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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 265   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 265

a letter to the judges of the land office, in which, after
mentioning several surveys already made, and others then making,
of these western lands, he desired and insisted, on the part
of the proprietary, that no patents should be issued for them
until his lordship's pleasure should be known:¾He
represented that some of these surveys were located beyond the
Allegany mountains, in contravention of the king's
proclamation of the 7th October, 1763. In addition to the
impolicy which he attributed to the whole proceeding, he censured
it as unjust in reference to the back inhabitants, who had
" stood the brunt of two Indian wars," and some of whom
had obtained warrants, with a view of locating them on those
lands, before the reserve was laid, and now, for want of
notice, had not an equal chance with others for making
advantageous locations. One of the judges, in answer to this
letter, stated that the agent had received notice of the
governor's intention to take off the reserve, and had been informed
that the issuing of warrants must depend on him, as they
could not be granted until he the agent had certified that the
caution money was paid: that when this was done, the rest
followed in course: the person bringing a titling must have
a warrant, and he who returned a certificate must have a
patent, supposing all requisites to be complied with. The agent
rejoined by throwing the responsibility in regard to location on
the judges of the land office, as he could not refuse warrant
to any person that applied for it, but gave no direction that
the surveys should be made westward of Fort Cumberland.
The rest of the dispute turned upon the policy of the
proprietary's enforcing his claim at that juncture to what they both
agreed were his just limits, to wit, a meridian line drawn
from the head of the south instead of the north branch of the
Potomack. The board of revenue finally took up the
contest, by a kind of manifesto, entered on their journal, in which,
after reciting the correspondence just mentioned, they
justified their proceedings by a variety of reasons, very warmly
urged, and found great fault with the agent's interference.
¾
This defence appears to have been transmitted to the new
proprietary, or rather to his guardians, to whom Mr. Jenifer
is also supposed to have made an appeal. The result of the
contest was that, on the 6th of October, 1774, the judges of
the land office received instructions to suspend all further
proceedings upon the governor's order to them of the (a) 22d
March preceding, and to prepare, for the use of proprietary's
guardians, accurate lists and statements of all warrants issued,

    (a)There is some disagreement concerning the date of this order;
the proceedings of the board of revenue being on the 26th, but this is the
date assumed by the state government in the measures which it took
respecting the unfinished business arising out of this transaction.

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 265   View pdf image (33K)
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