Clio KY 1796-1834

Land acquisition had four pieces to be official.

First was a warrant stating why the person had right to land, how much, and where (as in antwhere in Virginia). It could be King’s decree, governor’s decree, or county commission’s certificate. These were entered into land office records. Kentucky homestead warrants required a minimum of a year of improvement and uncontested occupation prior to issuing the warrant. The lead mine warrant was by act of the KY General Assembly. They wanted commerce to supply citizens with a vital commodity. Warrants could be bought for cash. Virginia issued warrants for public service in lieu of cash.

Second, an entry was made in the land office for specific land to be surveyed per authority of the warrant. The prospective owner made a patent specifying location, metes, and bounds.

Third was a survey in which a surveyor physically went to the tract, marked and measured, wrote and usually diagramed what he found for the owner, and retained a copy of the record in the county surveyor book. Surveyors were sometimes hard to schedule. At other times, the survey and the patent were done from one and the same party of physical walkers around the boundaries.

Fourth is the grant by the governor (president for federal territories) or agent in his behalf. The owner is granted the title to the land he specified in the patent and had surveyed.

After a land grant, a tract could be assigned to somebody else by means of a deed in the county deed book.

Below is a Benjamin Logan warrant because I could find it just to show what they looked like.

For the Cumberland Gap area tracts, SN1754 had treasury warrants from Virginia, we presume not for cash, but for payment of his militia service. For the original Clio tracts, SN1754 had five warrants, one of them for SN1786 across the river.

Warrant #225 11Aug1798 Lincoln County Commissioners Richard Young, Robert Maples, and Jas Mowen certified that John Rutherford was entitled to survey and purchase 200 ac 1st rate land on north side of Cumberland River at the first bottom above the mouth of Fishing Creek bounded by George Lewis and Alexander Dick to west and the conditional line between Rutherford and Thomas Simpson on the north, a line agreed on by Joseph Bocad (?) and John Allcorn now dividing the land from John Lynch on the east.

Warrant #147 09Aug1798 Sam Newell 200 ac 2d rate land on South of Cumberland about 2 mi above the mouth of Fishing Creek. From a tree on the cliff near the rock that goes to the Corunal (?) crossing E along the top of the cliff 180 poles and at right angles to include improvements in NW corner. (location of 1799 ferry?)
Warrant #818 to James S Davis 27Aug1805 Will Fox Pul Co. Assigned to Ambrose Coffey 14Feb1812, Assigned to Sam Newell same day wit: Jos Whiteside.

26May1801 Wm Fox Warrant #115 200 ac. Survey #5354 SN1786 Nancy KY tract
17Oct1816 B6 p69. deed. Rec 30Jan1817 Thomas Dollarhide. On the river cliff adj Rutherford on the line of Wm Simpson with the line til it crosses the path leading from Henry Franscis to the mouth of Fishing Creek. Sugar tree Wm Simpson corner, N25E 212p, S58E 240p, w/ Wm Linches line S 38p, then S87W 298p to beginning

Warrant #233, Jul1801 Wayne Co 200 ac to Sam Newell adj N and E lines of his former survey. Signed Micah Taul. Survey by Joshua Jones SWC, 20Jun1805, 200 ac warrant #233. S of Cumb side of cliff near Simpson’s Springs, and Hites certificate claim, White Oak, then S22W 180p stake on Walter Emberton’s line, S75W 44p with Emberton to SN line, N5W 164p then on his AB line, S85W 180p, his corner then N5W 45p, on W Emberton line, to his beginning, maple on bank of river then with the river N77E 270 p to a stake on the bank, then S 35p then E26p then S15E 40p to the beginning.
08Oct1813 Receipt $35.59 Balance in full on Wayne Co #233 by Geo Madison auditor
Deed 06Jan1816 Lewis Coffey Wayne Co.

Clio was Jane Montgomery Newell’s name for her new three story house on the bluff overlooking the Cumberland River. Clio was the name of the Greek Muse of history and literature usually shown holding tablets or scrolls. It was the name for the US Post Office in the 1860s.

Perhaps the oldest surviving structure In Pulaski County is Jane’s Kitchen. Ole Loge, the family cook for the Joseph Black Newell generation, is buried outside “his kitchen.” Mrs. Evans and I were behind the house to view the kitchen.

Where the Indian Trace to Price’s Meadow forded the Cumberland, Samuel Newell operated a ferry. When I rode it, it was called the Waitsboro Ferry on Waitsboro Road. The junction of Jacksboro Pike and Waitsboro Road was at Clio. John Montgomery Newell built on the north bluff above the ferry. When mom was showing off her firstborn, the JM Newell house was known as the Cousin Jennie Newell Hail house.

The church started in Monticello in 1806 then moved to Pisgah, the place from which God let Moses view the promised land.

The Goggins donated land adfoining JM Newell for the Pisgah building and children for interlocking family trees. One source said that Thomas Dollarhide gave adjoining land for Pisgah Presbyterian Church. The names in earliest church records and some names missing on that early church roll tell several stories of the people, times, and place.

When the Corps of Engineers were preparing for Lake Cumberland, they needed to be ready to flood the Newell family burial plot at Clio. I vaguely recall it on a bench of ground between the river bottom and the bluff down the draw behind the house where the spring drains. We accessed it by turning left from Waitsboro Road when approaching the ferry from Clio. It was unanimous among the Newell heirs to leave the graves undefiled, but to move the stones to the Pisgah Cemetery. Three Sam and Jane Newell sons and one daughter with their spouses have markers where they were not buried, but where they were members at Pisgah Presbyterian Church.

Like so many of the early tax lists, the first Pulaski County book from August 1799 is water damaged. The county’s first tax commissioner was Samuel Newell’s virtual brother, Andrew Evans. His signature of certification is clear.

The next generation of Newell sons got into the coal business. A Somerset deed of Sep1849 shows the Newells acquiring right of way for “another” railroad from their Cumberland River wharf to their mines at the head of Addison Branch. Probably cars were powered by mules or oxen. I guess that they wanted two one way tracks instead of needing two tracks for volume traffic. http://books.google.com/books?id=ri9RAAAAYAAJ&pg=PA1268&lpg=PA1268&dq=coal+smith+shoals&source=bl&ots=Q-1ez9K_9d&sig=qTas5OaLhSjvQ-S-_4AdPjCkJcc&hl=en&sa=X&ei=5HJgUJrwJIuE8ATh0YHQBA&sqi=2&ved=0CB0Q6AEwAA#v=onepage&q=coal%20smith%20shoals&f=false is the 1879 Corps of Engineers report which (page 1268) mentions the Smith Shoals Shipwreck that Alma Owens Tibbals mentioned in History of Pulaski County (p 71) and was a Somerset newspaper headline. 15,000 bushels of coal per barge, 26 Newell barges from Addison’s Branch provided free coal on the banks of the Cumberland for miles downstream for several years. It also transformed Newell grandsons from miners into millers, teachers, lawyers, and farmers.