USA > Tennessee > Davidson County > History of Davidson County, Tennessee, with illustrations and biographical sketches of its prominent men and pioneers > Part 8
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The first page is lost, and the second torn and defaced, but we can read distinctly as follows, supplying in brackets lost words :
". . . property of right shall be determined as soon [as] conveniently may be, in the following manner : The free men of this country over the age [of twenty] one years shall immediately, or as soon as may [be convenient], pro- ceed to elect or choose twelve conscientious and [deserving] persons, from or out of the different sections, that is [to] say : From Nashborough, three ; Gasper's, two ; Bledsoe's, One; Asher's, one; Stone's River, one ; Freeland's, one ; Eaton's, two ; Fort Union, one. Which said persons, or a majority of them, after being bound by the solemnity of an oath to do equal and impartial justice between all contend- ing parties, according to the best of their skill and judgment,
having due re[gard] to the regulations of the Land Office herein established, shall be competent judges of the matter, and . . . hearing the allegations of both parties and [their] witnesses as to the facts alleged, or otherwise . . . as to the truth of the case, shall have [power] to decide the con- troversies, and determine who is of right entitled to an entry for such land so in dispute, when said determination or de- cision shall be forever bind[ing] and conclusive against the future claim of the party against whom such judgment [shall be rendered]. And the entry-taker shall make a [record thereof ] in his book accordingly, and the entry . . . tending party so cost shall . . . if it had never been made, and the land in dispute . . . to the person in whose favor such judgment shall . . .
". . . in case of the death, removal, or absence of any of the judges so to be chosen, or their refusing to act, the station or stations to which such person or persons belong, or was chosen from, shall proceed to elect another or others in his or their stead; which person or persons so chosen, after being sworn, as aforesaid, to do equal and impartial justice, shall have full power and authority to proceed to business, and act in all disputes respecting the premises, as if they had been originally chosen at the first election.
"That the entry-book shall be kept fair and open by . . . person . . . to be appointed by said Richard Hen- derson . . . chose, and every entry for land numbered and dated, and . . . order leaving any blank leaves or spaces . . . to the inspection of the said twelve judges, or . . . of them, at all times. . .
"That whereas many persons have come to this country without implements of husbandry, and from other circum- stances are obliged to return without making a crop, and [intend] removing out this fall or early next spring, and it . . . reason . . . such should have the pre-emp[tion] . . . of such places as they may have chosen . . . the purpose of residence, therefore it is . . . to be taken for all such, for as much land as they are entitled to from their head- rights, which said lands shall be reserved for the particular person in whose name they shall be entered, or their heirs ; provided such persons shall remove to this country and take possession of the respective place or piece of land so chosen or entered, or shall send a laborer or laborers and a white person in his or her stead to perform the same, on or before the first day of May, in the year one thousand seven hundred and eighty-one; and also provided such land so chosen and entered for is not entered and claimed by some person who is an inhabitant, and shall raise a crop of corn the present year at some station or place convenient to the general settlement in this country. But it is fully to be understood that those who are actually at this time inhabitants of this country shall not be debarred of their choice or claim on account of the rights of any such absent or returning person or persons. It is further proposed and agreed that no claim or title to any land whatsoever shall be set up by any person in consequence of any mark or former improvement, unless the same be entered with the entry-taker within twenty days from the date of this asso- ciation and agreement; and that when any person here- after shall mark or improve land or lands for himself, such mark or improvement shall not avail him or be deemed an
"This paper contains also additional articles adopted May 13th, the date at which the signatures were added.
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HISTORY OF DAVIDSON COUNTY, TENNESSEE.
evidence of prior right unless the same be entered with the entry-taker in thirty days . . . from the time of such mark or improvement; but no other person shall be entitled to such lands so as aforesaid to be reserved . . . consequence of any purchase, gift, or otherwise.
"That if the entry-taker to be appointed shall neglect or refuse to perform his duty, or be found by the said judges, or a majority of them, to have acted fraudulently, to the prejudice of any person whatsoever, such entry- taker shall be immediately removed from his office, and the book taken out of his possession by the said judges until another shall be appointed to act in his room.
" That as often as the people in general are dissatisfied with the doings of the judges or triers so to be chosen, they may call a new election at any of the said stations and elect others in their stead, having due respect to the number now agreed to be elected at each election, which persons so to be chosen shall have the same power with those in whose room or place they shall or may be chosen to act.
