xt74f47gqs6f https://exploreuk.uky.edu/dips/xt74f47gqs6f/data/mets.xml Clark, Walter, 1846-1924.  Other Author(s): Henderson, Richard, 1735-1785. 1903  books b929769c54922009 English E.M. Uzzell & Co., Printers : Raleigh, N.C. Contact the Special Collections Research Center for information regarding rights and use of this collection. Kentucky --History. Transylvania Colony. The colony of Transylvania. text The colony of Transylvania. 1903 2009 true xt74f47gqs6f section xt74f47gqs6f 


The Trial of James Glasgow, and the Supreme Court of North Carolina.

Some Aspects of Social Life in Colonial North Carolina.

Charles Lee Raper, Ph. D. Was Alamance the First Battle of the Revolution?

Mrs. L. A, McCorkle.

Historic Homes in North Carolina   Panther Creek, Clay Hill-on-the Neuse, The Fort.

Mrs. Hayne Davis, Miss Mary Hilliard Hinton, Mrs. R. T. Lenoir. Governor Charles Eden.

Mr. Marshall DeLancey Haywood. The Colony of Transylvania.

Judge Walter Clark.

Social Conditions in Colonial North Carolina: An Answer to Colonel William Byrd, of Westover, Virginia.

Alexander Q. Holladay, LL. D. Historic Homes in North Carolina   Quaker Meadows.

Judge A. C. Avery. The Battle of Moore's Creek.

Prof. M. C. S. Noble.

One Booklet a month will be issued by the North Carolina Society of the Daughters of the Revolution, beginning May, 1903. Price, $1 per year.


"Midway Plantation,"

Raleigh, N. C.

Arrangements have been made to have this volume of the Booklet bound in Library style for 50 cents. Those living at a distance will please add stamps to cover cost of mailing. State whether black or red leather is preferred.




   VOL. Ill






E. M. Uzzell. & Co., Printers and Binders 1903 

regent i




honorary regents:

MRS. SPIER WHITAKER, (Nee Fanny DeBerniere Hooper),

MRS. D. H. HILL, Sr.







Founder of the North Carolina Society and Regent 1896-1902: MRS. SPIER WHITAKER.

Regent 1902: MRS. D. H. HILL, Sr. 

The object of the North Carolina Booklet is to erect a suitable memorial to the patriotic women who composed the "Edenton Tea Party."

These stout-hearted women are every way worthy of admiration. On October 25, 1774, seven months before the defiant farmers of Mecklenburg had been aroused to the point of signing their Declaration of Independence, nearly twenty months before the declaration made by the gentlemen composing the Vestry of St. Paul's Church, Edenton, nearly two years before Jefferson penned the immortal National Declaration, these daring women solemnly subscribed to a document affirming that they would use no article taxed by England. Their example fostered in the whole State a determination to die, or to be free.

In beginning this new series, the Daughters of the Revolution desire to express their most cordial thanks to the former competent and untiringly faithful Editors, and to ask for the new management the hearty support of all who are interested in the brave deeds, high thought, and lofty lives of the North Carolina of the olden days.

Mrs, D. H. Hill. 


Editor " North Carolina State Records " and " Regimental Histories of North Carolina."

In the army of the ill-fated Braddock, which, in 1755, marched to its memorable defeat in the mountains of western Pennsylvania, were a hundred North Carolina frontiersmen under Captain Hugh Waddell. Their wagoner and blacksmith, a native of Pennsylvania, but who had then for some years been a resident of what is now Davie county, North Carolina, was Daniel Boone,* at that time twenty-one years of age. In the following years he made the acquaintance of Colonel Richard Henderson, who, struck with Boone's intelligence and the opportunity for fortune offered by the new lands south of the Ohio, since known as Kentucky, organized a company, and employed Boone in 1763 to spy out the country, f The task was one of hardship and danger, and years passed before it took final shape. Boone is known to have made one of his visits to Kentucky in 1769, and was probably there earlier. In 1773 he again attempted to enter Kentucky, carrying his family, but was driven back, with the loss of six men killed by the Indians, among them his eldest son, at Wallen's Gap.

