Clerk,-Ordered, that it be recommitted, and that Mr. Lythe, Mr. Todd and Mr. Harwood, be a committee to make amendments, &c. Mr. Guiss was brought before the convention and reprimanded by the Chairman. Ordered, that Mr. Todd and Mr. Harrod wait on the proprietors to know what name for this colony would be agreeable. Mr. Todd and Mr. Harrod reported, that it was their pleasure that it should be called Transylvania. The bill for ascertaining Clerk's and Sheriff's fees read the second time-passed and ordered to be engrossed. The attachment bill read the second time and ordered to be e grossed. A bill for preserving game, read the second time and passed,-Ordered to be recommitted, and that Mr. Todd, Mr. Boone and Mr. Harrod be a committee to take it into consideration. The militia bill, read the third time and passed. On motion of Mr. Todd, leave is given to bring in a bill for the punishment of criminals,-Ordered, that Mr. Todd, Mr. Dandridge and Mr. Lythe, be a committee for that purpose. The bill for establishing Courts of Judicature and regulating the practice therein, read second time and ordered to be engrossed. On motion of Mr. Boone, leave is given to bring in a bill for improving the breed of horses,-Ordered, that Mr. Boone, Mr. Davis and Mr Hammond, bring in a bill for that purpose. The bill for ascertaining Clerk's and Sheriff's fees, read the third time and passed. The bill for establishing bills of attachment. read the third time and passed. On motion, ordered, that Mr. Todd have leave to absent himself from this house. The bill for punishment of criminals, brought in by the committee, read by the Clerk, passed the first time and ordered to be considered, &c. The bill for establishing Courts of Judicature and regulating the practice therein, read the third time with amendments and passed. The bill for improving the breed of horses, brought in by Captain Boone, read the first time-passed and ordered to be referred for consideration, &c. Ordered, that the convention adjourn till to-morrow, 6 o'clock. The bill to prevent profane swearing and sabbath breaking, read the second time with amendments,-Ordered to be engrossed. The bill for the punishment of criminals brought in and read-passed the second time,-Ordered to be engrossed. The bill for the improvement of the breed of horses, read the second time, passed and ordered to be engrossed Ordered, that Mr. Harrod, Mr. Boone and Mr. Cocke wait on the proprietors, and beg that they will not indulge any person whatever, in granting them lands on the present terms, unless they comply with the former proposals of settling the country, &c. On motion of Squire Boone, leave is given to bring in a bill to preserve the range,-Ordered that he have leave to bring in a bill for that purpose. The following message received from the proprietors, as follows, to wit: To give every possible satisfaction to the good people, your constituents, we desire to exhibit our title deed from the Aborigines and first owners of the soil on Transylvania, and hope you will cause an entry to be made of the exhibition in your journal, including the courses and abutments of the lands or country contained therein, so that the boundaries of our colony may be fully known and kept on record. RICHARD HENDERSON. Transylvania, 27th May, 1775. Ordered, that Mr. Todd, Mr. Douglass and Mr. Hite inform the proprietors that their request will be complied with; in consequence of which, Colonel Henderson personally attended the convention, with John Farrow, Attorney in fact for the head warriors or chiefs of the Cherokee Indians, who, in presence of the convention, made livery and cession of all the lands in a deed of feoffment, then produced and bearing date the seventeenth day of March last, 1775. To which Colonel Henderson, in behalf of himself and company, produced his deed, which is bounded and abutted as follows, viz:— Beginning at the Ohio river at the mouth of the Kentucky, Chinoa, or what by the English is called Louisa river, from thence running up the said river and the most northerly branch to the head spring thereof, thence a south-east course to the top ridge of Powell's mountain; thence westwardly along the ridge of Powell's mountain unto a point from which a north-west course will strike or hit the head spring or the most southwardly branch of Cumberland river; thence down the said river, including all its waters, to the Ohio river; thence up the said river to the beginning. A bill for preserving the range, brought in by the committee, was read-passed the first time,-Ordered to be laid by for a second consideration. The bill to prevent profane swearing and sabbath breaking, read the third time and passed. Ordered, that Mr. Calloway and Mr. Cocke wait on the proprietors, with the laws that have passed, for their perusal and approbation. The committee appointed to draw up the compact between the proprietors and the people, brought in and read it, as follows, viz :— 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 Hart and J. Luttrell, on behalf of ourselves as well as the other proprietors of the colony of Transylvania, of the one part, and the representatives of the people of the said colony, in convention assembled, of the other part, do most solemnly enter into the following contract and agreement-to wit: 1st. That the election of delegates in this colony, be annual. 2d. 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 does not attend, they may dissolve them and call a new one. 3d. That to prevent dissention and delay of business, one proprie tor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony. 4th. That there be a perfect religious freedom and general tolera tion-Provided, that the propagators of any doctrine or tenets, widely tending to the subversion of our laws, shall for such conduct be ame nable to, and punishable by the civil courts. 5th. That the judges of Superior or Supreme Courts be appointed by the proprietors, but be supported by the people, and to them be answerable for their mal-conduct. 6th. That quit-rents never exceed two shillings sterling per 100 acres. 7th. That the proprietors appoint a sheriff, who shall be one of three persons recommended by the court. 8th. That the judges of the superior courts have, without fee or reward, the appointment of the clerks of this colony. 9th. That the judges of the inferiors courts be recommended by the people, and approved of by the proprietors, and by them commissioned. 10th. That all civil and military officers be within the appointment of the proprietors. 11th. That the office of Surveyor General, belong to no person interested, or a partner in this purchase. 12th. 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, reside in the colony, and the proprietors. 13th. 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. 