USA > Kentucky > Madison County > Boonesborough > Boonesborough; its founding, pioneer struggles, Indian experiences, Transylvania days, and revolutionary annals; > Part 14
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Conscious, gentlemen, of your veracity, we can not express the satisfaction we experience, that the proprietors of this promising colony are so ready to concur with us in any measure which may tend to promote its happiness and contribute to its grandeur.
THOMAS SLAUGHTER, Chairman.
To which Colonel Henderson returned the following answer : Mr. Chairman and Gentlemen of the Convention -
From the just sense of the nature and importance of the trust reposed in you by your constituents, and your laudible and truly patriotic resolution of exerting your abilities in the service of your country, we derive the most sanguine hopes.
Arduous as the task is, every difficulty must give way to per- severance, whilst your zeal for the public good is tempered with that moderation and unanimity of opinion, so apparent in your conduct.
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We, gentlemen, look with infinite satisfaction on this happy presage of the future felicity of our infant country, and hope to merit a continuation of that confidence you are pleased to express in our veracity and good intentions.
While our transactions have credit for the integrity of our desires, we can not fail uniting with the delegates of the good people of this country, fully persuaded that the proprietors are zealously inclined to contribute every thing in their power which may tend to render it easy, prosperous, and flourishing.
RICHARD HENDERSON,
May 25th, 1775. For himself and the company.
On motion made, ordered, that Mr. Todd have leave to bring in a bill for the establishment of Courts of Judicature, and regu- lating the practice therein; ordered, that Mr. Todd, Mr. Dan- dridge, Mr. Calloway, and Mr. Henderson, do bring in a bill for that purpose.
On motion of Mr. Douglass, leave is given to bring in a bill for regulating a militia ; ordered, that Mr. Floyd, Mr. Harrod, Mr. Cocke, Mr. Douglass, and Mr. Hite, be a committee for that purpose.
On motion of Mr. Daniel Boone, leave is given to bring in a bill for preserving game, &c. ; ordered, that Mr. Boone, Mr. Davis, Mr. Harmon, Mr. Hammond, and Mr. Moore, be a com- mittee for that purpose.
The bill for establishing courts of judicature, and regulating the practice therein, brought in by the committee, and read by Mr. Todd- passed the first time -ordered to be referred for a second reading.
The bill for establishing and regulating a militia, brought in by the committee, read by Mr. Floyd -ordered to be read by the clerk - passed the first time -ordered to be referred for a second reading.
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The bill for preserving game, brought in by the committee, ordered to be read by the clerk -read, and passed the first time -ordered to be referred for a second reading.
Ordered, that the convention be adjourned until to-morrow, six o'clock.
26th May. Met according to adjournment.
Mr. Robert M'Afee appointed sergeant at arms.
Ordered, that the sergeant at arms bring John Guess before this convention, to answer for an insult offered Colonel Richard Calloway.
The bill for regulating a militia, read the second time, and ordered to be engrossed.
The bill for establishing courts of judicature, and regulating the practice therein, read a second time-ordered to be recom- mitted, and that Mr. Dandridge, Mr. Todd, Mr. Henderson, and Mr. Calloway, be a committee to take it into consideration.
On motion of Mr. Todd, leave is given to bring in an attach- ment bill -ordered, that Mr. Todd, Mr. Dandridge, and Mr. Douglass, be a committee for that purpose.
The bill for establishing writs of attachment, read by the clerk, and passed the first time-ordered to be referred for a second reading.
On motion of Mr. Dandridge, leave is given to bring in a bill to ascertain clerks' and sheriffs' fees.
The said bill was read, and passed the first time-ordered to be referred for the second reading.
On motion made by Mr. Todd, ordered, that Mr. Todd, Mr. Lythe, Mr. Douglass, and Mr. Hite, be a committee to draw up a compact between the proprietors and the people of this colony.
On motion of Mr. Lythe, leave is given to bring in a bill to prevent profane swearing and Sabbath breaking - The same
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read by the clerk, ordered, that it be recommitted, and that Mr. Lythe, Mr. Todd, and Mr. Harrod, be a committee to make amendments.
Mr. Guess was brought before the convention, and reprimanded by the chairman.
Ordered, that Mr. Todd and Mr. Harrod wait on the proprie- tors, to know what name for this colony would be agreeable. Mr. Todd and Mr. Harrod reported, that it was their pleasure that it should be called Transylvania.