Under the North Carolina Judiciary Act of 1767, Martin

*Thwaites' "Life of Boone," 21.

fHaywood's "Tennessee," 48 (Ed. of 1891). 

Howard was appointed Chief Justice, 1 March, 1768, with Maurice Moore and Richard Henderson associates, positions which they held until 1773, when the law expired and the courts were closed till another Judiciary Act was passed by the new government in 1777. It is possible that as Henderson and his associates had employed Boone in 1763 that Henderson's appointment to the judgeship prevented prompt action, for we find that soon after the expiration of his office Henderson and Nathaniel Hart, one of his partners in the proposed land scheme, journeyed in October, 1774,to"the Otari towns to open negotiations with the Cherokees for the grant of suitable territory. The Indians very cautiously deputed one of their chiefs, called the "Little Carpenter/' to return with the white men and examine the goods offered. This chief returned to his tribe with a favorable report in January, 1775, and the Overhill Cherokees were bidden to assemble at the Sycamore Shoals of the Watauga. The order to assemble was given by the head chief, Oconostata, a very old man, famous for his prowess in war with the whites. At the appointed rendezvous, on 17 March, 1775, the treaty was signed by Oconostata and two other chiefs, Savanookoo and the Little Carpenter (Atta Culla-Culla), in the presence and with the assent of 1,200 of the tribe, half of them warriors.* In consideration of   12,000 in goods, the Indians granted to Henderson and his associates all the lands lying between the Kentucky and the Cumberland rivers, embracing over half of what is now Kentucky and part of Tennessee.   The treaty was debated

*Roosevelt's "Winning of the West," Part II, Chapter 2. 

sentence by sentence, the Indians choosing their own interpreter. It was only signed after four days' minute discussion and after fierce opposition from a chief known as Dragging Canoe. The goods must have been put at a high valuation, for one brave who received as his share only a shirt contemptuously said he could secure more with his rifle in one day's hunting. On the other hand, the Indians received full value, for they had in truth no title to convey, and they plainly told Henderson he would have great trouble to obtain or hold possession on account of other tribes. The territory was not occupied and owned by the Cherokees, nor, indeed, by any tribe, but was a battle-field, where hostile bands met to fight out their quarrels. Besides, as we shall see later on, neither the British government nor the authorities of Virginia or North Carolina would recognize the authority of the Indians to convey. None the less the plan of Henderson and his associates was a, bold, audacious dash for fortune. He at once named his acquisition Transylvania.

Judge Richard Henderson, the moving spirit of the enterprise, was born in Hanover county, Va,, 20 April, 1735. His ancestors by his father's side were from Scotland and his mother's people (Williams) were Welsh. He accompanied his father, Samuel Henderson, to Granville county, N. C, about 1745, where his father later became Sheriff. Richard Henderson studied law with his cousin, Judge John Williams, whose step-daughter, Elizabeth Keeling, he afterwards married. Besides being Judge 1768-1773, he was re-elected Judge 

14 August, 1778, but declined. In 1778 and 1782 he was a member of the Council of State, and in 1781 a member of the House of Commons for Granville county.

The company formed by Judge Henderson to buy the Indian lands consisted of himself, John Williams (later Judge) and Leonard H. Bullock of Granville, William Johnston, James Hogg, Thomas Hart, John Lutterell, Nathaniel Hart and David Hart, of Orange county. The Harts were near kinsmen of Thomas Hart Benton, who was also born in Orange county. Thomas Hart, his grandfather, and J esse Benton, his father, were among the colonists who accompanied Judge Henderson to Boonesborough.

