Early Governors' Papers

Sir) I am informed by Travelers from Cumberland that there was a footman seen at flint lick then at Blackbourne & hard of in the Mountains he has a Verry [sic] likely Gun with him, and Supposed to be the young Harp that is yet alive its probable that he will make to his Fatherinlaws John Rices whe^re he was. [harbend?] Rice lives 16 Mills from my house on the Tennessee. I have a Great desire to go and make serch [sic] About Rices to see if I Can find him as I am Anxious to have Revenge for my Brother whom the Murdred [sic] in Kentuckey [sic]. men in General seem backward without haveing [sic] the sanction of Goverment and if your Excellen= =cy thinks proper to order a fiew [sic] men for that purpose you will for Ever Ob.^l your friend and Verry [sic] Hb^l Serv.^t

Rob^t. Love 18^th Sep^t. 1799

his Excellency Govenor Seveir [sic]

Columbia October 19^th 1826

Governor Carroll

Sir, by a law of 1823, I was appointed, an agent on behalf of the State, to examine into the extent & condition of the real estate of which Captain John Rice died seized & possessed, & to secure to the State, if in my judgment, it was practicable, a 5000 acre tract of land, devised by said Rice, to be appropriated to the education of the poor of Cumberland (now Tennessee). Feeling disposed, if practicable, to pro -cure for the indigent citizens of our State, the benefit of the liberal & benevolent devise of Captain Rice, I have used considerable industry in in endeavouring to learn the condi tion of his real estate; tho in the procurement of information, I have ^not realized my expectations. I have been entirely unable to procure satisfactory information as to the subject of my agency, or to procure any part of the devise for the benefit of the Poor. The great difficulty in procuring the desired information, is owing to the circumstance of the land hauing been sold & disposed of, to a great number of indiuiduals, residing in different States, & at

great distances apart; the most, or wh-ole of whom, are claimants through one, two, or more, intermediate con-veyances. Captain ^Rice was the granter of near 130.000 acres ^in the Western District; he was also entitled to one sixth part of all the land granted to Mimican Hunt. He devised 46.000 acres of his lands to his brothers, sisters, & Jesse Benton, after which, he deuised 5000 acres to the Poor of Cumberland. His executors sold to Judge Overton, 55,000 acres, which added to the devises, exclusi -ve of the devise to the poor, amounts to 101.000 acres. Capt Rice died indebted to Col Polk of N. C. in ^a sum which, in 1822, amounted to $5,500. as its, for the payment of which, Elisha Rice conveyed 11.000 acres of the lands of Rices which were granted to Hunt, incumber -ed, however, with a claim of Col Ben ton, an other creditor. These lands were conveyed by Polk to M^r Murphy decea -sed, whose executor, Judge Murphy, has made arrangements to pay off the debts of Colonels Colonel Polk & Colonel Burton. From a letter of Judge Murphy accompanying this communication you will discover that the Judge has other claims for small parcels of this estate; tho the manner in which he procured them is not mentioned. From an other letter herew-ith sent, written by M^r J. Rice of Mad ison County Alabama, you will discover how extremely improvidently this

estate has been managed. He states, that at the death of Captain Rice, there were many large oustanding debts, many of which, ^have been satisfied by sheriffs sales of parts of this estate, at great sacrafices [sic] - that the executors sold large parcels of these lands & appropriated the money, not to the satisfaction of outstanding debts, but to their own use - that he is ig-norant himself of ^the situation of the estate - has not yet received his own share of it - & refers me to Judge Murphy for information.

Other gentlemen, I have ascertained, cla-im small parcels of Rices estate, but like those already mentioned, through several intermediate conveyancers, - consequently, contend that they are in-nocent purchasers, for fair & full con -siderations.

Believing that by ^lawthe ^law constituting me an agent for the State, that I was vested with discretionary powers to make compromises & accommodations with claimants, in the business of my agency, I proposed a compromise to most of the adverse claimants, but my overtures were in every case, rejected.

On ascertaining that no part of the devise to the Poor could be procured by compromise, & my power extending no farther than to amicable aran-gements, I dispaired of success; tho I believe, if an [energet?] & active agent, with power to prosecute a suit, whereby

all persons concurring could be made par-ties, & compelled to exhibit their titles, as they really are, that the whole or a part of the 5000 acres would be recovered.

But whether or not, it is matter of suffi cient importance to authorise such ^an expensive course, when too, a recovery would be contingent, I do not pretend to offer an opinion, but leave to those, this consideration, whose proper province it is to judge. to as ?

I have not been able to learn the preci -se number of acres, of which, Captain Rice [?] seized, nor do I believe I could without much trouble & considerable expen -se, in consequence of his haveing undivided interests in lands granted to other persons; but of this, I can assure your excellency, that his real estate is immense, & with [?] wasteful & slovenly management, would be more than sufficient to satisfy all devices & outstanding debts.

My business & engagements will not permit me to continue in this agency any longer, therefore, if the Legislature be of opinion, that further efforts ought to be made to secure this devise, they will have to appoint some other gentleman, to act for the State. Extreme indisposition prevented me from making this communication earlier.

With sentiments of high consideration, your obt. & Hum^b servt. J. W. Egnew