Thomas Bryan Martin (April 11, 1731 – September 23, 1798) was an English-born American land agent, legislator and planter in the
colony
A colony is a territory subject to a form of foreign rule, which rules the territory and its indigenous peoples separated from the foreign rulers, the colonizer, and their ''metropole'' (or "mother country"). This separated rule was often orga ...
(and later
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...
) of Virginia and in present-day West Virginia. Martin was the land agent of the
Northern Neck Proprietary
The Northern Neck Proprietary – also called the Northern Neck land grant, Fairfax Proprietary, or Fairfax Grant – was a land grant first contrived by the exiled English King Charles II in 1649 and encompassing all the lands bounded by the Pot ...
for his uncle
Thomas Fairfax, 6th Lord Fairfax of Cameron
Thomas Fairfax, 6th Lord Fairfax of Cameron (22 October 16939 December 1781) was a British-born planter. The only member of the British peerage to permanently reside in British America, Fairfax owned the Northern Neck Proprietary in the Colony ...
(1693–1781) and served two terms in the
House of Burgesses
The House of Burgesses () was the lower house of the Virginia General Assembly from 1619 to 1776. It existed during the colonial history of the United States in the Colony of Virginia in what was then British America. From 1642 to 1776, the Hou ...
.
Martin was born in
Kent
Kent is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Essex across the Thames Estuary to the north, the Strait of Dover to the south-east, East Sussex to the south-west, Surrey to the west, and Gr ...
in 1731, and was the grandson of
Thomas Fairfax, 5th Lord Fairfax of Cameron
Major-General Thomas Fairfax, 5th Lord Fairfax of Cameron (16 April 1657 – 6 January 1710) was an English Army officer and politician.
Early life
Fairfax was born on April 16, 1657, the great-grandson of Thomas Fairfax, 1st Lord Fairfax of ...
(1657–1710) through his mother, Frances Fairfax Martin. Raised in humble surroundings in England, Martin relocated to Virginia in 1751 to assist his uncle, Thomas Fairfax, 6th Lord Fairfax of Cameron (known as Lord Fairfax), in administering the Northern Neck Proprietary, which encompassed up to . Martin resided with his uncle on their frontier Greenway Court estate in present-day Clarke County, Virginia. He earned the affections of Lord Fairfax on account of his energetic nature and loyalty, and through Martin's growing influence Lord Fairfax relocated the proprietary's base of operations to Greenway Court in 1762 and made Martin steward and land agent of the proprietary.
Martin took an active role in political and civil affairs within the proprietary's domain. He served as a
vestryman
A vestryman is a member of his local church's vestry, or leading body.Anstice, Henry (1914). ''What Every Warden and Vestryman Should Know.'' Church literature press He is not a member of the clergy.Potter, Henry Codman (1890). ''The Offices of W ...
for the
Anglican
Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
Frederick Parish, and upon the creation of Hampshire County in 1754, he presided as the county's first justice and was further appointed the County Lieutenant. He later represented Hampshire County in the House of Burgesses from 1756 to 1758 and serving with
George Washington
George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
, represented Frederick County from 1758 until 1761. Martin was appointed a trustee of the frontier towns of
Winchester
Winchester (, ) is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs N ...
Bath
Bath may refer to:
* Bathing, immersion in a fluid
** Bathtub, a large open container for water, in which a person may wash their body
** Public bathing, a public place where people bathe
* Thermae, ancient Roman public bathing facilities
Plac ...
(present-day Berkeley Springs). He was also appointed as the colonel of the Frederick County militia. Though not in the best of health, Martin was relied upon by the settlers of the proprietary to use his considerable resources in response to Native American attacks. Following the outbreak of the
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
, Martin refused reappointment by Governor
Patrick Henry
Patrick Henry (May 29, 1736 ld Style and New Style dates, O.S. May 18, 1736une 6, 1799) was an American politician, planter and orator who declared to the Virginia Conventions, Second Virginia Convention (1775): "Give me liberty or give m ...
as a justice of the Frederick County Commission of Peace. Afterward, Martin retreated from civil service entirely, and retired to Greenway Court.
