USA > Kentucky > A history of the commonwealth of Kentucky > Part 21
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sixty-six cents) or one thousand pounds of tobacco, if a judg- ment was rendered for less than one half of either, it was final; if for more than fifty shillings, eight dollars and thirty-three cents, or five hundred pounds of tobacco, an appeal lay to the quarter sessions. The county court, a tribunal of great local value, was to hold a monthly session; at which it was to take cognizance of all cases of wills, letters of administration, mills, roads, the appointment of guardians and the settlement of their accounts. In addition to this catalogue of interesting municipal powers, it likewise, without any representative character, had the power of levying certain sums of money upon the respective counties for various objects of expense, such as public buildings, bridges, and the support of the poor. The jurisdiction of the quarter session courts extended to all cases at common law and chancery, excepting criminal cases involving life or limb. The criminal jurisdiction was exer- cised by one court called the court of oyer and terminer, which was held twice a year by three judges, from whose decision there was neither appeal nor writ of error. This sketch may serve to convey some idea of the earliest judicial system, under the State government; the improvement of which has been one of the most interesting and constant objects of attention in the legislation of the State. The members of the county courts have continued eligible to the legislature, and those of the quar- ter sessions did till 1794; when they were most properly pre- vented from thus confounding the different departments of gov- ernment. It is said the original draft of the law creating the quarter session courts, as furnished by the Attorney General, denominated the members of the court judges, which would bave excluded them from the legislature. On the ground of this exclusion, the bill was rather strangely returned by the Governor and amended by the legislature, so as to insert jus- tices of the peace. The economy, or more properly the value of money in these times, is really too remarkable to escape notice. The members of Assembly received one dollar per diem and twelve dollars each for the whole session; twenty dollars compensated the presiding officer of each house; fifty
,
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dollars the clerk, and twelve dollars the sergeant-at-arms; these considerable sums, it has rather sarcastically been observed, were in full of all demands. The largest bill seems to have been that of the public printer; well illustrating the scarcity and value of mechanics, by the contrast of their compensation, with that of the first statesmen of Kentucky. It was three hundred and thirty-three dollars and a third. No revenue hav- ing yet been collected, the treasurer was directed to borrow money. In connexion with this subject, the revenue system of the State and its treasury arrangement next present them- selves. Every hundred acres of land and every slave not ex- empted by the county court for infirmity of age, was taxed one third of a dollar; every horse, &c., about eleven cents; every head of cattle four cents: each wheel on every coach or chari- ot one dollar; for every wheel of other riding carriages not used in agriculture two-thirds of a dollar; for every billiard table thirty-three dollars and a third; every ordinary license ten dol- lars; every retail store, ten dollars. This revenue system was carried into effect by commissioners appointed by the county courts, whose business it was, to take lists of the taxable prop- erty; the sheriff was to make the collection from the people, account with the auditor of public accounts for the amount, and pay the same to the treasurer once a year. The treasury de- partment was organized by appointing an Auditor and Treas- urer. The former officer held his office during good behavior, and was charged with keeping the public accounts between the State and all other persons or States; he audited the accounts of all civil officers or persons having claims against the Com- monwealth, and issued warrants for such sums as are expressly directed "by law to be paid out of the treasury." The treasurer was annually elected by joint ballot of both houses. It is impor- tant to observe that this officer was emphatically made a legisla- tive agent, and not an executive one: his duties were as usual with such officers. Within this year the Indians renewed their depredations within eight miles of Frankfort, on Russel's creek, south of Green river, in Madison county and in Nelson.
