Original Document (pages 2 & 3)
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. (Editorial Note: This document appears here just as it exists
with the original spelling and word usage of the writers.)
To view a copy of the original document located in
Nashville at the State Archives, courtesy of the Tennessee
State Library and Archives, 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 ofáLand 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 depridations 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 thouhgt reasonable.

Signitures:
Richard Henderson, Samuel Deson, David Shelton, Nathaniel Hart, Samuel Marten, Spill Coleman, Wm. H. Moore, James Buchanan, Samuel McMurray, Samuel Phariss, Solomon Turpin, P. [Pleasant] Henderson, John Donelson [Col.], Isaac Rentfro, Edward Bradley, Gasper Mansker, Robert Cartwright, Edward Bradley, Jr., John Caffery, Hugh Rogan, James Bradley, John Blakemore, Sr., Joseph Morton, Michael Stoner, John Blakemore, Jr., William Woods, Joseph Mosely, James Shaw, David Mitchell, Henry Guthrie, Francis Armstrong, Thomas Henricks, W. Russell, Jr., Robert Lucas, John Holladay, Hugh Simpson, James Robertson, Frederick Stump [in Dutch], Samuel Moore, George Freeland, Joseph Denton, James Freeland, William Hood, Arthur McAdoo, John Tucker, John Boyd, James McAdoo, Peter Catron, Jacob Stump, Nathaniel Henderson, Philip Catron, Henry Hardin, John Evans, Francis Catron, Richard Stanton, Wm. Bailey Smith, John Dunham, Sampson Sawyers, Peter Luney, Isaac Johnson, John Hobson, John Luney, Adam Kelar, Ralph Wilson, James Cain, Thomas Burgess, James Givens, Daniel Johnson, William Burgess, James Harrod, Daniel Jarrot, William Green, James Buchanan, Sr., Jesse Maxey, Moses Webb, William Geioch, Noah Hawthorn, Absalom Thomson, Samuel Shelton, Charles McCartney, John McVay, John Gibson, John Anderson, James Thomson, Robert Espey, Matthew Anderson, Charles Thomson, George Espey, Wm. McWhirter, Robert Thomson, William Gowen [or Gower], Barnet Hainey, Martin Hardin, John Wilfort, Richard Sims, Elijah Thomson, James Espey, Titus Murray, Andrew Thomson, Michael Kimberlin, James Hamilton, William Seaton, John Cowan, Henry Dougherty, Edward Thomelu, Francis Hodge, Zach. White, Isaac Drake, William Fleming, Burgess White, Jonathan Jenings, James Leeper, William Calley, Zachariah Green, George Leeper, James Ray, Andrew Lucas, Daniel Mungle, William Ray, James Patrick [his X mark], Patrick McCutchen, Perley Grimes, Samuel McCutchen, Samuel White, Richard Gross, William Price, Daniel Hogan, John Drake, Henry Kerbey, Thomas Hines, Daniel Turner, Joseph Jackson, Robert Goodloe, Timothy Feret, Daniel Ragsdil, Thomas W. Alston, Isaac Lefever, Michael Shaver, William Barret, Thomas Fletcher, Samuel Willson, Thomas Shannon, Samuel Barton, John Reid, James Moore, James Ray, Joseph Dougherty, Richard Moore, Thomas Denton, Charles Cameron, Samuel Moore, Elijah Moore, Isaac Rounsavall, John Cordry, John Moore, James Crocket, Nicholas Tramal, Andrew Ewin, Andrew Crocket, Haydon Wells, Ebenezer Titus, Russell Gower, Daniel Ratletf, Mark Robertson, John Shannon, John Callaway, John Montgomery, David Shannon, John Pleake, Charles Campbell, Jonathan Drake, Willis Pope, William Overall, Benjamin Drake, Silas Harlan, John Turner, John Drake, Hugh Leeper [also Leiper], Nathaniel Overall, Mereday Rains, Harmon Consellea, Patrick Quigley, Richard Dodge, Humphrey Hogan, Josias Gamble, James Green, James Foster, Samuel Newell, James Cooke, William Morris, Joseph Read, Daniel Johnston, Nathaniel Bidlack, David Maxwell, George Miner, A. Tatom, Thomas Jefriss, George Green, William Hinson, Joseph Dunnagin, William More, Edmund Newton, John Phelps, Jacob Cimberlin, Jonathan Green, Andrew Bushoney, Robert Dockerty, John Phillips, Daniel Ragsdell, John Crow, George Flynn, John McMurty, William Summers, Daniel Jarrott, D'd.[?] Williams, Lesois Frize [? Dutch?], John Owens, John McAdames, James Freeland, Samson Williams, Thomas Molloy, Thomas Thompson, Amb's.[?] Mauldin, Isaac Lindsay, Martin King, Morton Mauldin, Isaac Bledsoe, William Logan, John Dunham, Jacob Castleman, John Alstead, Archelaus Allaway, George Power, Nicholas Counrod, Samuel Hayes, James Lynn, Evin Evins, Isaac Johnson, Thomas Cox, Jonathan Evins, Thomas Edmeston [also spelled Edmondson], Edward Lucas, John Thomas, Ezekiel Norris, Philip Alston, Joshua Thomas, William Purnell, James Russell, David Rounsavall, and William McMurray