He maintained a low profile during the war, and his uncle Lord Fairfax was treated with respect and consideration despite being the only resident peer in the American colonies. Following the death of Lord Fairfax in 1781, Martin's brother Reverend Denny Martin Fairfax inherited the Northern Neck Proprietary, and Martin was given the Greenway Court estate. He took his uncle's housekeeper Mrs. Crawford as his mistress and died unmarried in 1798. Martin bequeathed his Greenway Court estate and an adjoining to his housekeeper Betsy Powers. Martin's brother Denny Fairfax was unable to properly maintain the proprietary and conveyed the remaining lands in 1797, thus terminating the Fairfax and Martin families' interests in the proprietary before it was formally dissolved in 1806. The city of
Martinsburg, West Virginia
Martinsburg is a city in Berkeley County, West Virginia, United States, and its county seat. The population was 18,773 at the 2020 United States census, 2020 census, making Martinsburg the largest city in the Eastern Panhandle of West Virginia a ...
, was named for Martin by his friend
Adam Stephen
Adam Stephen ( – 16 July 1791) was a Scottish-born American doctor and military officer who helped found what became Martinsburg, West Virginia. He emigrated to North America, where he served in the Province of Virginia's militia under Geor ...
.
Early life and family
Thomas Bryan Martin was born in
Kent
Kent is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Essex across the Thames Estuary to the north, the Strait of Dover to the south-east, East Sussex to the south-west, Surrey to the west, and Gr ...
, England, in 1731 and was the son of Denny Martin (1695–1762) of Salts Manor and his wife Frances Fairfax Martin (1703–1791). His father and mother married in
Loose, Kent
Loose is a village and civil parish some south of Maidstone, Kent, situated at the head of the Loose Valley, with which it forms the Loose Valley Conservation Area. The fast-flowing River Loose which rises near Langley runs through the cent ...
. Martin's mother was the daughter of
Thomas Fairfax, 5th Lord Fairfax of Cameron
Major-General Thomas Fairfax, 5th Lord Fairfax of Cameron (16 April 1657 – 6 January 1710) was an English Army officer and politician.
Early life
Fairfax was born on April 16, 1657, the great-grandson of Thomas Fairfax, 1st Lord Fairfax of ...
(1657–1710) and his wife Catherine Colepeper Fairfax, and thus a sister of
Thomas Fairfax, 6th Lord Fairfax of Cameron
Thomas Fairfax, 6th Lord Fairfax of Cameron (22 October 16939 December 1781) was a British-born planter. The only member of the British peerage to permanently reside in British America, Fairfax owned the Northern Neck Proprietary in the Colony ...
(1693–1781) and
Robert Fairfax, 7th Lord Fairfax of Cameron
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, reno ...
(1707–1793). His grandmother Catherine Colepeper Fairfax was the daughter of
Thomas Colepeper, 2nd Baron Colepeper
Thomas Colepeper, 2nd Baron Colepeper (21 March 1635– 27 January 1689) was an English colonial administrator who served as the governor of the Isle of Wight from 1661 to 1667 and as the governor of Virginia from 1677 to 1683.
Life
Born ...
and his wife Margaretta van Hesse, who was from a Dutch noble family. Martin was named in honor of his uncle Thomas. He was baptized into the
Anglican
Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
faith as "Thomas Brian" in Loose on April 11, 1731. Martin and his siblings were raised amid humble surroundings in England. He had seven siblings, including four brothers and three sisters:
* Edward Martin (1723–1775)
* John Martin (1724–1746)
* Reverend Denny Martin (later Fairfax, 1725–1800)
* Frances Martin (1727–1813)
* Sibylla Martin (1729–1816)
* Philip Martin (1733–1821)
* Anna Susanna Martin (1736–1817)
Northern Neck Proprietary administration
Martin's uncle Thomas Fairfax, 6th Lord Fairfax of Cameron (known as Lord Fairfax) owned the
Northern Neck Proprietary
The Northern Neck Proprietary – also called the Northern Neck land grant, Fairfax Proprietary, or Fairfax Grant – was a land grant first contrived by the exiled English King Charles II in 1649 and encompassing all the lands bounded by the Pot ...