The bill for ascertaining clerks' and sheriffs' fees, read a second time, passed-and ordered to be engrossed.
The attachment bill read a second time, and ordered to be engrossed.
A bill for preserving game, read the second time, and passed- ordered to be recommitted, and that Mr. Todd, Mr. Boone, and Mr. Harrod, be a committee to take it into consideration.
The militia bill read a third time, and passed.
On motion of Mr. Todd, leave is given to bring in a bill for the punishment of criminals -ordered, that Mr. Todd, Mr. Dan- dridge, and Mr. Lythe, be a committee for that purpose.
The bill for establishing courts of judicature, and regulating the practice therein, read a second time, and ordered to be engrossed.
On motion of Mr. Boone, leave is given to bring in a bill for improving the breed of horses. Ordered that Mr. Boone, Mr. Davis, and Mr. Hammond, bring in a bill for that purpose.
The bill for ascertaining clerks' and sheriffs' fees, read a third time, and passed.
The bill for establishing writs of attachment, read a third time and passed.
On motion, ordered that Mr. Todd have leave to absent him- self from this house.
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The bill for the punishment of criminals, brought in by the committee, read by the clerk, passed the first time, and ordered to be read a second time.
The bill for establishing courts of judicature, and regulating . the practice therein, read the third time with amendments, and passed.
The bill for improving the breed of horses, brought in by Capt. Boone, read the first time, passed, and ordered to be for consideration, etc.
Ordered, that the convention adjourn until to-morrow, six o'clock.
Met according to adjournment.
The bill to prevent profane swearing and Sabbath-breaking, read the second time, with amendments ; ordered to be engrossed.
The bill for the punishment of criminals, brought in and read ; passed the second time, and ordered to be engrossed.
The bill for the improvement of the breed of horses was read a second time, and ordered to be engrossed.
Ordered, that Mr. Harrod, Mr. Boone, and Mr. Cocke, wait on the proprietors, and beg they will not indulge any person what- ever in granting them lands on the present terms unless they comply with the former proposals of settling the country, etc.
On motion of Squire Boone, leave is given to bring in a bill to preserve the range ; ordered, that he have leave to bring in a bill for that purpose.
The following message was received from the proprietors, to wit :
To give every possible satisfaction to the good people, your constituents, we desire to exhibit our title deed from the aborig- ines and first owners of the soil in Transylvania, and hope you will cause an entry to be made of the exhibition in your journals,
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including the corners and abutments of the lands or country contained therein, so that the boundaries of our colony may be known and kept on record.
RICHARD HENDERSON.
Transylvania, 27th May, 1775.
Ordered, that Mr. Todd, Mr. Douglass, and Mr. Hite, inform the proprietors that their request will be complied with; in conseqence of which Colonel Henderson personally attended the convention with Mr. John Farrow, attorney in fact for the head warriors or chiefs of the Cherokee Indians, who, in presence of the convention, made livery and seisin of all the lands, in a deed or feofment then produced, bearing date the 7th day of March last, 1775. [We omit the boundaries which are here set forth on the record, having already given them to our readers in another place. ]
A bill for preserving the range, brought in by the committee and read, passed the first time ; ordered to be laid by for second consideration.
The bill to prevent profane swearing and Sabbath-breaking, read the third time, and passed.
Ordered, that Mr. Calloway and Mr. Cocke wait on the pro- prietors with the laws that have passed, for their perusal and approbation.
The committee, appointed to draw up the compact between the proprietors and the people, brought in and read it, as fol- lows, viz :
Whereas, it is highly necessary, for the peace of the proprie- tors and the security of the people of this colony, that the powers of the one and the liberties of the other be ascertained ; We, Richard Henderson, Nathaniel Hart, and J. Luttrel, on behalf of ourselves, as well as the other proprietors of the colony of
Appendix 209
Transylvania, of the one part and the representatives of the people of said colony, in convention assembled, of the other part -do most solemnly enter into the following contract or agreement, to wit :
I. That the election of delegates in this colony be annual.
2. That the convention may adjourn, and meet again on their own adjournment ; Provided, that in cases of great emergency, the proprietors may call together the delegates before the time adjourned to ; and, if a majority do not attend, they may dis- solve them and call a new one.
3. That, to prevent dissension and delay of business, one proprietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony.
