Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-06-05
HAYWOOD'S
HISTORY OF TENNESSEE.
[coNrrNuED FROM LAST WEEK.

EARLY IN l763, the commissioners with
a guard. came from North Carolina to
lay off the lands for satisfaction of the
tounties promised to the officers and SOL
diers of her line in the regular army;
and also, to examine into the claims of
those persons who considered them
selves entitled to the preemption rights
granted to the settlers on Cumberland
before the first of June, 1880; and also,
to lay off the lands given by the AS.
sembly of North Carolina to General
Greene, as mark of the high sense
they entertained of his extraordinary
services in the war of the revolution.
The settlers were much animated by
their presence, and by the additional
strength derived from their accession,
and soon wholly abandoned the design
which they had once entertained of
leaving the country. The commission
ers and guards, with some of the in.
habitantsin company, to the place
now called Latitude hill, on Elk river,
to ascertain the 25th degree of north
latitude, and there made their observa-
tions, and thence came down Hay
wood creek to Richland creek of Elk,
and thence by Fountain creek of Duck
river, and at the second creek below
that, laid off the $4,000 acres of land
for Gen. Greene, which the people of
North Carolina had made him present
of, and then fifty five miles from the
southern boundary, aud parallel thereto
ran the line, which received the name
of The continental line, because it was
the boundary of the territory, allotted
for the officers and soldiers of the line
OF North Carolina in the continental
army. But upon the representation
and at the request, of the officers made
to the General Assembly in their session
of 1888, they directed it to be laid off
from the northern boundary. fifty five
miles to the south; beginning on the
Virginia line where Cumberland river
intersects the same; thence south fifty
five miles; thence west to the Tennes
see river; thence down the Tennessee
to the Virginia line; thence with the
said Virginia line east to the beginning.
The General Assembly at the same time
took into consideration the claims set
up to these lands by Henderson and his
associates. who had obtained them
from the Indians in 1775, as has been
already stated in the chapter of bound
aries. Purchases of the Indians, ex
cept by public authority, had been for
hidden by the Kings proclamation
and instructions to his Governors soon
after the reace of 1868, for regulating
the intercourse of his colonists with the
Indians. The same prohibition had
been previously established by the
North Carolina Assembly of 1715, chap.
20, sec. 4: 1740, chap. 3, sec. 8. And'it
had been particularly enforced by the
constitution of North Carolina, finally
ratified on the 18th of December, 1776.
Col. Henderson was gentleman emf
nently distinguished for his legal &C
quirements, both as an advocate and
as judge under the royal government;
still more so for sound judgment, as
well as mental endowments of the Soc
ial and facetious kind, which made him
an object of general admiration. 1t is
probable that he was not very sanguine
in the face of all these obstacles, that
the title he had acquired from the In.
dians for all the lands contained in
their deeds to him would prevail. But
he knew that the acquisition of these
titles was beneficial to the State, as they
furnished an estoppel against the In.
dians in future, and of course, that he
and his partners were entitled to hand
some retribution. The Assembly re-
cited in an act of this session, tha at
Richard Henderson. Thomas Hart, Jno.
Williams, William Johnston, James
Hogg, David Hart, Leonard Henly
Bullock, Nathaniel Hart, John Lutti ell,
John Carter and Robert Lucas, have
been at great expense, trouble and risk
in making purchase of lands from the
Cherokee Indians, and that it is but
just, they should have compensation
adequate to the expense, risk and trou-
BILE aforesaid; therefore, it is enacted,
say they, that 100000 acres are hereby
granted to the said Richard Henderson,
Thomas Hart, John Williams, William
Johnston, James Hogg, David Hart,
Leonard Henly Bullock and their heirs,
the heirs or assigns, or devisees of Ma
thaniel Hart, deceased: the heirs and
assigns or devisees of John Luttrull, de.
ceased; to Landon Carter, heir of John
Carter deceased, his heirs and assigns
forever; and to the heirs and devisees
of Robert Lucas. The said 200,0 900 acres
to be laid off in one survey, and with
the following boundaries; beginning al
the old Indian town, in Powell's Valley,
running down Powell's river, not less
than four miles in width, on one OF
both sides thereof to the junction oi
Powell and Clinch rivers, then down
Clinch river on both sides, not less than
twelve miles in width, for the aforesaid
complement of 100000 acres. Thence
forward all doubts were cleared up with
respect to the right which the State had
to grant the other lands on the western
waters, which were contained within
the bounds specified in the Indian deeds