Kentucky inherited its system of maintenance of roads and its militia organization from Virginia, which, in turn, adopted hers from the practice in England. The organization of civic duties was a variation on the old feudal system used in the countryside of Britain from time out-of-mind. In 1657-58, Virginia gave to her county courts jurisdiction over the roads that followed the buffalo traces and game trails and "Warrior Paths" through the forest that were improved to accomodate the passage of pack trains and oxen-drove waggons. On February 25, 1797, Kentucky enacted a law similar to that of Virginia's that impressed the services of able bodied men residing near the track followed by emigrants from the hills and piedmont of Virginia and the Carolinas over the Cumberland Gap into Kentuckee.

The system called for an organized militia, which in time of emergency could be mustered into the military service, but mostly were obligated to keep the roads open and passable. Counties were divided into districts and militia captains appointed in each district.

All "male laboring titheables" between certain ages (the age limit varied, but, in general, was composed of those required to pay poll tax) that were resident in the different districts were made to work the roads, or provide substitutes. (Three years after Joab Moore was enlisted, the road maintenance 'commissioners' "might "purchase, with any funds in their hands arising from said turnpike, any number of young able-bodied healthy Negro men, not exceeding ten" to do the physical up-keep of the roadway.) But, mostly, the Old State Road was kept in repair by those living within a specified number of miles of it. They were required to work from four to six days a year. From 1810, Joab Moore was "militia captain" over his nearby section of the Old Road.(1)

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Notes:

1) Decker, Elmer, Knox County Kentucky History, page 46, http://www.bellcountypubliclibraries.org/crm/ky/knox/decker.html 2006.11.26