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CHAP. VI.

Commissioners appointed-increase of emigrants, settlements, &o-Ruddle's, and Martin's, stations taken-Clark's expeditions→ division of the county--incidents of the war- State line runBoone's station evacuated-Floyd defeated--McAfee's station attacked--progressive population--state of the country, &c.

[1779.] IN the summer of the year 1779, many families in the interior of Virginia, and in the neighbouring states, prepared to remove to Kentucky, the ensuing fall; besides a very great number of individuals, whose existing claims, and intended acquisitions, brought out also, in the course of the year. These movements, may be ascribed to the land law, as one general cause. By it, commissioners were to be appointed by the governor, with advice of the council of state, to hear and determine all disputes relative to land claims; and to grant certificates of settlement and pre-emption, to such as were entitled to them, either jointly, or severally. The county of Kentucky was subjected to the exclusive jurisdiction of one of these courts, to be composed of four members, any three of whom to form a quorum; with powers to appoint its own clerk, and to require the attendance of the sheriff, of the county; also to administer oaths to witnesses, and others, necessary for the discharge of their duties-to punish contempts of their authority, enforce good behaviour in their presence, and to award costs, or not, at their discretion.

A surveyor, was to be appointed for the county, who was to open his office for the reception of entries for land, and for carrying them into effect by survey, in the manner prescribed by law.

The commissioners, were to give at least twenty days notice, in their district of jurisdiction, by advertisement at the forts, meeting houses, and other public places, of the time and place at which they intended sitting, for the purpose of collecting

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the parties; whose claims they were to hear and determineand to effectuate these objects, the court might adjourn from time, to time, and place, to place, as their business should require. While to guard against the mischievous consequences of a discontinuance, it was provided, that if the court should fail to meet at any time to which they had adjourned, neither their commissions, nor any matter depending before them, should be thereby discontinued; but they should proceed to business when they did meet, as if no such failure had happened. The clerk, was charged to keep exact minutes of all the proceedings of the commissioners, and enter therein the names of all persons to whom land was adjudged, either for settlement, or pre-emption, or otherwise, with their respective quantities and locations. The clerk was also authorized, and charged to issue process, for parties and witnesses, when required; which it was the duty of the sheriff to execute.

Judgment, when rendered, was to be final between the parties to the contest; except where one of them could not procure the attendance of his witnesses; in which case, it was to be adjourned to the general court, for further discussion, and a final decision.

But, as it was foreseen, that, by this summary mode of pro. ceeding, persons at a distance, might not have timely notice; it was also provided, that no grant should issue upon any of the claims determined by the commissioners, until the first of of December, in the year one thousand seven hundred and eighty; and in the mean time, any person aggrieved by their judgment, might enter a caveat in the general court; and upon proof of the want of notice, when the commissioners met, the court was to grant a rehearing; and might, to attain justice,. reverse the former judgment, and order a grant to issue to the élaimant.

The officers, and soldiers, of the Virginia line, in the service of the United States, had one year from their resignation, or discharge, to claim their rights to settlement, and pre-emption: and a similar provision was afterwards made by law, for the state troops. While it may not be irrelevant to remark, that

the effect of these privileges was retrospective, and tended to overreach and prostrate previously allowed claims, of other persons. Whatever may be said of the inexpediency, or injustice, of such legislative provisions, in relation to others; yet, considering the situation of those engaged in the public service of their country, they seem to stand exempted from censure as to them.

Nor could the feeling and sentiment, which at first dictated the indulgence, be resisted at the time, or checked for some years afterwards; so strong was the hold they had of the public mind. And which operating through the medium of the county courts, who succeeded the court of commissioners, were in 1784, 5, and 6, about to produce the most serious evils, when in the fall of the last mentioned year, the legislature, made to understand, the extent, and licentiousness of the abuse, repealed the laws, or limited in point of time, the exercise of those powers, about to prostrate the rights of others, who had perfected their titles, in a state of profound ignorance, of latent adversary claims, subsequently brought to light.