In consequence of the disasters experienced by the unfortu-
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nate St. Clair, though fully exculpated from all blame by Gen. Washington,* he resigned the command of the mutilated army. The military establishment was then authorized to be increased to 5000 men. At the head of this force Anthony Wayne of high reputation in the revolutionary war, was placed in 1792, with Brigadier Generals Posey and Wilkinson. Such were the indications, that the government had determined to prosecute the Indian war vigorously. Yet there was great division of sentiment on the best mode of pursuing this irregular warfare against the barbarians of North America. Nor was this differ- ence confined to the legislative councilst of the nation: it pre- vailed with a good deal of obstinacy in Kentucky. Here the desultory incursions, which had marked the military operations of the early settlers, still possessed the hearts of the country. This was natural enough to a people experienced and triumph- ant in war only, upon a limited scale; but the truth is, the mounted expeditions of' the early times, were more chivalric than effective, more brilliant than useful; they were inroads not conquests. In no one instance did they, or could they compel the enemy to a full trial of their strength, much less defeat them, as in the battles of the Maumee and of Tippecanoe. To meet the powerful confederacy of the barbarian tribes aided by a jealous and hostile neighbor, a system of tactics was adopted for the peculiar theatre and enemy, which had developed the mili- tary powers of the Great President in the opening of his mili- tary career, under the colonial government of Virginia.
The Indians of North America have proved themselves equal to the best light troops in the world, among their own woods and fastnesses. The evidence of this truth has been wofully given by the slaughter, rather than defeat of French, English and American troops with great superiority of numbers and arms, on their part. The alarming losses, which our troops had experienced against the savages from the close of the rev- olutionary war to the times in question, induced General Washington to have a special military conference on the subject with Gen. Knox, then Secretary at War, and General
« Marshall's Washington, vol. 2, p. 23. # Idem, p. 208, 224, 225.
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Wayne .* The result of this council was the system of tactics observed by this officer in his northwestern campaigns. The principles of this system, as they have never been historically developed, will now be attempted on the authority of a distin- guished officer of General Wayne's staff.
The principal features were, Ist, a "facility of forming an . order of battle from an order of march, to resist a sudden and unexpected attack from whatever quarter it might come;" 2, "a. capacity of forming in line in thick woods; 3d, an easy mode of securing and prolonging the flanks, notwithstanding the line of extreme open order, each file being more than arms length from those on the right and left. All these were essential points in a war with our northwestern Indians;" because no vigilance could guard against an unexpected attack from them in their native woods. Yet these were the scene of operations; and "the object of their tactics is always to turn the flank of their enemy. But by the formation adopted against the In- dians, in attempting to turn either flank, they met a succession of fresh troops coming from the rear to extend the line." Upon the "European plan, as well as our own practice of fighting regular troops, the files are so close that the shoulders of the men touch each other. In fighting Indians there was no shock to be given or received, a very open order was therefore attended with two very great advantages; it more than doubled the length of the lines, and in charging, which was an essential part of the system, it gave more facility to get through the ob- stacles which an action in the woods presented." Such were the principles, which were to govern our troops in their active operations against the enemy; when encamped, "it was always in a hollow square. Within this. all the baggage and cavalry were secured, and sometimes the light infantry and riflemen, for the purpose of making sallies in a night attack. Ramparts of logs were formed around the encampment, solely to repel a sud- den night attack, until the troops could get under arms. They were not intended for defence in daylight. To defeat Indians by regular troops the charge must be relied upon; the fatality
. Gen. Harrison's letter to the author.
'T
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of a contest at long shot with their accurate aim and facility of covering themselves, was mournfully exhibited in the defeats of Braddock and St. Clair. "General Wayne used no patroles, no picket guards .* In Indian warfare they would always be cut off; and if that were not the case they would afford no addi- tional security to the army, as Indians do not require roads to enable them to advance upon an enemy. For the same reason, (that they would be killed or taken) patroles were rejected, and reliance for safety was entirely placed upon keeping the army always ready for action. In connection with this system of constant preparation, there was only a chain of sentinels around the camp, furnished by the camp guards, who were placed with- in supporting distance."
