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Cumberland
Compact of 1780
Articles
of agreement entered into by settlers on the Cumberland River, 1st
May 1780.
(First
page missing. Second and third pages damaged.)
priority
of right shall be determined as soon [as] . . . veniently may be,
in the following manner . . . Say; The free Men of this Country
over the age . . . one Years shall immediately or as soon as may
. . . proceed to elect and choose twelve Conscientious and de .
. . persons, from or out of the different Stations. That is . .
. say, from Nashborough three from Gaspers two, . . . Bledsoes one,
Ashers one, stones River one, . . . Freelands one, Eatons two, Fort
Union one . . . Which said persons or a majority of them, after
being bound by the soliminity of an Oath to do equal and impartial
Justice between all contending parties, according to the . . . of
their skill and Judgment, having due . . . to the Regulations of
the Lan . . . shall be competent Judge . . . hearing the Allegations
. . . Wittnesses as to the facts . . . as to the truth of the fa
. . . decide the controversie, an . . . entitled to an entry for
such . . . said determination or decision . . . and conclusive,
against the futu . . . partie, against whom such Judg . . . and
the Entry Taker shall make a . . . . . . his Book accordingly and
the Entry . . . . . . ing partie so cast shall be, . . . if it had
never been made, and the Land is dispute . . . to the person in
whose favour 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 to which such person or persons belong
or was chosen from, shall proceed to Elect another or others in
his or thier 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 Ch . . .
. at the first Election -
That
the entry Book shall be kept fair and open by . . . . be appointed
by the said Richard Hender . . . . try for Land numbered and dated
. . . . ving any blank leaves or spaces . . . . on of the said twelve
Judges . . . . Times - - -
. . .
. ny persons have come to this Cou . . . . Husbandry, and from other
. . . . return without making a Crop, . . . . this fall or early
next spring . . . . that all such should have the . . . . of such
places as they may have . . . . for the purpose of residence, therefore
it is . . . . be taken for all such, for as much . . . . 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 labourer or labourers
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 debar' d of their
choice or claim on account of the right of any such absent or returning
person or persons--It is further proposed and agreed, that no claim
or title to any Lands 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 association and agreement; and that when any person hereafter
shall mark or improve Land or Lands for himself such mark or improvement
not shall avail him, or be deemed an 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 per . . . . shall
be entitled to such Land 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 to act in their stead,
having due respect to the number now agreed to be elected at each
Station, which persons so to be chosen shall have the same power
with those in whose room or place they are or may be chosen to act.
That
as no consideration money for the Lands on Cumberland River within
the claim of the said Richard Henderson and Company and which is
the subject of this association, 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 hundred Acres,
the price proposed by the said Richard Henderson 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, an . . . . 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
when 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 have lived
to obtain a grant in their own name. And if such death be occasioned
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 Surveyors and other incidental Fees excepted.
And whereas
from our remote situation and want of proper officers for the administration
of Justice no regular proceedure at Law can be had for the punishment
of offences and 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 Jurisdiction for the recovery of any debt or damages or
where the cause of action or complaint has arisen or hereafter shall
commence, for any thing done or to be done among ourselves within
this our settlement on Cumberland aforesaid or in our passage hither,
where the Law of our Country could not be exercised or damages repaired
any other way, That is to say, in all cases where the 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 controversie, but if for a large sum
and either partie shall be dissatisfied with the Judgment or decission
of such Court they may have an appal to the whole twelve Judges
or triers in which case nine members shall be deemed a full Court,
whose decission if seven agree in one opinion upon 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 or collected
with the debt or damages so to be awarded.
And it
is furthered agreed that a majority of the said Judges, Triers or
General Arbitrators shal have power to punish in their discretion,
having respect to the Laws of our Country, all offences against
the peace misdemeanours and those Criminal or of a Capitol nature,
provided such Court does not proceed with execution so far as to
effect 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 sufficient evidence
or proff 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 offence was or shall be committed or where Legal
trial of such offence can be had which shall accordingly be done,
and the reasonable expence attending the discharge of this duty
assertained by the Court and paid by the Inhabitants in such proportion
as shall be hereafter agreed on for that purpose - -
That
as this settlement is in its infancy unknown to Government and not
included within any County in North Carolina the State to which
it belongs so as to derive the advantages of those wholesome and
salutary Laws for the protection and benefit of its Citizens, we
find ourselves 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 Action 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 Arbitrators so to be chosen
and established by this our Association.
