On January 6, 1775, the company was again enlarged, and given the name of the Transylvania Company—the three new partners being David Hart, brother to Thomas and Nathaniel, Leonard Henley Bullock, a prominent citizen of Granville, and James Hogg, of Hillsborough, a native Scotchman and one of the most influential men in the colony. In the elaborate agreement drawn up reference is explicitly made to the contingency of "settling and voting as a proprietor and giving Rules and Regulations for the Inhabitants etc." [149] Hillsborough was the actual starting-point for the westward movement, the first emigrants traveling thence to the Sycamore Shoals of the Watauga. In speaking of the departure of the settlers, the first movement of extended and permanent westward migration, an eye-witness quaintly says: "At this place [Hillsborough] I saw the first party of emigrant families that moved to Kentucky under the auspices of Judge Henderson. They marched out of the town with considerable solemnity, and to many their destination seemed as remote as if it had been to the South Sea Islands." [150]

Meanwhile, the "Proposals for the encouragement of settling the lands etc.," issued on Christmas Day, 1774, were quickly spread broadcast through the colony and along the border. [151] It was the greatest sensation North Carolina had known since Alamance; and Archibald Neilson, deputy-auditor and naval officer of the colony, inquired with quizzical anxiety: "Pray, is Dick Henderson out of his head?" The most liberal terms, proffered by one quite in possession of his head, were embodied in these proposals. Land at twenty shillings per hundred acres was offered to each emigrant settling within the territory and raising a crop of corn before September 1, 1775, the emigrant being permitted to take up as much as five hundred acres for himself and two hundred and fifty acres for each tithable person under him. In these "Proposals" there was no indication that the low terms at which the lands were offered would be maintained after September 1, 1775. [152] In a letter to Governor Dunmore (January, 1775), Colonel William Preston, county surveyor of Fincastle County, Virginia, says: "The low price he [Henderson] proposes to sell at, together with some further encouragement he offers, will I am apprehensive induce a great many families to remove from this County (Fincastle) & Carolina and settle there." [153] Joseph Martin, states his son, "was appointed entry-Taker and agent for the Powell Valley portion" of the Transylvania Purchase on January 20, 1775; and "he (Joseph Martin) and others went on in the early part of the year 1775 and made their stand at the very spot where he had made corn several years before." [154] In speaking of the startling design, unmasked by Henderson, of establishing an independent government, Colonel Preston writes to George Washington of the contemplated "large Purchase by one Col.o Henderson of North Carolina from the Cherokees.… I hear that Henderson talks with great Freedom & Indecency of the Governor of Virginia, sets the Government at Defiance & says if he once had five hundred good Fellows settled in that Country he would not Value Virginia." [155]

Early in 1775 runners were sent off to the Cherokee towns to summon the Indians to the treaty ground at the Sycamore Shoals of the Watauga; and Boone, after his return from a hunt in Kentucky in January, was summoned by Judge Henderson to aid in the negotiations preliminary to the actual treaty. The dominating figure in the remarkable assemblage at the treaty ground, consisting of twelve hundred Indians and several hundred whites, was Richard Henderson, "comely in person, of a benign and social disposition," with countenance betokening the man of strenuous action—"noble forehead, prominent nose, projecting chin, firm-set jaw, with kindness and openness of expression." Gathered about him, picturesque in garb and striking in appearance, were many of the buckskin-clad leaders of the border—James Robertson, John Sevier, Isaac Shelby, William Bailey Smith, and their compeers—as well as his Carolina friends John Williams, Thomas and Nathaniel Hart, Nathaniel Henderson, Jesse Benton, [156] and Valentine Searcy.

Little was accomplished on the first day of the treaty (March 14th); but on the next day, the Cherokees offered to sell the section bargained for by Donelson acting as agent for Virginia in 1771. Although the Indians pointed out that Virginia had never paid the promised compensation of five hundred pounds and had therefore forfeited her rights, Henderson flatly refused to entertain the idea of purchasing territory to which Virginia had the prior claim. Angered by Henderson's refusal, The Dragging Canoe, leaping into the circle of the seated savages, made an impassioned speech touched with the romantic imagination peculiar to the American Indian. With pathetic eloquence he dwelt upon the insatiable land-greed of the white men, and predicted the extinction of his race if they committed the insensate folly of selling their beloved hunting-grounds. Roused to a high pitch of oratorical fervor, the savage with uplifted arm fiercely exhorted his people to resist further encroachments at all hazards—and left the treaty ground. This incident brought the conference to a startling and abrupt conclusion. On the following day, however, the savages proved more tractable, agreeing to sell the land as far south as the Cumberland River. In order to secure the additional territory watered by the tributaries of the Cumberland, Henderson agreed to pay an additional sum of two thousand pounds. Upon this day there originated the ominous phrase descriptive of Kentucky when The Dragging Canoe, dramatically pointing toward the west, declared that a Dark Cloud hung over that land, which was known as the Bloody Ground.

