USA > Kentucky > Madison County > Boonesborough > Boonesborough; its founding, pioneer struggles, Indian experiences, Transylvania days, and revolutionary annals; > Part 15
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Resolved, That William Johnston be empowered to bargain and contract with any persons inclining to purchase Lands in the said Colony.
Ordered, That Mr. Johnston do in behalf of the Proprietors, accomodate Mr. Peter Hay, merchant, (at Cross Creek, Cum- berland County, North Carolina), with a present of one thousand acres of Land in the said Colony, for his friendly behavior towards the Company; or in lieu thereof, that Mr. Hay be per- mitted to purchase ten thousand acres, without being obliged to settle the same, at two pounds, ten shillings, sterling, per hun- dred acres, subject to office fees and quit-rents.
Resolved, That a present of six hundred and forty acres of
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Land be made to the Reverend Mr. Henry Patillo, on condition that he will settle in the said Colony.
Resolved, That the Agent duly attend to the above Resolves, unless when the interest of the Company makes the contrary necessary.
By order of the Proprietors :
RICHARD HENDERSON, President.
P
LETTER FROM SILAS DEANE TO JAMES HOGG (NOVEM- BER 2, 1775) REGARDING THE GOVERN- MENT OF TRANSYLVANIA.
(From Volume IV of American Archives.)
NOVEMBER 2ND, 1775.
Dear Sir : At the time of granting the New England Charters, the Crown of Great Britain had no idea of any real interest or property in the American Lands. The Pope, as Vicar of Christ, pretended very early to have an absolute right in fee simple, to the earth and all that was therein, but more particularly to the Countries and persons of heretics, which he constantly gave away among his favorites. When the Crown of Great Britain threw off its submission to the Pope, or, in other words, by setting itself at the head of the Church, became Pope of Great Britain, this old, whimsically arrogant nation, was, in degree, restrained ; and Queen Elizabeth, in the year 1579, most graciously gave to Sir Walter Raleigh all North America, from the lattitude 34º North to 48º north ; and extending West to the great Pacific Ocean ; to which immense territory she had no more right or title than she had to the empire of China.
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On Sir Walter's attainder, this was supposed to revert to the Crown, and in 1606, James I, in consequence of the same prin- ciple, granted the South part of the above, to a Company then called the London Company ; and in 1620, granted the North- ernmost part to a Company called the Plymouth Company, con- taining within its bounds all the lands from 40° to 45° north lattitude, and West to the South Seas. This Company granted, 1631, to certain persons, that tract described in this charter, which you will see was very liberal, and rendered them (as in reality they were) independent of the Crown for holding their lands ; they having, at their own expense, purchased or conquered them from the natives, the original or sole owners.
The Settlement of Connecticut began in 1634 when they came into a Voluntary Compact of Government, and governed under it, until their Charter, in 1662, without any difficulty. They were never fond of making many laws; Nor is it good policy in any State, but the worst of all in a new one. The laws, or similar ones to those which I have turned down to, are necessary in a new Colony, in which the highest wisdom is to increase, as fast as possible, the inhabitants, and at the same time to regulate them well.
The first is to secure the general and inalienable rights of man to the settlers ; without this, no inhabitants, worth having, will adventure. This, therefore, requires the Closest and earliest attention.
Next to this, is the mode or rule by which civil actions may be brought, or the surest ways and means by which every indi- vidual may obtain his right.
Then a provision for the safety of the Community against high handed offenders, house breakers, etc.
There are two ways of regulating a Community ; one by cor- recting every offender, and the other to prevent the offense itself ;
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to effect the latter, education must be attended to as a matter of more importance than all the laws which can be framed, as it is better to be able to prevent, than after to correct a disease.
Peace officers will be necessary, and these ought to be chosen by the people, for the people are more engaged to support an officer of their own in the execution of his trust, than they will ever be in supporting one forced upon them.
Some regulation of civil course ought early to be made the most simple and least expensive is best ; an honest judge will support his dignity without a large salary, and a dishonest one can have no real dignity at any rate.