Such were the military principles adopted in the continuance of the warfare against our Indian foes. There seems to have been no divergent attacks to the right or left of the line of operations, in order to protect the communications with the base of supply at the Ohio. Yet had such expeditions have been re- concilable to other military principles, they would have pro- tected that line from many destructive interruptions.
The plan appears to have been, to make no detachments, so fatal to Harmar and St. Clair; but to preserve the army in un- broken strength. Still accurate information might, it would seem, have authorised incidental expeditions, as they were af- terwards adopted under the command of his pupil on the same scene of operations at Mississineway ; and by Colonel Johnson's mounted regiment.
About the 6th of November, 1792, Major John Adair, after- wards so distinguished at New Orleans, and elected Governor of the State, in command of "about a handred Kentucky militia, was attacked by a large body of Indians under Little Turtle, in a camp near Fort St. Clair, one of the forts on the line of operations north of Fort Washington; and after a gallant re- sistance, was forced to retreat, with the loss of six men killed, the camp equipage and one hundred and forty pack horses.""
» They are small bodies of men placed at a considerable distance from an army, on the principal avenues of approach to it. They furnish no sentinels, except for their .own protection.
+ Marshall2-41.
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The enemy are said to have been repelled several times and as often recovered their advantage, with which they finally with- drew, taking all their booty : they are said to have left seven dead on the field, and to have been seen carrying off several during the action. "Brigadier General Wilkinson, who then commanded the United States' troops in the west, bestowed encomiums on the Major for his good conduct, and on his men for their bravery." Towards the close of the year the death of Colonel John Hardin was ascertained. He had most unaccountably for an officer of such value, (as well as Major Trueman) been invited from his private home by Colonel Wilkinson; through motives of private attachment to Hardin and anxiety to discharge the duty of a peace messenger, (to use the Indian phrase,) in order to prevail on the savages to come on terms of peace. That officers of their worth should have been exposed, contrary to their own ex- cellent judgments, on so hopeless a mission to such perfidious barbarians, is truly lamentable. If messengers must have been sent, why select officers whose services in more important ope- rations were so invaluable? Why not send some such men as Miller, who was employed in the same office by Gen. Wayne? Gen. Washington began his military career on just such a mis- sion, and he was anxious that the attempt should be made. Not for a moment, should the shocking insinuation,* contrary to all probability and evidence be believed, that these officers were purposely sent on their dangerous errand to put them out of military competition with Wilkinson. The natural generosity of Wilkinson, his love of gallant bearing and his devotion to his profession, as well as his actual elevation and superior charac- ter, must protect his memory from so cruel an implication. The circumstances of Hardin's death are imperfectly known; he had proceeded on his mission to the Miami towns, accompa- nied by his interpreter; and arrived at an Indian camp, about a day's journey from where Fort Defiance was afterwards built by Gen. Wayne, on the Maumee; and about the same dis- tance from a town inhabited by Shawanees and Delawares. This officer was well received by the Indians in camp with
* Marshall 2-12.
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their usual respect for messengers of peace; but after having been there some time, five Delawares came from the town; when learning this, the Colonel proposed to go there with them that evening; they refused. Still they seemed friendly and they encamped together that night, in the morning, how- ever, owing to suspicions excited by minute enquiries about the country, more ferocious councils prevailed, and the Colonel was killed; his companion was afterwards murdered on the road to Sandusky. At the same time it must be mentioned in alleviation of this enormity, "that when the news was carried to the Indian town, that a white man with a peace talk had been killed at the camp, it excited great ferment, and that the murderers were much censured."
