) " 7K- pbell' ~ Mifh~ ~> aeno4~>' Mill llIzo~rtls NlisttlletoW4 K 0'-~ '7 Sawmill Read's, MillE ~- ?6lornbacl Mill Hume's Hume's S Mill -Bourbon County 0 5 Miles FIG. 6-Bourbon County,Kentuckyprimaryroads,circa1825. Sources: Hewittand Hewitt 1861;Beers 1877;Blanton 1934.(Cartographyby RichardGilbreath,Gyula Pauer Cartographicand Geographic InformationLaboratory,Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE BOURBON ROADS IN COUNTY, KENTUCKY 427 KENTUCKY circa1877 Urban area Inner Bluegrass Eden Shale Mill Millersburg Meeting house Turnpike >hi \SO \harr a PARI cou nry Paris I ~; CO unyv C'- ark'- FIG.7-Bourbon County, Kentuckyturnpikes,circa 1877. Sources:Hewitt and Hewitt 1861;Beers 1877; Blanton 1934.(Cartographyby RichardGilbreath,Gyula Pauer Cartographicand Geographic InformationLaboratory,Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions 428 THE GEOGRAPHICAL REVIEW Rudimentaryengineeringtechniques,howeverelementaryin the earlydecades, were a thirdform of knowledgethat influencedroad constructionand enteredlocal dialogue, initially as surveyor'sbearings that demarcatedroad alignments and in the state'sturnpikelaws of the 182os. Early"natural"roads were not surveyedor constructedper se but were simplyorganicearthtracks.The new roadscalledfor by professionalengineerswere termed "artificial"roads, a designationgiven to those alignmentsselectedto minimize gradientsby following a land surfaceexcavatedor filled to createa well-drained,elevatedcross-section,often with a broken-stoneor macadam surface. Bourbon County's primary cross-county roads became toll-supported turnpikes and eventuallywere subjectto formal engineeringstandards(Figure7). The road-engineeringpreceptsthatwould most influenceKentucky'sprimaryroadconstructionwere from Europe,wherethe most advancedroad engineering,in theory and in practice,was initiallydeveloped in France.There,stone-surfacedroads had been built since the early 17o00s,and engineers were trained in road building at Napoleon's1cole Polytechniquein Paris.Frenchengineer-teachersrefinedhistoric techniques into rigorous,science-basedbuilding methods that produced superior roads and permitted expeditious carriageand wagon travel.Road engineering in GreatBritain,derivedfrom Frenchpractice,advancedapacewith constructiontechniques developed by Thomas Telfordin Scotland and by John McAdam,whose "artificial"broken-stone-surfacedroad design was of lighter and less resilientconstruction than the Telfordor Frenchdesigns, albeit less expensiveto build (Forbes 1958, 525-535; Hunter 1963, 200). Frenchand Britishroad engineeringenteredthe Americaneducationalsystem by way of the RensselaerPolytechnicInstitute,the MilitaryAcademyat West Point, where the French engineer Claudius Crozet established a rigorous science-andmathematics-basedcurriculumand taught classes,Union College,and, eventually, othercollegesand universities(Hunter1963,177; Dooley 1984, 452). Most roadsbuilt in Kentuckypriorto 1835,be they primaryor local, were at best gradedand ditched with the most elementarytools but not gradientadjustedor stone surfaced(U.S. Departmentof Agriculture1895, 11). Decrying the state'spoor road conditions in 1836, the KentuckyBoard of InternalImprovementalso recognizedthat "the contemplatedimprovements,though entirelypracticable,and well understoodin other countries, are, to most of us ..., altogether new, and... will have to be done through ... experienced and competent agents" (Owsley, Daviess, and Thompson 1836, 71). To addressthe dearthof engineeringexpertisein the state,the board in 1836 hired SylvesterWelch as chief engineer and H. I. Eastin as an assistantresponsible for road engineering.Welchhad experiencein buildingthe ErieCanaland was at work on the AlleghenyPortageRailroadsection of the Main Line Canalin centralPennsylvaniawhen he agreedto acceptKentucky'soffer.In 1838Welchpublisheddetailed instructionsfor building and repairingturnpikeroadsand contracttemplatesto be used by road-constructionsuperintendentsas they procuredbuildingmaterialsand hired laborers.Henceforth,turnpikeroadswould be stone surfacedwith appropri- This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 429 ate culvertsfor drainage,and paid labor crews trained in road building would replace the (in)voluntary militia labor system (Morehead 1838, 99-104). By the 1840sand 1850sknowledgeof advancedroad-engineeringtechniqueswas availableacrossKentuckythrough professionalengineerssuch as Welchand Eastin and in publishedmaterialssuch as William Gillespie'swidely circulatedManual of the Principlesand Practiceof RoadMaking(1858).By the mid-nineteenth century, then, road-buildingknowledge should have begun a transitionfrom the status of folk custom to an increasinglyprecise and rigorousdialogue sharedby engineers, surveyors,and road superintendents,knowledge that was progressivelyinformed by the science of physicsand