A full account of the treaty and the incidents attending its negotiation and ratification are to be found in the proceedings of the Virginia Convention, 1777, taken upon the memorial of Richard Henderson and others, and is preserved to us in the Jefferson MSS., 5th Series, Vol. VIII. The British spy, Captain J. F. D. Smyth, in his "Tour in America," Vol. I, p. 124, visited John Williams at his home in Granville about December, 1774, where he met Judge Henderson, whom he lauds as a genius, and says he did not know how to read and write till after he was grown. As Henderson became Judge at the age of thirty-three, and as, besides, Smyth styles him Nathaniel Henderson, and adds that Williams was said to be a mulatto, and looked like one, no faith is to be given to any of his statements. He, however, says probably with truth (p. 126) that Judge Henderson had made a secret pur- 

chase of territory from the Indians before his public treaty later on.

As soon as it became apparent that the Indians would sign the treaty, Henderson started Boone on ahead, on 10 March, 1775, with a company of thirty men to clear a trail from, the Hols ton to the Kentucky. This was the first regular path opened into the wilderness, was long known as Boone's Trace, and became forever famous in Kentucky history as the Wilderness Road. It led over Cumberland Gap and crossed Cumberland, Laurel and Rockcastle rivers at fords which required swimming when the streams were in freshet. It was a narrow bridle path, chopped out in the wilderness and thickets, and a blazed way in the tall open timber. After a fortnight's hard work the party had almost reached the Kentucky river, when, before daybreak on 25 March, as they lay around their dying camp fires, they were attacked by Indians, who killed two of their number and wounded a third. The hardy pioneers held their ground without further loss till daylight, when the Indians drew off. Boone held on his course till he reached the Kentucky river, and on 1 April began to build Boonesr borough on an open plain, where there was a salt lick and two sulphur springs. His small force had scarcely erected their log cabins and broken ground for corn planting when the Indians they had already fought returned with reinforcements and "killed and sculped," as Boone termed it, several men. The rest would have abandoned the settlement, but Boone was made of sterner stuff and sent a special messenger to Henderson to hurry him forward with the main body. 

Boone's terse and common-sense letter has been published and is mentioned in Henderson's journal below given.

Henderson had started off as soon as the treaty was completed, and took with him forty mounted riflemen and a number of negro slaves, a drove of beef cattle and a train of wagons loaded with provisions, ammunition, material for making gunpowder, seed corn and other seed, and various articles of necessity for his intended settlement; but he was obliged to leave the wagons in Powell's Valley, for Boone had not been able to construct more than a bridle path. Accordingly their goods and implements were packed on horses and they proceeded. Besides the journal which Henderson kept, a man named William Calk jotted down the daily incidents of the journey in his diary, which has also been printed, numerous extracts from which, some of them amusing, are given in President Roosevelt's "Winning of the West," Part II, ch. 2. The party carried with them "Irish tators" to plant, among the agricultural supplies, besides bacon and corn meal, and one of the driven beeves was occasionally killed, though their chief dependence for subsistence was the deer, turkeys, buffalo and other game which they shot. The journey was very painful and much impeded by rains, snow, the often steep and muddy path, swollen streams and hourly peril of attack from Indians. On 7 April, at Cumberland Gap, they met Boone's special messenger, and time and again they met panic-stricken parties of other intending settlers returning home in all haste. Henderson sent an encouraging reply by one of his party, Captain Cocke, who volunteered for this dangerous service, and 

who later was one of the first United States Senators from Tennessee. But for the establishment of the fort at Boonesborough, Kentucky would have been entirely abandoned by the whites in 1775, just as it had been the previous year. Had this occurred again in 1775, Kentucky would have doubtless been entirely unsettled until after the Revolution, and might have remained British soil. To Boone and Henderson is due the fact that this did not happen, but they could not have held their ground, in all probability, had it not been for the defeat which had been inflicted on Cornstalk and his confederacy of Indians at the battle of the Great Kanawha, or Point Pleasant, in the October previous, by General Lewis,

Felix Walker,* one of Boone's party, thus describes in his narrative, which is still in existence, the arrival at the future site of Boonesborough: "On entering the plain we were permitted to view a very interesting and romantic sight, A number of buffaloes, of all sizes, supposed to be between two and three hundred, made off from, the lick in every direction: some running, some walking, others loping slowly and carelessly, with young calves playing, skipping and bounding through the plain. Such a sight some of us never saw before, nor perhaps ever may again."