The depredations of the Indians continued to vex and harass the country, almost in every direction, during 1793. They plun- dered horses in Logan county, and the mail carrier through the wilderness was killed on Laurel River. On the Ist of April, Morgan's Station, on Slate creek, was captured, and most of the women and children taken prisoners; these, when a pursuit was commenced by a party of militia, were all killed. In an oppo- site section of the country, a man was killed on the Beech Fork of Salt river; boats descending the Ohio continued to be at- tacked with the most daring boldness, even at the Eighteen Mile Island, above Louisville, and between that city and the mouth of Salt river .*
These disgusting and wearisome details are preserved to show the insecurity of the country at so late a period. Yet notwithstanding these outrages, the President, in order to coun- teract the strong impression which had possessed the minds of the people east of the mountains, that their fellow citizens of the west were the aggressors in the contest with the Indians; and that sincere attempts to make peace with them, would be successful, ordered a treaty to be held at Sandusky. In the mean time all hostilities with the Indians pending these negoti- ations, were necessarily forbade. How hardly and painfully this conduct was felt in Kentucky, need scarcely be dwelied
· Marshall 2-81, 82.
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upon after the recent distressing details. Nor can its necessity be appreciated, without attentively noticing the deep rooted prejudices of the country at large, on the subject of Indian hos- tilities. They showed themselves in the debates of Congress, and were too much confirmed by the history of the national intercourse with the aborigines in general. Sympathy with the interests of a race of men incompatible with the existence of our agricultural people, seems to have occupied the people east of the mountains, when it had no longer room to operate against themselves. No thought then seemed to exist, that the same causes of inconsistent states of social existence, prevailed on the western side of the mountains, just as they had presented themselves on their eastern side, for the preceding century and a half. Our people would have gladly abided, for the present, with the territorial limit of the Ohio river. This had vainly been said to be "fixed as final,"* at the treaty of Fort Stanwix, in 1768, as the boundary between the red and the white people; or more properly, between the hunters and the agriculturists. But no territorial limit could permanently arrest the ruin of the one race, or the progress of the other. The decree of their fate was passed by natural causes, which no human exertions could counteract.
The commissioners appointed by the President of the United States, now announced, that the Indians would not form a treaty of peace. The sincere and persevering benevolence of the Government was vindicated; and the rest was left to the fate of arms. General Wayne, who had assembled his troops at Fort Washington, received orders early in October, 1793, to commence his march towards the Maumee. In pursuance of his authority, he had called upon the Government of Kentucky for a detachment of mounted volunteers. Thesc, so deep was the dislike, and the want of confidence in regular troops among the militia of Kentucky, after the disasters of Harmar and St.
*"And we dewire that one article of this, our agreement, may be, that none of the proo- inces or their people shall attempt to invade it, under color of any old deeds, or other pro- tences whatsoever: And that no further u'tempts will be made on our lands, but that this une be considered as pinal." "The line was the Ohio river, on the south, by certain spe- cifications, to Wood creek, in the present State of New York .- Extract from the treaty of For. Stanwix.
T2
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Clair, could not be obtained by volunteering. On the 28th of September, the Governor of Kentucky had been compelled by this reluctance to order a draft from the militia. The necessary re-enforcement was obtained; and by the 24th of October, Gen- eral Scott, at the head of one thousand mounted men, from Ken- tucky, reached within four miles of head quarters, then six miles in advance of Fort Jefferson, and eighty miles from the Ohio river .* Here the troops rested for several days. The Indians were now known to be in great force in the neighbor- hood of the Miami villages, eagerly anticipating another de- structive victory over their white enemies. The season was far advanced in that rigorous climate, and the army not too well prepared for the stern and trying conflict with savages, more flushed with confidence of conquest than they had ever been, without more open co-operation of some European force. This was the first campaign the army had prosecuted in the woods; in consideration of these united difficulties, the General-in- chief most prudently determined to suspend his march, and to build Fort Greenville. The regular troops now entered into winter quarters, and the Kentucky militia were dismissed, not unpleasantly, though with renewed confidence in regular forces, owing to the energy and the hardihood displayed by General Wayne.
