Tomahawk Right. The
W. H. Beers History of Montgomery County,
Ohio, published in 1882, said:
"Before the [land] surveys, the title fully respected by the settlers of the
county is known as the 'tomahawk right.' It was made by deadening a few trees
near a spring, or at some other prominent point on the tract: and by blazing
trees at the corners, or along the lines. A 'settlement right' was even
stronger, as the pioneer was on hand to defend his property. Either of these
rights, however, were recognized as establishing a priority of claim, and were
often bought and sold, as it was better to buy the improvements, rather than
quarrel with parties who held them."
A Bedford County, Pa., genealogical site
offers this explanation: "Before the lawful land titles were issued in 1769,
the first step necessary for the early settler to obtain land, was to
establish what they called a 'Tomahawk Right.' This meant for the settler to
deaden a few trees near a spring and cut his name or initials in the bark of
the trees near the spring. This showed the settler's intention to hold and
occupy the land which was usually surrounded by blazed or deadened trees.
These 'Tomahawk Rights' gave the settler no legal title unless followed by
occupation or a warrant and a patent secured from the land office. But the
'Tomahawk Rights' were quite generally recognized by the early settlers, and
many of them were purchased cheaply by other settlers who did not want to
enter into a controversy with the claimants who made them."