William Pope Jr. & Richard Bibb Jr. - A Salt Contract

In 1804, Pope and Bibb made a rather complicated contact that involved the production of salt at and near Bullitt's Lick and Shepherdsville. While complicated to read, it tells us quite a bit about the salt works. Images of these pages may be seen on another page.

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Bullitt County Deed Book A2, Pages 360-371

This indenture made this 11th day of January in the year 1804 between William Pope Jr. of the county of Jefferson and state of Kentucky of the one part and Richard Bibb Sr. of the county of Bullitt and state aforesaid of the other. Now these presents.

Witnesseth that he the said William Pope for and in consideration of the sum of five shillings to him the said William in hand paid by him the said Richard, the receipt whereof is hereby acknowledged, but more especially for and in consideration of the rents and covenants herein after reserved and expressed, hath granted, demised and to farm let, and by these presents doth grant, demise and to farm let one moiety of four-fifths of a certain tract or parcel of land known and distinguished by the name of Bullitt's Lick as meted and bounded in an indenture of lease to him the said William Pope Jr. and James A. Sturgus, also all salt water in, upon or issuing from the same; also three horse wells in complete repair with reels, ropes, buckets and good sheds over the same.

Also one moiety or an equal and undivided interest in a line of pipes through which the salt water is now conveyed from the said Lick to the Salt Works of Pope and Sturgus on the bank of Salt River above Shepherdsville.

Also one moiety of the aforesaid salt works consisting of four pits of fifty kettles each to him the said Richard Bibb and his executors, administrators or assigns. To have and to hold the aforesaid tract or parcel of land and every part or parcel thereof.

Also the salt water and wells; also the pipes and salt works with all and singular the appurtenances there unto belonging to him the said Richard, his executors, administrators or assigns for and during the term of two years, ten calendar months and twenty-four days, to commence on the first day of February in the year 1804, and to end and be completed on the 25th day of December 1806, to the only proper use and behoof of him the said Richard Bibb, his executors, administrators or assigns.

And the said William for himself, his heirs, executors, administrators and assigns do covenant, grant and agree to and with him the said Richard, and his executors, administrators and assigns that he the said Pope will deliver or cause to be delivered to him the said Richard, his executors &c two of the aforesaid pits in good repair with fifty good sound salt kettles in each on the first day of February next; also the two remaining pits in like repair with fifty good sound salt kettles in each pit on the first day of July next, provided nevertheless and it is expressly agreed by and between the parties to these presents that if the present tenants or occupiers of the said pits shall illegally detain and occupy the same, then and in that case he the said Pope shall deliver the said pits to him the said Richard Bibb &c as soon as he the said Pope may or can recover them.

Also that he the said Pope shall collect and deliver or cause to be collected and delivered to the agent of the Bullitt's and Mann's Lick Company at the deposit in Shepherdsville for the benefit and use of him the said Richard Bibb, his executors &c all the rent salt that may accrue and become due in consideration of the occupancy and working of the aforesaid pits from the aforesaid first day of February next until he the said William Pope shall deliver to him the said Richard Bibb, his executors &c the possession of the pits.

Also that he the said William Pope shall deliver to him the said Bibb, his executors &c at the aforesaid salt works forty new salt kettles of good metal on the first day in July next; also forty other new salt kettles of good metal on the first day of May in the year 1805, and forty other new salt kettles of good metal on the first day of May in the year 1806.

Also that he the said William Pope will deliver to him the said Richard Bibb, his executors &c the possession of the cabins now occupied by John Speed on the aforesaid first day of February next, and he the said William Pope, for himself, his heirs, executors, administrators and assigns doth further covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that he the said William Pope at his own proper costs and charges will dig or cause to be dug at the aforesaid lick one horse will to be completely fixed with reels, ropes, buckets and a good shed erected over the same on the first day of April next.

Also that it shall and may be lawful for him the said Richard Bibb, his executors, administrators, and assigns, and he is hereby authorized to cut and take off of the land of him the said William Pope, situate on the north side of Salt River all wood and timber necessary for the use and working of the aforesaid pits; also for such other fires and repairs as may be wanted about the said works so long as he the said Richard Bibb or his executors, administrators or assigns shall or may continue to work all or either of the aforesaid pits on the north side of Salt River.