land grant
A land grant is a gift of real estate—land or its use privileges—made by a government or other authority as an incentive, means of enabling works, or as a reward for services to an individual, especially in return for military service. Grants ...
, which he had inherited from Martin's great-grandfather Thomas Colepeper, 2nd Baron Colepeper in 1719. The proprietary constituted up to of Virginia's
Northern Neck
The Northern Neck is the northernmost of three peninsulas (traditionally called "necks" in Virginia) on the western shore of the Chesapeake Bay in the Commonwealth of Virginia (along with the Middle Peninsula and the Virginia Peninsula). The P ...
and a vast area spanning west to the
North Branch Potomac River
The North Branch Potomac River flows from Fairfax Stone in West Virginia to its confluence with the South Branch Potomac River near Green Spring, West Virginia, where it turns into the Potomac River proper.
Course
From the Fairfax Stone, th ...
headwaters. The Northern Neck Proprietary had been awarded by the exiled
Charles II of England
Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651 and King of England, Scotland, and King of Ireland, Ireland from the 1660 Restoration of the monarchy until his death in 1685.
Charles II was the eldest su ...
to seven of his supporters in 1649, and again in 1688 by official patent. One of these seven supporters, Lord Colepeper, acquired the right to the entire proprietary in 1681, and his grandson, Lord Fairfax, inherited the land grant upon the death of his mother, Katherine Colepeper. Lord Fairfax dispatched his first cousin
William Fairfax
William Fairfax (1691–1757) was a political appointee of the British Crown in several colonies as well as a planter and politician in the Colony of Virginia. Fairfax served as Collector of Customs in Barbados, Chief Justice and governor of the ...
(1691–1757) to replace
Robert Carter I
Robert Carter I ( – 4 August 1732) was an American planter, merchant, and colonial administrator who served as the acting governor of Virginia from 1726 to 1727. An agent for the Northern Neck Proprietary, Carter emerged as the wealthiest sett ...
as the steward and land agent for the Northern Neck Proprietary, a position in which Fairfax served until his death in 1757. In 1750, Martin's uncle Lord Fairfax established himself at his hunting plantation Greenway Court estate near present-day White Post in Clarke County with the intention of administering the proprietary himself. Lord Fairfax had previously reserved this land as his private residence in 1747, then known as "the Quarter". With his cousin William Fairfax acting as land agent, Lord Fairfax sought additional assistance in managing the proprietary and scrutinized which of his family members from England would be up to the task. Lord Fairfax first considered his brother Robert, then his brother-in-law Denny Martin, and in 1751, he finally decided upon enlisting the assistance of his twenty-year-old nephew and Denny Martin's son, Thomas Bryan Martin.
Lord Fairfax sent for Martin, who arrived in Virginia from England aboard the ''Hatley'' on May 24, 1751, accompanied by William Fairfax, who had been seeking an appointment to a position in England. Martin and Fairfax arrived in
Williamsburg
Williamsburg may refer to:
Places
*Colonial Williamsburg, a living-history museum and private foundation in Virginia
*Williamsburg, Brooklyn, neighborhood in New York City
*Williamsburg, former name of Kernville (former town), California
*Williams ...
, where they dined with Fairfax's fellow
Virginia Governor's Council
The Governor's Council, also known as the Privy Council and Council of State, was the upper house of the legislature of the Colony of Virginia (the House of Burgesses being the other house). It also served as an advisory body to the List of colon ...
Capitol
Capitol, capitols or The Capitol may refer to:
Places and buildings Legislative building
* United States Capitol, in Washington, D.C.
