USA > Kentucky > A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume I > Part 7
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Whatever one may think of Lord Dunmore
had been a judge in North Carolina, and, it may be, that he had that large lack of respect for George the Third and his officers which was then so common in the American colonies. At any rate, he did not permit Lord Dun- more's proclamation to interfere, so far as one can judge from outer appearances, with his preconcerted plans. He found the fort which Boone had erected too small for the aug- mented forces. Perhaps, what was more im- portant in his sight, was the fact that before his arrival, Boone had apportioned among the men of his party, most of the good land about the fort, each man receiving a two-acre lot. Henderson and his party not having arrived at
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the time of the allotment, had no lots set apart for them. Henderson therefore, decided upon the erection of a second and larger fort nearer the river bank and some three hundred yards from Boone's fort. Having marked off fifty- four lots about the site of the proposed new fort, Henderson notified his following that they would be distributed by lot on the even- ing of April 22nd. Robert and Samuel Mc- Afee, who were among those returning to Vir- ginia and who were met by Colonel Henderson and persuaded to join his party, declined to engage in this scheme of allotment, stating their preference to return to their claims hitherto entered at a point some fifty miles be- low on the Kentucky river. Collins quotes from Henderson's journal : "I informed them myself in the hearing of all attending," says Henderson, "that such settlement should not entitle them to lands from us." This was the beginning of the land troubles, and was prob- ably intended by Henderson as his response to the Dunmore proclamation and a notice to all that the Transylvania Company proposed to assert its imaginary rights under the Wataga treaty.
Captain John Floyd at the head of thirty Virginians, a few days later came to Hender- son from their camps on Dick's river to ask upon what terms he and his followers could secure lands from the Transylvania Company. This was the first apparent recognition of the Transylvania Company, but Henderson was wary and suspecting Floyd, a deputy surveyor of Fincastle county, of being a spy sent to gather information against the Transylvania Company, gave him nothing that could be used against the latter company.
While Floyd was impatiently awaiting a dec- laration of his purposes from Colonel Hender- son, there appeared two others who wished like information. These were Col. Thomas Slaughter and Capt. James Harrod, each of whom had preceded Henderson into Kentucky and were naturally anxious to know why he,
at a later date, should have a claim prior to their own. Henderson evidently recognized the difficulties that confronted him, though he did not give way to them.
In the Durrett manuscript collection, Hen- derson says: "We were afraid to determine in favor of the right side ; and, not being capable, if we could have wished it, to give a decree against them, our embarrassment was exceed- ingly great."
Henderson was a man of resources. De- feated in one line of attack, he attempted an- other. One is tempted to admire Colonel Henderson. He was a gallant man, not afraid to meet his enemies and give them battle. He had imagination and looked to the future. Transylvania proved that. The trouble with Colonel Henderson was that he arrived too late. The people of the colonies had reached a point where they proposed to do their own thinking; to cut themselves loose from princes and principalities and be free men. Henderson probably saw this but he was not the man to surrender without carrying the fight to its ut- termost limits. It occurred to him to bring to one point delegates from all the Kentucky sta- tions, there to discuss the situation. Henderson had confidence in himself ; he knew himself to be, intellectually, the superior of most of the men who would respond to his call, and count- ed upon that fact to dominate the conference and present such legislation as would redound to his advantage.
In accordance with Henderson's call, the first legislative assembly of the district of Ken- tucky was held, being called to order by Col- onel Henderson at Boonesborough, according to the Durrett manuscript, which is accorded accuracy in this history over the imagination of others or "old wives' fables," hitherto ac- cepted as history.