The General Assembly must be the supreme fountain of power in such a state, in constituting which, every free man ought to have his voice. The elections should be frequent, at least annu- ally ; and to this body every officer ought to be amenable for his conduct. Every impediment in the way of increase of people should be removed, of course marriage must be made easy.
Overgrown estates are generally the consequence of an unequal division of interest, left by a subject at his decease. This is pre- vented by an equal, or nearly equal right of inheritance. This has taken place in all the New England Colonies, and in Pennsylvania to their great emolument.
All fees of office ought to be stated and known, and they should be stated as low as possible.
Some crimes are so dangerous in their tendency, that capital punishments are necessary ; the fewer of these, consistent with the safety of the State, the better.
There ought to be some terms on which a man becomes free of the community. They should be easy and simple ; and every one encouraged to qualify himself in character and interest, to comply with them ; and these terms should be calculated to bind the person in the strongest manner, and engage him in its interest.
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A new Colony, in the first place, should be divided into small townships or districts, each of which ought to be empowered to regulate their own internal affairs ; and to have and enjoy every liberty and privilege not inconsistent with the whole.
Tenure of lands is a capital object, and so is the mode of taking out grants for, and laying them out. If individuals are permitted to engross large tracts, and lay them out as they please, the pop- ulation of the country will be retarded.
Precarious must be the possession of the finest country in the world, if inhabitants have not the means and skill of defending it. A militia regulation must, therefore, in all prudent policy, be one of the first.
Though entire liberty of conscience ought everywhere to be allowed, yet the keeping up among a people a regular and stated course of Divine worship has such beneficial effects that the encouragement thereof deserves the particular attention of the Magistrate.
Forms of oath are ever best, as they are concise, and carry with them a solemn simplicity of appeal to the Divine Being ; and to preserve their force, care should be had to avoid too fre- quent a repetition of them, and on ordinary occasions.
The preservation of the peace being the capital object of gov- ernment, no man should be permitted on any occasion, to be the avenger of the wrongs he has, or conceives he has, received ; but if possible, every one should be brought to submit to the decision of the law of the country in every private as well as public injury.
Providing for the poor is an act of humanity, but to prevent their being numerous and burdensome to society is at once humane and an act of the highest and soundest policy ; and to effect it, the education of children, and the manners of the lower orders are constantly to be attended to.
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As, in a well ordered government, every one's person and property should be equally secure, so each should pay equally, or on the same scale, for the expenses in supporting the same.
In a new and wild country it will be deemed, perhaps, impos- sible to erect schools; but the consequences are so great and lasting that every difficulty ought to be encountered rather than give up so necessary, so important an institution. A school will secure the morals and manners, and at the same time tend to collect people together in society, and promote and preserve civilization.
The throwing a country into towns, and allowing these towns particular privileges like corporations in England and America, tends to unite the people, and, as in the least family there is, generally, the best economy, so these towns will conduct the internal and domestic crudentials better than larger bodies, and give strength, soundness and solidity to the basis of the State.
Sir, you have in the foregoing, the outlines of the policy of the Connecticut Government, in as concise a view as I could ; the great and leading principles of which will, I conceive, apply to any new State; and the sooner they are applied the better it will be for the health and prosperity of the rising community.
An equal and certain security of life, liberty and property, an equal share in the rights of legislation, and an equal distribution of the benefits resulting from society ; with an early attention to the principles, morals and manners of the whole, are the great first principles of a good Government, and these well fixed, lesser matters will easily and advantageously adjust, as I may say, them- selves. I am far from thinking our system is entirely fit for you, in every point. It has grown up and enlarged itself, as we have grown. Its principle features are worth your attending to ; and, if I had leisure, would point out, more particularly which part I
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think you might adopt immediately, what additions are necessary, and why some parts should be rejected. But I will, if possible, give you after your perusal of this, the general head of what, from my little reading and observation, I think to be the most simple, and consequently, the best plan of government.
I am, Sir, yours,
Thursday morning, November 2nd, 1775. S. DEANE.