descriptivegeometry and the intent of which was to transcendparochialtraditions(Livingstone2003,1-3). Our concerncenterson how formalengineeringknowledgewas actuallyappliedin the field to local-scaleroads, whetherengineeringprinciplesreachedlocal road builders,and, if so, whetherapplication was rigorousand ubiquitousor subjectto local interpretationand priority. If engineering standardswere subject to local interpretation,what were the conditions and the limits of their plasticity? LOCALROAD PETITIONS Bourbon County'scourt recordsinclude road petitions couched in legal terminology derivedfrom the state's1797road law.Court-appointedviewersand surveyors recordedentries in standardsurveyors'bearingsand poles (a pole equals1 rod, or 16.5feet) for existing tracksor roads,where they existed,and for new alignments. Prior to the Welch era of formal engineering,surveyorspossessed the only standardized"engineering"language in the dialogue on roads. Road-petition entries included the viewer'sjudgments on the convenienceor inconvenienceeach route presented-qualifying legal terms. Bourbon County's first local road petitions recorded early in the nineteenth centurywere predicatedon concernsof alignment,gradient,and naturalroad-surface quality.Some petitioners requestedshort realignmentsof existing tracks to avoid cutting through farms, especiallysmall properties.Others sought to avoid contentious topography.One petition requestedthat a road be realignedbecause "theold way crossesa bad gully and then immediatelycommencesthe ascentof an extremelysteep bad stony hill which occupies the balanceof the old way"(County Clerk'sOfficen.d.a, 7-8). Some petitioners ambitiouslysought to link entire neighborhoodsto primary roads, mills, and river shipping points. On 30 June 1818,court-appointedviewers John Redman, John Honey, James McDowel [McDowell], and Alexander Ogle markedout a new roadthatwould connect the Mt. GileadMeetingHouse on Limestone Roadto Ogle'sMill on StonerCreek(Figure8).' Althoughthe state road law explicitlyenjoined road surveyorsfrom acceptingbribes, the map accompanying this report suggeststhat at least two viewersowned land along the proposed road and that another may have owned the mill. Whatevertheir provenance,the four men reportedfavorablyon the proposedroad,noting in the basic binarylegal lan- This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE GEOGRAPHICAL 430 REVIEW PROPOSED ROAD Ogle's Mill MT. GILEAD MEETING HOUSE TO OGLE'S MILL covered bridge BOURBON COUNTY, KENTUCKY 30 JUNE I818 jaer. jaer. Existing Road Proposed Road Property Line Surveyor' Corners Col.Jas. Garrard Land A John Allen Land Tho. Currentd' Land ,, ii 1od John Grer Land , -JohnRedman Land ~ ~e~S ;44 ;44 ;44 // // // John Honeys Land // /// 4xO% Moore ]Jas.McCroryls 1 Land Adam Woods Dec(eased) Land / I Alice Browns Land c 0C Mt. Gilead MeetingHouse S~7 woo" o 0C 5c 0 100 200 poles Note: 1 pole = 16.5feet FIG.8-Route of the proposedroadbetweenthe Mt. GileadMeetingHouse and Ogle'sMill in Bourbon County,Kentucky.Source:Adaptedfrom County Clerk'sOfficen.d.a, 85. (Cartographyby Richard Gilbreath,GyulaPauerCartographicand GeographicInformationLaboratory,Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 431 guage of "convenient" and "inconvenient" that it provided a link between neighboring farms, a mill, a meeting house, and the Limestone Road. Any loss of land or timber to the new right-of-way was clearly outweighed by the convenient access provided (County Clerk's Office n.d.a, 85-87). The proposed road was long, at 1,364 poles (22,506 feet, or 4.3 miles). Its complex alignment followed some property boundaries but included short, corner-cutting angle sections that-though intended to straighten the route and shorten the distance-perforce fragmented other properties. Even though the road was established and figured in a proposed 1819road adjustment, it is in little evidence today, other than as farm-field roads (County Clerk's Office n.d.a, 127-129). Prior to formal surveys required by the 1797 Kentucky road law, open country was traversed by tracks, or ways, that usually favored dry uplands and avoided steep slopes and boggy bottomland. Such tracks were not "grandfathered"into existence after 1797 unless those who used them formally petitioned the court. On 22 September 1820,court-appointed viewers marked a complex prelaw local road that linked the Limestone Road to a gristmill on Hinkston Creek (Figure 9). The old track followed the bank of Flat Run, crossing it at shallow fords three times before angling northward, tracing along property boundaries and across open farmland to a horse mill owned by John Shaw. From there the track continued generally northwestward toward Hinkston Creek, fragmenting some properties while bordering others along property lines. The entire route measured 1,732.5poles (28,586 feet or 5.4 miles). Recognizing