And the said Richard Bibb for himself, his executors, administrators, and assigns doth covenant, grant and agree to and with him, the said William Pope, his executors, administrators, and assigns that he the said Richard will receive the possession of the aforesaid two pits herein and hereby covenanted and intended to be delivered on the aforesaid first day of February next.

Also if it shall be convenient for him the said William Pope to deliver the aforesaid two other pits (herein covenanted by him the said Pope to be delivered on the first day of July next) at any time before the said first day of July, he the said Richard will receive the same, provided that he the said William Pope doth give to him the said Richard Bibb notice in writing of his readiness to deliver the said pits or either of them twenty days before such delivery.

And he the said Richard Bibb, for himself, his executors, administrators and assigns, doth further covenant, grant and agree to and with him the said Pope, his executors, administrators, and assigns that he the said Richard Bibb for and in consideration of the premises will give him the said William Pope 4000 bushels of good merchantable salt, per annum for and during the aforesaid term to be paid weekly to the agent of the Bullitt and Mann's Lick Company in Shepherdsville or to such other person as he the said Pope may appoint in or near Shepherdsville.

Also that he the said Richard Bibb shall deliver or cause to be delivered to the agent of the aforesaid company in Shepherdsville to be stored in the deposit of the said company and to be disposed of after the manner that the aforesaid companies shall from time to time direct the whole of the salt which he the said Richard Bibb shall make or cause to be made at the aforesaid salt works for and during the term herein and hereby intended to be created.

And he the said William Pope for himself, his executors, administrators and assigns doth covenant, grant and agree to and with him the said Richard Bibb, his executors, &c that the agent of the aforesaid companies at Shepherdsville shall pay to him the said Richard Bibb on his order the money that may or shall arise from the sale of all the salt which he the said Richard Bibb shall deliver or cause to be delivered at the aforesaid deposit after he shall take possession of the aforesaid works immediately after the salt so delivered shall be sold subject nevertheless to a proportionate deduction for loss of salt and company expenses.

And he the said William Pope for himself, his executors, administrators and assigns doth further covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that he the said Richard shall and may at anytime when he the said Richard shall deem it most convenient and at the proper costs and charges of him the said William Pope convey the salt water from the north to the south side of Salt River, through good and substantial pipes to the pits herein after covenanted to be erected.

Also that he the said Richard Bibb shall and may when he the said Richard shall choose, build or cause to be built five common cabins (such as are usually built for Negroes) and one stable sufficient for ten horses at the proper cost and charges of him the said William Pope convenient to the pits or furnaces aforesaid.

Also that the said Richard Bibb shall and may whenever he the said Richard may deem it convenient and necessary dig or cause to be dug one other horse well at the lick aforesaid, and cause it to be finished and completed after the manner that the aforesaid other wells are covenanted and at the like proper costs and charges of him the said William Pope, provided nevertheless and it is so agreed by the said parties that he the said Richard Bibb shall at no time during his term aforesaid work more than 200 22 gallon kettles fixed after the present manner unless he the said Richard shall previous to the doing of the same obtain the consent of James A. Sturgus in writing to work more than the aforesaid quantity; and if he the said James A. Sturgus shall give his consent in manner aforesaid, and he the said Richard Bibb shall work a greater number of kettles than 200 then and in that case he the said Richard Bibb is to pay to him the said William Pope a rent for the number so worked in proportion to the rent herein covenanted to be paid for the working of the aforesaid number of 200.

Also that he the said Richard Bibb shall and may at anytime when he the said Richard Bibb shall choose erect and build two fifty kettle pits or furnaces; also a good and substantial shed over the same on the south side of Salt River near the forks of the road leading to Long Lick and Richard Simmons', or at such other place opposite Pope's and Sturgus' works as he the said Richard may think fit, provided it be within 400 yards of the river at the like proper costs and charges of him William Pope.