Henderson, in the meantime, as already stated, was pushing on with his party, and arrived, with the loss of some panic-stricken deserters, at Boonesborough on his fortieth birthday, 20 April, 1775, the day after the battle of Lexing-

Later member of Congress from North Carolina, for three terms. 

ton, which began the Revolutionary War, an event, however, of which he did not hear till 29 May. His journal on this memorable trip, from 20 March, 1775, and afterwards down to 25 July, is well worth preservation, and is here given:


Monday, March 20th, 1775.   Having finished my treaty with the Indians at Watauga, set out for Louisa, and arrived at John Shelby's in the evening.

Tuesday, 21st.   Went to Mr. John Sevier's, in company of Colonel Williams and Colonel Hart, and staid that day.

Wednesday, 22d.   Messrs. Williams and Hart set off home, and I staid with Mr. Sevier.

Thursday, 23d.-   Still at Mr. Sevier's. N. B.   Because our horses were lost, though not uneasy, as Messrs. Hart and Luttrell made a poor hand of traveling.

Friday, 24th.   Set off in pursuit of Mr. Hart and Luttrell. Overtook them both and lodged at Captain Bledsoe's.

Saturday, 25th.   Came to Mr. Calloway's.

Sunday, 26th.   Staid there.

Monday, 27th.   Employed in storing away goods. Tuesday, 28th.   Set off for Louisa.

Wednesday, 29th.   Continued our journey. 1ST. B.   Luttrell not come up.

Thursday, 80th.   Arrived at Captain Martin's in Powell's Valley.

Friday, 31st.   Employed in making a house to secure the wagons, as we could not possibly clear the road any farther. N. B.   My wagon and Samuel Henderson's came up; also Mr. Luttrell in the evening.

Saturday (April) 1st (1775).   The first day of April. Employed in making ready for packing, etc.   Mr. Hart came up.

Sunday, 2d.   Continued at Captain Martin's, waiting for the wagon.

Monday, 3d.   Still continued waiting for the wagon.

Tuesday, Jfth.   Still continued waiting for the wagon. The same evening the wagon arrived, though so late we could not proceed. 

Wednesday, 5th.   Started off with our pack-horses about three o'clock. Traveled about five miles to a large spring. The same evening Mr. Lut-trell went out hunting and has not yet returned. The same evening Samuel Henderson's and John Farrar's horses took a scare, with their packs, running away with the same, saddle and bridle. Farrar's saddlebags and other things damaged. Next morning Samuel Henderson and Farrar went in pursuit of their horses, saddles, etc. The same evening John Farrar returned to our camp with news that they had found all their goods, but two of their horses were missing.

Thursday, 6th.   Sent John Farrar back with provisions to meet and assist Samuel Henderson, with orders to stay with him till they overtook us, as we promised to wait for them at Cumberland Gap.

Friday, 7th (probably Saturday, 8th).   Samuel Henderson and John Farrar returned to us with their horses, packs and everything safe, we having waited at our camp, ten miles below Martin's, for them.

(Without date).   Traveled about six miles to the last settlement in Powell's Valley, where we were obliged to stop and kill a beef. Wait for Samuel Henderson. This was done (namely, "killing the beef") whilst waiting for Samuel Henderson.

Friday, 7th.   About break of day, began to snow. About eleven o'clock received a letter from Mr. Luttrell's camp, that there were five persons killed on this road to the Cantuckee by the Indians. Captain Hart, upon the receipt of this news, retreated back with his company and determined to settle in the Valley to make corn for the Cantuckey people. The same day received a letter from Dan. Boone that his company was fired upon by the Indians, (who) killed two of his men, though he kept the ground and saved the baggage, etc.

Saturday, 8th.   Started about ten o'clock. Crossed Cumberland Gap about four miles. Met about forty persons returning from the Can-tucky on account of the late murder by the Indians. Could prevail on one only to return. Mem.   Several Virginians who were with us returned.