* National Capitol of Colombia, in Bogotá
* Palacio Federal Legislativo, in Caracas, Venezuela
* National Ca ...
before beginning their journey toward the Northern Neck on May 31. Following his arrival at the Northern Neck Proprietary, Martin settled at Greenway Court with his uncle that autumn. Due to his humble upbringing, Martin quickly adapted to frontier life at Greenway Court. He soon earned the affections of Lord Fairfax on account of his energetic nature, his loyalty, and his good eyesight, which greatly assisted his
myopic
Myopia, also known as near-sightedness and short-sightedness, is an eye condition where light from distant objects focuses in front of, instead of on, the retina. As a result, distant objects appear blurry, while close objects appear normal. ...
uncle. On May 21, 1752, shortly after Martin had come of age on his twenty-first birthday, Lord Fairfax granted Greenway Court to his nephew, along with of limestone lands on the west bank of the
Shenandoah River
The Shenandoah River is the principal tributary of the Potomac River, long with two River fork, forks approximately long each,U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map accessed August ...
across from Leeds Manor, which were "to be known and called by the name of the Manor of Greenway Court" and subject to an annual
quit-rent
Quit rent, quit-rent, or quitrent is a tax or land tax imposed on occupants of freehold or leased land in lieu of services to a higher landowning authority, usually a government or its assigns.
Under English feudal law, the payment of quit ren ...
fee of "a good buck and doe" due on the feast day of
Saint Michael the Archangel
Michael, also called Saint Michael the Archangel, Archangel Michael and Saint Michael the Taxiarch is an archangel and the warrior of God in Christianity, Judaism, and Islam. The earliest surviving mentions of his name are in third- and second- ...
. Greenway Court had taken its name from the Culpeper family's manor in Kent.
Desiring a larger role for himself in the proprietary's administration, Martin sought to influence his uncle into reorganizing the management of the proprietary. At Martin's suggestion, Lord Fairfax relocated the proprietary's base of operations northwest from Belvoir to an expressly built land office depository and archive at Greenway Court in 1762. Prior to this move, a small land office had been in operation at Greenway Court. Following William Fairfax's death in 1757, his son
George William Fairfax
George William Fairfax (January 2, 1724April 3, 1787) was a planter in colonial Virginia who represented then-vast Frederick County and later Fairfax County in the House of Burgesses before the American Revolutionary War, by which time he had ...
(1729–1787) had succeeded him as steward and land agent of the proprietary. Martin succeeded Fairfax as the steward and land agent of the proprietary in 1762. Fairfax's replacement by Martin, the transfer of the land office and Martin's increased influence over Lord Fairfax caused bitter feelings from George William Fairfax, as evidenced by his letters during this period. Fairfax and his wife Sally Cary Fairfax returned to England in 1773 prior to the
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
and did not return afterward.
While residing at Greenway Court, Martin would have preferred more comfortable quarters than the rustic estate, as their living situation there was originally supposed to have been only temporary until the construction of a grander estate. In 1767, Martin wrote that plans for further construction and improvements at Greenway Court "remain in status quo and in quo state they are likely to remain, ...we are building castles, tho' not on earth where one is greatly wanted, but castles in the air." Martin's uncle Robert Fairfax remarked on the primitive life at Greenway Court among "strange, brutish people... past all conception". For the next thirty years, until Lord Fairfax's death in 1781, Martin remained at Greenway Court and shared in the loneliness and solitude of his "self-exiled" uncle. While established at Greenway Court, Martin engaged in agricultural pursuits. In 1768, Martin described tobacco as the crop "which is our all". Like many other planters and farmers in the Shenandoah Valley, Martin had transitioned to the farming of wheat by 1792, at which time he wrote to his brother in England, "Are you all starving that you give such prices for our flour; farming is now my object."
