. . . 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 their 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 chosen at the first election.

That the entry book shall be kept fair and open by . . . person . . . to be appointed by said Richard Henderson . . . chose, and every entry for land numbered and dated, and . . . order without leav­ing any blank leaves or spaces, . . . to the inspec­tion of the said twelve judges, or all times.

That whereas many persons have come to this country without implements of husbandry, and from other circumstances are obliged to return without making a crop, and [intend] removing out this fall, or early next spring, and it … reason…such should have the preemption… of such of such places as they may have chosen . . . the purpose of resi­dence, therefore it is . . . be taken for all such, for as much land as they are entitled to from their head-right, 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 laborer or laborers, 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 debarred 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 shall not 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 person shall be entitled to such lands 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 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 shall 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 I and] 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 where 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, surveyor's and other incidental fees excepted.

And whereas, from our remote situation and want of proper offices for the administration of justice, no regular proceedings 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 laws of our country could not be executed, or damages re­paired in any other way; that is to say, in all cases where the debt or 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 contro­versy; but if for a larger sum, and either party shall be dissatisfied with the judgment or decision of such Court, they may have an appeal to the whole twelve Judges or Triers, in which case nine members shall be deemed a full Court, whose de­cision, if seven agree in one opinion, 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 and collected with the debt or damages so to be awarded.

And it is further agreed, that a majority of the said Judges, Triers, or General Arbitrators, shall have power to punish in their discretion, having respect to the laws of our country, all of­fences against the peace, misdemeanors, and those criminal, or of a capital nature, provided such Court does not proceed with execution so far as to affect 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 proof 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 expense attending the discharge of this duty ascertained 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 within 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 the wellbeing of this country entirely depends, under Divine Providence, on unanimity of sentiment and concurrence in measures, and as clashing interests and opinions, without being under some restraint, will most certainly produce confusion, discord, and almost certain ruin, so we think it our duty to associate, and hereby form ourselves into one society for the benefit of present and future settlers, and until 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 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 further association, were also entered into at Nashborough, this 13th 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 names, 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 charac­ters 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 notify his intentions to all such as may inquire 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 thence­forward 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 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 Government, unless it be for persons who have returned home, and are permitted to have lands reserved for their use un­til 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 almost daily massacre of some of our inhabitants, renders it absolutely necessary, for our safety and defence, that due obedience be mid to our respective officers elected and to be elected at the several stations or settlements, to 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 aggrieved, or think himself unjustly vexed and injured by the fine or fines so imposed by his officer or 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 therein as they may think just and reasonable, which decision shall be conclusive on the party complaining, as well as the officer or officers inflicting such fine; and the money arising from such fines shall be carefully applied 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 our settlement is not within the boundaries 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 land or territories whereon we reside, and therefore we 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 rateable share of the public expense 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.