Sunday, 9 th.   Arrived at Cumberland river, where we met Robert Willis and his son returning.

Monday, 10th (April, 1715).   Dispatched Captain Cocke to the Can-tucky to inform Captain Boone that we were on the road. Continued at camp that day on account of the badness of the weather. 

Tuesday, 11th.   Started from Cumberland. Made very good day's travel of near twenty miles.   Killed beef, etc.

Wednesday, 12th.   Traveled about five miles. Prevented going any farther by the rains and the high waters at Richland creek.

Thursday, 13th.   Last night arrived near our camp. Stewart and ten other men camped within half a mile of us on their return from Louisa. Camped that night at Lorrel (Laurel) river. They had well-nigh turned three or four of our Virginians back.

Friday, lJfth.   Traveled about twelve miles to a camp.

Saturday, 15th.   Traveled about eighteen miles and camped on the north of Rock Castle river. This river is a fork of the Cumberland. Lost an axe this morning at camp.

Sunday, 16th.   About twelve o'clock met James McAfee with eighteen other persons returning from Cantucky. Traveled about twenty-two miles and camped on the head of Dick's river, where Luna, from McAfee's camp, came to us resolved to go to the Louisa.

Monday, 17th.   Started about three o'clock. Prevented by rain. Traveled seven miles.

Tuesday, 18th.   Traveled about sixteen miles. Met Michael Stoner with pack-horses to assist us. Camped that night in the eye of the rich land.   Stoner brought us excellent beef in plenty.

Wednesday, 19th.   Traveled about sixteen miles. Camped on Otter creek, a good mill place.

Thursday, 20th.   Arrived at Fort Boone, on the mouth of the Otter creek (on) Cantuckey river, where we were saluted by a running fire of about twenty-five guns, all that were then at the fort. The men appeared in higli spirits and much rejoiced on our arrival.

On viewing the fort and finding it not sufficient to admit of building for the reception of our company, and a scarcity of ground suitable for clearing at such an advanced season, was at some loss how to proceed. Mr. Boone's company having laid off most of the adjacent good lands into lots of two acres each and taking it as it fell to each individual by lot, were in actual possession and occupying them. After some perplexity, resolved to erect a fort on the opposite side of a large lick near the river bank, which would place us at the distance of about three hundred yards from the fort   the only commodious place where we could be of any service to Boone's men, or vice versa. 

On communicating my thoughts to Mr. Luttrell on this subject, with my reason for preferring this place to a large spring over a hill, at three-quarters of a mile from Fort Boone, he readily gave his assent and seemed pleased with the choice. Mr. Hart said, in a very cold, indifferent manner, "he thought it might do well enough." Accordingly it was resolved that a fort should be built on said place, etc. Moved our tents to the ground, i. e., Mr. Luttrell and myself and our particular companies lodged there Saturday night.

Sunday, 23d (April, 1115).   Remained at camp. Passed the day without public worship, nothing of that kind having been put in practice before, and ourselves much at sixes and sevens and no place provided for that purpose.

Monday.   Proceeded, with the assistance of Captain Boone and Colonel Calloway, to lay off lots. Finished nineteen, besides one reserved round a fine spring.

Tuesday.   Finished the lots   in all, fifty-four in number.

Saturday, 22d.   Finished running off all the lots we could conveniently get, to-wit, fifty-four, and gave notice of our intention of having them drawn for in the evening. But as Mr. Robert McAfee, his brother Samuel and some more were not well satisfied whether they would draw or not, wanting to go down the river about fifty miles, near Captain Harrod's settlement, where they had begun improvements and left them on the late alarm, and being informed myself in hearing of all attending that such settlement should not entitle them to lands, etc., from us, and appearing much concerned and at a loss what to do, on which the lottery was deferred till next morning at sunrise, thereby giving them time to come to a resolution.

Sunday, 23d.   Drawed lots, etc. Spent the day without public worship.