Political and civic affairs
In addition to his management of the proprietary, Martin began taking an active role in political and civil affairs within his uncle's domain. Following an act of the Virginia General Assembly in February 1752, the Anglican Frederick Parish was authorized to hold an election for twelve parish
vestrymen
A councillor, alternatively councilman, councilwoman, councilperson, or council member, is someone who sits on, votes in, or is a member of, a council. This is typically an elected representative of an electoral district in a municipal or regio ...
before June 15 of that year. Martin was elected as a vestryman, alongside his uncle Lord Fairfax and Gabriel Jones. Martin and his fellow vestrymen set about expanding and enlarging the Anglican presence within the parish.
In 1754, upon the creation of Hampshire County, Martin presided as the inaugural justice of the county's court. Under the act establishing the county, the first county court was to have been held in June 1754; however, the first court was not held until December 1757. The first court to be held was, in addition to Martin, composed of justices James Simpson, William Miller, Solomon Hedges, and Nathaniel Kuykendall with Gabriel Jones serving as the Clerk of Court. In 1755, Martin was further appointed as the County Lieutenant of Hampshire County. Martin was then elected alongside Thomas Walker to the
House of Burgesses
The House of Burgesses () was the lower house of the Virginia General Assembly from 1619 to 1776. It existed during the colonial history of the United States in the Colony of Virginia in what was then British America. From 1642 to 1776, the Hou ...
representing Hampshire County from 1768 to 1758. In 1758, Martin and
George Washington
George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
challenged the incumbents and ran for election to represent Frederick County in the House of Burgesses against Hugh West and Thomas Swearingen. Martin and Washington received considerable support from Lord Fairfax, and the leading Anglican cleric in Frederick County, William Meldrum. Washington received the most votes with 310, followed by Martin with 240 votes, 199 votes for West, and 45 votes for Swearingen. Martin and Washington served alongside one another representing Frederick County until 1761. Martin chose not to run for reelection and retired from legislative politics in 1761.
In September 1758, the Virginia General Assembly appointed Martin as one of the trustees of
Winchester
Winchester (, ) is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs N ...
. Martin was further appointed as a trustee of the town of Stephensburg (present-day Stephens City). His uncle Lord Fairfax, John Hite, Gabriel Jones, Robert Rutherford, Lewis Stephens, and James Wood were also appointed trustees of the towns alongside Martin. When the town of
Bath
Bath may refer to:
* Bathing, immersion in a fluid
** Bathtub, a large open container for water, in which a person may wash their body
** Public bathing, a public place where people bathe
* Thermae, ancient Roman public bathing facilities
Plac ...
(present-day Berkeley Springs) received its charter from the Virginia General Assembly in October 1776, Martin was appointed as a trustee alongside
Bryan Fairfax
Lancelot Beresford Bryan Fairfax (8 February 192511 January 2014) was an Australian conductor based in the United Kingdom, who was known for his championing of little known or neglected works.Samuel Washington, Warner Washington, Alexander White, and others.
Martin was also appointed as the colonel of the Frederick County militia. While Martin was not in the best of health, he could be relied upon by the settlers of the proprietary to use his considerable resources to act promptly during an emergency, especially in response to attacks by Native Americans.
By the outbreak of the American Revolution, Martin was serving as an appointed justice on the Commission of Peace for Frederick County. Martin was reappointed as a justice of the peace by Governor
Patrick Henry
Patrick Henry (May 29, 1736 ld Style and New Style dates, O.S. May 18, 1736une 6, 1799) was an American politician, planter and orator who declared to the Virginia Conventions, Second Virginia Convention (1775): "Give me liberty or give m ...
, along with William Booth and Warner Washington, but all three men declined to serve another term. Martin did not swear into the committee because he refused to serve under the new revolutionary regime, initially believing that American independence from Great Britain was a futile effort. The committee had also been actively arresting
Loyalists
Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cr ...
