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The Aaron Stark Family Chronicles Volume 4: Descendants of Jonathan Stark & Sarah Lacock; The Kentucky Stark Families Part 3: The Years in Kentucky Chapter 5: Why Did The Stark Families Move From Pennsylvania to Kentucky By Clovis LaFleur, February 2008; Edited by Donn Neal [Home]
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Reported as residents of Nelson County, Virginia (later Kentucky) on the 1785 tithable list were James Stark, Joseph Stark, John Stark, and Jonathan Stark [the younger]. In 1786, Christopher Stark became a resident, reported on the tithable list that year with his brothers and Daniel Joined the brothers in Kentucky in 1787. They were the same men proven to be residents of Washington County, Pennsylvania prior to moving to Nelson County. Many families living in Washington County who had been Virginia adherents during the boundary dispute years, migrated to the tributaries of the Salt River (located south of present day Louisville, Kentucky). Nelson County was created from Jefferson County, Virginia in 1784 and after the division, the Salt River became the southern boundary of Jefferson County and part of the northern boundary of the newly formed county. There could have been many motivations for this migration. However, the following were the most likely reasons the Stark Families and many of their neighbors moved to Kentucky.
For whatever reason, many of these families living in Washington County, Pennsylvania prior to 1792, moved to Nelson County and the Stark families, with some of their neighbors, joined this migration. The Virginia Certificates in Washington County, Pennsylvania In May of 1779, Commissioners appointed by Virginia and Pennsylvania began meeting in Baltimore to resolve the boundary dispute. In that same month, the Virginia Assembly appointed "land-title commissioners" for the purpose of adjusting and settling titles of claimants to unpatented lands in the counties of Yohogania, Monongalia, and Ohio. The commissioners were given the authority to grant certificates to claimants after hearing proof of settlement within the disputed regions.[1] August 31, 1779, the Baltimore commissioners signed an agreement which extended the Mason and Dixon line due west from its ending point by five degrees of longitude as computed from the Delaware River, which moved the southern boundary of Pennsylvania about 23 miles further west. From the western extension of this Mason-Dixon line, a meridian was drawn due north which was to be the western boundary of Pennsylvania. This agreement brought into existence the south and west boundaries of the region that would become Washington County in March of 1781.[1] On November 19, 1779, the Supreme Executive Council and the Assembly of Pennsylvania;
However, Virginia did not act on the commissioners' recommendations until the summer of 1780 and during the intervening time continued to exercise her authority over the Washington County region. The Virgina "land-title commissioners" arrived in Yohogania, Monongalia, and Ohio counties in November of 1779 and began granting Virginia Certificates allowing the claimed property to be surveyed. The seeds of discontent were being sowed for later litigation as everyone within the region awaited Virginia's acceptance of the Baltimore commissioners agreement. November 29, 1779, Thomas Scott expressed his indignation regarding the certificates when he wrote to the Supreme Executive Council of Pennsylvania, of which he was a member "respecting the State of Virginia empowering commissioners to sell lands within the bounds of this State, particularly in the county of Westmoreland."[2] On the next day, upon receipt of this correspondence, Joseph Reed, the president of the Pennsylvania Council, requested the Pennsylvania delegates to the Continental Congress introduce a resolution suggesting neither party in the boundary dispute should disturb the possessions of any person living in the disputed region. December 27, 1779, the Continental Congress passed a resolution which requested both parties discontinue granting warrants or certificates to any part of the disputed land, or to disturb the possession of any persons living thereon, and to avoid every appearance of force until the dispute could be amicably settled.[2] On the very next day, Joseph Reed issued a proclamation given to Thomas Scott on December 29th which quoted the Baltimore Agreement; re-stated Pennsylvania's ratification of that decision; and stated the above reported resolution of Congress. Reed closed his proclamation by issuing orders requiring all officers, civil and military, and other subjects of Pennsylvania, pay due obedience and respect to the resolution of Congress.[2] In a side note to Mr. Scott, who was to deliver the proclamation to the western frontier, Reed wrote:
Meanwhile, some of the Virginia "land-title commissioners" were sitting at Redstone and Fort Cox, surveying properties that would later be within the bounds of Washington County, Pennsylvania. Colonel William Crawford was the county surveyor for Yohogania County, Virginia (claiming jurisdiction over parts of Washington County) and copies of his "Record Book of Surveys" are still available for inspection. Some of the earliest entries were made in February of 1780 and the greatest number of these were located on Pigeon Creek and its tributaries.[1] On January 20, 1780, the Virginia "land-title commissioners" received Joseph Reed's proclamation and his request the commissioners yield obedience to the Continental Congress resolution. The next day the commissioners answered in part as follows from Cox's Fort.
