HENDERSON ESTABLISHES A LAND OFFICE.

45

of the gentlemen of the bar, and in a riotous manner went into the courthouse and forcibly carried out and cruelly beat some of the attorneys. Judge Henderson, finding it impossible to hold court, left Hillsboro in the night. The troubled times shut up the courts."

Such are the antecedents of the bold and adventurous spirit who conceived and planned the gigantic enterprise of purchasing, through an only remaining and shadowy Indian title, over two-thirds of the territory of Kentucky, of colonizing it with emigrant settlers, and of founding on its jurisdiction a sovereignty of government midway between the claims of Great Britain on the north, of colonial Virginia on the east, and of the Spanish Government on the south and west. The impending declaration of independence by the thirteen colonies, and the issues of the inevitable war of the Revolution, made a golden opportunity of the hour and the occasion, and Henderson and his associates hazarded fifty thousand dollars on the purchase of the seventeen millions of acres.

Colonel Henderson, soon after his arrival in the spring of 1775, opened a land office at Boonesborough, and began the issuance of warrants, or orders of survey, under the purchased title and in the name of the "Proprietors of the Colony of Transylvania." The price of lands, until June 1, 1776, was fixed at thirteen and one-third cents per acre. Besides this there was an annual quit-rent of half a cent per acre reserved, but not to begin until 1780. At these rates, any settler before June, 1776, was privileged to take up not over six hundred and forty acres for himself, and for each taxable person he might take with him and settle there, three hundred and twenty acres more. Any person who should not immediately settle might buy not over five thousand acres at seventeen cents per acre.1

The effect of these provisional measures was to encourage and largely increase the little stream of immigration that had set in during this spring to Kentucky. It is estimated that there were about three hundred men at and in the vicinity of Boonesborough, St. Asaphs, Harrodsburg, and other points. convenient, by June. The title of Henderson & Company seems to have been at first very generally recognized, though there was manifested some jealousy and dissatisfaction at what was deemed usurpation. By December following no less than five hundred and sixty thousand acres of land were entered in the company's office at Boonesborough. All mineral lands were

reserved by the company, and in every deed the grantee bound himself to pay "one moiety or half part of all gold, silver, copper, lead, or sulphur mines, etc."

Butler says: "Had this company retained its title, Kentucky would, within their jurisdiction or purchase, have been under a quit-rent forever. The penalty for default of paying the annual rent was a forfeiture of the land, and the right reserved by the company to re-enter said land and regrant the same to any other person. It is much to be doubted whether the high

temper of the Western people would have submitted to a state of things which had been a constant source of heart-burnings in the elder colonies. At the same time, in justice to this great company, it must be observed that it furnished, although for sale, all the supplies of gunpowder and lead with which the inhabitants defended themselves and their families. Indeed, the books of Henderson & Company exhibit accounts for these articles with all the inhabitants of the country, in the years 1775-6, while they are credited with various items, as cutting the road to Cantuckey, hunting and ranging, etc. The prices of articles in these accounts afford some curious comparisons with those of the present times. Powder was charged at two dollars and sixty-six cents per pound, and lead at a shilling, while labor was credited at thirty-three or fifty cents per day for ranging, hunting, or working on roads. These accounts remain unclosed upon the books in every instance, showing a condition of no little indebtedness for the colonists of Transylvania to the great proprietors."

We can not make this episode of our history, which records the first attempt at an independent government westward of the Alleghanies, more interesting than to quote from Henderson's journal, embracing the brief incidents of its formation, and which introduces us very naturally to the living details of incidents which characterized the men and events of the day:

"Wednesday, May 3, 1775.-Captain John Floyd arrived here, conducted by one Joe Drake, from a camp on Dick's river, where he had left thirty of his company from Virginia, and said that he was sent by the company to know on what terms they might settle our lands. Was much at a loss on account of this gentleman's arrival and message, as he was surveyor of Fincastle county under Colonel Preston (a rival jurisdiction).

"Sunday, May 7th. -Went into the woods after a stray horse; staid all night, and on our return found Captain Harrod and Colonel Slaughter, from Harrodstown, on Dick's river. It is, in fact, on Salt river, and not on Dick's river. Slaughter and Harrod seemed very jocose, and in great good humor.

"Monday, 8th.-Was very much embarrassed by a dispute between the above. The last-mentioned gentleman, with about forty men, settled on Salt river last year (1774), was driven off by Indians, joined the army under Colonel Lewis that fought the battle of Point Pleasant, October 10th, with thirty of his men, and being determined to live in this country, had come down this spring from the Monongahela, accompanied by about fifty men, most of them young men without families. They had come on Harrod's invitation, and had possession some time before we got here.

"After much dispute about the respective claims of Slaughter and Harrod for lands to be apportioned to their respective companies, in order to divert the debate on this irritating subject, a plan of government by popular representation was proposed.

COLONEL HENDERSON'S JOURNAL.

47

"The reception this plan met with from these gentlemen, as well as Captain John Floyd, a leading man on Dick's river, gave us great pleasure, and therefore we immediately set about the business.

"Appointed Tuesday, May 23d, at Boonesborough, for the meeting of delegates, and accordingly made out writings for the different towns or settlements to sign. For the want of a little obligatory law, or some restraining authority, our game soon-nay, as soon as we got here, if not before-was driven off very much. As short a distance as good hunters thought of getting meat was fifteen or twenty miles; nay, sometimes they were obliged to go thirty miles, though by chance, once or twice a week, buffalo was killed within five miles of the camp. The wanton destruction of game gives great uneasiness.