the track's meandering character, the viewers included on their map a straight survey line linking endpoints that measured 4 miles. The viewers acknowledged the road's length but argued that it would open a "certain and easy route" between two important mills and the most favored landing on the navigable section of the Licking River. The viewers could have argued that the old track was too long and crooked to warrant formal approval, arguments that obtained in other petitions. Instead, they supported the petition, noting that it offered neighborhood residents the advantage of linking a water-powered mill and a horse mill, the latter being the only mill in the county that could operate during dry periods when the creek flow was insufficient to turn a water wheel. The new road would also prohibit individual landowners from closing off the established track by fence and gate, as was their habit. (County Clerk's Office n.d.a, 176-177). Hence, the neighborhood realized a greater good by connecting to a principal road and established mills. In use for more than two decades before this petition was filed, the road appears in the court record again in 1835as Shaw's Horse Mill Road (County Clerk's Office n.d.a, 394). The route's southern section did not survive into the post-Civil War era, although remnants of old sunken roadways still trace through woodland pastures in the area (D. G. Beers & Company 1877). The proposed Ogle's Mill and Ruddle's Mill roads crossed the Inner Bluegrass plain along routes where topographic variation was comparatively benign. In southeastern Bourbon County, from North Middletown to the Montgomery County line, This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions 432 THE GEOGRAPHICAL REVIEW the planar Inner Bluegrass gives way to abrupt ridges that demarcate the Eden Shale. Some road petitions for new roads in the Shale acknowledged topographic realities, but many did not (Figure lo). On 5 October 1818, three court-appointed viewers surveyed an east-west track proposed to link the road to Mt. Sterling, the county seat in adjoining Montgomery County, and to North Middletown and Seamon's Mill on Stoner Creek. The Mt. Sterling Road was an old valley-bottom track that followed Indian Creek westward and northward toward Paris, bypassing North Middletown, a small hamlet with a post office and a few houses. The proposed route was 155 poles (2,557 feet) longer than the existing route along Indian Creek. Nevertheless, the viewers offered their opinion that the proposed road would be of great advantage to the citizens of North Middletown while also noting that the proposed way would give direct road access to four prominent farmers who otherwise were obligated to travel to town across one another's fields. The transparent rationale for the new road, then, was to provide access to new landowners. Although noting that the established road ran along Indian Creek, the viewer's report is mute on the proposed road's topographic context. Today, Prescott Road follows the proposed way of 1818.Just east of North Middletown the narrow, entrenched road climbs a ridge, falls into a valley, and mounts a second, higher ridge before dropping into the steep-sloped Plum Creek drainage that it follows upstream to Indian Creek. The height of land between North Middletown and Plum Creekis the drainagedivide between Stoner and Hinkston Creeks.Although surveyors for other roads chose to interpret the road law's term "convenience" to apply to topographic character as well as distance and direction, the North Middletown viewers chose to neutralize topography as a contextual factor in their report; never mind that the grades on the proposed way were sufficiently steep to require that farmers either partially load or double-team their wagons (Gillespie 1858, 33-34). Mt. Sterling Road followed the low-gradient Indian Creek valley. The creek is not a substantial stream; if traffic had to cross, its shallow, rock-floored bed and narrow channel-less then 30 feet across in most places-would have offered little challenge to fordingwagons unless it was in flood. The floodplainbroadens to one-quarter mile or more near North Middletown and was the more direct and desirable route. Today U.S. 460 follows the old Mt. Sterling Road alignment, and Prescott Road diminishes into an unused farm track near Plum Creek. Hinkston Creek slices a 300oo-foot-deepvalley into the Eden Shale in Bourbon County's southeastern corner, and its tributaries-though comparatively shortreach the creek through steep, narrowly incised valleys. George Barnett erected a mill on Hinkston Creek some time before 1820, and residents on the creek's west side soon beat a roadacrossthe difficultterrainto the mill site (Figure11). An April 1820 court petition proposed a new road to the mill and vividly mapped and described the relationship between the road and