4. That there be perfect religious freedom and general tol- eration ; Provided, that the propagators of any doctrine or tenets, evidently tending to the subversion of our laws, shall, for such conduct, be amenable to, and punished by, the civil courts.
5. That the judges of the superior or supreme courts be appointed by the proprietors, but be supported by the people, and to them be answerable for their malconduct.
6. That the quit-rents never exceed two shillings sterling per hundred acres.
7. That the proprietors appoint a sheriff, who shall be one of three persons recommended by the court.
8. That the judges of the superior courts have, without fee or reward, the appointment of the clerks of this colony.
9. That the judges of the inferior courts be recommended by the people, and approved by the proprietors, and by them commissioned.
10. That all other civil and military officers be within the appointment of the proprietors.
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II. That the office of surveyor-general belong to no person interested or a partner in this purchase.
12. That the legislative authority, after the strength and maturity of the colony will permit, consist of three branches, to wit : the delegates or representatives chosen by the people ; a council, not exceeding twelve men, possessed of landed estate, who reside in the colony, and the proprietors.
13. That nothing with respect to the number of delegates from any town or settlement shall hereafter be drawn into precedent, but that the number of representatives shall be ascertained by law, when the state of the colony will admit of amendment.
14. That the land office be always open.
15. That commissions, without profit, be granted without fee.
16. That the fees and salaries of all officers appointed by the proprietors, be settled and regulated by the laws of the country.
17. That the convention have the sole power of raising and appropriating all public moneys, and electing their treasurer.
18. That, for a short time, till the state of the colony will permit to fix some place of holding the convention which shall be permanent, the place of meeting shall be agreed upon between the proprietors and the convention.
To the faithful and religious and perpetual observance of all and every of the above articles, the said proprietors, on behalf of themselves as well as those absent, and the chairman of the convention on behalf of them and their constituents, have here- unto interchangeably set their hands and affixed their seals, the twenty-seventh day of May, one thousand seven hundred and seventy-five.
RICHARD HENDERSON. [Seal.]
NATHANIEL HART. [Seal.]
J. LUTTRELL. [Seal.] T. SLAUGHTER, Chair'n. [Seal.]
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A bill for improving the breed of horses, read the third time and passed.
The bill for the punishment of criminals, read the third time and passed.
The bill to preserve the range, read the second time, and ordered to be engrossed.
Ordered, that Mr. Lythe wait on Colonel Henderson and the rest of the proprietors, with the bill for establishing courts of justice and regulating the practice therein.
The bill to preserve the range, read the third time and passed.
Ordered, that Colonel Calloway wait on the proprietors with the bill for preserving the range.
Ordered, that a fair copy of the several bills, passed into laws, be transmitted to every settlement in this colony that is repre- sented.
Ordered, that the delegates of Boonesboro be a committee to see that all the bills that are passed be transcribed, in a fair hand, into a book for that purpose.
Ordered, that the proprietors be waited on by the chairman, acquainting them that all the bills are ready for signing.
The following bills this day passed and signed by the pro- prietors, on behalf of themselves and their partners, and the chairman of the convention, on behalf of himself and the other delegates :
I. An act for establishing courts of jurisdiction and regulat- ing the practice therein.
2. An act for regulating a militia.
3. An act for the punishment of criminals.
4. An act to prevent profane swearing, and Sabbath breaking.
5. An act for writs of attachment.
6. An act for ascertaining clerks' and sheriffs' fees.
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7. An act to preserve the range.
8. An act for improving the breed of horses.
9. An act for preserving game.
All of the above mentioned acts were signed by the chair- man and proprietors, except the act for ascertaining clerks' and sheriffs' fees, which was omitted by the clerks not giving it in with the rest.
Ordered, that at the next meeting of delegates, if any mem- ber be absent and doth not attend, that the people choose one to serve in the room of such absent member.
Ordered, that the convention be adjourned until the first Thursday in September next, then to meet at Boonesboro.
MATTHEW JEWITT, Clerk.
O
MEETING OF THE TRANSYLVANIA PROPRIETORS IN NORTH CAROLINA, SEPTEMBER 25, 1775.
MINUTES OF PROCEEDINGS, APPOINTMENTS, REGULATIONS, DONA- TIONS OF LAND, ELECTION OF DELEGATE TO CONTINENTAL CONGRESS, MEMORIAL TO THE CONGRESS, AND PETITION FOR ADMISSION AS FOUR- TEENTH COLONY.
