for this history; nor will more than an incidental reference to it, be made. Reserving therefore, such political disquisitions, as the occasion may call forth, for the constitution of Kentucky, -the subject of the lands, will now be resumed.

The Ohio company, already noticed, was one formed, some time previous to the rupture between Great Britain and her colonies; consisting of great personages, both in England, and America, whose object was to engross the most valuable lands on the western waters. Some monopolising privileges had been conferred on it, by the crown of Great Britain; and it had employed a few active agents, who had explored and surveyed much of the upper country, and some of the western parts of Virginia. As early as 1776, several large surveys had been made for it, in Kentucky, for the purpose of obtaining patents. Which in most instances elsewhere, and altogether in Kentucky, had been prevented by the deranged state of public affairs, and the succeeding revolution in government.

The Indiana company, was another association of land jobbers, formed nearly on the same plan of the former, including a number of influential characters, not included in the Ohio company, and whose object also was to accumulate western lands. For this latter company, several surveys were made on the upper waters of the Ohio, within the bounds of Virginia; but it is not known that any patent had been issued on them.

Many surveys had been executed on military bounty warrants, under the proclamation of George III. of Great Britain, bearing date October, 1763, within Kentucky: and on some of which patents had been consummated.

Henderson and company, as has been said, had caused surveys to be made in the country, by virtue of their Indian title. Others, were made by General Thompson, heretofore named, on some assumed right; as neither himself, nor Pennsylvania, whence he proceeded, had any colour of law for what he did.

Some, had been executed for persons who had selected particular tracts for themselves, without any other warrant than their own will.

Very few, or none of these had procured patents, either from the royal government, or the commonwealth, previous to the passage of the land law; at the time before mentioned. A patent was, nevertheless, held essential to the completion of title.

There were in existence at the time, not only the different species of surveys just enumerated, but the claims of many persons, who had not proceeded to survey; and who had either settled themselves on, or improved, lands, with a view to future settlement-to which they asserted an inchoate right; not yet sanctioned by law-and to which they looked with some anxiety for a confirmation.

There existed also a kind of transitory claim, called, ancient importation rights; which entitled the party to fifty acres of vacant land, for each person imported by him, or her, into the colony.

A few there were, who had paid money into the public treasury under the regal government, for which they were entitled to receive vacant land; and these were called holders of old treasury rights.

From this enumeration, it may be seen that the legislature had a heterogeneous mass of rights, and claims, to act on.

If there were any others, they are not recollected—yet these were to be disposed of in some way, before the residue of the lands, could be sold with propriety—or purchased with safety.

Under this general aspect of the matter, the legislature, having first established a land office, and directed the principalduty of the register, &c. introduced their further act, in the terms following:

Section 1. "Whereas the various and vague claims to un patented lands, under the former, and present government previous to the establishment of the commonwealth's land office, may produce tedious litigation and disputes, and in the mean time purchasers would be discouraged from taking up lands upon the terms lately prescribed by law, whereby the fund to be raised in aid of the taxes, for discharging the public debt, would be in a great measure frustrated; and it is just

and necessary, as well for the peace of individuals, as for the public weal, that some certain rules should be established for settling and establishing the rights to such land, and fixing the principles upon which legal and just claimers shall be entitled to sue out grants:-to the end, therefore, that subsequent purchasers, and adventurers, may be enabled to proceed with greater certainty and safety-Be it enacted, &c. That all surveys of waste and unappropriated land made upon any of the western waters before the first day of January, 1778, by any county surveyor, commissioned by the masters of William and Mary college, acting according to the laws and rules of government, then in force; and founded upon charter, importation rights, duly proved and certified, according to ancient usage, as far as relates, to indented servants and other persons not being convicts, upon treasury rights, for money paid the receiver general, duly authenticated, upon entries regularly made before the 26th day of October, 1763, and not exceeding four hundred acres, according to act of assembly upon any order of council, or entry in the council books, and made during the time in which it shall appear either from the original, or any subsequent order, entry, or proceedings in the council books, that such order, or entry, remained in force, the terms of which have been complied with, or the time for performing the same unexpired, or upon any warrant from the governor for the time being for any military service in virtue of a proclamation either from the king of Great Britain, or any former governor of Virginia, shall be, and are hereby declared good and valid; but that all surveys of waste and unappropriated lands made by any other person, or upon any other pretence whatsoever, shall be, and are hereby declared null and void."