the terrain. The old road to the mill cut a crooked way through four farms yet followed solid ground. At the approach to the creek, the road made a steep descent, a formidable impediment for heavily loaded wagons during wet weather. In seeking a more salutary route, locals had changed This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions ROADS IN KENTUCKY LOCAL-SCALE ToJohn Current'sMill 0t 433 PROPOSED ROAD O"ee LIMESTONE ROAD TO 0o JOHN CURRENT'S MILL 0o CoO Tho. A ss BOURBON COUNTY, KENTUCKY 22 SEPTEMBER I820 CoO Existing road I SExisting track /proposed road ;5eA746,7; Four Mile Survey Line 3 o Property Line ez ez 0 Horse mill t t 125 250 poles Note: 1 pole = 16.5feet house 0John Shaw 1 SShaw' 1 / IOCY oc Redmra r(/ P P C 115J 115J 0 '(' C '(' Zsyte Zsyte D. Turney/ L.Howard7 Pi ((74'hi ((74'hi Roajoa estone FIG.9-Route of the proposedroadbetweenLimestoneRoadand JohnCurrent'sMill in Bourbon County,Kentucky.Source:Adaptedfrom County Clerk'sOfficen.d.a, 174.(Cartographyby Richard and GeographicInformationLaboratory, Gilbreath,GyulaPauerCartographic Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE GEOGRAPHICAL 434 REVIEW Road Bridge Rock Road Sterling Mt. Scott'sHouse Indian North Middletown Greek PROPOSED ROAD SEAMON'SMILL TO MT. STERLINGROAD BOURBON COUNTY, KENTUCKY Poston's Smith Shop / 5 OCTOBER I8i8 Seamon Existingroad Mil Proposedroad 0 50 100 poles Note: 1 pole = 16.5feet corners Surveyor's FIG. lo-Route of the proposed road between Seamon'sMill and Mt. SterlingRoad in Bourbon County,Kentucky.Source:Adaptedfrom County Clerk'sOffice n.d.a, 93. (Cartographyby Richard Gilbreath,GyulaPauerCartographicand GeographicInformationLaboratory,Universityof Kentucky) This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE North Middletown ROADS IN KENTUCKY 435 PROPOSEDROAD Letton's Fence NORTH MIDDLETOWN TO BARNETT'SMILL BOURBON COUNTY, KENTUCKY APRIL, IBZO Existing road Proposedroad Originaltrack Surveyor'corners Barnett's Mill 0 25 50 poles Note: 1 pole = 16.5feet FIG.11--Routeof the proposed road between North Middletownand Barnett's Mill in Bourbon County, Kentucky.Source:Adaptedfrom County Clerk'sOffice n.d.a,163.(Cartographyby RichardGilbreath,GyulaPauerCartographicand GeographicInformationLaboratory,Universityof Kentucky) the road'sdirectionwithout permissionof the court, an ancillaryproblemthat the petitionerssought to remedy(County Clerk'sOffice n.d.a, 163-164). The viewers made no mention of mill size, duration of operation, number of customers,or other particularsthat would suggest frequencyand volume of road use, althoughreferenceto difficultpassagein wet weathersuggeststhatpeoplemoved their grain and flour by wagon ratherthan by packhorse(County Clerk'sOffice n.d.b, 40). CentralKentucky's"muddy-roadseason"could extend for six months, fromNovemberthroughMay.Meticulousweatherrecordskeptby Dr.SamuelMartin of ClarkCounty--about15 miles south of Paris-during the 1860ssuggest a direct relationshipbetween precipitationand dirt-roadquality.In February1865,for example, Martinobserved,"Februarywas a very disagreeablemonth, rain and snow This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions THE 436 GEOGRAPHICAL REVIEW melting have made the roads exceedinglybad. Verydifficulttravelingmud roads" (1868,78). Wet Marchweathertwo years later resultedin similar road conditions. "It rained some on (17) seventeen days and snowed on (lo) ten days. We hear of great damage done by water during the month, bridges washed away; mills and dams destroyed .... Roads have been almost impassible from the depth of the mud in those that are not paved"(p. 134).To consummatethe irony,mills requiredsufficient creek-water flow for operation, which was assured only in wet weather. A partial solution to the steep, muddy traverse on the Barnett's Mill road was to cut a new route along a shallower grade. The new road would also pass across ground that was "so very sidling that it will requirea considerable[amount] of labour by digging to complete a road but the... ascent will be moderate [and] the road will be firm. As to the inconveniences that will result to individuals we believe there is none save the labour of making the road [and] that the public will be benefited instead of meeting with inconveniences by having a shorter road to travel from North Middletown to Barnett's Mill, Carlisle, and the Lower Blue Licks" (County Clerk's Office n.d.a, 164-165). Although the court-appointed viewers emphasized road distance as the primary rationale for realignment, the difference between the "present road" at 6,798 feet and the "proposedroad"at 6,220 is a mere 578 feet, a very small portion of a trip from North Middletown to the mill and beyond. More importantly, the new road would eliminate a long, steep, and dangerous slope. The report downplays the cost or "inconvenience" of such road construction, offering no negative