(American Archives, Volume IV.)
At a meeting of the Proprietors of Transylvania held at Ox- ford, in the County of Granville, on Monday the 25th day of September, Anno Domoni, 1775.
Pres : Colonel Richard Henderson, Col. Thos. Hart, Col. John Williams, Capt. John Luttrell, William Johnston, James Hogg and Leonard H. Bullock.
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Col. Henderson being unanimously chosen president, they took into their consideration the present state of the said Colony and made the following resolve, viz :
Resolved, that Col. John Williams be appointed Agent for the Transylvania Company to transact their business in the said Colony, and he is accordingly invested with full power by letter of Attorney.
Ordered, That Mr. Williams shall proceed to Boonesborough in the said Colony as soon as possible, and continue there until the twelfth day of April next; and to be allowed for his services, one hundred and fifty pounds, Proclamation money of North Carolina, out of the profits arising from the sale of lands, after discharging the Company's present engagements.
N. B .- In case the Settlement should be broken up by attack of Indians, or other enemies so as to render it impossible for Mr. Williams to continue there and execute the trust reposed in him, it is agreed by the Company, that he shall still be paid the above salary at the expiration of three years.
Resolved : That Mr. Williams be empowered to appoint one or more Surveyors, and the other officers of the Land Office, for the said Colony, as he may find it necessary.
Clerks, Surveyors and Chain-Carriers, to be sworn before they act.
Resolved, In case of the death or removal of Mr. Williams, that Col. Richard Henderson, Capt. Nathaniel Hart, and Capt. John Luttrell, or any one of them, be and are hereby, declared Agents for the said Company with the same powers as are given to Mr. Williams until a new appointment shall be made by the Proprietors.
Resolved, That the Agent shall not grant any Lands adjoin- ing Salt springs, gold, silver, copper, lead, or sulphur mines, knowing them to be such.
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Resolved, That a reservation to the Proprietors, of one-half of all gold, silver, copper, lead, and sulphur mines, shall be made by the Agent, at granting deeds.
Resolved, That the Agent shall take a counterpart of all deeds granted by him, and shall transmit them to the proprietors, residing in the Province of North Carolina, to be audited, with his other proceedings, by the Company.
Resolved, that all surveys shall be made by the four Car- dinal points, except where rivers or mountains so intervene as to render it too inconvenient ; and that in all cases where one sur- vey comes within the distance of eighty poles from another, their lines shall join without exception; and that every survey on navigable rivers shall extend two poles out for one pole along the river ; and that each survey not on navigable rivers shall not be above one-third longer than its width.
Resolved, That a present of two thousand acres of land be made to Col. Daniel Boone, with the thanks of the Proprietors, for the signal services he has rendered to the Company.
Resolved, That the thanks of this Company be presented to Col. Richard Calloway, for his spirited and manly behavior in behalf of the said Colony ; and that a present of six hundred and forty acres of land be made to his younger son.
Resolved, that James Hogg, Esq., be appointed Delegate to represent the said Colony in the Continental Congress, now sit- ting at Philadelphia ; and that the following Memorial be pre- sented to that august body.
To the Honorable the Continental Congress Now Sitting at Phil- adelphia.
The Memorial for Richard Henderson, Thomas Hart, John Williams, Nathaniel Hart, John Luttrell, William Johnson, James
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Hogg, David Hart and Leonard Henly Bullock, Proprietors of Transylvania, sheweth :
That on the seventeenth day of March last, for a large and valuable consideration, Your Memorialists obtained from the Cherokee Indians, assembled at Watauga, a grant of a consid- erable territory, now called Transylvania, lying on the South side of the river Ohio.
They will not trouble the Honorable Congress with a detail of the risks and dangers to which they have been exposed, aris- ing from the nature of the enterprise itself, as well as from the wicked attempts of certain Governments and their emissaries ; they beg leave, only, to acquaint them that, through difficulties and dangers, at a great expense, and with the blood of several of their followers, they have laid the foundation of a Colony, which, however mean in its origin, will, if one may guess from present appearances, be one day considerable in America.
