A Humble Petition 1776 (Part 3)

The petition of 1776 continues from (part 2)...

"But your Petitioners have the greatest Reason to question the Validity of those mens purchase being well informed that the Cherokees never extended their claims north of the Cumberland River, nor would warrant any Lands on the other side.  Besides its well known, that the Indians of the Six Nations Claimed and ceded those very Lands to the Crown of Great Britain at a Treaty held at Fort Stanwix in November 1768.  We therefore are not willing to obey those men, or the Authority they have assumed or indeed to acknowledge any power or prerogative, which is not derived from the Convention of Virginia whose subjects we desire to be considered."

Greatest reason to question the validity of the Transylvania company's authority.  Under which treaty do they operate their land claims...Fort Stanwix (Six Nations) or Sycamore Shoals on the Watauga (Cherokess)?  [The Shawnees who had dealt mostly with folks from Pennsylvania were not included although many of these petitioners were from PA.] 

A Humble Petition 1776 (Part 2)

The petition from "Herrodsburg, June 7 - 15th. 1776" continues...

"And in the meantime a Company of men from North Carolina purchased or pretended to Purchase from the Cherokee Indians all that track of Land from the southernmost waters of the Cumberland River to the Banks of the Louisa or Kentucke River including also the Lands on the which inhabitants live in Powells Valley, By Virtue of which Purchase they stile themselves the true and absolute Proprietors of the new Independent Province, (as they call Transylvania) they are indeavoring to Erect and in consequence of their their Usurped authority officers both Civil and Military are appointed, Writs of Election issued Assemblys convened, a Land Office opened, Conveyances made, Lands sold at an Exorbitant Price and a System of Policy introduced which does not at all Harmonize with that Lately adopted by the United Colonies, But on the Contrary for ought yet appears this Fertile Country will afford a safe Asylum to those whose principles are Inimical to American Freedom."

Richard Henderson and company had independently negotiated a treaty with the Cherokee Indians. [ a great council at Sycamore Shoals on the Watauga, March 19, 1775 ]   As the Louisa Company, they had advertised in Virginia and North Carolina newspapers in December 1774 that land could be purchased. [So certain were these folks from North Carolina.]  In January 1775 they were reorganized as the Transylvania Company.  All this activity was occurring under the laws of England.  The petitioners above [from Harrodsburg] identify this activity "which does not all Harmonize with that Lately adopted by the United Colonies".  In 1776, how could you refuse such reasoning. 

A Humble Petition 1776 (Part 1)

Folks residing in "Kentucke" during 1776 faced a great deal of uncertainty.  What was to happen to all the land claims that had been made just prior to this great period of confusion?  June 1776 found a bunch of fellows writing a "Humble Petition" to the Virginia council of government from the settlement recorded as "Herrodsburg".  It reads:

"To The Honorable The Convention of  Virginia"

"The Humble Petition of the Inhabitants of Kentucke (or Louisa) River on the Western parts of Fincastle County.  Humbly Sheweth that many of your Petitioners became Adventurers in this part of the Colony in the year 1774, in order to provide a subsistance for themselves and their Posterity; but were soon obliged by our Savage Enemy to abandon their Enterprise and in the year Following, after the Country had been discovered and explored, many more became Adventurers, some of whom claimed Land by Virtue of Warrant by Lord Dunmore agreeable to the Royal Proclamation in the year 1763 and other by Preoccupancy, agreeable to the Entry Laws of Virginia."

This sets the stage for the basic understanding of what was the underlying assumptions of these folks.  First, they believed that the year 1774 was the beginning of settlement.  Their primary goal was to provide "a subsistance for themselves and their Posterity".   [Of course, the ethic groups who already claimed and occupied the lands had something to say.]  Lord Dunmore's Proclamation was one acceptable way to seek land, along with the Entry Laws of Virginia. [see previous post]  Their view was that the "Country had been discovered and explored", and many more folks had become interested in the lands.

This and the other petitions from early Kentucky can be found in Petitions of The Early Inhabitants of Kentucky To The General Assembly of Virginia 1769 to 1792, by James Robertson, 1914.  It is published by John P. Morton & Company, Louisville, KY. [Printer to the Filson Club]

The next several posts will give this petition.

Changing The Rules in 1776

Virginia land laws had been in operation since the first "official" surveyor arrive to this colony in the early 1620s.  These laws had undergone a number of revisions, but were pretty much finalized in 1748 when some modifications were made.  It was under these "Virginia land laws" (regulations) that the settlement of the western lands took place.