, which may have influenced Martin's decision to turn down his reappointment. Martin retreated from performing civil service entirely, and afterward retired to Greenway Court. Prior to his death, Martin became an active
Freemason
Freemasonry (sometimes spelled Free-Masonry) consists of fraternal groups that trace their origins to the medieval guilds of stonemasons. Freemasonry is the oldest secular fraternity in the world and among the oldest still-existing organizati ...
.
American Revolution and Lord Fairfax's death
As a Loyalist, Martin maintained a low profile following the outbreak of the American Revolutionary War. By 1778, the Virginia General Assembly had abolished quit-rents, but in recognition of Lord Fairfax's loyalty, the Northern Neck Proprietary was made an exception. Lord Fairfax was treated with respect and consideration by the assembly, and despite being the only resident peer in the American colonies, he was accorded all the privileges of a Virginia citizen. Following the death of Lord Fairfax in 1781, his will was recorded on March 5, 1782, and conveyed his title to the remnants of his American properties, including the Northern Neck Proprietary, to Martin's elder brother Reverend Denny Martin, who then assumed the surname and coat of arms of Fairfax. Lord Fairfax devised his property and title to Denny Martin on the condition that he apply to the
Parliament of Great Britain
The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union 1707, Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a ...
for an act to authorize him to inherit the title of
Lord Fairfax of Cameron
Lord Fairfax of Cameron is a title in the Peerage of Scotland. Despite holding a Scottish peerage, the Lords Fairfax of Cameron are members of an ancient Yorkshire family, of which the Fairfax baronets of The Holmes are members of another branc ...
. The late Lord Fairfax had appointed as joint executors of his will and estate, Martin, Gabriel Jones and Peter Hog. Martin also inherited the plantation Lord Fairfax had purchased from John Borden consisting of , the Greenway Court estate and "all the stock of cattle, sheep, hogs, implements of husbandry, household goods and furniture" there. Martin and his brothers Denny and Philip also inherited all Lord Fairfax's slaves. However, Martin's uncle and Lord Fairfax's brother Robert Fairfax appealed his claim to the title of Lord Fairfax of Cameron to Parliament, and succeeded as the 7th Lord Fairfax of Cameron.
Because he did not wish to leave England, Denny Fairfax appointed Martin and Jones as managers of the proprietary. As required in Virginia, they placed newspaper advertisements telling proprietary tenants to bring their claims against the Lord Fairfax estate forward and prove them. Meanwhile, one of the surveyors Martin used, Thomas Marshall, who also lived on Oak Hill plantation in the Leeds Manor tract, moved to Kentucky in 1785, but his son,
John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American statesman, jurist, and Founding Fathers of the United States, Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remai ...
had become a successful attorney in Richmond, as well as kept up his father's Oak Hill plantation in Fauquier County. Martin hired Marshall to secure approval of the 6th Fairfax's claim to the proprietary, which he did in Fairfax v. Hite (1786). Also descendants of William Fairfax continued to assert back claims against the estates of Lord Fairfax, which had been rendered by William Fairfax prior to 1757. In order to absolve himself of these back claims, Denny Fairfax renounced his appointments of Martin and Jones, and instead appointed Bryan Fairfax, 8th Lord Fairfax of Cameron as the sole steward of the proprietary in an official transposition in London on September 21, 1784.
Because Denny Fairfax was a British subject residing in England, Virginians argued he and other British relatives were "alien enemies", and thus
escheat
Escheat () is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied t ...
laws could confiscate his Virginia property. In 1785, the Virginia General Assembly ordered that all records, books, and documents pertaining to the proprietary's lands be confiscated by the state of Virginia and removed to the Virginia State Land Registrar's Office in
Richmond
Richmond most often refers to:
* Richmond, British Columbia, a city in Canada
* Richmond, California, a city in the United States
* Richmond, London, a town in the London Borough of Richmond upon Thames, England
* Richmond, North Yorkshire, a town ...