On the last day, March 17th, the negotiations were opened with the signing of the "Great Grant." The area purchased, some twenty millions of acres, included almost all the present state of Kentucky, and an immense tract in Tennessee, comprising all the territory watered by the Cumberland River and all its tributaries. For "two thousand weight of leather in goods" Henderson purchased "the lands lying down Holston and between the Watauga lease, Colonel Donelson's line and Powell's Mountain" as a pathway to Kentucky—the deed for which was known as the "Path Deed." By special arrangement, Carter's Valley in this tract went to Carter and Lucas; two days later, for two thousand pounds, Charles Robertson on behalf of the Watauga Association purchased a large tract in the valleys of the Holston, Watauga, and New Rivers; and eight days later Jacob Brown purchased two large areas, including the Nolichucky Valley. This historic treaty, which heralds the opening of the West, was conducted with absolute justice and fairness by Judge Henderson and his associates. No liquor was permitted at the treaty ground; and Thomas Price, the ablest of the Cherokee traders, deposed that "he at that time understood the Cherokee language, so as to comprehend everything which was said and to know that what was observed on either side was fairly and truly translated; that the Cherokees perfectly understood, what Lands were the subject of the Treaty.…" The amount paid by the Transylvania Company for the imperial domain was ten thousand pounds sterling, in money and in goods. [157]

Although Daniel Boone doubtless assisted in the proceedings prior to the negotiation of the treaty, his name nowhere appears in the voluminous records of the conference. Indeed, he was not then present; for a fortnight before the conclusion of the treaty he was commissioned by Judge Henderson to form a party of competent woodmen to blaze a passage through the wilderness. On March 10th this party of thirty ax-men, under the leadership of Boone, started from the rendezvous, the Long Island of Holston, to engage in the arduous labor of cutting out the Transylvania Trail. [158]

Henderson, the empire-builder, now faced with courage and resolution the hazardous task of occupying the purchased territory and establishing an independent government. No mere financial promoter of a vast speculative enterprise, he was one of the heroic figures of the Old Southwest; and it was his dauntless courage, his unwavering resolve to go forward in the face of all dangers, which carried through the armed "trek" to a successful conclusion. At Martin's Station, where Henderson and his party tarried to build a house in which to store their wagons, as the road could be cleared no further, they were joined by another party, of five adventurers from Prince William County, Virginia. [159] In Henderson's party were some forty men and boys, with forty pack-horses and a small amount of powder, lead, salt, and garden-seeds. The warning freely given by Joseph Martin of the perils of the path was soon confirmed, as appears from the following entry in Henderson's diary:

Friday the 7th. [April] About Brake of Day began to snow. About 11 oClock received a letter from Mr. Luttrells camp that were five persons killd. on the road to the Cantuckie by Indians. Capt. [Nathaniel] Hart, uppon the receipt of this News Retreated back with his Company, & determined to Settle in the Valley to make Corn for the Cantucky people. The same Day Received a Letter from Dan. Boone, that his Company was fired uppon by Indians, Kill'd Two of his men—tho he kept the ground & saved the Baggage &c. [160]

The following historic letter, which reveals alike the dogged resolution of Boone and his reliance upon Henderson and his company in this black hour of disaster, addressed "Colonel Richard Henderson—these with care," is eloquent in its simplicity:

Dear Colonel: After my compliments to you, I shall acquaint you of our misfortunes. On March the 25 a party of Indians fired on my Company about half an hour before day, and killed Mr. Twitty and his negro, and wounded Mr. Walker very deeply, but I hope he will recover.

On March the 28 as we were hunting for provisions, we found Samuel Tate's son, who gave us an account that the Indians fired on their camp on the 27th day. My brother and I went down and found two men killed and sculped, Thomas McDowell and Jeremiah McFeters. I have sent a man down to all the lower companies in order to gather them all at the mouth of Otter Creek.

My advice to you, Sir, is to come or send as soon as possible. Your company is desired greatly, for the people are very uneasy, but are willing to stay and venture their lives with you. and now is the time to flusterate their [the Indians'] intentions, and keep the country, whilst we are in it. If we give way to them now, it will ever be the case. This day we start from the battle ground, for the mouth of Otter Creek, where we shall immediately erect a Fort, which will be done before you can come or send, then we can send ten men to meet you, if you send for them.

I am, Sir, your most obedient

Omble Sarvent

Daniel Boone.

N.B. We stood on the ground and guarded our baggage till day, and lost nothing. We have about fifteen miles to Cantuck [Kentucky River] at Otter Creek. [161]