The Memorialists, having made this purchase from the Abo- rigines and immemorial possessors, the sole and uncontested own- ers of the country in fair and open treaty, and without the viola- tion of any British or American law whatever, are determined to give it up only with their lives. And though their country be far removed from the reach of ministerial usurpation, yet they cannot look with indifference on the late arbitrary proceedings of the British Parliament. If the United Colonies are reduced, or will tamely submit to be slaves, Transylvania will have reason to fear.
The Memorialists by no means forget their allegiance to their Sovereign, whose constitutional rights and pre-eminences they will support at the risk of their lives. They flatter themselves that the addition of a new Colony in so fair and equitable way, and with- out any expense to the Crown, will be acceptable to His Most
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Gracious Majesty, and that Transylvania will soon be worthy of his Royal regard and protection.
At the same time, having their hearts warmed with the same noble spirit that animates the United Colonies, and moved with indignation at the late Ministerial and Parliamentary usurpation, it is the earnest wish of the Proprietors of Transylvania to be considered by the Parliaments as brethren, engaged in the same great cause of liberty and of mankind. And, as by reason of several circumstances, needless to be here mentioned, it was impossible for the Proprietors to call a convention of the settlers in such time as to have their concurrence laid before this Con- gress, they here pledge themselves for them, that they will con- cur in the measure now adopted by the Proprietors.
From the generous plan of liberty adopted by the Congress, and that noble love of mankind which appears in all their pro- ceedings, the Memorialists please themselves that the United Colonies will take the infant Colony of Transylvania into their protection ; and they, in return, will do everything in their power, and give such assistance in the general cause of America as the Congress shall judge to be suitable to their abilities.
Therefore, the Memorialists hope and earnestly request, that Transylvania may be added to the number of the United Colonies, and that James Hogg, Esq., be received as their delegate, and admitted to a seat in the honorable the Continental Congress.
By order of the Proprietors.
RICHARD HENDERSON, President.
Resolved, That Mr. Hogg be empowered to treat and con- tract with any person or persons who may incline to purchase Lands from the Company, and that he be allowed his expenses for transacting the above business.
Appendix 217
Resolved, That the united thanks of this Company be pre- sented to Col. Richard Henderson, Capt. Nathaniel Hart, and Capt. John Luttrell for their eminent services and public spir- ited conduct in settling the aforesaid Colony.
Resolved, That from this time to the first day of June, one thousand seven hundred and seventy-six, the lands in the said Col- ony shall be sold on the following terms : No survey of land shall contain more than six hundred and forty acres, (except in par- ticular cases) ; and the purchaser shall pay for the entry and war- rant of survey two dollars; for surveying the same and a plot thereof, four dollars ; and for the deed and plot annexed, two dol- lars. And also shall pay to the said proprietors, their Agent, or Receiver, for the time being, at the time of receiving a deed, two pounds, ten shillings, sterling, for each hundred acres contained in such deed ; also an annual quit-rent of two shil- lings, like money, for every one hundred acres, commencing in the year 1780. And that any person who settles on the said Lands before the first day of June, 1776, shall have the privilege, on the aforesaid conditions, of taking up for himself any quan- tity not above six hundred and forty acres; and for each tax- able person he may take with him, and settle there, three hun- dred and twenty acres, and no more.
Resolved, That Colonel Richard Henderson, survey and lay off, within the said Colony, in such places and in such quantities as he shall think proper, not less than two hundred thousand acres, hereafter to be equally divided amongst the copartners or their representatives, according to their rateable part, (as fully set forth in the Articles of Agreement entered into by the copart- ners) ; and that each copartner be permitted, by himself or his deputy, to make choice of, and survey in one or more places, any quantity of vacant Land in the aforesaid Colony, for his or their
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particular use ; but not above two thousand acres, and that agreeable to the aforesaid rateable proportions, unless on the same terms, and under the same regulations and restrictions as laid down for other purchasers.
Resolved, That not more than five thousand acres shall be sold to any one person who does not immediately settle on the said Land; and that at three pounds, ten shillings sterling per hundred, and not more than one hundred thousand acres in the whole on these terms.
Resolved, That the Agent deliver what money he may have received for the sale of lands to Col. Thomas Hart, when he leaves the said Colony, and that Col. Hart pay what money may be due from the Company to the people at Watauga on his return ; and that the remainder be applied to the payment of the Company's other debts.
Also that the Agent shall take the first safe opportunity of remitting what further sums he may receive thereafter to Will- iam Johnston, Treasurer, to be by him applied towards paying off the Company's debts.
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