" That as no consideration money for the lands on Cum- berland River, within the claim of the said Richard Hen- derson and Company, and which is the subject of the asso- ciation, is demanded or expected by the said Company until a satisfactory and indisputable title can be made, so we think it reasonable and just that the twenty-six pounds thirteen shillings and four pence, current money, per hun- dred acres, the price proposed by the said Richard Hender- son, shall be paid according to the value of money on the first day of January last, being the time when the price was made public [and] settlement encouraged thereon by said Henderson ; and the said Richard Henderson on his part does hereby agree that in case of the rise or appreciation of money from that . . . an abatement shall be made in the sum according to its raised or appreciated value.
" That where any person shall remove to this country with intent to become an inhabitant, and depart this life, either by violence or in the natural way, before he shall have performed the requisites necessary to obtain lands, the child or children of such deceased person shall be entitled, in his or her room, to such quantity of land as such person would have been entitled to in case he or she had lived to obtain a grant in their own name; and if such death be oc- casioned by the Indians, the said Henderson doth promise and agree that the child or children shall have as much as amounts to their head-rights gratis, surveyor's and other incidental fees excepted.
" And whereas, from our remote situation and want of proper officers for the administration of justice, no regular proceedings at law can be had for the punishment of of- fenses and the attainment of right, it is therefore agreed that until we can be relieved by government from the many evils and inconveniences arising therefrom, the judges or triers to be appointed as before directed, when qualified, shall be and are hereby declared a proper court or jurisdic- tion for the recovery of any debt or damage; or where the cause of action or complaint has arisen, or hereafter shall commence, for anything done or to be done among our- selves in this our settlement on Cumberland aforesaid, or in our passage hither, where the laws of our country could not
be executed or damages repaired in any other way; that is to say, in all cases where the debt or damages or demand does or shall not exceed one hundred dollars, any three of the said judges or triers shall be competent to make a court and finally decide the matter in controversy ; but if for a larger sum, and either party shall be dissatisfied with the judg- ment or decision of such court, they may have an appeal to the whole twelve judges or triers, in which case nine mem- bers shall be deemed a full court, whose decision, if seven agree in one opinion, the matter in dispute shall be final, and their judgment carried into execution in such manner and by such person or persons as they may appoint ; and the said courts, respectively, shall have full power to tax such costs as they may think just and reasonable, to be levied and collected with the debt or damage so to be awarded.
" And it is further agreed that a majority of the said judges, triers, or general arbitrators shall have power to punish in their discretion, having respect to the laws of our country, all offenses against the peace, misdemeanors, and those criminals, or of a capital nature, provided such court does not proceed with execution so far as to affect life or member; and in case any should be brought before them whose crime is or shall be dangerous to the State, or for which the benefit of clergy is taken away by law, and suffi- cient evidence or proof of the fact or facts can probably be made, such court, or a majority of the members, shall and may order and direct him, her, or them to be safely bound and sent under a strong guard to the place where the offense was or shall be committed, or where legal trial of such of- fense can be had, which shall accordingly be done, and the reasonable expense attending the discharge of this duty as- certained by the court, and paid by the inhabitants in such proportion as shall hercafter be agreed on for that purpose.
" That as this settlement is in its infancy, unknown to government, and not included within any county within North Carolina, the State to which it belongs, so as to de- rive the advantages of those wholesome and salutary laws for the protection and benefit of its citizens, we find our- selves constrained from necessity to adopt this temporary method of restraining the licentious, and supplying, by unanimous consent, the blessings flowing from a just and equitable government, declaring and promising that no ac- tion or complaint shall be hereafter instituted or lodged in any court of record within this State, or elsewhere, for any- thing done or to be done in consequence of the proceedings of the said Judges or General Arbitrator so to be chosen and established by this our Association.
" That the well-being of this country entirely depends, under Divine Providence, on unanimity of sentiment and concurrence in measures; and as clashing interests and opinions without being under some restraint will most cer- tainly produce confusion, discord, and almost certain ruin, so we think it our duty to associate, and hereby form our- selves into one society for the benefit of present and future settlers ; and until the full and proper exercise of the laws of our country can be in use, and the powers of government exerted among us, we do most solemnly and sacredly de- clare and promise each other that we will faithfully and punctually adhere to, perform, and abide by this our Associ- ation, and at all times, if need be, compel by our united
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force a due obedience to these our rules and regulations. In testimony whereof we have hereunto subscribed our mmes in token of our entire approbation of the measures adopted.