Monday, 24th.   Employed in viewing the respective lots and endeavoring to satisfy the drawers by exchanging my own and those over whom of our company I had any influence to give entire satisfaction.

Tuesday, 25th.   As there were fifty-four lots and not so many drawers by thirteen, some of the best lots were left; therefore had a second lottery, at the end of which everybody seemed well satisfied. I had been able by one way or other to obtain four lots for the fort garden, etc., and 

in these lotteries our particular company had such luck in drawing as to enable me to give in exchange lots which entirely gave satisfaction.

Wednesday, 26th.   Other people coming, employed in showing lots for their use.   Sowed small seed, planted cucumbers, etc.

Thursday, 21th.   Employed in clearing fort lot, etc. Mr. Luttrell, Nat. Henderson and Samuel Henderson all that assisted me. Mr. Hart, having made choice of a piece of ground for his own and people's cultivation adjacent to the town lands, did not come near nor offer assistance, though I had often mentioned to him the necessity of building a magazine, our powder being exposed in tents and the weather somewhat rainy. Mr. Luttrell reported to me that Captain Hart would have nothing to say to the fort, things were managed in such a manner, though I cannot guess the reason of his discontent.

Friday, 28th.   Mr. Luttrell chose a piece of ground about three-quarters of a mile from the fort and set three of his people to work; two remained with me to assist in clearing about where the fort is to stand. He on all occasions is exceedingly obliging and good-natured and seems desirous of promoting the company's interest.

Saturday, 29th.   Built, or rather begun, a little house for a magazine, but did not finish it. Mr. Hart told me in the morning that he would assist, but never saw or heard of him this day more.

Sunday, 30th.   No public worship.

Monday, 1st May (1775J.   Continued to work on the magazine.

Tuesday, 2d.   Continued same work and working on our lots.

Wednesday, 3d.   Finished the magazine. Captain John Floyd arrived here, conducted by one Jo. Drake from a camp on Dick's river, where he had left about thirty men of his company from Virginia, and said he was sent by them to know on what terms they might settle our lands; that if it was reasonable they would pitch on some place on which to make corn, or otherwise go on the north side of the river. Was much at a loss on account of this gentleman's arrival, as he was surveyor of Fincastle under Colonel Preston, a man who had exerted himself against us and said and did everything in his power or invention, as I am informed, to defeat our enterprise and bring it into contempt. 'Tis said that he not only had our case represented, or rather misrepresented, to Lord Dunmore, but actually wrote to Governor Martin on the subject.   This man (Captain Floyd) appeared to have a great share of 

modesty, an honest, open countenance and no small share of good sense, pleading in behalf of himself and his whole company, among which were one Mr. Dandridge (son of Nat. West Dandridge of Virginia) and one Mr. Todd, two gentlemen of the law in their own parts, and several other young gentlemen of good families. We thought it most advisable to secure them to our interest, if possible, and not show the least distrust of the intentions of Captain Floyd, on whom we intend to keep a very strict watch.

Accordingly, though the season was too far advanced to make much corn, yet we promised them land, etc., 1,000 acres to the principal gentlemen, on the terms of Henderson & Company. This we would not have done but for the scarcity of men and the doubt with respect to the Virginians coming into our measures, according title, etc.

We restrained these men to settle somewhere in a compact body for mutual defence and to be obedient to such laws as should from time to time be made for the government of all the adventurers on our purchase, and gave them leave to make choice of any lands not before marked by any of our men or a certain Captain Harrod and his men, who were settled somewhere about fifty miles west of us on the head of Salt river, and of whom we could form no conjecture, but thought it best to prevent any interruption to him or his men till we should know what he intended with respect to us and our title.

The day before this, one Captain Callomees and Mr. Berry, with five other men, arrived here from Frederick or somewhere in the north-west frontiers of Virginia. They had heard nothing of our purchase when they left home, but merely set off to view the country, etc. Hearing of us and our pretentions, they thought proper to come, though they seemed not very conversable, and I thought I could discover in our first intercourse a kind of sullen dissatisfaction and reserve, which plainly indicated a selfish opinion to our disadvantage. This, after some time, wore off, and they gladly treated with us for lands and other indulgences, which we granted.