No directions from the Governor requiring the commissioners to honor the Continental Congress resolution were received and the granting of Virginia certificates continued. March 24, 1780, the Supreme Executive Council and General Assembly of Pennsylvania made a presentation to Congress of their perception of the sorry state of affairs on the western frontier.
At the conclusion of this presentation, Pennsylvania, for the first time in this controversy, revealed they were prepared to forcibly exercise sovereignty over the region:
In May of 1780, the Virginia Assembly responded to this belligerent declaration with several acts which would later affect the legitimacy of many of the Virginia Certificates issued after April. The Assembly granted more time to obtain warrants upon certificates for preemption rights (the right of purchasing before others), granted an additional eighteen months to all persons who may obtain certificates from the commissioners to enter the same; and added a clause which stated:
Crumrine's "History of Washington County," on page 195, interpreted this clause to mean:
If Crumrine's interpretation was correct, then the certificates of William Wood (granted June 8, 1780) and many of his neighbors could have later been legally challenged by the Washington County Courts or Land Office and nullified. Finally, on June 23, 1780, the Lower House of the Virginia Assembly passed a resolution with conditions which confirmed Virginia's acceptance of the Baltimore Agreement. The resolution was passed by the Virginia Senate on July 1st and transmitted to Philadelphia. The condition Virginia added in part said”
September 23, 1780, the General Assembly of Pennsylvania grudgingly ratified the Virginia boundary agreement, in the interest of peace, including the conditions set forth in the Virginia resolution.[3] And yet, Virginia continued to issue certificates as late as June 3, 1782 in Washington County. Based on the above, once the Pennsylvania Land Office opened on July 1, 1784, it is quite probable many of these certificates issued from November of 1779 to June of 1782 were challenged and rejected. Claims of James Stark and Joseph Stark (not documented to have had Virginia Certificates recorded) could have been rejected because of a prior claim as stated in the conditions set forth in Virginia's resolution accepting the Baltimore Agreement. Crumrine's "History of Washington County," on page 237, provides evidence of the land title complications created by the conditions set by Virginia.
Second Term of the Washington County Court, January 1, 1782 Early in 1781, General George Rogers Clark was authorized by Virginia to raise an army for the purpose of capturing Detroit. One hundred forty troops from Virginia were placed under his command and he was authorized to raise and equip two thousand additional men in southwestern Pennsylvania. March 28, 1781, the General Assembly of Pennsylvania created Washington County which was to include all of the territory west of the Monongahela River and north of the extended Mason-Dixon line. The settlers within this region continued to be divided on the issue of jurisdiction. Therefore, Pennsylvania adherents would not answer the militia call of a Virginian while most of the Virginia adherents were more than willing to support the Clark expedition. Clark called for a rendezvous of the local militias on July 16, 1781 at several designated locations. C. Hale Sipe, in his publication titled "The Indian Wars of Pennsylvania," described Clark's methods of forcibly drafting men reluctant to join his expedition.
Some of the Virginia adherents who played a part in drafting men in Washington County north of the Mason and Dixon line (under the authority of Virginia) were Colonel Dorsey Pentecost, John Canon, Gabriel Cox, and Daniel Leet. Six months later, Gabriel Cox, along with several others, was indicted by the Washington County Courts for assault and battery stemming from their attempts to draft men for the Clark expedition. C. Hale Sipe described one documented attempt to draft men for Clark's expedition.
A general election for Washington County were held on October 9, 1781 and the majority of those elected for these public offices were "former" Virginia adherents.[6] The Washington County Court of Quarters met January 1, 1782 and the second, third, fourth, and fifth causes entered into the record during this second term of the Court were entitled "Republica vs. Gabriel Cox." Each of these causes were indictments for assault and battery brought in the order given above by Isaac Gibson, Richard Parkinson, Hugh Sterling, and Hugh Scott. The Isaac Gibson and Richard Parkinson cases were continued and tried April 2, 1782. Gabriel Cox was acquitted by a jury of twelve men consisting of Virginia adherents and the other two indictments were dismissed. In like manner, John Vanata and Michael Tygart were indicted and acquitted of the same charges. Historians explain these indictments were brought against men for having assaulted individuals in Washington County while attempting to forcibly draft them under the authority of Virginia into the militia for service in General Clark's expedition.[5] As might be expected, Virginia complained to the Supreme Executive Council of Pennsylvania. The council then called on Thomas Scott, the clerk of the Washington County Court, to report the facts and circumstances. In a letter to President Dickinson dated August 15, 1783, will be found the facts related to the Cox case as stated by Mr. Scott.