"Richard Henderson.
William Gowan.
Nathaniel Hart.
John Wilfort.
John McMurty. D'd Williams.
William II. Moore.
James Espey.
John McAdams.
Semmel Phariss.
Michael Kimberlin.
Samson Williams.
John Donelson, C.
John Cowan.
Gasper Mansker.
Francis Hodge.
William Fleming.
Juba Blackemore, Sr. James Leeper.
John Blackem vre, Jr. James Shaw.
George Leepe". Daniel Mungle. Patrick Mccutchen.
Evin Evins.
Samuel Deson.
Samuel Martin.
James Buchanan.
Solomon Turpin.
Isaac Rentfro.
Robert Cartwright. Hugh Rogan.
Joseph Morton.
William Woods.
David Mitchell.
David Shelton. Spill Coleman.
Samuel McMurray.
P. Henderson. Edward Bradley. Edward Bradley, Jr. James Bradley. Michael Stoner. Joseph Mosely. Henry Guthrie. Francis Armstrong.
Robert Lucas. James Robertson. George Freeland. John Tacker. Peter Catron.
Francis Catron. John Dunham. Imac Johnson. Adam Kelar.
Thomas Bargess. William Green. Moses Webb. Absalem Thompson. Jobo MeVay.
James Thomson.
Charles Thomson. Martin Hardin.
Elijab Thomson. Andrew Thomson. William Seaton. Edward Thomelu.
Isaac Drake.
Jonathan Jennings. Zachariah Green. Andrew Lacas. His James M. Patrick.
James Moore.
Humphrey Hogan.
Richard Gross. John Drake. John Holladay. Frederic Stamp Dutch).
William Hood.
Jobs Boyd.
Jacob Stamp. Henry Hardin. Richard Stanton. Sampson Sawyer.
Andrew Ewin. Ebenezer Titus. Mark Robertson. John Montgomery. Charles Campbell. William Overall. John Turner. Nathaniel Overall.
James Foster. William Morris. Nathaniel Bidlack. A. Tatom. William Hinson. Edmund Newton. Jonathan Green. Edward Lucas. Philip Alston. John Phillips. George Flynn.
John Hobson.
Patrick Quigley.
Daniel Jarrott.
Ralph Wilson.
Josias Gamble. John Owens.
James Givens.
Samuel Newell. James Freeland.
James Harrod.
Joseph Read. Thomas Molloy.
James Buchanan, Sr.
David Maxwell. Isaac Lindsay.
William Geioch.
Thomas Jefriss.
Isaac Bledsoe.
Samuel Shelton.
Joseph Dunnagin.
Jacob Castleman.
John Gibson.
John Phelps.
George Power.
Robert Espey.
Andrew Bushoney.
James Russell."
George Espey.
ADDITIONAL ARTICLES.
The following additional resolutions and further articles were entered into at Nashborough on the 13th day of May, 1780, to wit :
" That all young men over the age of sixteen years and able to perform militia duty shall be considered as having a full right to enter for and obtain lands in their own names, as if they were of full age; and in that case not be recovered in the family of his father, mother, or master, 80 as to avail them of any land on their account.
" That where any person shall mark or improve land or lands, with intent to set up a claim thereto, such person shall write or mark in legible characters the initial letters of his name at least, together with the day of the month and year on which he marked or improved the same, at the spring or most notorious part of the land, on some conve- nient tree or other durable substance, in order to notify the intentions to all such as may inquire or examine; and in case of dispute with respect to priority of right, proof of such transaction shall be made by the oath of some indif- ferent witness, or no advantage or benefit shall be derived from such mark or improvement; and in all cases where priority of mark or occupancy cannot be ascertained, ac- cording to the regulations and prescriptions herein proposed and agreed to, the oldest or first entry in the office to be opened in consequence of this Association shall have the preference, and the lands granted accordingly.
"It is further proposed and agreed that the entry-office shall be opened at Nashborough on Friday the 19th of May, instant, and kept from thenceforward at the same place, unless otherwise directed by any future Convention of the people in general or their representatives.
