Early Governors' Papers

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