Wednesday, July 17, 2013

1784 Act of Preemption

Of The State Of Tennessee
Earliest Settlement Up To The Year 1796,


With A Biographical Sketch Of Judge John Haywood
By Col. A. S. Colyar.

Printed For W. H. Haywood.
Publishing House Of The Methodist Episcopal Church, South.
Barbee & Smith, Agents, Nashville, Tenn.

Page 218 - 220
At the same session they provided for many persons who had failed from inevitable causes to obtain from the commissioners in 1783 certificates of their preemption rights.

After the rights of preemption were created by the act of 1782, events took place which de facto formed the preemptors into classes more or less meritorious.  Some had gone off when the public distress was very pressing, and lived for a time in Kentucky or in other neighboring settlements; some had remained and defended the country through all its dangers; others had done the same, but were under the age of twenty-one years, and for that reason were left out of the provisions of the act of 1782; others had come after the 1st of June, 1780, but had joined with great bravery and effect in repelling the Indians; and some were killed and left young children and widows.  Those of the first description this act of 1784 were left as they were before.  Under the provisions of the act of 1782 and 1783 they were entitled to a right of preemption, but must may the price required.  Not so with those who had staid and defended the country, and were still living.  They were to make their entries without any price to be paid to the public. 

These the act particularly named – that is to say: 
  1. John Cockrill,
  2. Ann Cockrill (formerly the widow), Ann Johnston,
  3. Robert Espey, 
  4. James Espey, 
  5. John Buchanon,
  6. Cornelius Riddle,
  7. James Mulherrin,
  8. James Todd,
  9. Isaac Johnston,
  10. John Gibson,
  11. Francis Armstrong,
  12. John Kennedy, Jr.,
  13. Mark Robertson,
  14. William Ellis,
  15. James Thompson,
  16. James Shaw,
  17. James Franklin,
  18. Henry Howdeshall,
  19. Pierce Castello,
  20. Morris Skean,
  21. William Logan,
  22. David Flood,
  23. John White,
  24. Peter Looney,
  25. William Collins,
  26. Jonas Manifee,
  27. Daniel Williams,
  28. John Evans,
  29. Andrew Thompson,
  30. Caspar Mansco,
  31. George Freeland,
  32. Daniel Johnston,
  33. Edward Swanson,
  34. Andrew Kello,
  35. Francis Hodge,
  36. John Mulherrin,
  37. James Freeland,
  38. John Tucker,
  39. James Foster,
  40. Amos Heaton,
  41. Dennis Condry,
  42. Frederick Stump,
  43. Russell Gower,
  44. Andrew Erlin,
  45. Thomas Rater,
  46. Isaac Lindsley,
  47. Moses Winters,
  48. James Harris,
  49. John Brown,
  50. Lewis Crane,
  51. John Montgomery,
  52. Stephen Ray,
  53. Daniel Hogan,
  54. Thomas Spencer,
  55. Humphrey Hogan,
  56. Heyden Wells,
  57. Henry Ramsey,
  58. John Barrow,
  59. John Thomas,
  60. William Stewart,
  61. Samuel Walker,
  62. David Rounceville,
  63. Arthur McAdoo,
  64. James McAdoo,
  65. Henry Turney,
  66. Samuel Barton,
  67. John Dunham,
  68. Ephraim Pratt,
  69. William Overall,
  70. James Robertson
      seventy in all. 

The same provision was made in favor of heirs and devisees of such as were dead, and those who were specially named: 

  1. Zachariah White,
  2. Alexander Buchanan,
  3. James Leiper,
  4. James Harod,
  5. Alexander Thompson,
  6. Daniel Maxwell,
  7. Robert Lucas,
  8. Timothy Terril,
  9. William Hood,
  10. Edward Carven,
  11. William Neely,
  12. James Franklin,
  13. Samuel Morrow,
  14. George Kennedy,
  15. John Robertson,
  16. Able Gowen, Sr.
  17. Abel Gowen, Jr.,
  18. Nicoholas Trammel,
  19. Philip Mason,
  20. James Turpen,
  21. Nathan Turpen,
  22. Jacob Stump,
  23. Nicholas Gentry,
  24. William Cooper,
  25. Jacob Jones,
  26. James Mayfield,
  27. William Green,
  28. William Johnston,
  29. Samuel Scott,
  30. George Aspie,
  31. William Leighton,
  32. John Crutchfield,
  33. Joseph Hay,
  34. John Searcy,
  35. Isaac Lucas,
  36. Patrick Quigley,
  37. Jacob Stall,
  38. Joseph Milligan,
  39. Abraham Jones,
  40. David Porter,
  41. Benjamin Porter,
  42. Edward Larimore,
  43. William Gausley,
  44. Jonathan Jennings,
  45. David Carver,
  46. Jesse Bralston,
  47. Joseph Renfroe,
  48. Philip Conrad,
  49. William Gausway,
  50. John Bernard,
  51. John Lumsden,
  52. John Gilky,
  53. Soloman Phelps,
  54. James Johns,
  55. Thomas Hainey,
  56. Alexander Allerton,
  57. John Blackmore,
  58. James Fowler,
  59. John McMurtry,
  60. John Shoctly,
  61. John Galloway
  62. Isaac Lafour
      sixty-three in all.  (There are only 62 names)

The act takes notice of these latter persons who were killed in the defense and settlement of the county of Davidson and directs that the heirs and devisees of each of them shall have six hundred and forty acres of land without price to be paid to the public.  It proceeds to make provision for those who, because of their non-age on the 1st of June, 1780, were not entitled to the right of preemption under the act of 1782, thought they had remained in the country and helped to defend it;  and for those who joined in its defense, though not in the country on the 1st of June, 1780.  They gave to each of them six hundred and forty acres of land, to be laid off out of any lands in the country, except those set apart for the officers and soldiers.  These they also particularly named, and enabled them to enter their lands without price to be paid to the State. 
Their names were:
1.     Christopher Gais, Sr.,
2.     Christopher Gais, Jr.,
3.     Jonathan Gais,
4.     Kasper Booker,
5.     Richard Breeze,
6.     Phineas Cook,
7.     Mark Nobles,
8.     John Kells,
9.     Isaac Mayfield,
10.  Samuel Holles,
11.  Isaac Rouncevall,
12.  Eneas Thomas,
13.  Joshua Thomas,
14.  Caleb Winters,
16.  John Buchanan, Sr.,
17.  John Kennedy, Jr.,
18.  John Castello,
19.  Robert Thompson and
20. Sampson Williams. 

A number of other preemptioners had, indeed remained on the county, and shared in all the dangers which had threatened it; but they had made their entries and had paid the purchase money, and were therefore not embraced with this act.

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