Polk Family Papers Box 9 Document 38

POLK Letters: March 2, 1860

1860, March 2

Col. Barney to Bishop Polk, re: the conduct of Franklin County in relation to the turnpikes; the difficult situation of securing titles to the lands for the University, the trouble being with the Estill heirs; long discussion about the tract around Rowe's Spring - lengthy details about the grants. 4 pp.

To Bishop Polk New Orleans

March 2nd 60

Col Barney to Bishop Polk

In my letter of the7th inst I informed you of the conduct of Franklin County in relation to the Turnpike affair. I have now to say that notwithstanding Colyar, [?] & others have been actively engaged in making speeches through the County in order to secure the vote [?] to taxation, they are at this time so doubtful of success as to deem it prudent to postpone taking the vote until the 10th of May next.

The proospect of securing titles to the land is more discouraging than heretofore. Some of the Estill heirs who gave their written obligation to make sure their 1/3 interest in the Sewanee grant & to the University, have refused to comply their right & it is found necessary to take legal process to enforce it.

I observe by a notice in the papers, there has been a saty of proceeding in the Decherd Case until July next, which postpones the chance of securing the land around Gordon Spg until then & perhaps a longer period..

One of the parties, owning the 300 acre tract South of the Gordon Spg, who some time [?] was willing to sell at a reasonable price, having gone to Texas, increases the difficulty of securing that very desirable tract.

But to cap the climax of all the difficulties that hang with potential clouds over this Chosen Spot, a claim has sprung up to the most valuable portion of the University lands, viz those in the vicinity of the Rowe track. An Agent Surveyor

appeared here last week with authentic papers sustaining older grants than the one of the Estill grants with which the Sewanee Co. helt title and after search the Corner & the marked lines of these tracts have been found, located by je as shown on the accompanying plat, which embrace 1750 acres exclusive of the older tracts as indicated on the plat.

Knowing that delay is dangerous, I proceeded at once to make the best bargain I could to prevent excessive rates if payale & succeeded in obtaining a written obligation from the agent of the Claimant (who assured me he was clothed with authority,) to sell the land in question for the use of the University at $1 per acre, ato which he stood bound until the next meeting of the Trustees.

I then went to Winchester hoping to find some flaw in the [?] claim, but to my sorrow to the astonishment of the party who [?] by the survey could, after a thorough examination of the Entry Books &c it was conceded that the Thompson Entry under which the claim is [?] older than the Estell Entry - but it is hoped that [?] [?] under possession may be brought [?] against the Claim - But as soon as the attempt is made to do a long & tedious lawsuit will be the conveyance

and if the University goes on with its improvement before a decision is had, an enormous sum may have to be paid & most likely by the University. With this view would it not be well for you to urge the immediate settlement of this claim now if the sum stipulated [?] be demanded. There is a party speculating in land contiguous to the University bounds, who i believe are in correspondence with you, who being cognizant of this claim, have intimated to me that through their agency the money asked by the claimaints be raised by contribution in Nashville.

I would now respectfully call your attention to the position the University is found in relation to the Sewanee Company - supposing this claim of 1750 acres to be sustained & it comes for the most part out of that portion which has been divided [?] of partnership conditions and then the Estate Interest of 1/3 in the whole grant is also to be deducted & [?] the Sewanee Company still hold an undisputed right to 1/2 of the proceeds or [?] in 2500 acres

These matters become highly important to be seen to at this time from the circumstances that the present Compy is declared insolvent & will be sold and on the 21th of this month- and a new Compy will be formed, as is [?] in a printed circular of that Compy to the old stockholders. Altho, the new Compy will retain the rights of the old Compy over the Real Estate, it will be paid from the obligations of the old Compy & in that case what becomes of the obligation to furnish 20,000 tons of [?] transportation & the 2000 tons of Coal to the University -

I feel sick & discouraged at the sad condition of our affairs & would enlarge on the subject but I think I must inform you, in conclusion, that I have deemed it prudent under the circumstances to suspend the work of clearing & have discharged all the men except a few to bring up the logs & sufficient already collected.

To Bishop Polk 2nd March New Orleans