And he the said William Pope for himself, his executors, administrators and assigns doth further covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that the whole of the rent which shall become due in the month of March next by reason of the several covenants contained in this indenture shall be appropriated to the payment of the several sums expended by him the said Richard in and about the several matters and things herein above covenanted to be done and performed by the said Richard at the proper costs and charges of him the said William Pope; provided nevertheless and it is expressly agreed by the parties to these presents that if the aforesaid month's rent shall not be sufficient to pay and satisfy the whole of the money or salt expended in the manner aforesaid, then and in that case he the said William Pope is to pay the balance which shall remain due after applying the aforesaid month's rent in manner aforesaid to him the said Richard Bibb, as soon as the aforesaid several matters and things shall be done and performed by him the said Richard on account of him the said William Pope, and he the said William Pope for himself, his executors, administrators and assigns doth further covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that he the said William Pope at his own proper costs and charges will erect or cause to be erected and set up or built two pits or furnaces in good and substantial manner at or very near the place where the aforesaid pits herein covenanted to be erected shall be built with one good and substantial shed over the same, and to be finished and completed by the first day of July next ensuing.

Also that the said Richard Bibb shall and may at all times during the continuance of his aforesaid term cut and take off the land bought by said William Pope of Hays, and situate on the south side of Salt River so much timber and wood as he may conceive necessary for making and erecting each and every of the aforesaid improvements herein covenanted on the part of him the said Richard to be made and built.

Also all such others as he the said Richard may think proper to have made and to keep the same in repair, and for fires in or about the aforesaid several furnaces.

Also that he the said Richard may cut and take as much timber and wood off of the land which he the said Pope bought of Adam Shepherd, as Richard Bibb Jr. shall cut off of a tract of 400 acres of land of James A. Sturgus.

And he the said William Pope for himself, his executors, his administrators and assigns doth further covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that he the said Richard shall only pay rent in proportion to the pits delivered by him the said Pope to him the said Richard, and from the time that the same shall be delivered.

Also that the said Bibb shall not pay rent for any time which he the said Richard Bibb shall be prevented from working the aforesaid pits hereby intended to be erected on the south side of Salt River by reason of conveying the salt water to the said pits.

Also that if at anytime during the continuance of the aforesaid term of him the said Richard, the pipes herein covenanted to be made and laid down to convey the salt water across Salt River shall be removed or so deranged as to obstruct the conveyance of the salt water, he the said Richard shall not pay any rent for any time which he the said Richard shall and may be prevented from working his said works by reason of any such removal of the pipes or obstruction of the water; provided nevertheless and it is expressly agreed by the parties that he the said Richard shall replace and repair the said pipes so often as such interruption shall happen, and as soon as the same can be conveniently done.

And he the said Richard Bibb for himself, his executors, administrators and assigns doth further covenant, grant and agree to and with him the said William Pope, his executors, administrators and assigns that he the said Richard shall and will at all times for and during the continuance of his term aforesaid keep in reasonable repair each and every of the wells now sunk and completed or herein intended to be sunk and completed upon the moiety of four-fifths of Bullitt's Lick herein and hereby intended to be leased to him the said Richard.

Also, the line of pipes through which the salt water is now conveyed from the said lick to Pope and Sturgus' salt works on the bank of the river above Shepherdsville. Also, that he the said Richard Bibb after he shall take possession of the aforesaid works, shall do and perform all matters and things covenanted to be done and performed by him the said William Pope and John Speed Jr. in a certain contract between Richard G Bibb and Richard Bibb Jr., John Speed Jr., and the said Pope and bearing date the __ day of __ in the year 180_.

And the said William Pope for himself and his executors, administrators and assigns, doth further covenant, grant and agree to, and with him the said Richard Bibb, his executors, administrators and assigns that if he the said William Pope shall not before the first day of February next do and perform all such matters and things as he the said Pope and Speed has covenanted to do and perform on their part in the aforesaid contract with him the said Richard G. Bibb, by reason whereof he the said Richard Bibb shall be prevented from fully discharging and completing of his part of the aforesaid contract, and there should not be a sufficiency of salt water to work the pits of him the said Richard Bibb by reason of the aforesaid failure on he part of him the said Pope, then and in that case it is expressly agreed by and between the parties that he the said Pope shall reduce his rent in proportion to such deficiency for and during the time the same shall exist and continue.

Also that he the said Richard Bibb shall not pay rent for such time as the said Richard Bibb shall be prevented from working said pits by reason of his removing and fixing the kettles in the aforesaid pits on the south side of Salt River at the place above designated.