The delegates being assembled, Colonel Henderson welcomed them with a short speech which McElroy says was "with the formality and bombast of a senatorial utter-
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ance." Henderson, himself the chief violator miand of the English language and was equal of law in the district, pointed out the need of to its forcible use in stating his opinion of those who did not agree with his Transylvania project. Henderson speciously added that he and his associates had "contemplated the es- tablishment of a proprietary government, as nearly as possible on the model of those exist- ing by the royal grant," though he knew at the moment of making these statements tliat the colonies were ready to revolt against the royal authority and that the alleged grant of lands which he claimed, under the Wataga treaty, was in direct opposition to the grants made under law by Virginia. law in a civilized country, and laid great stress upon the dignity of the occasion of their com- ing together. "You, perhaps, are fixing a pal- ladium, or placing the corner-stone of an edi- fice, the height and magnificence of whose superstructure is now in the womb of futurity, and can only become great and glorious in pro- portion to the excellence of its foundation." It would be pleasant to accord to Colonel Hen- derson prophetic powers in this statement, which has since become literally true, but it is probable that the orator was searching for beautifully rounded periods rather than cor- rect prophetic utterances. But one must ad- mit that he spoke well, however his splendid plans may have failed. He was no common man.
Colonel Henderson was an ambitious, but not a bad man. He believed in the supremacy of the law and is found declaring that if courts of law are not properly organized and their decrees observed, "our name will become odious abroad and our peace of short and pre- carious duration." His opinion of the Dun- more proclamation, hitherto referred to, may be gathered from his reference thereto: "It would give honest and disinterested persons cause to suspect that there are some colorable reasons, at least, for the unworthy, scandalous assertions, together with the groundless insin- tations, contained in an infamous and scurri- lous libel lately published concerning the set- tlement of this country, the author of which avails himself of his station, and under the spurious pretense of proclamation, pompously dressed up and decorated in the garb of att- thority, has uttered invectives of the most malignant kind and endeavors to wound the good name of persons whose moral character would derive little advantage by being placed in competition with his."
It will be observed from these remarks of Colonel Henderson that he had a full com-
Henderson was in no wise inclined to lessen the dignity of his position of "Lord Propri- etor" and desired that others should recog- nize it. "He contemplated," says McElroy, "the establishment of a proprietory govern- ment as nearly as possible on the model of those existing by royal grant" and to this idea he clung though making some slight conces- sions to Democratic theories.
The assembly attempted little legislation, which was in accordance, no doubt, with Col- onel Henderson's wishes. There was nothing said or done with the all-important subject of land titles, though the McAfee brothers had brought that subject squarely to the attention of Henderson some time before the meeting. When the question of a name for the new dis- trict was considered on the request of Todd and Harrod, Colonel Henderson and his asso- ciates replied, "that it was their pleasure that it should be called Transylvania," which Mc- Elroy terms, "rather a high sounding reply for a Democratic government," but it settled the question.
The manuscript journal of this, the first convention ever held in Kentucky, is in pos- session of Colonel Durrett and from it is learned that Daniel Boone, Harrod and Cocke were sent as delegates to "wait on the pro- prietors," supposedly at Harrodsburg, Boiling Spring and St. Asaph or Logan's fort," and
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beg that they will not indulge any person whatever in granting them lands, unless they comply with the former proposals of settling the country." These "former proposals" are supposed to be those of the Transylvania Com- pany, but why Harrod, the head of the settle- ment at Harrodsburg or "Oldtown" as it was first called, should have been sent with a mes- sage to himself does not appear. Henderson probably had it in mind to thus prevent ad- verse action by absentee landlords from whom he could expect nothing but opposition to his company, which had for its tenure the slight superstructure of a treaty with the Indians who had signed away lands to which they had no title; at least to lands the tenure of which the laws of Virginia did not respect. It is perhaps too much to expect from a mere his- torian of events to enter into a discussion of the intricacies of the original ownership of the lands which the present citizens of Kentucky claim as their own, either by purchase or by descent, with slight regard for the original ownership by the first occupants, the Indians. However, the Indians had always considered Kentucky as a game reservation. The white man liked it and took it. That is the whole story.