That
as the well being of this Country entirely depends under Divine
providence on unanimity of sentement and concurrence in measures,
and as clashing and various Interests passions, and opinions without
being under some restraint will most certainly produce confusion,
discord and allmost certain ruin, so we think it our duty to associate
and hereby form ourselves into one society for the befneift of present
and future settlers, and untill 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 declare and promise
each other that we will faithfully and punctually adhere to, perform,
and abide by this our Association and will at all times if need
be, compel by our united force a due obedience to these our Rules
and Regulations. In Testimony whereof we have hereunto subscribed
our names in token of our entire approbation of the measures adopted.
The following
or additional resolutions and farther association was also entered
into at Nashborough this thirteenth 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 name as if they were of full age,
and in that case not be reckoned in the Family of his Father Mother
or Master so 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
charactres 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 convenient
Tree, or other durable substance, in order to notifie his intentions
to all such as may enquire 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 indifferent 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
according 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
thence forward 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 receive 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
before 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 as with respect to Lands as other matters which may come
before them in consequence of these our resolutions.
It is
also firmly agreed and resolved that no Person shall be admitted
to make an Entry for any Lands 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 agreement
unless it be for persons who have returned home and are permitted
to have lands reserved for their use untill 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 become 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 allmost
daily massacre of some of our Inhabitants renders it absolutely
necessary for our safety and defence that due obedience be paid
to our respective officers elected and to be elected at the several
Stations or settlements 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 Officer, 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 reasonable, and also
may impress the Horse or Horses of any person or persons whomsoever,
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 proportion
as the Committee hereby appointed or a majority of them shall direct
and order; but if any person shall be agrieved or think himself
unjustly used and injured by the fine or finds so imposed by his
official Officers such Person may appeal 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 there on as they
may think Just and reasonable, which decission shall be conslusive
on the partie complaining as well as the Officer or Officers inflicting
such fine, and the money arising from such fines shall be carefully
applyed for the benefit of such Fort or Station in such manner as
the said Arbitrators shall hereafter 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 Interest of our Country and
obedience to the Laws and constitution thereof: setting forth that
we are confident that our settlement is not within the bounds 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 lands
or Teritories whereon we reside and therefore 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 expence of the present war or other contingent
charges of Government -- That we are from our remote situation utterly
destitute of the benefit of the Laws of our Country, and exposed
to the depredations of the Indians without any justifiable or effectual
means of embodying our Militia or defending ourselves against the
hostile attempts of our enemy - praying and imploring the immediate
aid and protection of Government by erecting a County to include
our settlements, appointing proper Officers for the discharge of
public duty. Taking into consideration 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
| Richd
Henderson |
Spill
Coleman |
Wm
Burgess |
| Nathl
Hart |
Saml McMurray |
William
Green |
| Wm
H. Moore |
P.
Henderson |
Moses
Webb |
| Samuel
Phariss |
Edward
Bradley |
Abselom
Thomson |
| Jno
Donelson. |
C.
Edwd Bradley |
John
McVay |
| Gasper
Mansker |
Jas.
Bradley |
James
Thomson |
| John
Caffery |
Michael Stoner |
Charles
Thomson |
| Jno
Blackemore Senr. |
Joseph
Mosely |
Robert
Thomson |
| John
Blakemore Junr. |
Henry
Guthrie |
Martain
Hardin |
| James
Shaw |
Francis
Armstrong |
Elijah Thomson |
| Samuel
Deson |
Robert
Lucas |
Andrew
Thomson |
| Samuel
Marten |
Js.
Robertson |
Wm
Leaton |
| James
Buchanan |
George
Freland |
Edward
Thomelu |
| Solomon
Turpin |
James
Freland |
Isaac
Drake |
| Isaac
Rentfro |
John
Tucker |
Jonathan
Jenings |
| |
Peter
Catron |
Zachariah
Greer |
| Robert
Cartwright |
Philop
Catron |
Andrew
Lucas |
| Hugh
Rogan |
Francis
Catron |
James
X. Patrick |
| Joseph
Morton |
John
Dunham |
Richd.
Gross |
| William
Woods |
Isaac Johnson |
John
Drake |
| David
Mitchell |
Adon Kelar |
Daniel
Turner |
| David
Shelton |
Thos.
Burgess |
|
| Timothy
Terel |
James
Espey |
Peter
Luney |
|
Isaac
Lefever
|
Michael
Kimberlin |
Jon
Luney |
| Thomas
Fletcher |
John
Cowan |
James
Cain |
|
Samu'l
Barton
|
Francis
Hodge |
Danl.
Johnston |
| James
Ray |
William
Fleming |
Danl.
Jarrot |
|
Thomas
Denton
|
James
Leeper |
Jesse
Maxey |
| Thomas
Hendricks |
George
Leeper |
Noah
Hawthorn |
| John
Holloday |
Daniel Mungle |
Charles
McCartney |
|
Frederick
Stump
|
Patrick
McCutchan |
John
Anderson |
| William
Hood |
Saml.
