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Proceedings of the House of Delegates of the Colony of Transylvania


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 said Colony, in Convention assembled, of the other part, do most solemnly enter into the following contract or agreement, to wit:

1. That the election of Delegates in this Colony be annual.

2. 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 do not attend, they may dissolve them, and call a new one.

3. That, to prevent dissension and delay of business, one Proprietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the Colony.

4. That there be perfect religious freedom and general toleration: Provided, That the propagators of any doctrine or tenets, evidently tending to the subversion of our laws, shall, for such conduct, be amenable to, and punished by, the civil courts.

5. That the Judges of the Superior or Supreme Courts be appointed by the Proprietors, but be supported by the People, and to them be answerable for their malconduct.


6. That the quit-rents never exceed two shillings, sterling, per hundred acres.

7. That the Proprietors appoint a Sheriff, who shall be one of three persons recommended by the Court.

8. That the Judges of the Superior Courts have, without fee or reward, the appointment of the Clerks of this Colony.

9. That the Judges of the Inferior Courts be recommended by the people, and approved by the Proprietors, and by them commissioned.

10. That all other civil and military officers be within the appointment of the Proprietors.

11. That the office of Surveyor-General belong to no person interested, or a partner, in this purchase.

12. 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, who reside in the Colony; and the Proprietors.

13. 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.

14. That the Land Office be always open.

15. That commissions without profit, be granted without fee.

16. That the fees and salaries of all officers appointed by the Proprietors, be settled and regulated by the laws of the country.

17. That the Convention have the sole power of raising and appropriating all publick moneys, and electing their Treasurer.

18. That, for a short 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 upon between 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, and the Chairman of the Convention, on behalf of them and their constituents, have hereunto interchangeably set their hands, and affixed their seals, the twenty-seventh day of May, one thousand seven hundred and seventy-six.

J˙ LUTTRELL, [seal.]
T˙ SLAUGHTER, Chair' n, [seal.]