" That the entry-taker shall and may demand and re- ceive twelve dollars for each entry to be made in his book, in manner before directed, and shall give a certificate thereof if required; and also may take the same fees for every caveat or counter-claim to any lands before entered; and in all cases where a caveat is to be tried, in manner be- fore directed, the entry-book shall be laid before the said Committee of Judges, Triers, or General Arbitrators for their inspection and information, and their judgment upon the matter in dispute fairly entered, as before directed; which said Court or Committee is also to keep a fair and distinct journal or minutes of all their proceedings, as well with respect to lands as other matters which may come be- fore them in consequence of these our resolutions.
" It is also firmly agreed and resolved that no person shall be permitted to make an entry for any land with the said entry-taker, or permitted to hold the same, unless such person shall subscribe his name and conform to this our Association, Confederacy, and General Government,
Daniel Jarrot. Jesse Maxey. Noah Hawthorn. Charles McCartney. John Anderson. William McWhirter. Barnet Hainey. Richard Sims. Titus Murray. James Hamilton. Henry Dougherty. Zach. White. Burgess White. William Calley. James Ray. William Ray. Perley Grimes. Samuel White. Daniel Hogan. Thomas Hines. Robert Goodloe. Thomas W. Alston. William Barret. Thomas Shannon.
Thomas Edmeston. Ezekiel Norris. William Farwell. William McMurray. John Cordey. Nicholas Framal. Haydon Wells. Daniel Ratleft. John Callaway. Jobn Pleake. Willis Pope. Silas Harlan. James Lynn.
Thomas Cox. Hugh Leeper.
Harmon Consellea.
Samuel Moore. Elijah Moore. John Moore.
(in
Samuel Mccutchen. William Price. Henry Kerbey. Joseph Jackson. Daniel Ragsdell. Michael Shaver. Samuel Willson. John Reid. Joseph Dougherty. Charles Cameron. W. Russell, Jr. Hugh Simpson. Samuel Moore.
Isaac Rounsavall. James Crocket. Andrew Crocket. Russell Gower. John Shannon. Jonathan Drake. Benjamin Drake. John Drake. Mereday Rains. Richard Dodge.
James Green.
James Cooke.
Daniel Johnston.
Joseph Denton. Arthur McAdoo. Nathaniel Henderson. John Evans. Wm. Bailey Smith. Peter Luney.
James Cain.
Daniel Johnson.
George Miner. Georgo Green. William Moore. Jacob Cimberlin. Robert Dockerty. John Crow. William Summers. Lesois Frize. (?) Amb's Mauldin. Morton Mauldin. John Dunham. Archelaus Allaway. Samuel Hayes. Isaac Johnson.
John Thomas. Joshua Thomas. David. Rounsavall.
Thomas Thompson. Martin King. William Logan. John Alstend. Nicholas Counrod.
John Caffery.
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HISTORY OF DAVIDSON COUNTY, TENNESSEE.
unless it be for persons who have returned home and are permitted to have lands reserved for their use until the first day of May next, in which case entries may be made for such absent persons, according to the true meaning of this writing, without their personal presence, but shall be- come utterly void if the particular person or persons for whom such entry shall be made should refuse or neglect to perform the same as soon as conveniently may be after their return, and before the said first day of May in the year 1781.
" Whereas the frequent and dangerous incursions of the Indians, and almost daily massacre of some of our inhabi- tants, renders it absolutely necessary for our safety and defense that due obedience be paid to our respective officers elected and to be elected at the several stations or settle- ments to take command of the men or militia at such fort or station,-
" It is further agreed and resolved that when it shall be adjudged necessary and expedient by such commanding officers to draw out the militia of any fort or station to pursue or repulse the enemy, the said officer shall have power to call out such and so many of his men as he may judge necessary, and in case of disobedience may inflict such fine as he in his discretion shall think just and reason- able, and also may impress the horse or horses of any per- son or persons whatsoever, which if lost or damaged in such service shall be paid for by the inhabitants of such fort or station in such manner and such proportions as the committee hereby appointed, or a majority of them, shall direct and order; but if any person shall be aggrieved or think himself injustly vexed and injured by the fine or fines so imposed by the officer or officers, such person may appear to the said Judges or Committee of General Arbitrators, who, or a majority of them, shall have power to examine the matter fully, and make such order therein as they may think just and reasonable, which decision shall be conclusive on the party complaining, as well as the officer or officers in- flicting such fine; and the money arising from such fines shall be carefully applied for the benefit of such fort or station, in such manner as the said Arbitrators shall here- after direct.
