KYBUTLER-L Archives

From: <>
Subject: Tip #246- Telico Claims-From Sandy Gorin
Date: Thu, 3 Jun 1999 09:34:18 -0500 (CDT)

TIP #246 - TELLICO CLAIMS

               The Tellico lands were defined by
the Kentucky Legislature as: "Beginning at the mouth of Duck River,
running thence up the main street of the same to the junction of the
fork, at the head of which fort Nash stood, with the main south fork;
thence a direct course to a point on the Tennessee river bank, opposite
the mouth of Hiwasee river. If the line from Hiwassee should leave out
Field's settlement, it is to be marked round his improvement, and then
continued the straight course; thence up the middle of the Tennessee
river, (but leaving all the islands to the Cherokees,) to the mouth of
Clinch river; thence up the Clinch river to the former boundary line
agreed upon with the said Cherokees, reserving at the same time, to the
use of the Cherokees, a small tract of land lying at and below the mouth
of Clinch river, from the mouth extending thence down the Tennessee
river, from the mouth of Clinch to a notable rock on the north bank of
the Tennessee, in view from South West Point;

thence a course at right angles with the river to the Cumberland road;
thence eastwardly along the same, to the bank of Clinch river so as to
secure the ferry landing to the Cherokees up to the first hill, and down
the same to the mouth thereof, together with two other sections of one
square mile each, one of which is at the foot of the Cumberland
mountains, at and near the place where the turnpike gate now stands; the
other on the north bank of the Tennessee river, where the Cherokee
Talootiske now lives."

               On January 31st, 1810, the Kentucky
Legislature passed an act dealing with the Tellico Claims. They are
sited in 4 Litt. 167.

               How the lands were to be taken up:
It was lawful for every free white male or widow, or unmarried female
above the age of 18 years, who has already settled and resided on these
lands for six months - land to be considered waste and unappropriated
lands - those acquired by the treaty of Tellico. They had to apply to
the Circuit Court of the county where they had settled and prove to the
court by two witnesses that they had occupied the land for the required
time. They were then entitled to a certificate for any quantity of land
not more than 200, nor less than 100 acres including their settlement.
The certificate was to show the specific location of the land. The clerk
of the court delivered one copy to the claimant and the claimant paid 1
shilling for the land.

HOWEVER, they could not apply for any land that contained a salt spring,
silver or lead mine or within 1,000 acres of same.

               The person, in possession of the
certificate, had twelve months after the date shown on the certificate
to produce it to the register of the land office. He paid the treasurer
$40 for each 100 acres. He was then entitled to a warrant for the land
and the proprietor then paid the register twenty five cents.

               The owner then had 12 months to
have the land surveyed and the plat and certificate recorded in the
surveyor's office. He paid a fee to have this done.

               There was a special regulation that
no location or survey shall in its length exceed its breadth mroe than
one third unless interrupted by prior claims.

               When conditional lines had already
been established between the claimants, the lines were binding as the
true boundary lines between them.

               If a person had settled and resided
on these lands acquired by the Tellico treaty, and had not within the
twelve month limit obtained his certificate for the lands, any other
settler on the Tellico lands could give the settler a notice in writing,
witnessed by two witnesses, in which notification was given that should
they fail to obtain a certificate for the land by the fourth day of the
second Circuit Court after the delivery of the notification, he - the
other settler - would be applying for a certificate.

               The act above was amended on
January 31, 1811 and dealt primarily with the payment method and handled
installment buying. I guess this is not a new concept! They were now
allowed to pay in four equal annual installments due January first each
year at 6 percent per annum. If payments were not received, the land was
open for sale again.

               Again, on February 8th, 1812 (4
Litt. 404) more amendments were made. This stated that any person who
obtained a certificate for any of the waste and unapproiated lands under
the treaty of Tellico, now had 3 years to pay for the land at $20.00 per
100 acres, still due on January 1st of each year. If a payment was
missed, the land was again exposed to sale.

               By January 4th 1813, more changes
were made per 5 Litt. 5. Any payment which was due on the first day of
January 1813 was now extended to January 1, 1814.   They were again
postponed by an act passed January 28th, 1814 allowing the settler to
hold off payments until 1815, payable in December. January 31st 1815 saw
another postponement covering payments which were due in 1812, 1813,
1814 and 1815 and made payable in December 1815 through 1818
respectively.. In January of 1816 (5 Litt 325), the Legislature made a
special offer - anyone who would pay the lands off in full would be
allowed a discount.

              This appears to have been
indefinitely postponed year after year through
1821.

(c) Copyright 3 June 1999, Sandra K. Gorin, All Rights Reserved.

                                   
                                 
Colonel Sandi Gorin
                        205 Clements,Glasgow, KY
42141
                       
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"Have A Beautiful Day"
Connie
 
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