Crumrine's "History of Washington County," on page 239, speculated:
As the Virginia adherents power began to fade with time, perhaps some of the men who accompanied Cox on his militia draft raids or participated in the above events, were compelled to leave Washington County and the jurisdiction of Pennsylvania to avoid possible future prosecutions. Virginia Certificates on the tributaries of the Salt River Under the Virginia Land Law passed in May of 1779, residents of the Kentucky District [created December 1, 1776] could purchase Certificates of Settlement and Preemption Warrants if they met certain residency requirements. Persons in Kentucky County prior to January 1, 1778, who had made an improvement and planted a crop of corn, were eligible for 400 acre Certificates of Settlement for the land they had improved. They could purchase an additional 1000 acres, adjoining the Settlement tract, under a Preemption Warrant. Anyone in Kentucky County, Virginia, after January 1, 1778 and before May 1779 (when the Land Law was written) were eligible for a 400 acre Preemption Warrant for the tract on which they had made an improvement and planted a corn crop.[6] A Land Commission was appointed to hear testimony from Kentucky County residents and their witnesses; the Commission then decided who qualified for 400 acre Certificate of Settlement warrants and/or 400 and 1000 acre Preemption warrants. The Commission for the Kentucky District consisted of William Fleming, Edmund Lyne, James Barbour and Stephen Trigg. The Commission conducted their hearings in Harrodsburg, St. Asaph (Logan's Fort), Boonesborough, Bryants Station (near Lexington), and the Falls of Ohio (Louisville).[6] The Salt River and its tributaries were within the Kentucky District until it was abolished June 30, 1780 and divided into Fayette, Jefferson and Lincoln counties. Jefferson County, created on this date, now had the Salt River and its tributaries within its jurisdiction after the effective date of it's existence on November 1, 1780. Nelson County was created October 1, 1784 from Jefferson County and the effective date of the new County's existence was January 1, 1785.[6] From the text of the act creating Nelson County: "BE it enacted by the General Assembly, That from and after the first day of January next, the county of Jefferson shall be divided into distinct counties by Salt River; and that part of the said county lying south of the said river shall be called and known by the name of Nelson, and all the residue of the said county shall retain the name of Jefferson." Therefore, all of the southern tributaries of the Salt River were within the jurisdiction of Nelson County beginning January 1, 1785.[6] Among those receiving Virginia Certificates before November 1, 1780 were David Cox, Isaac Cox, Thomas Bullitt, James Rogers, Paul Froman and many others.[6] All had certificates granted by the District of Kentucky. Isaac Cox and his brothers are of particular interest for they were all brothers of the above infamous Gabriel Cox. All had lived in the region which became Washington County, Pennsylvania. Cox's Station was founded by Isaac Cox in April of 1780, which was located in Nelson County north of Bardstown on the middle branch of Cox Creek, just east of the present day community of Cox Creek. Isaac Cox, with his brothers, Gabriel and David, grew to manhood in what is now Hampshire County, West Virginia. In 1775, Isaac married Mary Enoch in Hampshire County and then moved with his new bride northeast to the Monongahela River country where other members of the Cox and Enoch clans had moved several years earlier. During the boundary dispute between Pennsylvania and Virginia, the Cox Clan had bitterly resisted the inclusion of the region within the jurisdiction of Pennsylvania.[7] Isaac Cox received his Kentucky County preemption warrant certificate April 26, 1780 which was signed by William Fleming, Stephen Trigg, and Edmund Lyne. He received the preemption as a result of stating he had erected improvements in 1776 "lying on Cox Creek that empties into the Town fork of Salt River and about four miles from the Rolling fork of Salt River." The warrant for this certificate was required to be entered with the county surveyor on or before the 26th of June 1780. On June 29th, 1780, Isaac Cox paid 400 pounds to the Common Wealth of Virginia. The receipt stated
The property was surveyed March 28, 1781 and on June 1, 1782, Isaac Cox received his grant from Benjamin Harrison, the governor of the Virginia Commonwealth.[7] The above is an example of the process of becoming a land owner after obtaining a certificate of settlement or preemption warrant. This was the case for all of the properties along the tributaries of the Salt River which suggests all of this land was initially granted to the assignees by the Commonwealth of Virginia. No Revolutionary War warrants appear to have been issued in this region for it was most likely outside the acreage set aside for the Virginia Revolutionary War soldiers, which was further west. None of these properties appear to have been granted to potential buyers by land speculators like the Transylvania Land Company, although the region would have been within the boundaries of Transylvania, purchased from the Cherokee Indians March 17, 1775. The purchase of the Transylvania Land Company was later declared null and void by the legislature of Virginia and in 1795, the Henderson Company investors were awarded 200,000 acres lying at the mouth of the Green River as compensation for money and other things which were given to the Indians when the initial purchase was made. For all practical purposes, the Virginia Commonwealth assumed control of the property purchased by the Transylvania Land Company and allocated land according to the above certificates of settlement and preemption warrants.[8] The Land Ordinance of 1785, passed by the Continental Congress May 20, 1785, established the Northwest Territory, all of which lay to the north of the Ohio River and most likely had little if any impact on the allocation of properties on the tributaries of the Salt River. Virginia continued to issue certificates of settlement and preemption in the region until 1792, the year Kentucky achieved Statehood. Pennsylvania Act for the gradual abolition of slavery March 1, 1780, the Pennsylvania General Assembly passed an act for the gradual abolition of slavery. Crumrine's "History of Washington County," on page 257 summarized the provisions of this act.
