Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-10
A ROMANCE OF I776.
The Stirring Story OF POrteriieId, Ser
geant in Arn0ld's Expeditionary
Corps Against Quebec and
Captain Of Virginia Volunteers. Who
Died ON the Bl0Od-BOught Field
of Camden.

Died on Inc 0lOOu-DOuS6t Field
Of Camden.
WASHINGTON, December 9.-aIu the sum-
mer of J775 the city Of Boston was lied with
British troops, and British ships u war Law
in her harbor The occupation was COM
pIete- and further advances were onIv pre-
vented by the raw, undisciplined and strsg-
Cling militia lying in a circle around the
enemy's position" II is in language of this
sort that the skillful, able and ingenious at-
torneys Of the claimants of the Porterfield
scrip have presented their case to the Secre-
tary of the Interior. The attorney, Mr.. Red
dingfop, continued giving the following his.
tory OF the origin of the scrip: At this crisis
a band of volunteers, since famous in the
history OF their country, was organized in
the county of Jefferson, in the far-off State
of Virginia. In three weeks this band Of
gallant patriots marched on foot 500 miles,
over rivers and through forests, TO the relief
of the Continental army investing Boston.
Charles Porterheld, prominent and wealthy
citizen of Virginia, Was one of this illustrious
band. and this perilous march was for him
the beginning of an historical military ca
reer in the service OF his country. He
was a sergeant in Arnold's detachment
sg ainst QIebec; in the assault was the
first man to mount its walls, was there taken
prisoner OF war and 30 held rom Deccmber,
i775, TO September, 1776. Upon exchange
he was appointed captain of Virginia vol
uuteers, and in the spring OF 1777 marched
with seventy men to New York and Joined
the Continental army under Washington.
He brought on the battle of Brandywine,
fought at Germantown and Monmouth, and
rem aimed in continuous active service until
Il l. fkax,
pointed commander of Virginia regiment,
and subsequently, quartermaster- general OF
the State. While occupying this position
news was received of the siege Of Charleston.
He applied for leave to marca to her relief,
and permission 10 do so was given bim by
Gov Jefferson. His men were not bound 10
leave Virginia, nor obey his order TO do 30,
but this obstacle was no bar 10 PorteIfeld's
impetuous patriotism. He induced his men
10 voluntarily follow him by disposing OF
his large private fortune aud deyoting the
proceeds to their support. He started for
Charleston, but before his arrival the
city had surrendered to the enemy. He
then attempted 10 join Col. Butord,
and was within a days march OF
him when that officers regiment was sur
prised and almost anuihIlated. At his own
expense he maintained his men along the
borders until August, 1880, when on the day
of the battle of Camden he Joined the forces
OF Gen. Gates. In that terrible battle he led
the advance, two thirds of his men were
killed, he Was mortally wounded, and all
his efects, money and papers, fell into the
hands of the enemy. In recognition OF
these services, and as an inducement to such
acts of valor, the State of Virginia, at very
early period of the revolution contracted to
give all who should engage in her military
service liberal bounties in lands. Numerous
acts TO effectuate this object were passed by
her Legislature; among others was one APP
proved in November, 1881, setting apart for
that purpose "all that tract OF land included
within the rivers Mississippi, Ohio, and Ten
nessee and the Carolina boundary line"
which was all of her territory then left I'M
appropriated. Col. Charles Porterheld left
no vile or children, and his brother, Robert
Porterfeld, also Revolutionary soldier, be-
came his sole heir-at-law. La 1882 the State
of Virginia Issued to said Robert Porter
field, as heir-at-law of his brother Charles
aud under the said sct of 1881, a warrant
for 5000 sores of land In 1888 another
similar warrant was issued to him as assignee
of Thomas Quarles for 2666s acres. With
these warrants and in supposed conformity
with law Robert Porter6eld, in August, 1884,
made entry OF certain lands in the district
above described amounting in all to 613S3
acres. Owing, however, TO Indian troubles,
aud by reason of adverse legislation of the
State Of Kentucky, which State, carved out
of the Virginia territory, included said
land, Porterield was unable TO perfect his
entries until 1924, when a survey was made,
and a patent issued 10 him by the gov
ernor Of said State of Kentucky. The land
included in this patent is covered by the
wealthy and populous city of Paducah. At
the time of the passage OF the act of 1871 by
the Legislature of Virginia, authorizing
these donations TO Revolutionary soldiers, it
was supposed that by a prior act, that of
1879, all the lands subject to location by
these military warrants-to-wit: the land in
cluded in the above specified terrilory-had
been removed from all possible location by a
certain other kind of warrant issued by the
State and known "land-ofice treasury war
rants" But after the issuance of his patent
in 1924, Porterfeld discovered that his land
was in fact covered by certain other entries
made in 1880 and 1871 by one George B.
Clark with some of there treasury warrants.
The Clark entries antedated those made by
Porlerfield; were prior in fact to the act of
1871, under which Porterield claimed.
Porterfeld was then an infrm old man, and,
desiring to avoid all contention and litiga-
ton, be presented to the Twenty-fourlh Con.
gress petition asking indemnify for the
lands TO which be had thus after SO many
years obtained title, only TO fud the same
covered by prior rights. Eminent lawyers,
however, doubling the legality of the Clark
entries, and fearing that Congress might not
be disposed TO grant indemnify while that
question remained unsettled, and particular
ly as the property had then become of great
value, and was covered by the city OF Psdu-
cab, Porterfeld, under the advice OF the then
Senator Leigh, of Virginia, and others, fled
bill in equity in the Circuit Court of the
United States, for the district of Kentucky,
against the guarantees OF Clark. Extended
and costly litigation ensued, the bill was
dismissed with costs on the 18th day of No
vember, 1S41, aud upon appeal this decree
OF the Circuit Court was affirmed by The Su-
preme Court Of the United States. Porter
| field Us Clark, 2 How, 76.) Pending this
sui. Porter6eld died, leaving William Ken
ney and Thomas j. Mitchie executors
OF his estate. The petition for re-
| lief was renewed in the Thirty-eixth
Congress, all the facts above recited
were established, and that body was asked
| to indemnify the estate for the absolute fail
ure of the consideration given to Robert
| PorteIfield in 1854 for the patriotic services
| and death of his brother in the darkest heurs
OF the Revolution, and for the loss of what
| was, as between him and the United States,
| good, valid and perfect title, both in law
| and equity, to the whole of the populous
and wealthy city, of Psducah. Congress
| Investigated the case, examined all the facts;
| elaborate reports were unanimously made by
the committees of both houses, and the
result was the passage OF the act of April
| IL, 1860, by which it was directed that 6IS3
acres of warrants should be issued TO the
said Keuney and Mitchie, as executors, to be
| located:
"On any OF the public lands, which have
been or may be surveyed, and which have
not been otherwise appropriated at the time
| of such location, within any of the States OF
Territories OF the United States, where the
minimum price of the same shall not exceed
the SUN of 81 % per acre."
II was with one of these warrants duly
assigned to him, according to law, that the
| appellant applied to enter the land now in
| controversy.
Browns Iron Ritters.