comment other than the requirement for labor to cut down the hill. The proposed road was built and is known today as ConvictRoad.In 1915the state authorizedthe use of convict labor on public roads, so the name may suggest road modifications made by prisoners after that date. COURTS, CONSTRUCTION, AND CONTINGENCY After publication of new state road-engineering specifications in the mid-183os, the Bourbon County road-petition entries do not acknowledge that new or adjusted local roads would conform to the new standards. Rather, the new principles for road dimensions, gradients, and cross-section structures were applied to the county's primary turnpike roads (Figure 7). Residents continued petitioning the court to change and adjust local-scale roads, although the rationale presented by petitioners and the court's viewers focused less on the interpretation of shortened road distances as "conveniences" than on pragmatic solutions to road-induced problems, such as straightening roads to defragment farms, changing alignments to reduce fencing costs, and closing redundant roads to reduce road-upkeep expenses. Roads that cut across farmland, instead of aligning along property boundaries, requiredfencing along all frontagesif farmerswere to comply with Kentuckytrespass law. A road that cut an angle across a farm-property corner not only isolated the land in the angle from the rest of the farm but also forced the farmer to fence This content downloaded from 157.89.65.129 on Thu, 3 Oct 2013 16:29:05 PM All use subject to JSTOR Terms and Conditions LOCAL-SCALE ROADS IN KENTUCKY 437 both sides of the road if they intended to use the orphanedland for crops or pasture. Farmersobtainedwood for their first-generationrail fences by clearingtrees from their land, although many retained extensive woodland pastures that they were loath to cut down (County Clerk'sOffice n.d.a, 418). An 1852 road petition illustratesthe concern:"Inmakingsaid changeit will enablesaid JamesM. Thomas to enclose all his land... and save two strings of fence nearly the whole length of the presentway [1,633feet] which will be of considerablebenefit... as timber is scarce and we think therewill be very little inconvenienceif anyto the TravellingCommunity" (County Clerk's Office n.d.b, 2-3). Closing, or "vacating,"old roads was an increasingconcern after 1850and occurredin tandemwith increasingfarm size through land consolidation.Most petitioners were farmersrequestingpermission to fence off roads that were in poor condition and infrequentlyused and to defragmenttheir farmland.Court consent also advantagedthe landownerbecauseland occupied by a closed road revertedto them, but it could disadvantagethe travelingpublicby denyingaccessto traditional shortest-distance routes. Although deeply rankled by toll costs, the markedly improving turnpikes offered travelers some solace (County Clerk's Office n.d.b, 15-16, 57-58). Old road tracks still lace the Bourbon County countryside. Some have reverted to farmland and now appear as faint traces across pastures. Others continue to function as farm roads or are part of the modern county-road network. The oldest "beaten"tracks usually follow narrow, entrenched alignments where large old trees encroach on the roadbed. The improved, or "turnpiked" roads were adjusted for gradient and paved with broken stone. Today, though superficially similar to old natural roads, the turnpikes are different in cross-section-they are seldom deeply entrenched, and their beds stand higher and are flanked by shallow ditches on both sides. The rationale for building Bourbon County's local roads did not conform to Burghardt's "unknown value of felt need." Rather, establishing and changing localscale roads was a long-standing practice of adapting local need and contingency through considered manipulation of state legal statutes. Modern engineering precepts were largely ignored at the local level and by the 1880s had not yet entered the court's vocabulary for local roads. In nineteenth-century Kentucky, as the process of local-road evolution demonstrates, legal statutes and engineering standards were not transcendent conventions but mutable and subject to negotiation by local people whose parochial traditions and priorities rendered statutes and standards geographically contingent, qualifiedby regional adjectives(Livingstone2003, 13). NOTE 1. Our road-surveymaps were redraftedfrom the original maps (County Clerk'sOffice n.d.a, n.d.b) for clarity.Many RoadRecordBookmaps were carefullyhand drawnto scale by the surveyors, the viewers,or the county clerk,with detailson land-parcelboundaries,landowners'names,and even building symbols representingmills or entire towns. The typefacewas chosen to suggest the cursive letteringon the originals.The directionalarrowsare likewiseapproximationsof the originals. 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