And whereas it is apprehended by him the said Richard Bibb that at some period of the aforesaid term of him the said Richard there may not be a sufficient quantity of salt water to enable him the said Richard to work the whole of his said pits constantly and without interruption, now to secure and indemnify him the said Richard against such contingent deficiency, he the said William Pope for himself, his executors, administrators and assigns doth covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that if after the said Richard Bibb shall dig and complete the well herein covenanted by him the said Richard to be dug, there shall not be a sufficient quantity of water for him the said Richard to keep the aforesaid pits or furnaces in constant use and full employ, then and in that case he the said William Pope will deduct a quantity of salt from the rent herein and heretofore reserved in such proportion as the said deficiency shall bear to a full supply of salt water, provided nevertheless and it is expressly agreed by and between the parties to this indenture that the above deduction shall not be made if it shall appear that the aforesaid wells and pipes (herein and heretofore covenanted by him the said Richard Bibb to be kept in repair) are or shall be out of reasonable repair at the time the aforesaid deficiency shall happen or exist.

And whereas it is contemplated by the parties to these presents that the Mann's and Bullitt's Lick Company may during the continuance of the aforesaid term of him the said Richard conclude and determine to make a smaller quantity of salt than is now permitted to be made at Mann's and Bullitt's Licks, he the said William Pope for himself, his administrators and assigns doth covenant, grant and agree to and with him the said Richard, his executors, administrators and assigns that he the said Pope whenever the aforesaid companies shall conclude and determine to made or suffer to be made a less quantity of salt at Mann's and Bullitt's Licks than is now permitted to be made (and so often as the aforesaid companies shall make known a similar determination) shall deduct a quantity of salt from the rent herein covenanted to be paid in such proportion as the quantity so permitted and suffered to be made shall bear to the quantity which is or might be made.

Also that he the said Richard Bibb shall and may possess, occupy and enjoy all and singular the premises herein intended to be granted and demised by him the said William Pope to him the said Richard Bibb from the let hinderance or interruption of him the said William Pope or any other person or persons whatsoever, for and during the aforesaid term of him the said Richard.

And he the said Richard Bibb for himself, his executors, administrators and assigns doth covenant, grant and agree to and with him the said William Pope, his executors, administrators and assigns that at any and all times where two month's rent shall be in arrear, due and payable to him the said William Pope, then and in that case (and so often as the same shall happen) it shall and may be lawful for him the said William Pope to reenter in and upon the said demised premises and to possess, occupy and enjoy the same until the rent so in arrear and payable shall be fully satisfied and paid, and no longer.

Also that he the said Richard Bibb at the end and expiration of the aforesaid term of him the said Richard will deliver or cause to be delivered unto him the said William Pope his tenant or agent the above mentioned four pits or furnaces with fifty sound kettles to each pit of the kind he the said Bibb receives; also the balance of the herein before demised premises in reasonable repair, the natural decay, usual wear and accidents excepted.

And whereas he the said Richard and the said William Pope hath this day bargained for all the goods and merchandise now upon hand in the store of Thomas L. Slaughter and Company.

Now he the said Richard Bibb doth covenant, grant and agree to and with him the said William Pope that he the said Richard Bibb will deliver or cause to be delivered the aforesaid good to him the said William Pope as soon as they can be inventoried listed, and he the said William Pope doth covenant, grant and agree to and with him the said Richard Bibb that he the said William Pope will receive the aforesaid goods so soon as he the said Richard Bibb shall be ready to deliver the same; also that he the said William Pope will pay him the said Richard Bibb for the said goods and merchandise (after the manner herein after expressed) the prime cost of the same and the difference between Maryland and Virginia currency over and above the aforesaid first cost and the expenses of transporting the aforesaid goods from Baltimore to Bairdstown.

And it is further covenanted and agreedly and between the parties to these presents that if the prime cost of the aforesaid goods shall amount to the sum of $12,000 then he the said William Pope, his heirs, executors and administrators shall and will pay to him the said Richard, his heirs, executors and administrators or assigns the sum of $3,000 on or before the first day of August then next ensuing the date of this indenture, provided nevertheless, and it is agreed by and between the parties to these presents that if the prime cost of the aforesaid goods shall exceed or fall short of the aforesaid sum of $12,000 then and in that case the aforesaid sum of $3,000 herein before covenanted to be paid on the aforesaid first day of August shall be reduced or added to in the same proportion as the prime cost of the aforesaid goods shall exceed or fall short of the aforesaid $12,000.