Thursday, Jflh (May, 1775).   Captain Floyd returned home; seemed highly pleased with gaining his point of settling, etc. I must not omit to mention here that Mr. Floyd expressed great satisfaction on being informed of the plan we proposed for legislation, and said he must most 

heartily concur in that and every other measure we should adopt for the well governing or good of the community in general. This plan is exceedingly simple and I hope will prove effectual. 'Tis no more than the people's sending delegates to act for them in general convention.

Friday, 5th.   Nothing material. Let Mr. William Cocke have five yards and a half oznaburgs off my old tent, for which I charge him 5s. 6d. V. money.

Saturday, 6th.   Lived on as usual. Very little of Mr. Hart's company. He kept much to himself   scarcely social.

Sunday, 7th (May, 1775).   Went into the woods with my brothers, Nat. and Samuel, and Captain Boone, after a horse left out on Saturday night. Staid till night, and on our return found Captain Harrod and Colonel Thomas Slaughter from Harrodstown on Dick's river. Colonel Slaughter and Harrod seemed very jocose and in great good humor.

Monday, 8th.   Rainy. Was much embarrassed with a dispute between the above-mentioned gentlemen. Captain Harrod, with about forty men, settled on Salt river last year; was drove off, joined the army with thirty of his men, and, being determined to live in the country, had come down this spring from Monongahela, accompanied by about fifty men, most of them young persons without families. They came on Harrod's invitation. These men had got possession some time before we got there, and I could not certainly learn on what terms or pretense they meant to hold land, and was doubtful that so large a body of lawless people, from habit and education, would give us great trouble and require the utmost exertion of our abilities to manage them; and, not without considerable anxiety and some fear, wished for an intercourse with Captain Harrod, who, I understood, was chief and had ail the men in that quarter under his absolute direction and command. But was soon undeceived as to this point. Though these gentlemen were friendly to each other and open in all their conduct, they were warm advocates and champions for two different parties. A schism had raised between Harrod's men, whom he brought down the Ohio with him, and those from divers parts of Virginia and elsewhere, amounting to about fifty in number on both sides. Harrod's men, being first on the spot, claimed a priority of choice; and had they stopped there the dispute would scarcely ever had existed, for the others seemed willing to give in to such 

a preference. But the complaint laid before us by Colonel Slaughter in behalf of the other men, and on which we were to decide, was that Har-rod's men had not contented themselves with the choice of one tract of land apiece, but had made it their entire business to ride through the country, mark every piece of land they thought proper, built cabins, or rather hog-pens, to make their claims notorious at the place, and by that means had secured every good spring in a country of twenty-odd miles in length and almost as broad. That, though it was in those parts one entire good tract of land, and no advantage in choice except as to water, yet it was unjustly depriving them of every essential inducement to their settling in the country. That, for their own part, after giving up that Captain Harrod should, as to himself, have any indulgence, that his men might each make a choice for himself first, and then that they might come in for the second choice. This was strenuously urged by their advocate, Colonel Slaughter, a sensible and experienced old gentleman, a man of good family and connexions and a great friend to our country, and with this farther in his favor, that the men he appeared for had, from their first assembling together at Harrodsburg, in obedience to our written declaration respecting encouraging settlers in our country, industriously employed themselves in clearing land and making ready for as large a crop of corn as possible, depending on a punctual performance on our part. That Captain Harrod's men had totally neglected to do anything that way, there being at this time in Harrod's settlement at the Boiling Spring, six miles from Harrodsburg, not more than three acres cleared and ready to be planted, and that for the Captain only, whilst in less time with the same number of hands they had somewhere between sixty and eighty.

Fair and clear as this case was in favor of Slaughter's men, upon every principle of justice and our own express declaration in writing, we were afraid to determine in favor of the right side; and, not being capable, if we could have done it, to give a decree against them, our embarrassment was exceedingly great. Much dep