Two laws, I see I have run over without noting upon ; the one is for punishing vagabonds, by setting them to hard labor. The other, for the punishment of theft, which you may think too light, but I think too severe ; or, in other words, I would avoid infamous punishments, such as cropping, branding, whipping, etc., and sub- stitute hard labor in their stead.
Q JAMES HOGG TO RICHARD HENDERSON, JANUARY, 1776.
REPORT OF THE TRANSYLVANIA "EMBASSY " TO THE CONTINENTAL CONGRESS. (American Archives, Volume IV.)
JANUARY, 1776.
Dear Sir : On the 2nd of December I returned hither from Philadelphia ; and I have now set down to give you an account of my embassy, which you will be pleased to communicate to the other gentlemen, our co-partners, when you have an oppor- tunity. I waited for Messrs. Hooper and Hewes a day and a half at Richmond, but they were detained by rainy weather for several days, so that they did not overtake me till I was
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near Philadelphia, where I was kept two days by heavy rain, though they had it dry where they were. It was the 22nd of October when we arrived at Philadelphia. In a few days they introduced me to several of the Congress gentlemen, among the first of whom were, accidentally, the famous Samuel and John Adams ; and as I found their opinion friendly to our new Colony, I showed them our map, explained to them the advantage of our situation, etc., etc. They entered seriously into the matter, and seemed to think favorably of the whole; but the difficulty that occurred to us soon appeared to them. "We have peti- tioned and addressed the King," said they, "and have entreated him to point out some mode of accomodation. There seems to be an impropriety in embarrassing our reconciliation with any- thing new ; and the taking under our protection a body of people who have acted in defiance of the King's proclamations, will be looked on as a confirmation of that independent spirit with which we are daily reproached." I then showed them our memorial, to convince them that we did not pretend to throw off our allegiance to the King, but intended to acknowledge his sover- eignty whenever he should think us worthy of his regard. They were pleased with our memorial, and thought it very proper ; but another difficulty occurred. By looking at the map they observed that we were within the Virginia Charter. I then told them of the fixing of their boundaries, what had passed at Richmond in March last, and that I had reason to believe the Virginians would not oppose us; however, they advised me to sound the Virginians, as they would not choose to do anything in it without their consent. All the Delegates were, at that time, so much engaged in the Congresses from morning till night that it was some days before I got introduced to the Virginians; and before then I was informed that some of them had said, what-
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ever was their own opinion of the matter, they would not consent that Transylvania should be admitted as a Colony, and repre- sented in Congress until it originated in their Convention, and should be approved by their constituents. Some days after this, I was told that Messrs. Jefferson, Wythe, and Richard Henry Lee, were desirous of meeting with me, which was accordingly brought about ; but, unfortunately, Mr. Lee was, by some business, prevented from being with us, though I had some conversation with him afterwards. I told them that the Transylvania Com- pany, suspecting that they might be misrepresented, had sent me to make known to the gentlemen of the Congress our friendly intentions towards the cause of liberty, etc., etc., but said noth- ing of our memorial, or my pretentions to a seat in Congress. They said nothing in return to me, but seriously examined our map, and asked many questions. They observed that our pur- chase was within their charter, and gently hinted, that by virtue of it, they might claim the whole. This led me to take notice, that a few years ago, I had been informed that their assembly had petitioned the Crown for leave to purchase from the Cher- okees, and to fix their boundaries with them, which was accord- ingly done, by a line running from six miles east of the Long Island in Holston, to the mouth of the Great Kanawha, for which they had actually paid twenty five hundred pounds to the Cherokees ; by which purchase, both the Crown and their Assembly had acknowledged the property of those islands to be in the Cherokees. Besides, said I, our settlement of Transylvania will be a great check on the Indians, and consequently be of service to the Virginians.
They seemed to waive the argument concerning the right of property ; but Mr. Jefferson acknowledged, that in his opinion, our Colony could be no loss to the Virginians, if properly united
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to them ; and said, that if his advice was followed, all the use they should make of their Charter would be, to prevent any arbitrary or oppressive government to be established within the boundaries of it; and that it was his wish to see a free Govern- ment established at the back of theirs, properly united with them ; and that it should be extended westward to the Mississippi, and on each side of the Ohio, to their Charter line, but he would not consent that we should be acknowledged by the Congress, until it had the approbation of their constituents in Convention, which he thought might be obtained ; and that, for that purpose, we should send one of our Company to their next Convention. Against this proposal, several objections occurred to me, but I made none.