14th. That land offices be always open. 15th. That commissions without profit be granted without fee. 16th. That the salaries of all officers appointed by the proprietors, be settled and regulated by the laws of the country. 17th. That the convention have the sole power of raising and appropriating all public monies, and electing their treasurer. 18th. That for a small time, till the state of the colony will permit to fix some place of holding the convention which shall be permanent, the place of meeting shall be agreed on by the proprietors and the convention. To the faithful, and religious, and perpetual observance of all and every of the above articles, the said proprietors, on behalf of themselves as well as those absent, have hereunto, interchangeably set their hands and affixed their seals, the twenty-seventh day of May, one thousand seven hundred and seventy-five. RICHARD HENDERSON. [Seal.] THOMAS SLAUGHTER, Chairman. [Seal.] [Seal.] [Seal.] A bill for improving the breed of horses, read and passed the third time. The bill for the punishment of criminals, read the third time and passed. The bill to preserve the range, read the second time and ordered to be engrossed. Ordered, that Mr. Lythe wait on Colonel Henderson and the rest of the proprietors, with the bill for establishing Courts of Judicature, and regulating the practice therein. The bill to preserve the range, read the third time and passed. Ordered, that Colonel Calloway wait on the proprietors with the bill for preserving the range. Ordered, that a fair copy of the several bills passed into laws, be transmitted to every settlement in this colony that is represented. Ordered, that the delegates of Boonesborough be a committee to see that the bills that are passed, be transcribed in a fair hand, into a book for that purpose. Ordered, that the proprietors be waited on by the Chairman, acquainting them that all the bills are ready for signing. The following bills, this day passed and signed by the proprietors, on behalf of themselves and partners, and the Chairman of the convention, on behalf of himself and the other delegates: 1st. An act for establishing Courts of Judicature, and regulating the practice therein. 2d. An act for regulating a militia. 3d. An act for the punishment of criminals. 4th. An act to prevent profane swearing and sabbath breaking. 5th. An act for writs of attachment. 6th. An act for ascertaining clerks' and sheriffs' fees. 7th. An act to preserve the range. 8th. An act for improving the breed of horses. 9th. An act for preserving game. All the above mentioned acts were signed by the Chairman and proprietors, except the act for ascertaining clerks' and sheriffs' fees, which was omitted by the clerk not giving it in with the rest. Ordered, that at the next meeting of Delegates, if any member be absent, and doth not attend, that the people choose one to serve in the room of such absent member. Ordered, that the convention be adjourned until the first Thursday in September next, then to meet at Boonesborough. MATTHEW JEWITT, Clerk. ESTILL'S DEFEAT-1781. The following letter will be acceptable, as describing a most heroic action in the annals of Kentucky. SPRING HILL, Woodford County, Ky. June 20th, 1834. M. Butler, Esq. SIR,-The circumstances preceding and leading immediately to the battle which terminated in Estill's defeat, in March, 1782, can, perhaps, be as accurately detailed by myself, as any other person now living. They were as follows, to wit: the summer of 1781 had clos ed with a distress and loss of life greatly exceeding any previous year, and perhaps altogether equalling all of our previous sufferings from the Indians. This Captain James Estill commanded the men of his and the neighboring stations; Captain Nathaniel Hart commanded the men of Boonesborough and the Fort at White Oak Spring, which was from half to a mile from Boonesborough. Estill in February came down to Boonesborough, with his left arm in a sling, (it had been broken the previous season, in an engagement with the Indians near his Fort) to consult with Captain Hart as to the best mode of defending the several stations in that neighborhood the succeeding season. conference resulted in the determination to collect all the disposable force in the neighboring forts, and for Estill and Hart in succession, to take the woods and continue to range, and if possible, to intercept the Indians before they made an attack on any of the forts. Estill was out on this service with about twenty-five men, when the Indians approached his Fort and killed a man and took his negro man, Monk, a prisoner. A runner was sent that night to inform Estill of the occurrence. He immediately made to the Kentucky River, where the enemy generally crossed, when they came to kill and steal horses, and he found their trail fresh almost as his own; he pursued it, and in the evening came up with the Indians encamped for the night. The fear of killing his man Monk, by an attack before day, induced him to withdraw a short distance, so as to avoid discovery. The Indians moved off so early that they could not be overtaken before nine o'clock next morning, which was effected about three miles below where Mount Sterling stands, on Hinkston's fork of Licking. The first gun fired wounded the chief, commanding the Indians, who fell under the bank of the creek, from whence he could be heard in an audible voice constantly encouraging his men, during the whole action. Monk, upon the first gun being fired, having broken from the Indians, rushed to his master, informing him that he could easily whip them, and told their numbers. He took charge of the horses and was very active in mounting and conducting off several men who were wounded, amongst which I think was Col. William Irvine, late of Madison County, Kentucky. Estill detached his lieutenant, Miller, with six men, to gain the rear of the Indians, but from some unknown cause, he failed to execute the order. The loss of this detachment so weakened Estill, that after the hardest fought action which has ever taken place in Kentucky, and in which many of our men and the Indians rushed up within ten to twenty yards of each other and took deliberate and deadly aim, finding, from the obstinacy of the Indians in defending their wounded chief, who had been a second time shot, but without silencing him, that nothing short of the total destruction of one or the other party must take place, he gave the order for each man to shift for himself. Captain Estill as well as his second in command, Ensign John South, being large heavy men, were soon overtaken by the Indians and tomahawked. Monk was a noted slave, being the only man known to the author of this narrative who at that time made that most necessary article gunpowder, hence his arrival at Boonesborough, where he had a wife, |