Return to Lineage Page

Found the following in the book The Price, Blakemore, Hamblen, Skipwith and Allied Lines by Mayor Jay Berry Price, Tennessee Valley Publishing, Knoxville, TN 1992.

In the Draper Manuscripts, written by Lyman Draper the following was told to Drapper in 1883 by Thomas W. Carter, son of Dale Carter. son of Norris Carter. Carter's Fort was 6 miles west of Fort Blakamore on Boone & Porter’s Road.
"I have before me a letter from yourself bearing the date May 16th, 1883. Before answering I will inform you the cause why I did not answer you sooner. At the time it came to hand I was so feeble, the letter was kept from me for a long time; when I had gained health it had been misplaced at length it was found. The books you sent are being read by my grand children with great interest. I here thank you for the presents. Mister Draper I fear there has been some reports made to you from this country that are untrue; & in answering I may contradict your first question relative to Pat’k Porter. Patrick Porter died in 1810 or 1811 was between Eight and Ninety years of age; his fort was not known by any other name than Porters fort."

Further on in the comentary by Thomas W. Carter he states:
2 Quest)"The Devils Race Path Branch is a small branch emptying into a creek called (page 47-1) Stock Creek, one half mile below the Natural Tunnel through which the creek passes, a great natural curiosity: Two & half miles above where it mouths in to Clinch River. The branch heads near the top of a ridge called Purchess Ridge & runs between two spurs of said ridge, Rising abruptly on either side to a considerable height; the bed of the branch being the bed of the path which was very difficult to pass over. About 1790, a man by the name of James Paine made a settlement at the mouth of said branch. Another man by the name of Simon Dotson at the head; Paine's house became the Resort of bad men, Dotson made whiskey & sold to those men until it became dangerous for travelers to pass through the gorge & Received the name of Devils Race Path Branch. Here is a Rootsweb Database on lineage of Simon Dotson of Wise County, Va.

Another clue as to the whereabouts of James Payne might have been the reference to him very early in Gen. John Sevier's Personal Diary.   It reads:
October 1798 Sun. 28 cloudy & very cool. Memo. recd from James Paine at So. W. point 4 dollars towards pay of thirty-three gallons of whiskee. Mon. 29 cool & dry hard frost. Tues. 30 cloudy & cold snowed a little in the night - dined at Colo. Henleys with Capt Henly & others.
South West Point was near the town of present day Kingston, TN in Roane County at the confluence of the Clinch River into the Tennessee River.  Evidently the Paynes made good use of the Clinch River for travel. 

I have received a transcription of a Court Case in Augusta County Virginia Chancery Court that evidently was misfiled. The correspondence regarding the file is from Rick Allen and can be found HERE. For the transcription of the case between William Birdwell and James and John Payne click HERE.
The cases I have attempted to transcribe below were from the Grand Jury of Lee County, Virginia and most of the original copies I have put on my site and can be found HERE.

1810 Lee County Personal Property Tax List.
These are in alphabetical order and not in the order enumerates. You will have to consult original or microfilm copies of these lists for more information.
Spelling are as they appeared.
Bennett, Levi                  Grimes, William                  Parsons, John
Bevers, Sampson           Grimmet, William                Parsons, Samuel
Bishop, Abner                Guttery, Hugh                     Paulk, Jacob
Bishop, Elijah                 Guttery, John                      Payne, James
Bishop, John Jr               Guttery, Milam                   Payne, John
Bishop, Peter                  Gwynn, James                    Peek, George
Bishop, Thomas              Hale, Benjamin                   Peery, Jacob
Blakemore, James           Hale, John                         Pennington, Edward
Blakemore,Joseph           Hale,Richard                     Pennington,Micajah