This was the substance of our conference, with which I acquainted our good friends, Messrs. Hooper and Hewes, who joined me in opinion that I should not push the matter further ; and they hinted to me, that, considering the present very critical situation of affairs, they thought it was better for us to be uncon- nected with them. These gentlemen acted a most friendly part all along, and gave a favorable account of our proceedings. Indeed I think the Company under great obligations to them, and I hope they will take it under their consideration. I was frequently with parties of the Delegates, who in general think favorably of our enterprise.
All the wise ones of them, with whom I conversed on the subject, are clear in opinion that the property of these lands are vested in us by the Indian grant ; but some of them think, that by the common law of England, and by the common usage in America, the Sovereignty is in the King, agreeable to a famous law opinion, of which I was so fortunate as to procure a copy. The suffering traders, and others, at the end of last war, obtained
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a large tract of land from the Six Nations, and other Indians. They formed themselves into a Company, (called, I believe, the Ohio,) and petitioned the King for a patent, and desired to be erected into a Government. His Majesty laid their petition before Lord Chancellor Camden and Mr. Charles York, then Attorney General, and afterwards Chancellor. Their opinion follows :
"In respect to such places as have been, or shall be acquired by treaty or grant from any of the Indian Princes or Govern- ments, your Majesty's letters patent are not necessary ; the property of the soil vested in the grantee by the Indian grants, subject only to your Majesty's rights of Sovereignty over the settlements, as English settlements, and over the inhabitants as English subjects, who carry with them your Majesty's law where- ever they form Colonies, and receive your Majesty's protection by virtue of your Royal charters."
After an opinion so favorable for them, it is amazing that this Company never attempted to form a settlement, unless they have procured a charter ; with the hopes of which, it seems, they were flattered, from time to time. However, our example has roused them, I am told, and they are now setting up for our rivals. Depending on the opinion, another company of gentle- men, a few years ago, purchased a tract between the Mississippi and Ohio, beginning about a league below Fort Chartres, and running over towards the mouth of the Wabash; but whether or not their boundary line is above or below the mouth of the Wabash, the gentlemen who showed me their deed could not tell, as it is not mentioned, but is said to terminate at the old Shawanese town, supposed to be only thirty-five leagues above the mouth of the Ohio. And the said Company purchased another larger tract, lying on the Illinois River. It was from one of this Company that I procured a copy of the above opinion, which he
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assured me was the genuine one, and is the very same which you have heard was in possession of Lord Dunmore, as it was their Company that sent it to him, expecting he would join them.
I was several times with Mr. Deane, of Connecticut, the gen- tleman of whom Mr. Hooper told you, when here. He says he will send some people to see our country ; and if their report be favorable, he thinks many Connecticut people will join us.
This gentleman is a scholar, and a man of sense and enter- prise, and rich ; and I am apt to believe, has some thoughts of heading a party of Connecticut adventurers, providing things can be made agreeable to him. He is reckoned a good man and much esteemed in Congress; but he is an enthusiast in liberty, and will have nothing to do with us unless he is pleased with our form of Government. He is a great admirer of the Con- necticut Constitution, which he recommended to our consideration, and was so good as to favor me with a long letter on that subject, a copy of which is enclosed.' You would be amazed to see how much in earnest all these speculative gentlemen are about the plan to be adopted by the Transylvanians. They entreat, they pray, that we make it a free Government, and beg that no mercenary or ambitious views in the Proprietors may prevent it. Quit-rents, they say, is a mark of vassalage, and hope they will not be established in Transylvania. They even threaten us with their opposition, if we do not act upon liberal principles when we have it so much in our power to render ourselves immortal. Many of them advised a law against negroes.
Enclosed I send you a copy of a sketch by John Adams,2 which I had from Richard Henry Lee.
' The letter is herewith published in Appendix P.