Also that he the said William Pope will pay to him the said Richard Bibb, his heirs, executors, administrators and assigns on or before the aforesaid first day August next the sum of $500 in cash in addition to the aforementioned sum of $3,000. And he the said William Pope for himself, his executors, administrators and assigns doth covenant, grant and agree to and with him the said Richard Bibb, his executors, administrators and assigns that all the rent salt which shall accrue and become due to him the said William Pope by reason of the several covenants contained in this indenture of lease in month of February next. Also all the rent salt which shall accrue and become due to him the said William Pope by reason of the aforesaid covenants from and after the last day of March next, shall be applied by him the said William Pope at the price of ten shillings and six pence per bushel to the payment of the balance of the purchase money of the aforesaid goods and merchandise until he the said Richard Bibb shall be fully paid and satisfied, any covenant matter or thing in this indenture contained to the contrary notwithstanding; provided nevertheless and it is clearly understood as the intention of the parties to these presents that all loss which shall or may happen on the said salt intended to be appropriated to the purpose aforesaid by reason of wastage; that all expenses which shall attend the selling of the same by the agent of the aforesaid companies, and that profit which shall accrue by reason of the aforesaid salt selling for more than ten shillings and six pence per bushel, shall be sustained and paid and enjoyed by him the said Richard Bibb, provided also and it is expressly agreed by and between the parties to these presents that he the Richard Bibb shall and may draw and receive the money arising from the said salt (herein intended to be applied to the purposes aforesaid) monthly; and every month or in the same manner and at the same time or times as he the said Richard Bibb shall and may receive the money arising from the sale of such salt as he the said Richard shall or may deliver to the agent of the aforesaid companies on his own account.

And it is further covenanted and agreed by and between the parties to these presents that if at any time during the term of him the said Richard Bibb the pipes through which the salt water shall be conveyed from the north to the south side of Salt River shall be removed or displaced so as to prevent him the said Richard Bibb from working the pits on the south side of said river, then and in such case and so often as the same may happen, he the said Richard shall in reasonable time remove his kettles to the pits on the north side of said river if from the state of the river or the inclemency or temperature of the weather the aforesaid pipes cannot be conveniently repaired in any reasonable time, and work the same until he the said Richard Bibb may conveniently repair the said pipes; provided nevertheless and it is agreed by and between the parties to these presents that he the said Pope shall be bound to deduct a rent in proportion for all the time he the said Bibb shall lose in repairing the aforesaid pipes or removing his kettles from one set of pits to the other and fixing up the same.

And he the said Richard shall and may cut wood and timber off of the land of the said Pope on the north side of said river, whenever and at all times when he the said Bibb, shall work the aforesaid pits on the north side of said river sufficient for that purpose any covenant contained in this indenture to the contrary notwithstanding.

And it is further covenanted and agreed by and between the parties to these presents that he the said Richard Bibb may cut clear, fence and sow in timothy so many acres on the land of him the said William Pope on the south side of said river as he the said Richard Bibb may choose for which he the said Richard Bibb is to have the privilege of cutting and taking four crops as a compensation for his trouble and expense in making the aforesaid meadow.

And he the said Richard Bibb for himself, his executors, administrators and assigns doth covenant grant and agree to and with him the said William Pope, his executors, administrators and assigns that he the said Richard Bibb will not willingly and knowingly suffer any part or parel of the herein before demised premises to be out of repair so as to prevent him the said Richard from delivering the aforesaid demised premises unreasonable repair the natural decay usual ware of the same and accidents excepted.

In conformation of the several covenants written on twenty-two pages, the parties to these presents have subscribed their hands and affixed their seals the day and year above written.

William Pope Jr.
Richard Bibb

Testes:
H. Brodnam
Henry Speed
Thomas Hubbard
A. Hubbard

Bullitt County to-wit
To all whom it may concern I Frederic William Spencer Grayson, clerk of the county court of said county do make known that on the twenty-seventh day of June last the foregoing indenture or instrument of writing between William Pope Jr. of the one part and Richard Bibb Jr. of the other part was acknowledged personally before me by the said parties to be their voluntary act and deed for the purposes therein expressed. And that I have recorded the said indenture or instrument of writing in my office as required by law. Witness my hand this 6th day of July 1804.

Frederic W. S. Grayson

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