Certain steps we necessary in order to secure a title, or patent, to a tract of vacant land.  Unless these steps were taken the claimant would eventually find himself dispossessed of his holdings.  These were the steps:

1) a definite tract of land needed to be selected [assumed to be vacant]

2) some marks showing the intended boundaries needed to be established
            designating natural objects: such as springs, forks of streams, points of hills, cliffs, or piles of  
            stones (or) the setting up of stakes, marking of trees, or planting stones

3) some improvement needed to be made to show signs of occupation

4) a report of intention needed to be made to the county surveyor, and an entry of the same made in his 
     entry book

5) the entry and quit-rent fees had to be paid by someone

6) the surveyor needed to make a survey of the land and record the survey with a plat

7) the surveyor's report needed to be filed with the secretary for the colony

8) the report needed to lie two years to see whether a conflicting claim would be made

9) the petition for the grant needed to be considered by the Governor and Council in executive session
    and a order made for the patent to be issued

10) the complete description in duplicate was then recorded in a patent book and a copy was 
      delivered  to the person named in the grant

Every tract of land (large or small) was a grant from the King, but the these rules where changed in 1776!

A very good discussion of these laws can be found in Kegley's Virginia Frontier, published by The Southwest Virginia Historical Society, 1938.

All Around The Town in 1774 - 1776

Finding springs, marking trees, planting corn, and building cabins were all part of the activities during the years 1774 to 1776.  The following map attempts to show the folks who found the land around the area that was to become Danville irresistible.  The surveys of these folks have been presented in previous posts.  The figure below is drawn to scale, and the approximate location of these surveys are drawn to scale.  North is to the top of the page, and the Dix River is drawn being on the eastern border of what is now Boyle County, KY.  A 1 mile marker line is given, and 1400 acres would be about a 2.2 miles by 1 mile rectangle.

The tiny square in the SW corner of John Crow's land [shown in green] would become the 76 acres of the "Town Lands" yet to be purchased.  A small matter of separation from the British Empire would slow things down after that declaration of July 4, 1776.

The land of James Brown [shown in blue] would be the southern border, and that of Thomas Harrod [shown in orange] would be western most border.  The lands of John Clark [shown in pink] would be to the south, and the lands of James Harrod [not colored] would be to the northwest.  "Boiling springs", "sinking spring", and the "town spring" would all play a role in the settlement of this area.

Clark's Run is shown in dark blue, and runs just south of the town lands.

So there you have it...all around what was to become, the "town lands" of Danville, in 1774 - 1776.

The Fisher Fellows 1776

Adam, Barnard, and Stephen Fisher were all raising a crop of corn during the year 1776.  Their lands were located in what was to become the area around Danville, and Stephen Fisher would have his problems with the claims of John Crow.  Adam's lands were near the "Mouth of Howards" run [waters of Dicks River], and Barnard's were lying "on the Waters of Salt River".  Now Stephen's land recorded:

"Stephen Fisher this day claimed a settlem't & preemption to a tract of land in the district of Kentucky on account of raising a Crop of Corn in the Country in the year 1776 lying about 3/4 of a Mile East from Jones Settlement & adjoining the same to include his improvment Satisfactory proof being made to the Court they are of Opinion that the s'd Fisher has a right to a settlement of 400 Acres of land to include the above location and the preemption of 1000 Acres adjoining & that a Cert. do not issue untill the further order of this Court-" [from court records held at Harrodsburg 28 Jan., 1780, pp. 150 - 151 Certificate Book of The Virginia Land Commission 1779-1780]

Now the "Jones Settlement" was that of John Gabriel Jones who ends up being my family! 

Thomas Harrod 1776

It took a bit for the dust to settle after the decisive battle of Point Pleasant.  The summer of 1776 found a number of new folks settling the land around the area that was to become Danville.  Thomas Harrod [believed by most to be the brother of James Harrod] raised a crop of corn on the land lying on "sinking spring".  His certificate reads:

"Thomas Harrod by James Harrod this day claimed a right to a settlement and preemption to a tract of land lying on sinking spring joining the North West side of James Browns land by improving the same & raising a Crop of Corn in the year 1776 satisfactory proof being made to the Court they are of Opinion that the said Thos. Harrod has a right to a settlement of 400 Acres of Land including the said Improvement & a preemption of 200 Acres of Land for the same, he declining to take the remainder of his preemption.-"

This "sinking spring" still runs today on what has become the campus of Centre College.  It can be seen just off Main Street and the junction of Saint Mildreds street.  Six hundred acres would be just less than a mile square area.  Thomas Harrod's land would become the land of Centre College!