" It is lastly agreed and firmly resolved that a dutiful and humble address or petition be presented by some person or persons, to be chosen by the inhabitants to the General Assembly, giving the fullest assurance of the fidelity and attachment to the interests of our country and obedience to the laws and constitution thereof, setting forth that we are confident our settlement is not within the boundaries of any nation or tribe of Indians, as some of us know and all believe that they have fairly sold and received satisfaction for the land or territories whereon we reside, and therefore, we hope we may not be considered as acting against the laws of our country or the mandates of government ;
" That we do not desire to be exempt from the ratable share of the public expense of the present war,* or other contingent charges of government; that we are, from our remote situation, utterly destitute of the benefits of the laws of our country, and exposed to the depredations of
* War for Independence.
the Indians without any justifiable or effectual means of employing our militia or defending ourselves against the hostile attempts of our enemy ; praying and imploring the immediate aid and protection of our government, by erect- ing a county to include our settlements, appointing proper officers for the discharge of public duty, taking into con- sideration our distressed situation with respect to the Indians, and granting such relief and assistance as in wisdom, justice, and humanity may be thought reasonable. " NASHBOROUGH, 13th May, 1780."
The records of the government of the Arbitrators, had they been kept or preserved, would no doubt have revealed many curious and interesting facts. " From our researches," says Putnam, " we conclude that immediately after the adoption of the Articles an election was held at the sta- tions, and that then Robertson was chosen Colonel ; Don- elson, Lieutenant-Colonel; Lucas, Major; and George Freeland, Mauldin, Bledsoe, and Blackemore, Captains." Although the entry-taker and the judges were each required to keep separate books in which to keep minutes of their proceedings, it does not appear that any of these are extant, or that even a fugitive sheet or scrap can be found till the 7th of January, 1783. The people were so greatly exposed and kept in such constant turmoil with the Indians that during the intervening period but little had been attended to beyond their own immediate protection. In the midst of these discouraging circumstances many had left the settle- ments, and their numbers were reduced to seventy men. The record which recites the revival of the government alludes pathetically to these difficulties and trials :
" NORTH CAROLINA, CUMBERLAND RIVER, "January 7th, 1783.
" The manifold sufferings and distresses that the settlers here have from time to time undergone, even almost from our first settling, with the desertion of the greater number of the first adventurers, being so discouraging to the re- maining few that all administration of justice seemed to cease from amongst us,-which, however weak, whether in Constitution, administration, or execution, yet has been construed in our favor, against those whose malice or in- terest would insinuate us a people fled to a hiding-place from justice, and the revival of them again earnestly recommended,-it appears highly necessary that for the common weal of the whole, the securing of peace, the performance of contracts between man and man, together with the suppression of vice, again to revive our former manner of proceedings, pursuant to the plan agreed upon at our first settling here, and to proceed accordingly until such times as it shall please the Legislature to grant us the salutary benefits of the law duly administered amongst us by their authority.
" To this end, previous notice having been given to the several stationers to elect twelve men of their several stations whom they thought most proper for the business, and being elected, to meet at Nashborough on the 7th day of January, 1783.
" Accordingly there met at the time and place aforesaid Colonel James Robertson, Captain George Freeland, Thomas Malloy, Isaac Lindsey, David Rounsevall, Heydon Wells,
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James Mauldin, Ebenezer Titus, Samuel Barton, Andrew Ewin, Constituting themselves into a Committee, for pur- poets aforesaid, by voluntarily taking the following oath,
"'I, A. B., do solemnly swear that, as a member of the Committee, I will do equal right and justice, according to the best of my skill and judgment, in the decisions of all causes that shall be laid before me, without fear, favor, or partiality. So help me God !'
" The Committee so constituted proceeded to elect An- drew Ewin to be their Clerk, John Montgomery to be Sheriff of the district, and Colonel James Robertson to be their Chairman. And to fix the Clerk's fees."
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