The governor having appointed, and commissioned, William Fleming, Edmund Lyne, James Barbour, and Stephen Trigg, all resident in other parts of the state, as commissioners for Kentucky; it was some time in October, that year, before they arrived in the country. On the thirteenth of the month, at St. Asaphs, the first court was formed of the three gentlemen, first named: John Williams, Jr. was appointed clerk; the sheriff attended; and a large concourse of people surrounded their sitting. The usual ceremonies being performed, the court adjourned, to meet at ten o'clock the next day. Accordingly, the court being opened the claim of Isaac Shelby, to a settlement and pre-emption, for raising a crop of corn in the country in the year 1776, was presented by Captain John Logan, and granted by the court, for the land on which Shelby made his farm in 1780, or '81, about one and a half, or two, miles southeastwardly from the Knob lick. A singular place, of much notoriety-whence, or near which, issue waters into branche of both Şalt, and Dick's, rivers.

This application for, and grant to, Isaac Shelby, were fol lowed by many others of a similar nature, or for single preemptions; for selecting and improving land in the country. To every person obtaining a judgment in his favour, whether for a settlement, and the pre-emption adjoining-or for the single pre-emption of one thousand, or four hundred acres, the court were to deliver a certificate, containing the quantity of the land, and its Location.

Specimens of these certificates, may hereafter be matters of curiosity, as well as subjects of reference in the further development of land titles, or controversies too important to be passed over in silence, in a history of the country: A transcript of each species of claim will therefore be given.

"Michael Stoner, this day appeared, and claimed a right to a settlement and pre-emption to a tract of land lying on Stoner's fork, a branch of the south fork of Licking, about twelve miles above Licking station, by making corn in the country in the year 1775, and improving the said land in the year 1776; satisfactory proof being made to the court, they are of opinion that the said Stoner has a right to a settlement of four hundred acres of land, including the above-mentioned improvement, and a pre-emption of one thousand acres adjoining the same, and that a certificate issue accordingly."

"Joseph Combs, this day claimed a right to a pre-emption of one thousand acres of land lying on Combs', since called Howard's creek, about eight miles above Boonesborough, on both sides of the creek, and about three, or four miles, from the mouth of it, by improving the said land, by building a cabin on the premises in the month of May, 1775. Satisfactory proof being made to the court, they are of opinion that the said Combs, has a right to a pre-emption of one thousand acres, including the said improvement, and that a certificate issue accordingly."

"Robert Espie, this day appeared and claimed a pre-emption of four hundred acres of land, he being a settler in this country, who made corn in the year 1778, as appears by testimony, lying on the waters of Paint lick, near the land of William Kennedy,

The court are of

at a spring, with the R. A. cut on each tree. opinion that the said Espie has a right to the pre-emption of four hundred acres of land, according to law-and that a cer. tificate issue for the same.'

To accommodate the people in the different parts of the country, the court of commissioners, adjourned successively to the principal stations-sitting at Harrodsburgh, on the 26th of October; at which place Stephen Trigg, took his seat in the court; on the 16th of November they sat at the falls of Ohio; and on the second of December, again at Harrodsburgh; from this place they adjourned to Boonesborough, where the court was opened on the eighteenth of the month. The third of

[1780.] January, 1780, the court sat at Bryant's station. Once more it was opened at Harrodsburgh, on the 28th of the same month-and from that adjourned to St. Asaphs, where it was on the 20th of April following. Having there finished their business-as after proclamation for claimants to come forward, none appearing-the court, on the 26th of the month, declared the expiration of its powers; and the session was thereby dissolved. There having been granted, in the mean time, about three thousand claims, of different kinds.

It is reasonable to imagine, great activity and bustle, took place in consequence of these acts of the commissioners; whereby, mere equitable claims, were adjudicated into legal rights; and many new interests created, in the place of doubtful pretensions; founded on obscure, and sometimes substituted, or doubtful marks. As however, none but vacant land could be effectively granted, and that was to be paid for, at the state price, little, or no injustice, was done. It would be difficult to delineate the various ramifications into which, the circum.. stances attending claims to land, propelled different individuals; whose great concern now was, to secure them ultimately: from which this narrative may safely absolve itself, as not being important to history.

While it may, nevertheless, be worthy of remark, that a great country 'was to be surveyed, which of course would produce much activity-and that George May, who had been

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