However, this act was passed before September 23, 1780, the day Pennsylvania passed their resolution excepting the terms and conditions of the Baltimore Agreement. Washington County was created March 28, 1781and its southern and western boundaries were not finalized until the year 1785. Most likely the inhabitants of the county knew they were destined to be within the jurisdiction of Pennsylvania after September 23, 1780, but the delay in defining the boundary apparently allowed the Virginians, with questionable legality, to continue to exercise some authority over the region in opposition to the Pennsylvania authorities. Therefore, the complications created by the two jurisdictions during these years resulted in not only land title disputes, but disputes over the long term ownership of slaves. April 13, 1782, the Pennsylvania General Assembly passed an act "to redress grievances within the Counties of Westmoreland and Washington." The slave issue was among those grievances this act addressed.
Therefore, by January 1, 1783, all of the inhabitants of Washington County with slaves as defined by the act of March 1, 1780, were required to register those slaves. In an Act passed March 29, 1788, the General Assembly provided that any slaves brought into the State by persons intending to reside in Pennsylvania were deemed free persons; stated persons possessed of children liable to serve till twenty-eight years old were required to make entry thereof with the clerk on or before April 1, 1789 or within six months after the birth of such a child; provided slaves or servants who were husband and wife, were not to be separated, nor were they to be separated from their children; and severe penalties were provided for forcibly moving a slave or servant residing in Pennsylvania from the jurisdiction of the State.[9] As can be seen from the passage of these Acts by the Pennsylvania General Assembly, the abolition of slavery within the bounds of Pennsylvania was certain and the Virginians living within the State, if they were to retain ownership of their slaves, would have to move to regions more agreeable to the institution of slavery. Many of those who were residents of Washington County prior to 1792 owned slaves, and without doubt, most likely moved to Kentucky to retain ownership. Others, perhaps with more investment in the land than slaves, continued to live in Pennsylvania. As the above discussion has revealed, families who moved to the tributaries of the Salt River from Washington County, Pennsylvania most likely did for all of the reasons cited above. Some were already present in the region by 1785. For example, Isaac Cox, David Cox, Benjamin Cox, and Joseph Cox were all issued certificates of settlement and preemption warrants on the same day, April 26, 1780. There brother, Gabriel Cox, continued to live in Washington County until about 1786. He first appears as a resident of Nelson County on the 1786 tithable list of his brother, David Cox. He reported having Negroes named Quash and Hannah. No record, as of this publication, has been found reporting Gabriel Cox received a certificate of settlement and preemption warrant from the Virginia Land Commissioners. Public records suggest slavery would have been contradictory to the religious beliefs of these Stark families. Many Baptist congregations, as well as other religious denominations, from about 1780 and up to the Civil War split over the slavery issue. As will be demonstrated later, the initial moves by the Stark families into Indiana were just across the Ohio River from where they were living in Kentucky; a distance of only 30 to 50 miles. Perhaps their move into Indiana was prompted because they were emancipationist. ____________
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Other than that work created by other acknowledged contributors or sources, the articles presented were authored and edited by Clovis LaFleur and the genealogical data presented in this publication was derived and compiled by Pauline Stark Moore; Copyright © 2003. All rights are reserved. The use of any material on these pages by others will be discouraged if the named contributors, sources, or Clovis LaFleur & Pauline Stark Moore have not been acknowledged. Disclaimer This publication and the data presented is the work of Clovis LaFleur & Pauline Stark Moore. However, some of the content presented has been derived from the research and publicly available information of others and may not have been verified. You are responsible for the validation of all data and sources reported and should not presume the material presented is correct or complete.
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