. Virginia seized the remaining proprietary lands that had not yet been granted, although citizens who had already acquired grants from the proprietary could keep their land. In 1786, governor
Patrick Henry
Patrick Henry (May 29, 1736 ld Style and New Style dates, O.S. May 18, 1736une 6, 1799) was an American politician, planter and orator who declared to the Virginia Conventions, Second Virginia Convention (1775): "Give me liberty or give m ...
began selling some of the confiscated undeveloped lands, which soon led to rounds of litigation which reached the Virginia Court of Appeals, then the U.S. Supreme Court after Martin's death, as Fairfax's Devisee v. Hunter's Lessee (1813) and
Martin v. Hunter's Lessee
''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civi ...
(1816).Marshall Papers Vol. II, p. 141 Despite considerable litigation in Virginia, land values in the Northern Neck Proprietary continued to increase, and Thomas Marshall was only one of many who kept moving westward to the new frontier, as Martin noted in a 1790 letter: "The emigration of inhabitants is... astonishing..
Personal life, death and legacy
Following the death of Lord Fairfax in 1781, Martin took his uncle's housekeeper Mrs. Crawford as his mistress, and fathered a daughter by her. Mrs. Crawford remained Martin's mistress for several years until her death. Their daughter married British captain Francis Geldart; however, she died without issue soon after their marriage, and Martin gave Geldart of Greenway Court and a number of slaves. Following the death of his daughter, Martin employed housekeeper Betsy Powers at Greenway Court. Martin died unmarried in 1798, and his will dated July 24, 1794, was proved on October 1, 1798. In it, he bequeathed his Greenway Court estate and an adjoining to his housekeeper Betsy Powers. Powers also inherited "all houses thereon, household goods (except plate and watch), one half of stock of horses, cattle, sheep and hogs and choice of ten slaves". Martin's living sisters Frances, Sybilla, and Anna Susanna Martin received "all moneys, and remainder of personal property" not bequeathed to Powers. Each of the executors of Martin's will received ten guineas. Martin bequeathed the remainder of his property and the of Greenway Court, should Powers have predeceased him, to his will executors Gabriel Jones, Robert Mackey, and John Sherman Woodcock to divide into parcels and sell, the profits from which were to be given to Martin's sisters. Powers also received a chariot, harness, and in Stafford County near Falmouth. Following Martin's death, Powers married W. Carnagy.
As litigation in Virginia proceeded, Martin's brother Denny Fairfax did not want to move there to defeat the escheat actions. Instead, he negotiated with
James Markham Marshall
James Markham Marshall (March 12, 1764 – April 26, 1848) was an American lawyer, Revolutionary War soldier and planter who briefly served as United States circuit judge of the United States Circuit Court of the District of Columbia .
Early ...
, who visited England in the winter of 1793, and represented a Marshall family coalition that wanted to buy the Leeds Manor and South Branch tracts, but did not have financing. After John Marshall negotiated a deal and the Virginia General Assembly passed a law, the Marshall group secured temporary financing, so on August 30, 1797, Martin conveyed title to "all and every of those divers tracts, pieces and parcels of land, being part and parcel of the proprietary of the Northern Neck of Va., with all beneficial right and interest of whatsoever nature the same may be". The Marshall group then conveyed its interest in the undeveloped lands to the Commonwealth of Virginia. These conveyances would terminate the Fairfax and Martin families' interest in the proprietary. In 1799, the Virginia General Assembly authorized Marshall as the legal titleholder of Fairfax's remaining landholdings. However, the Marshall coalition did not complete their final payment until 1806, when the Northern Neck Proprietary was officially dissolved and Virginia again became legal owner of the undeveloped lands.
Proprietor
Adam Stephen
Adam Stephen ( – 16 July 1791) was a Scottish-born American doctor and military officer who helped found what became Martinsburg, West Virginia. He emigrated to North America, where he served in the Province of Virginia's militia under Geor ...
, a close personal friend of Martin, had the town of Martinsburg in Berkeley County formally established by the Virginia General Assembly in 1778. Stephen named the town in honor of his friend Martin.