The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-06

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The gentleman, who, for convenience
we will dub "Mr. H." principally becaus
"Mr. Il" is not his name, was found to b
at leisure, or az nearly al leisure as so bus.
man is ever known to be, and he kind.
consented to permit the application OF tn
reportoriaI wind pump, promising to i'm
part freely any information OF value which
he might be found to possess.
Alter some random conversation con
corning the advantages and disadvantage
OF residence in Wheeling, we asked MI
Il. il he had ever looked up
THE ORIGINAL TITLE TO THE SITE OF WHEEL
ING.
A little search among some memoranda
close at hand was productive OF a shee
which our informant passed to US with tn
remark:
THE oldest record evidence OF land ii
this vicinity within my knowledge, Is tina
contained in the patent or title OF Davit
Shepherd, for the tract OF land at the fork
of Wheeling creek, which is something
like this:
"'Berjamin Harrison, Esq, Governor 0
the Commonwealth OF Virginia, To al
10 whom these presents shall come
Greeting:
Know ye that by virtue OF part Of I
warrant for two thousand acres, under th'
hand and seal OF Lord Dunmore, late Gov
ernor OF Virginia, dated the twenty.tiftE
day OF March, one thousand, seven hun
dred and seventy.four, under the King o
Great Britain's Proclamation OF enc thou
sand, seven hundred and sixty.three, a
granted by the said Commonwealth
unto David Shepherd, assignee o
Francis KirtleY, certain trac
or parcel of. land containing
one thousand and sixty acres, by surve!
bearing date the - day OF November, on'
thousand seven hundred and seventy
Jour, lying and being in the county o
Augusta, in the Forks of Wheeling creek
by estimate about five miles from the
mouth, where it falls into the Ohio river
and bounded as follows:
Beginning at swamp oak standing or
the east side oil Wheeling creek, thence
rushing north forty.tive degrees east one
hundred and twenty poles, TO an ash
marked for corner; north twenty de
grees east one hundred and forty poles tc
sugar tree; south seventy. eight degrees
east one hundred and twenty poles to 9
sugar tree standing on drain; south fifty
eight degrees east forty poles, 10 Peters
Run. two hundred and forty poles 10 Lit
tie Wheeling Greek, three hundred aud
liz poles to sugar tree; south thirty.fvt
degrees west four hundred and sixty.siA
poles to beech and ash; north sixtY.sil
degrees west ninety.four poles to an ast
and sycamore on the bank Of Big Wheel
ing Greek; thence down the several mean
ders Of said creek north Atty degrees ives
ono hundred poles; north seventy degrees
west twenty poles; north elghtY.fve de
grees west tiftytWO poles; north sixty.hvt
degrees west sixty.fve poles; north elk de
grees west nineteen poles; north twenty
i've degrees east eighty poles; north fifty
tivesdegrees east sixty.one poles; nortt
ten degrees east thirty poles, to the mouth
of Little Wheeling Greek; north twenty
degrees west thirty poles; north six:y.twC
degrees west forty poles to the beginning
With its appurtenGnces.
To have and to hold the said tract, Oh
parcel OF land. with it's appurtenances, Il
the said David Shepherd, his heirs for
ever.
In Witness Whereof, the said Benjsmir
Harrison, Esquire, Governor Of Virginia
hath hereunto set his hand, and causet
the lesser seal OF the said Commonwealth
70 be affixed, at Richmond, on the eigh
teenth OF March, in the year OF our Lord
one thousand seven hundred and eighty
four, and OF the Commonwealth thu
eighth.
The next reliable evidence is found IL
the Ohio county survey books, which con
4ist OF records OF surveys made by the sur
veyors OF the county for individuals, upoE
the then domsin or territory OF the State
and We find surveys made for the Zanes
'aldwelIe, Boggs, Smith, Calhoun, Mills
HolIinsworth, Yates, &c a portion OF tht
land embraced being within the presen
city limits"
Were the titles thus acquired similar t.
our presumption titles DOw.a.daysp the re
porter asked.
No, sir. They we're sold, or granted t.
the settler, and instead OF the land heinz
divided into sections and parts Of sections
by right lines, the boundaries we're form
ID to suit the "squattsr," aud upon toma
hawk principles. That Is, the settler
could mark out his tract in form to sui
his taste or convenience; and the survey
vas made accordingly. Sometimes 4
stream was made boundary, at otheI
times a mountain ridge or hill top, and
sgain both Of those natural bounds were
iisregarded and the desire OF the pur
chaser became law to the seller.
You speak about these records appear
ing in the Ohio county survey book. Did
the county then control the lands within
its borders, and convey the title, as the
General Government now does upon the
public domain?
THAT question:" replied Mr.. H., Gear
ries US back beyond the time OF the Con
federation, and hence before there was
any General Government such as the
United States; and to the period when
giants we're made by the crowned heads
Of Europe, Of lands in America, undeI
their right or claim OF discovery. Under
that right Of discovery right OF dispose
was claimed, and the King OF Great Britain
from time TO time made grants, persona
or colonisl, and our locality was embraced
in the Grant to Lord Fairfax and others
or Virginia settlement. complimentary Il
Elizabeth. the Virgin Queen OF England
"The Virginia grant appears 10 have
had such an unintelligible boundary, this
it's clSim coercred everything west Of ii
eastern, and north otits southern confines
that was not rightfully or forcibly in pos
session Of some other European potentate
or else more definitely covered by anothe
English Crown patent.
Thus the title OF the lands in Virgins
and West Virginia passed from the Colo
nv, or State OF Virginia, 10 the settler, O
purchaser, by pstent from the Colonial O.
State government, and that the UniteI
States never had, or claimed the title ii
fee simple, Rs was, and ls the case, in tn
Western States and Territories.
at is sometimes amusing to see thu
confusion in which come learned Judge
get Themselves and their decisions by
iorgetiulness OF such a fact. For the!
often assume that the rights OF the Unitet
States AMI its citizens upon meandereC
aud unpatented stream in one Of the orig
inal States, stand upon the came basis pre-
cisely as they do in the States subsequent