head of household/    date taken/      tithables/     slaves over 12 years/        horses/notes
Jones Jonathan          23 May             1                      0                                 2 =20
Kelly John                 23 May             1                      0                                 0 =20
Payne John              23 May             1                      0                                 2 =20
Payne James           23 May             1                      0                                 3 =20
Tittle David                23 May             1                      0                                 3 =20
Wissman Philip           23 May             1                      0                                 5 =20
Calaham John             24 May             1                      0                                 1 =20
Lee Co., VA Abstracts Deed Book No. 2 1805-1812
p. 108;         Payne to George
Know all I, John Payne, Lee Co., VA for sum of $200 paid by William George of same county have sold 1 gray mare 8 years old, 3 yr old gray mare, 2 feather beds and their furniture, 21 Feb., 1804. Affix seal. John Payne Signed in pres, of: Charles Carter, John (his mark) Jones, Mourning Parrott. 23 May 1804 bill of sale proven by oaths of Charles Carter and John Jones and ordered recorded.
p. 115 Spurlock to Payne
Indenture 26 March 1806 between Drury & Olive Spurlock and John Payne, all of Lee Co., VA for sum xxxxx for 137 acres on Stock Creek and near Wagon Road and against claim of William McCulhin and Nathaniel Taylor.
Affix seals. Drury Spurlock
Olive (her mark) Spurlock
p. 202 Payne to Payne
Be it remembered that I have this day for sum of $980 to me paid by John Payne and delivered to John Payne the following property:   One Negro woman Mimah about 44 years of age, 2 beds and their furniture, one gun and a pair of pistols, 5 head of horses, mare, horse, I bind and defend said property to said Payne against myself and all claims whatsoever.
Witness my hand and seal 25 March 1806.
James Payne
p. 129 Deed of Gift         Payne to Payne
Know all men I, John Payne of Lee Co., VA for sum of $1 before delivery of these presents have granted unto James Payne one sorrel mare 3 yrs old, one young sorrel horse, 2 cows & yearlings and all my household and kitchen furniture. Affix my seal 24 March 1808.      
John Payne
p. 203                 Payne to Payne
Indenture 23 March 1808 between John and Rachel Payne and James Payne, all of Lee Co., VA, for consideration of $380 for 137 acres, being same tract of land purchased by John Payne from Drury Spurlock by deed 26 March 1806, and on Stock Creek a water of Clinch River,
Affix Seals        John Payne           Rachel Payne
From the records of Lee County, Virginia Court I found the following entries regarding John and James Payne:
Sept. 24, 1810
We of the Grandjury also present John Payne and George Spenser for unlawful gaming by playing at cards for money at the house of David Little about the last of May or the first of June last on the information of Charles Huff, farmer who was sent for by the Grandjury and sworn in court said sent for.
Sept 25, 1810 The Commonwealth plt
Jonathan Screech, Elisha Sereech defts Micajah Pennington Junior, John Payne & George Sperizar Ordered that the defendants be respectively summoned to appear here on the first day of the next Court to answer the presumption of the Grandjury aschecbetetion (?) against them at this Court respectively for unlawful gaming.
April 22, 1811 The Commonwealth plt
Upon a plea of the Grandjury for John Payne deft unlawful gaming
This day came the attorney for the Commonwealth prosecuting in the Court the defendant having been duly summoned was solomonly called and not appearing to gamsay the said presentment. It is considered by the court that the said def for the offence aforesaid forfeit and pay to the Commonwealth for the cora of the ??? of this County the sum of twenty dollars current money and that he pay the cost of the prosecution and a capias prfine is awarded.
April 23, 1811 George Jeff(or Geff) who was convicted of unlawful gaming of the last September ??? are again when a ??? was awarded for the fine ????? and also to have the ??? of defendant before the court to be dealt with ???? having been ??? by the ???? with James Payne his security for his appearance accordingly this day ??? himself ??? in Court in discharge of this obligation, and on the ??? of the ??? the Commonwealth, the said George Goff is committed in execution to the custody of the sheriff of this county to remain the common jail until for debtors until he shall have given security for his good behavior for the time of one year that is to say himself in the sum of five hundred dollars with one or more securities to be bound with him alike sum of five hundred dollars until he shall have satisfied the said fine and costs or be otherwise discharged by the course of ???. Whereupon the said George Goff with Joseph Koger, John Daharp and Charles Carter his securities her in court severally acknowledge themselves to be indebted to the excellency the Governor or chief magistrates of the Commonwealth the said George Geff in the sum of five hundred dollars and the said Joseph Koger, John Daharp and Charles Carter with sum of one hundred and sixty six dollars and sixty six and two thirds cents or such of this respectively and ????? goods and ???? and to our said governor and his ??? for the use of the Commonwealth lies upon this ??? that if the said George Geff shall be of good behavior and keep the peace ??? of ??? of the Commonwealth and more especially shall not be guilty of unlawful gaming during the term of one year as aforesaid then this allognengance to be void else to remain in full force. (missing the page before this)