McCutchan |
Matthew
Anderson |
| John
Boyd |
Wm
Price |
Wm.
McWhorter |
| Jacob
Stump |
Henry
Kerbey |
Bartnet
Hainey |
|
Henry
Hardin
|
Joseph
Jackson |
Richd.
Sims |
| Richard
Stanton |
Daniel
Ragsdil |
Titus
Murray |
| Sampson
Sawyers |
Michael
Shaver |
James
Hamilton |
| John
Hobson |
Samuel
Willson |
Henry
Daugerty |
| Ralph
Wilson |
John
Reid |
Zach
White |
|
James
Givens
|
Joseph
Daugherty |
Burgess
White |
| Robert
Givens |
George
Daugherty |
William
Calley |
| Jas.
Harrod |
Chas.
Cameron |
James
Ray |
| James
Buchanan Sr. |
W.
Russell Junr. |
William
Ray |
| William
Geioch |
Hugh
Simpson |
Perley
Grimes |
| Saml.
Shelton |
Samuel
Moore |
Samuel
White |
| John
Gibson |
Joseph
Denton |
Daniel
Hogan |
|
Robert
Espey
|
Arthur McAdoo |
|
| George
Espey |
James
McAdoo |
|
| William
Gowen |
Nathl.
Henderson |
|
| John
Wilson |
John Evans |
|
| |
Wm.
Bailey Smith |
|
Thos.
Hines
|
D.d.
Williams |
John
Crow |
| Robert
Goodloe |
John
McAdams |
William
Summers |
| Thos.
W. Alston |
Samson Williams |
[illegible
- Santsisiy?] |
|
Wm.
Barret
|
Thomas Thompson |
|
| Thomas
Shannon |
Martin
King |
Ambs.
Mauldin |
| James
Moore |
Wm.
Logan |
Morton
Mauldin |
| Edward
Moore |
John
Allstead |
John
Dukham |
| Richd.
Moore |
Nicholas
Counrod |
Archelaus
Allaway |
|
Saml.
Moore
|
Evin
Evins |
Samuel
Hayes |
| Elijah
Moore |
Jonathan Evins |
Nathl.
Hayes |
| John
Moore |
Thomas
|
Isaac
Johnson |
| Demsey
Moore |
Joshua
Thomas |
Thomas
Edmeston |
| Andrew
Ewin |
David
Rounsavall |
Ezekl.
Norris |
|
Ebenezer
Titus
|
Isaac
Rounsavall |
William
Purnell |
| Mark
Roberson |
James
Crocket |
Wm.
McMurrey |
| John
Montgomery |
Andrew
Crocket |
John
Condry |
| Charles
Campbill |
Russell
Gower |
Nicolas
Tramal |
| William
Overall |
John
Shannon |
Haydon
Wells |
|
John
Turner
|
David
Shannon |
Daniel
Ratletf |
| Nathaniel
Overall |
Jonathan
Drake |
John
Callaway |
| Patrick
Quigley |
Benjaming
Drake |
John
Pleak |
| Josias
Gamble |
John
Drake |
Willis
Pope |
| Saml
Newell |
Mereday
Rains |
Silas
Harlan |
|
Joseph
Reid
|
Richd
Dodg |
Hugh
Leeper |
| David
Maxwell |
James
Green |
Harmon
Consellea |
| Thos.
Jefriss |
James
Cooke |
Humphrey
Hogan |
| Joseph
Dunnagin |
Daniel
Johnston |
James
Foster |
| John
Phelps |
Geo.
Mines |
Wm.
Morris |
|
Andrew
Bushongs
|
George
Green |
Nathaniel
Bidkew |
| Daniel
Ragsdell |
William
More |
|
| Jno.
McMyrty |
Jacob
Cimberlin |
|
| |
Robert
Dockerty |
|
| A.
Tatom |
|
|
|
William
Hinson
|
|
|
| Edmund
Newton |
|
|
| Jonathan
Green |
|
|
| John
Phillips |
|
|
| George
Flynn |
|
|
| Daniel
Jarrott |
|
|
|
John
Owens
|
|
|
| James
Freland |
|
|
| Thos.
Molloy |
|
|
| Isaac
Lindsey |
|
|
| Isaac
Bledsoe |
|
|
| Jacob
Castleman |
|
|
| George
Power |
|
|
| James
Lynn |
|
|
| Thomas
Cox |
|
|
|
Edward
Lucas
|
|
|
| Philip
Alston |
|
|
| James
Russell |
|
|
|
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