2 See footnote, page 43.
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R
REPLY OF JOHN WILLIAMS, AGENT OF THE TRANSYL- VANIA PROPRIETORS, TO THE HARRODSBURG REMONSTRANCE OF DECEMBER, 1775.
( Calendar Virginia State Papers.)
BOONESBOROUGH, January 1, 1776. To the Gentlemen Inhabitants in & about Harrodsburg :-
Gentlemen : By the hands of Messrs Col. Abraham Hite Jos Bowman Jno Wharton & Wm McAfee we received an Instrument of writeing, purporting to be an address to us directed, for the relief of Grievances subsisting in the Colony of Transylvania. Respect- ing the letting our Lands within the said Colony. Nothing could have astonished us more than a Remonstrance of this Kind, at a time when we were Endeavoring to pursue every practicable meas- ure to prevent any dispute or disquietude in the minds of the Inhabitants of this Young and yet feeble Colony and for that End had Established rules for the purpose of granting the Lands within the same upon as favorable Terms as we can well afford from the large price which we purchased them at, the numberless Expenses which have, and still must accrue upon the Occasion and the many disadvantages we have put Ourselves to, without mentioning the many dangers resulting from such hazardous Enterprizes. Con- scious to ourselves of the integrity of our Intentions and the uprightness of our Conduct in purchasing more Lands and fully satisfied with the Right we have Acquired from the Aborigines first and Sole Occupants thereof -the Cherokee Indians-From the Chief's of whom, by and with the Consent of the whole Nation in fair & open Treaty for a large & valuable Consideration, we obtained a Deed of Feafment with actual livery and Seasin in due
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form of law with Quiet and Peacable possession which we still Retain and than which right we know of no better, the premises acceded to. We flattered ourselves that the modes and Terms on which we purpose on letting our Lands within said Colony would have met the approbation of every reasonable honest and well disposed person who wished to become a purchaser under us and an Inhabitant of said Colony. And it is with surprise we find persons now Expecting Lands on the Inferior Terms which we let them Last Spring to such Persons who ventured out with us to take Possession of the Country & Defend us against our Savage Enemies untill we Could build Forts make Corn &c and thereby give encouragement to others to Emigrate hither as many since have done & more about to do. To whom we proposed letting Lands (on what we think reasonable Terms) To every Person who shall remove here to reside before the year 1777 for himself 640 Acres of Land and for each Taxable Person he shall bring with him & Employ in cultivating land or other business within said Colony 320 Acres at 50 S. Sterling pr hundred exclusive of the office fees & an Annual quit rent of 2.S like money pr hundred acres, to commence in the year 1780. For which we make an indefeasible Right in Fee Simple with General Warranty. This being the lowest price we can take, we conceive it can never be considered as exorbitant when in fact all who see the lands and their situation the fertility of the soil, the Luxuriance of the range the purity of the air and healthiness of the Climate with every promising prospect of a rapid population and of course in a very short time a flourishing Country must know the lands, even at this Time to be of Infinite more Value, Exclusive of the money advantages needless here to mention, the above being our Right, which well understood we hope will give satisfaction to all, Yet if any Doubt we wish them to satisfy
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themselves of a right so generally acknowledged and of which we entertain not the least Scruple before they pretend to become inhabitants of this Country as it is highly expedient that each and every Person inhabiting this new and at present weak Country should unanimously join in one general Cause for the safety and protection of the whole which I am Convinced Every Gentleman every honest man and every good citizen would desire to do, And when-ever any person comes in otherwise disposed they thereby raise disentions and Animosities by which they loose and Weaken the bands of Society and of course must render us an Easy prey to our Savage Enemies whenever they may see cause to take the advantage of our disunited situation to prevent which we not only wish to see every person in this Colony lending his aid but assure you Gentlemen that nothing within our power shall be wanting to Accomplish so Good an End.
JNO WILLIAMS Agt for ye Com'y.
A True Copy.
S JOHN WILLIAMS' REPORT (JANUARY 3, 1776) OF TRANSYLVANIA AFFAIRS TO THE PRO- PRIETORS IN NORTH CAROLINA.
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