There is no definite reply on record to this message borne by Boone and his associates. Henderson writes into his Journal what he calls "a message received from the proprie- tors," which he signs and which McElroy terms "as explicit an answer as could be framed without making the least reference to the petition." This extract is as follows: "To give every possible satisfaction to the good people, your constituents, we desire to exhibit our deed from the Aborigines and first owners of the soil of Transylvania, and hope you will cause an entry to be made of the exhibition in your Journal."
McElroy continues as follows : "This was equivalent to telling the assembly that those in whom was vested the proprietorship of the
colony would make such arrangements as they chose respecting the granting of land titles, though, in form, it was an invitation to the representatives of the people to assure them- selves that the Transylvania Company was the real owner of the territory. To this proposi- tion the assembly at once assented and Col- onel Henderson personally attended the con- vention, with John Farrow, attorney in fact for the head warriors or chiefs of the Chero- kee Indians' and exposed to view the Wataga deed of the 17th of March, 1775. The as- sembly having inspected this formal and some- what verbose document, signed by the three great chiefs, Oconestoto (the king), Attacull- acullah (Little Carpenter) and Savonooko (Raven Warrior), turned their attention to the preparation of a formal compact to be entered into by the proprietors and the people. This compact, signed and sealed on the 27th of May, 1775, guarantees the annual election of delegates, religious freedom, independence of the judiciary and other similar provisions for a free government."
After the return to their stations of those who had attended the convention and a recital of the manner of the "Lord Proprietor," the pioneers who had preceded Henderson into the wilderness and who, up to this time, had been somewhat in sympathy with his efforts, began to have a feeling of alarm and hostility. Under hardships and facing dangers such as he had never known, they had selected homes for themselves, and they now feared that if Henderson established his claims they would find free government sacrificed and in its stead a "proprietary government designed for the benefit of the few;" in other words, Hender- son would be lord of the manor and they but his vassals. The vassalage idea was quite un- popular at that period in Kentucky.
This feeling of discontent was soon visibly apparent. When Colonel Henderson joined his forces to those at Boonesborough the strength of the garrison was sixty-five. This
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was April 20, 1775. Within a few weeks this force was increased to about eighty men, but after the konvention, so great was the discon- tent that by June 15th the force had dwindled to fifty and was steadily declining.
Virginia was hostile; of that no doubt was left when Lord Dunmore's proclamation was issued. Governor Martin of North Carolina had left no doubt of his opposition to the Wataga treaty. The colonists, most of whom had preceded Henderson and his party into the new land, were discontented and their op- position to Henderson and his schemes grew daily more pronounced. Those coming into the country from Virginia, North Carolina and elsewhere, avoided Henderson and Boonesborough and sought homes at other places. Some few of the earlier settlers recog- nized the authority of Henderson's company and paid the charges assessed against them without a murmur, believing that they were thus securing valid titles to their lands. Oth- ers, not so trusting and wiser, relied wholly upon their Virginia titles, denouncing Hender- son and the proprietary company as impostors. The weight of all authority of the period is that Henderson was not recognized as of au- thority to grant lands, by the original settlers who had preceded his coming. That large bodies of land were undoubtedly entered un- der his authority is not denied but those en- tries were made by newcomers.
Henderson and his associates, recognizing the discontent, formulated regulations con- cerning land claims, providing for a General Agent of the company who should reside in the colony and receive a stated salary out of the proceeds of the sale of lands. For some reason, not available now, Henderson permit- ted Colonel John Williams, rather than him- self, to be chosen to this position. It may be observed at this point that neither the name of Henderson nor this Colonel Williams appears anywhere in the records of subsequent battles with the Indians in defense of the colony.
They appear to have had each "an itching palm," rather than a desire to face danger and death in defense of the land which they claimed by a title shadowy at its best.
Williams, as agent, was forbidden to "grant any lands adjoining salt springs, gold, silver, copper, lead, or sulphur mines, knowing then to be such." In all deeds drawn he was di- rected to reserve "one-half of all gold, silver, copper, lead and sulphur" to the company. Along navigable rivers grants had a depth twice the length of the water frontage, but the settlers resented this not unreasonable provi- sion, as they were accustomed to select what- ever land they desired and wherever they de- sired it. The company also fixed an arbitrary price upon the land which, again, had a ten- dency to produce a feeling of opposition upon the part of prospective and present settlers. The present independent spirit of the Ken- tuckian may readily be ascribed to the char- acter of his ancestors, who brooked no inter- ference with what they deemed their just rights.