April 26, 1811 by the infor matter of John Payne of ??? and John Preston, merchant of Lee County sworn and sent to us.
We of the Grandjury do present ???? Galvin alias Robert Bailey labourer for unlawful gaming by playing at the game of all fours at the house of John Payne in the county aforesaid near the last of December 1810 contrary to the statutes in that case made and provided by the information of James Payne sworn and sent to us.
Sept 23, 1811 Commonwealth Plt
On a ??? foresaid Petit, Noe & Jones On motion of the Defts by their attorney who presided not give ?? to which the plt replied generally it is ordered that the judgement obtained against the defts in the office be ????. Ordered that James Payne be summoned to appear here at the next court to show cause of any he can why on information shall not be placed against him for permitting unlawful gaming at his house. The same being a house of public ????. We also present James Payne keeper of a house of entertainment for allowing unlawful gaming in his house, by playing of cards on the 25th or 26th of September last ??? on the (may be description of where his house was). said for by the Grandjury ???.
Sept 23, 1811 The Commonwealth plt
John S. Hale deft                           Upon plt ?????
Robert Hayslip deft                        Same plt
To show John Stevens deft             Cause Same plt
William Hale deft                            Same plt
Arthur Bledsoe deft                         Same plt
James Payne deft
The proceeds awarded against the defendants at last Court being determined "not executed" On the motion of the Attorney for the Commonwealth it is ordered that new proceedings be awarded against them returnable here in the first day of the next Term.
Sept 23 1811 The Commonwealth plt
Upon a present intent of the Grandjury James Payne deft for permitting unlawful gaming in his house A motion was made for a new trial for the said case for the following reasons towit. Because the verdict was contrary to evidence 2nd Because ?????? was given by the Court to the jury: Which motion is continued until the next term.
Commonwealth plt Upon a Rule to James Payne deft Show Cause
The ??? awarded against the defendant at the ?? Court being returned "not executable" On the motion of the Grandjury for the Commonwealth it is ordered that ??? be awarded against him returnable here on the first day of the next Court.
The Commonwealth plt Upon a motion for a new trial James Payne deft
The defendant by his attorney moved the last Court to set aside the verdict and judgement obtained against him in cause at the last Court and to grant him a new trial there on and contained bill this which motion for reasons appearing to court is over ruled.
Sept 24, 1811 The Commonwealth Plt
Upon a present ??? of the James Payne deft Grandjury mad against him at the Court for permitting unlawful gaming in his house The defendant by Edward Campbell his attorney saeth that he is not guilty in manner and form as in the said Prosecution against him is alleged and of this he putteth himself upon the County and the attorney for the Commonwealth ??? and thereupon came a jury towith: Joseph Ely, Samual Mark, Hiram Craig, Willaim Sturart, Robert Gibson, Matthew Gibson, William Ewing, Jeremiah Neill, William Graham, John Anglin, Isom Hubbard and Charles Huff who being elected ??? the truth to speak upon the ?? give their Oath as say We of the jury find the defendant guilty. Therefore convicted by the Court that said James Payne for the offense aforesaid Commonwealth incur against the aforesaid One Hundred dollars by the jury aforesaid in ??? aforesaid ??? and the cost of this prosecution. And it is further ordered that the Sheriff of this County retain the said James Payne in custody until he shall enter trust recognizance in the personally of him as a dollary with two securities in the sum of One hundred and fifty dollars each for his good behavior for and during the time of one year from this time. Whereupon the said James Payne together with Charles Noe & James Brittan his securities here in Court severally acknowledge themselves to be indebted to his excellency George William Seath ?? Esquire disstinant Governor of the Commonwealth of Virginia was exercising the functions of Governor his successors in the office of Governor the said James Payne in the sum of five hundred dollars and the said Charles Noe and James Brittain in the sum of two hundred fifty dollars each of their respective lands ????, goods chattel to be ??? and to own said Governor and by successors for the all of the Commonwealth ordered yet upon the condition that of the said James Payne shall keep the peace and be of good behavior towards all the citizens of the Commonwealth and same especially shall not be guilty of the crime of ??? unlawfully gaming in his house for the time of one year as aforesaid t??? obligation to be said also to ???? in full force and ??. Upon the ??? of the cause: a bill of acceptance was filed in the follow words to witt: On the trial of this cause the Court sent to the jury, that it ?? not only to proved by defendant that he ??? to prevent the playing if it was known to him and if unable that he ???one month thereafter gave information there of to two justices of the peace or to the Court of Lee County to which apperson of the Court the defendant by his counsel excepted and to save the ??? this bill is sealed Peter Johnson, seal

And that was the last word of James Payne traveler on the Clinch River from beginning to end.

Return to top of page

Visitor Number   in  1999.