"Saturday, May 13th.-No scouring of floors, sweeping of yards, or scalding bedsteads here.

"About fifty yards from the river (Kentucky), behind my camp, and a fine spring a little to the west, stands one of the finest elms that perhaps nature has ever produced. The tree is produced on a beautiful plain, surrounded by a turf of fine white clover, forming a green to the very stock. The trunk is about four feet through to the first branches, which are about nine fect from the ground. From thence, it regularly extends its large branches on every side, at such equal distances as to form the most beautiful tree the imagination can suggest. The diameter of the branches from the extreme ends is one hundred feet, and every fair day it describes a semicircle on the heavenly green around it of upwards of four hundred feet in circuit. At any time between the hours of ten and two, one hundred persons may commodiously seat themselves under the branches. This divine tree, or rather, one of the many proofs of the existence from all eternity of its Divine Author, is to be our church and council chamber. Having many things on hands, we have not had time to erect a pulpit and seats, but hope, by Sunday sevennight, to perform divine service in a public manner, and that to a set of scoundrels who scarcely believe in God or fear a devil, if we are to judge from most of their looks, words, or actions.

"Tuesday, May 23d.-Delegates met from every town (Harrodsburg, Boiling Spring, St. Asaphs, and Boonesborough), pleased with their stations, and in great good humor.

"Wednesday, 24th.-Convention met (under the divine elm) for the colony of Transylvania; sent a message acquainting me that they had chosen Colonel Slaughter chairman, and Matthew Jewett clerk, of which I approved, and went and opened business by a short speech.

"Saturday, 27th.-Finished the convention in good order. Everybody pleased.

"Sunday, 28th.-Divine service, for the first time in Kentucky, was performed by the Rev. John Lythe, of the Church of England. Most of the delegates returned home.

"Monday, June 5th.-Made out commissions for Harrodsburg, Boiling Spring settlement, and St. Asaphs, both military and civil.

"Friday, 16th.-Continue eating meat, without bread.

"Saturday, 17th.-Michael Stoner, our hunter, not returned; was expected yesterday. No meat."

166

There is preserved to us a copy of the original 1" Journal of the Proceedings of the House of Delegates or Representatives of the Colony of Transylvania. begun on Tuesday, the 23d of May, in the year of our Lord, 1775, and in the fifteenth year of the reign of his Majesty, King of Great Britain."

From this journal, we quote: "It being certified to us here this day, by the secretary, that the following persons were returned as duly elected for the several towns and settlements, to-wit: For Boonesborough-Squire Boone, Daniel Boone, William Cocke, Samuel Henderson, William Moore, and Richard Callaway; For Harrodsburg-Thomas Slaughter, John Lythe, Valentine Harman, and James Douglas; For Boiling Spring-James Harrod, Nathan Hammond, Isaac Hite, and Azariah Davis; For St. Asaphs-John Todd, Alexander Spottswood Dandridge, John Floyd, and Samuel Wood. All answering on roll-call at the assembling of the delegates, with the exception of William Cocke, the House unanimously chose Thomas Slaughter chairman and Matthew Jewett clerk. After divine service was performed by Rev. John Lythe, the Assembly formally proceeded to business."

On the 25th to the 27th, the following bills were passed and signed by the proprietors of Transylvania on behalf of the company, and by the chairman, Colonel Thomas Slaughter, on behalf of himself and the other delegates:

First-An act for establishing courts of judicature, and regulating the practice therein.

Second-For regulating the militia.

Third-The punishment of criminals.

Fourth-To prevent profane swearing and Sabbath-breaking.

Fifth-For writs of attachment.

Sixth-Ascertaining clerks' and sheriffs' fees.

Seventh-To preserve the range.

Eighth-Improving the breed of horses.

Ninth-For preserving game.

Then it was "Ordered: That the convention be adjourned until the first Thursday in September next, to meet at Boonesborough."

By far the most ominous proceeding of the convention was the action of a committee appointed to determine the compact between the proprietors of Transylvania and the people, which was drawn and signed as follows:

"WHEREAS, It is highly necessary for the peace of the proprietors 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

1 Henderson's Journal.

TRANSYLVANIA COMPACT WITH THE PEOPLE.

49

Hart, and John Luttrell, on behalf of ourselves and the other proprietors of the colony of 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 and agreement, to-wit:

"First-That the election of delegates in this colony be annual.

"Second-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 be not in attendance, they may dissolve them and call a new one.

"Third-That to prevent delay of business and dissension, one proprietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony.

"Fourth-That there be perfect religious freedom and toleration, provided, that the propagation 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.

"Fifth-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.

"Sixth-That the quit-rents never exceed two shillings per hundred

acres.

"Seventh-That the proprietors appoint a sheriff, who shall be one of three persons recommended by the court.

"Eighth-That the judges of the superior court have, without fee or reward, the appointment of the clerks of this colony.

"Ninth―That the judges of the inferior courts be recommended by the people and approved of by the proprietors, and by them commissioned. "Tenth-That all other civil and military officers be within the appointment of the proprietors.

"Eleventh-That the office of surveyor-general belong to no person interested or a partner in this purchase.

"Twelfth―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 proprie

tors.

"Thirteenth-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.

"Fourteenth-That the land office be always open.

"Fifteenth-That commissions without profit be granted without fee. "Sixteenth-That the fees and salaries of all officers appointed by the proprietors be settled and regulated by the laws of the country.