Now, by comparing this last member of the preceding enactment, with the previous specification of surveys, the reader will at once perceive all those which were rendered null, and void the rest, will be those declared valid, and good.

But there were many persons deemed meritorious claimants, who had not made surveys. Such were those claiming under the charter, and ancient custom of Virginia upon importation,

rights as before limited, duly proved and certified in some court of record before the passing of the act; those claiming under the treasury rights, for money paid the receiver general duly authenticated; or under proclamation warrants for military service; and not having located and fixed such lands by ctual surveys, as herein before mentioned; and these were to be admitted to warrants, entries, and surveys-upon paying office fees only; in the manner directed by the act establishing a land office.

(

Thus is exhibited a succinct account of the condition of ancient rights and claims, before and after the establishment of the commonwealth's land office-and the passage of the act for disposing of her vacant land.

A similar course will be pursued, in presenting a review of those sanctioned or created by that act. These subjects, rejecting all embellishment of style, or invention of terms, repose upon their own importance, the extent of which is yet not seen, their whole claim to attention.

For the early adventurers into Kentucky, the legislature proceeded to provide in the following sections:

"And whereas great numbers of people have settled in the country upon the western waters, upon waste and unappropriated lands, for which they have been hitherto prevented from sueing out patents or obtaining legal titles by the king of Great Britain's proclamation, or instructions to his governor, or by the late change of government; and the present war having delayed until now, the opening of a land office, and the establishment of any certain terms for granting lands-and it is just that those, settling under such circumstances, should have some reasonable allowance, for the charge, and risk, they have incurred, and that the property so acquired should be secured to them: Therefore,

"Be it enacted, That all persons, who, at any time before the first day of January, 1778, have really and bona fide settled themselves, or their families, or at his, her, or their charge have settled others upon any waste and unappropriated lands on the said western waters to which no other person hath any

legal right or claim, shall be allowed for every family so settled, four hundred acres of land, or such smaller quantity, as the party chooses, to include such settlement." For which two dollars and twenty-five cents per hundred acres, were to be paid by the claimant.

Here is to be seen the provision made by law for the solitary settler, prior to the first of January, 1778;—the next thing was to provide for those who settled in villages. Which follows:

"Whereas several families, for their greater safety, have settled themselves in villages or townships, under some agreement between themselves of laying out the same into town lots, to be divided among them, and have from present necessity cultivated a piece of ground adjoining thereto in common:

"Be it enacted, That six hundred and forty acres of land whereon such villages and towns are situate, and to which no other person hath a previous legal claim, shall not be entered for, or surveyed; but shall be reserved for the use and benefit of the said inhabitants, until a true representation of their case be made to the general assembly; that right and justice may be done therein; and in the mean time there shall be allowed to every such family, in consideration of such settlement, the quantity of four hundred acres of land, adjacent to such town, or village, and to which no other hath a legal right;" and for which the same price was to be paid, as for other settlement lands. Such were the village rights.

The parties respectively, who were entitled to the four hundred acre settlement, were to prove their rights before authorized commissioners, who were to grant certificates accordingly to the successful applicant. These certificates were each to contain a location, or particular description of the land claimed: which was to be entered with the surveyor; who was to survey the same, and upon a plat and certificate of the survey being first deposited with the register of the land office, and no caveat entered against it, after six months, he was to make out the patent, under the lesser seal of the commonwealth -signed by the governor-with a certificate on the back, under the hand of the register, that the party had title to the and within mentioned.

3