Among other important transactions of the company at this time was the voting "that a present of 2,000 acres of land be made to Colonel Daniel Boone, with the thanks of the Proprietors for the signal service he had ren- dered to the company." This statement gains additional force from the indication given that the "Kentucky Colonel" began to flourish in colonial days and is not, as popularly sup- posed, a product of latter day wars and the propensity of a peaceful people to distinguish certain of their number with a title which, in many instances, means that its recipient never saw a regiment in line nor heard a hostile gun.
Henderson and his associates, recognizing the powerful effect upon their plans of the openly declared opposition of Virginia and North Carolina, made a play for the support of the then highest power in the colonies-the Continental congress at Philadelphia. A
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memorial to that body was prepared, asking that Transylvania be recognized as one of the United Colonies. In the Durrett manuscript history is a complete copy of this memorial. The plea for recognition contained the follow- ing "patriotic fireworks," so termed by McEl- roy : "Having their hearts warmed with the same noble spirit that animates the colonies and moved with indignation at the late min- isterial and parliamentary usurpations, it is the earnest wish of the Proprietors of Tran- sylvania to be considered by the colonies as brothers, engaged in the same great cause of liberty and mankind."
James Hogg, one of the Proprietors, was sent with this appeal to the congress with in- structions that he ask to be seated in that body as the delegate from Transylvania. Hogg proceeded forthwith to Philadelphia, where he arrived October 22, 1775. Some six weeks later he reported to Henderson his movements and the results of his several interviews with prominent delegates, among others with John and Samuel Adams, of Massachusetts, whom he represents as being pleased with the idea. Objection was made, however, that "taking under our protection a body of people who have acted in defiance of the King's proclama- tion will be looked on as a confirmation of that independent spirit with which we are daily reproached." Hogg claimed that the memorial breathed loyalty to the king. He reports them as pleased with the memorial, but with that shrewdness characteristic of the Adams fam- ily, they discovered the important fact that the proposed Transylvania comprised a part of the lands embraced in the chartered grant to Virginia, and, withdrawing from further con- sideration of the matter, the Adamses very properly suggested that Hogg advise with the Virginia delegation before proceeding further.
Hogg, in pursuance of this advice, placed before Thomas Jefferson and George Wythe. of the Virginia delegation, the memorial, to- gether with an explanation of his mission and
the desire of the Proprietors, that he, as one of them, be admitted to the congress as the delegate from Transylvania. An amination of the map disclosed to these gentlenien, as it had done to the Adamses, that the Transyl- vania lands were within the limits of Vir- ginia's chartered rights, and that colony would probably be within its rights were it to claim the whole of Transylvania. Jefferson stated that he would not urge interference, however, by Virginia, unless an effort were made to establish an arbitrary or oppressive govern- ment within her chartered boundaries.
Mr. Jefferson refused to consent to an ac- knowledgment of Transylvania by the con- gress without the approbation of his constitu- ents, which Hogg represents him as thinking might be obtained. McElroy, in "Kentucky in the Nation's History," quotes as follows from Hogg's report to Colonel Henderson, now in the valuable historical manuscript of Colonel Durrett : "I was several times with Mr. Dean of Connecticut. He says he will send some people to see our country, and if their report be favorable, he thinks many Connecticut peo- ple will join us. This gentleman is a scholar and a man of sense and enterprise, and rich, and I am apt to believe has some thoughts of heading a party of Connecticut adventurers, providing things can be made agreeable to him. He is recognized (as) a good man, and much esteemed in congress ; but he is an enthusiast on liberty and will have nothing to do with it unless he is pleased with our form of govern- ment. He is a great admirer of the Connecti- cuit constitution, and was so good as to favor me with a long letter on that subject, a copy of which is enclosed. You would be amazed to see how much in earnest all these speculative gen- tlemen are about the plan to be adopted by the Transylvanians. They entreat. they pray, that we make it a free government, and beg that no mercenary or ambitious views in the Proprie- tors may prevent it. Quit rents, they say, is a mark of vassalage, and hope that they shall
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not be established in Transylvania. They even threaten us with their opposition, if we do not act on liberal principles when we have it so much in our power to render ourselves immor- tal. Many of them advised a law against ne- groes." Mr. Hogg's letter ends here, without further details as to his mission, but it is known from other sources that he failed to re- ceive official recognition and was never seated as the delegate from Transylvania in the Con- tinental congress, which body rejected the me- morial borne by him.
