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and which the importance of the subject requires should be mentioned. The country, being unknown, and unsettled in its greatest extent, was explored by individuals, or small parties, who often gave different names to the same objects-such as water courses, traces, licks, &c.; and often mistook, or confounded, places, and distances, from the one to the other.

Whence sprang an infinitude of conflicting claims. Others, made, or referred to, obscure marks; which not having acquired the attention of those conversant in their vicinity, wanted notoriety, to supply the absence of description, and relied on them, as the foundation of their locations. To notice another source of interference, though last, not least, productive; it often happened, that two sets of locators, commencing their entries on parallelˇcreeks, and running out each way until they interlocked; were quite astonished to find their surveyors crossing each other's lines.

Such were the consequences of putting warrants into the hands of ignorance and cupidity, with which to appropriate land, without previous survey. And such the vices, inherent in the land law, of Virginia. While the evil consequences of this system of appropriation, were not a little increased, by the danger of Indians-the multiplicity of entries-the negligence of the parties in omitting to survey-and the continued emission of warrants, after twice the quantity of vacant land, had been sold.

In the lapse of a few years, and attendant on the progress of business, the country became better known; the science of location, had improved; the difference between a vague entry, and one that was special, had been learned; and the number of warrants so multiplied, that the face of the earth, was covered, again--and again-and again; with locations of the one, or the other description; containing quantities, for one hundred acres, to one hundred and fifty thousand; and even more of such acres. Nor should it on this subject, be deemed impertinent to remark, that the incompetency, and tardiness of the courts, and parties, permitted that part of the law, which provided the

raveat as a summary mode of adjusting conflicting claims; and which, awarded to the loser, a new warrant, and entry, by which to appropriate other land, to become a dead letter; as to such appropriation. Inasmuch, as the whole of the land, was more than appropriated, before any decision took place. Whence the party who failed in the litigation, when it, at length took place, although a purchaser from the commonwealth, sustained a complete loss of both land, and money. Nor was any remedy for these evils, provided by Virginia when she ceded to the United States, her immense territory, northwest of the Ohio.

Difficult as it may be to attach censure to a legislature, forever fluctuating; yet it is impossible to find an apology consistent with the principles of sound morality, for the whole conduct of the state, on this subject. She should have limited her sales to the quantity of land subject to location; or she should have enlarged that quantity, to the sales-before she ceded her vacant territory to the United States. For as much, as it belongs to states equally, as to individuals, to be just, before they are generous.

Under circumstances which have been exhibited, when men holding treasury warrants, saw that Kentucky land, or nothing, was their only alternative; they were reduced to the desperate necessity, of losing their purchase altogether,--or of making "special entries," to cover those which were vague; and afterwards of contesting the matter of right, with their owners. Thus, does Kentucky owe, to a combination of circumstances, both public, and private, a state of land titles, which more than Indian wars, has retarded her population-obstructed her improvement-distracted her people--impaired her morals-and depreciated the value of her rich soil, throughout the country.

It would be anticipating a conclusion, which should alone result from a detail of facts, to say in this place, that owing to the state of land titles, men have forgotten the first principles of justice, become blind to the rules of property, and grown deaf to the claims of private right--while the state is

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involved in dispute, and threatened with disgrace, by a system of legislative acts, springing out of that source. Such, however, is the unpleasant sequel, which belongs to this topic, and seems to lie within the scope of this history.

CHAP. VIII.

Questionable state of peace-Definitive treaty-Complaints as to negroes, and posts-Inexecution of the treaty-Internal occurrences, &c.

[1783.] THE winter of 1782-3, passed away with but little interruption from the Indians. Those, to the northwest, felt the effects of the last fall's expedition; and all, it is presumable, had been apprized of the expected peace between the United States, and Great Britain. While the most ignorant among them, could but be apprehensive of the consequences to themselves, should they not be included. The tomahawk, seemed therefore to be held up in expectation of events. For although preliminary articles had been signed in Paris, on the 30th of November, 1782, it was not known in Kentucky, until the spring of 1783.

Nothing could have come more opportunely, for the prevalent views and occupations of the people, than a confirmation of this fact. It was, indeed, "glad tidings of great joy." For never were men more tired of war; never more desirous of peace; never more intent upon acquiring land. While the necessary means employed for the purpose of attaining this last, and grand object, called them into the woods; and exposed them to the Indians, should there be any in the country; in a manner peculiarly defenceless, and insecure; but whom, it was expected would entirely disappear, or be friendly, in consequence of peace with England.

Why these expectations, so natural, and reasonable, came to be disappointed, it will be a part of this history, to develop.

Next to the acknowledgment of the independence of the United States, was the ascertaining, and fixing their boundaries. This was a subject of much interest to Kentucky--and about which there had been much intrigue, in the courts of France, and Spain.

These powers, connected by nature, and by compact-the one, holding an almost incalculable extent of colonial territory on the Mississippi; and both possessed of islands in the seas connected with the mouth of that river-had seen with considerable anxiety, and solicitude, the claim of the United States extended, as well by conquest as by charter, to its eastern bank. And while both aided the United States in the war against Britain, upon the professed motives of friendship, and generosity; they were really actuated from considerations of resentment against England; and of policy, and self love, towards themselves, One certain consequence, worth all they risked, was to result from the establishment of American independence--the loss to Great Britain, ever a rival, if not an enemy, of so many colonies, rapidly increasing in population, riches, and power. This, was clearly foreseen by those competitors of England, in arms, and for territory, as well as for mastery by sea--and that in proportion to the loss sustained by their adversary, would be their relative gain.. France, took the lead in the contest, being more immediately interested in the result; as having no inconsiderable pretensions to manufac tures, and commerce; and possessing, moreover, the most active disposition for enterprise, both in the cabinet, and in the field. Hence much ingenuity and influence were employed by the ministers of his most christian Majesty, to subject even the tenure of American independence to his guarantee. The next object of French, and Spanish, policy, was to limit the western boundary of the United States, by the Allegheny mountain, and at most, by the Ohio. The residue of the country to the west, was to have compensated These two friendly powers, for their disinterested assistance to the United States; and enabled them forever to controul that independence, which they had kindly proposed to take under their PROTECTION!!

Already had the flattery of the French minister, and the thousand blandishments of Paris, gained over to his purpose, the ever eulogised, Doctor Franklin; already was there a party formed in congress, so powerful, and so under the management of the same minister, the Count de Vergennes, that a

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