Early in 1793, the contagion of French attachment manifest- ed itself in the United States, by the establishment of the Demo- cratic Society in Philadelphia, in too close imitation of the dis- organizing clubs which had disseminated anarchy and destruc- tion throughout the beautiful kingdom of France. Not that the partialities of our countrymen for Frenchmen, or their sympathy with the fortunes of France, are to be confounded with the crimes against all social order, which deformed the French revolution. Many of these they did not know, and much they did not credit, coming as it did through English channels, a source of information doubly suspicious to our country- men, at the time, from the hostilities of England against France, and likewise from her exasperating policy towards the
· Marshall 9-84.
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United States. One branch of this course of British measures came home most feelingly to the people of Kentucky, who felt it raising the Indian tomahawk against them and their helpless women and children. Is it then to be wondered at, if amidst these causes of aggravation, the Kentuckians felt keenly against the English, and as warmly for their enemies, the people of France? In addition to this powerful cause of natural excite- ment, was to be added the no less agitating sentiment of national gratitude for the people who had so signally befriended us in the period of our weakness, and when all the power of Great Britain was brought to bear on these comparatively infant colo- nies. Many of the revolutionary officers who had removed to Kentucky, as Scott and Hardin, Anderson and Croghan, Shelby and Clark, with numerous followers, had fought side by side with the French in our own armies; and all had fought against the British and their auxiliaries, the Indians. In consequence of this state of public sentiment, Democratic societies were readily established at Georgetown, Paris, and Lexington, on the model of the one at Philadelphia. These societies were par- ticularly opposed to the course of General Washington's ad- ministration, in its foreign as well as domestic policy.
In regard to the latter, the society at Lexington came to the following violent resolution upon the subject of the navigation of the Mississippi :* "that the right of the people on the waters of the Mississippi, to the navigation, was undoubted; and that it ought to be peremptorily demanded of Spain, by the govern- ment of the United States."
In this state of public feeling, the French minister, Gener, about the 1st of November, 1793, sent four persons of the names of La Chaise, Charles Delpeau, Mathurin, and Gignoux, to Kentucky, with orders to engage men in an expedition against New Orleans, and the Spanish possessions. For this purpose they carried with them blank commissions. The Governor was soon afterwards informed by the Secretary of State, of this en- terprise, and f"that the special interests of Kentucky would be particularly committed by such an attempt, as nothing could be
+ Marshall 2-92. tAm. State Paper, 2 -- 36.
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more inauspicious to them than such a movement, at the very moment those interests were under negociation between Spain and the United States."
Such however was the excitement of the public mind on the subject of the Mississippi, added to its fevered condition in regard to French politics; that too many persons were ready to embrace those foreign proposals to embroil the peace of the United States. Two of these emissaries had the audacity to address letters to the Governor, informing him in express terms of their intention* "to join the expedition of the Mississippi," and requesting to be informed whether he had "positive orders to arrest all citizens inclining to our assistance." To this ignorant and presumptuous letter of Delpeau, Governor Shelby conde- scended to reply in the words of the Secretary of State, that he had been charged to "take those legal measures necessary to prevent any such enterprise," "to which charge I must pay that attention, which my present situation obliges me." These foreign agents proceeded in their piratical attempt from the bosom of a neutral and friendly nation, to raise two thousand men under French authority; and to distribute French commis- sions among the citizens of Kentucky; to purchase cannon, powder, boats and whatever was deemed necessary for a formidable expedition. In an unguarded moment these insinua- ting agents of a foreign government, influenced by the same mischievous spirit, that had undermined the peace and indepen- dence of so many European states, got the better of the exalted patriotism, and devoted fidelity of General George Rogers Clark; and prevailed upon him to take command of the expedi- tion ast "a Major General in the armies of France, and com- mander in chief of the revolutionary legions on the Mississippi." Under this ominous description for an American officer, he issued under his own name, proposals "for volunteers for the reduction of the Spanish forts on the Mississippi, for opening the trade of that river and giving freedom to its inhabitants." " All persons serving on the expedition, to be entiled to one thousand acres of land, those that engage for one year, will be
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