This result is directly traceable to the re- nowned Patrick Henry, who employed his splendid talents against the entire Transylva- nia project. It seems that Mr. Hogg did not properly estimate the character of Henry and, in effect, put into use, or attempted to do so, methods that in more modern days, have been used with more success in certain instances. In a word, he practically offered Henry a bribe. In a deposition by Patrick Henry, given June 4. 1777, "the deponent fur- ther says that William Henderson and his partners, very soon after their supposed pur- chase, joined in a letter to this deponent in which was contained, as this deponent thinks, a distant, though plain hint, that he, the depo- nent, might be a partner with them." Henry refers to other messages to the same effect re- ceived from the Henderson company, all of them being refused with "the strongest disap- probation of their whole proceeding, giving as a reason that the people of Virginia had a right to the back country derived from their charter and the blood and treasure expended on that account."
The failure of Hogg to receive recognition at Philadelphia was not the only blow that struck the ambitious and avaricious Transyl- vania Company at this time. Men who had en- tered lands at the land office of the company were growing restless under the many restric- tions and petty annoyances of the Lords Pro- prietors. Eighty-four men who had entered
lands in the office by Colonel Williams became dissatisfied, and were in fear of loss of their money and lands by reason of insecure titles. These men united in a petition to the Vir- ginia convention, stating that they had been induced by a show of easy terms to enter lands in the Transylvania Company's alleged region, believing that they were receiving good titles. They further stated that the company had "ad- vanced the price of the purchase money"-a somewhat singular statement, as the company, though claiming much authority, probably would not have asserted the power to fix the "price of money." It may be assumed that the petitioners meant that the company had ad- vanced the price of the lands they pretended to sell, especially as they go on to state that the company had "increased the fees to entry and surveying to a most exhorbitant rate, rising in their demands as the settlers increase, or their insatiable avarice shall dictate." They go fur- ther and state the belief that the territory claimed by the Transylvania Company lies within the boundaries set out in the Fort Stan- wix treaty and that the king will take steps at some time to assert his title thereto. The pe- titioners state their fear that they are in danger of being deprived of their lands and of being forced to repurchase them, should a new proprietor, with a deed from the king, assert ownership in the disputed territory. For these reasons the petitioners plead to be taken under the protection of the Virginia convention, stat- ing their belief that they are in fact still a part of that colony, and begging protection from the impositions of the men calling themselves "Proprietors."
This petition was received by the Virginia convention in March, 1776, but definite action thereon was prevented by more momentous questions. The Indians of the northwest re- ceiving news of hositlities between the Ameri- can colonies and England, renewed the bar- barous warfare temporarily ended by the bat- tle at Point Pleasant, British agents going
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among them and inciting them to deeds of vio- lence. If Virginia went to the defense of the colonies in Kentucky, the Transylvania Com- pany must be ignored. If Virginia declined to aid them, then the Transylvania people must arrange their own defense. This was a ques- tion of great moment ; how great was not then
recognized by the Virginia authorities. It was solved by a man who was later to play a great part in the making of history and to give to Virginia a great territory, free from Indian or English influence. George Rogers Clark ap- peared upon the scene at this critical moment.
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