Collins historical sketches of Kentucky. History of Kentucky: Vol. II, Part 81

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1654

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. II > Part 81

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t In the possession of Judge James Hall, in 1835.

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MADISON COUNTY.

and father of Nathaniel Hart, afterwards prominent in Woodford county, and uncle of Mrs. Henry Clay, of Ashland. In 1779, he brought his family to Boonesborough, then built a station at the White Oak spring, about a mile above Boonesborough, in the same bottom of the Kentucky river, and removed to it. In Aug., 1782, while carelessly riding out in the vicinity of the fort, he was killed and scalped by a small party of Indians, who made their escape, although warmly pursued by Col. Boone. His widow survived him about two years.]

Wednesday, April 5th. Started off with our pack-horses.

Friday, 7th. About break of day, it began to snow. About 11 o'clock, received a letter from Mr. John Luttrell's camp [Mr. L. was another of the proprietors of Transylvania], that there were five persons killed by the Indians, on the road to the Cantuckey. Same day, received a letter from Daniel Boone, tliat his company was fired upon by Indians-who killed two of his men, though he kept the ground and saved the baggage, etc.

Saturday, Sth. Started about 10 o'clock, crossed Cumberland Gap. About four miles from it, met about 40 persons returning from the Cantuckey, on account of the late murders by the Indians. Could prevail on only one to return. Several Virginians who were with us turned back from here.

Monday, 10th. Despatched Capt. Wm. Cocke [afterwards a prominent judge in Tennessee] to the Cantuckey, to inform Capt. Boone that we were on the road.

Sunday, 16th. About 12 o'clock, met James McAfee, with 18 other persons, returning from Cantuckey. [Of these, Robert McAfee, Samuel McAfee, and several others, were persuaded by Col. Henderson to turn back, and go with him to Boonesborough.]

Thursday, April 20, 1775. Arrived at Fort Boone, or the mouth of Otter creek, Cantuckey river-where we were saluted by a running fire of about 25 guns, all that were then at the fort. The men appeared in high spirits and much rejoiced at our arrival.

Friday, April 21st. On viewing the fort, finding the plan not sufficient to admit of building for the reception of our company, and a scarcity of ground suitable for clearing at that advanced season, was at a loss how to proceed. Capt. Boone's company having laid out most of the adjacent good lands into lots of two acres each, and taking as it fell to each individual by lot, was in actual possession and occupying them. After some perplexity, resolved to erect a fort on the opposite side of a large lick, near the river bank, which would place us at the distance of three hundred yards from the other fort- the only place where we could be of any service to Capt. Boone's men, or vice versa.

Saturday, 22d. Finished running off all the lots we could conveniently get, 54 in number. Gave notice of our intention of having them drawn for in the evening. But Mr. Robert McAfee, his brother Samuel, and some more, were not well satisfied whether they would draw or not. They wanted to go down the river Cantuckey, about 50 miles, near Capt. Harrod's settlement- where they had begun improvements and left them on the late alarm. I in- formed them myself, in the hearing of all attending, that such settlement should not entitle them to lands from us. They appearing much concerned, and at a loss what to do, the lottery was put off till next morning, at sunrise- thereby giving them time to come to a resolution.

SUNDAY, APRIL 23D, 1775. Drew lots, and spent the day without public worship. The interval was employed in building a magazine, sowing seeds, etc.

Wednesday, May 3d. Capt. John Floyd arrived here, conducted by one Joe Drake, from a camp on Dick's river, where he had left 30 of his company from Virginia; and said that he was sent by them to know on what terms they might settle our lands. Was much at a loss on account of this gentle- man's arrival and message-as he was surveyor of Fincastle county under Col. Preston.

Sunday, May 7th. Went into the woods after a stray horse; staid all night ; and on our return, found Capt. Harrod and Col. Thos. Slaughter, from Harrodstown, on Dick's river. It is, in fact, on the head of Salt river, and

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MADISON COUNTY.

not on Dick's river. Col. Slaughter and Capt. Harrod seemed very jocose, and in great good humor.

Monday, 8th. Was very much embarrassed by a dispute between the above. The last mentioned gentleman, with about 40 men, settled on Salt river last year (1774), was driven off [by the Indians], joined the army [under Col. Lewis, that fought the battle of Point Pleasant, 10th October, 1774.] with 30 of his men; and being determined to live in this country, had come down this spring from the Monongahela, accompanied by about 50 men- most of them young men without families. They had come on Harrod's in- vitation, and had got possession some time before we got here.

After much dispute about the respective claims of Slaughter and Harrod, for lands to be apportioned to their respective companies, in order to divert the debate on this irritating subject, a plan of government by popular repre- sentation was proposed.

The reception this plan met with from these gentlemen, as well as Capt. John Floyd, a leading man on Dick's river, gave us great pleasure; and there- fore we immediately set about the business.

Appointed Tuesday, May 23d, instant, at Boonesborough, for the mecting of delegates, and accordingly made out writings for the different towns [or settlements] to sign. For want of a little obligatory law or some restraining authority, our game soon-nay, as soon as we got here, if not before-was driven off very much. As short a distance as good hunters thought of getting meat was 15 or 20 miles ; nay, sometimes they were obliged to go 30 miles- though, by chance, once or twice a week, buffalo was killed within 5 or 6 miles of the camp. The wanton destruction of game gives great uneasiness.

Saturday, May 13th. No scouring of floors, sweeping of yards, or scalding bedsteads, here.

About 50 yards from the river [Kentucky] behind my camp, and a fine spring a little to the west, stands one of the finest elms that perhaps nature has ever produced. The tree is produced on a beautiful plain, surrounded by a turf of fine white clover, forming a green to the very stock. The trunk is about 4 feet through to the first branches, which are about 9 feet from the ground. From thence it regularly extends its large branches on every side, at such equal distances as to form the most beautiful tree the imagination can suggest. The diameter of the branches from the extreme end is 100 feet ; and every fair day it describes a semicircle on the heavenly green around it, of upwards of 400 feet in circuit. At any time between the hours of 10 and 2, 100 persons may commodiously seat themselves under the branches.

This divine tree-or, rather, one of the many proofs of the existence from all eternity of its Divine Author-is to be our church, council chamber, etc. Having many things on our hands, we have not had time to ercet a pulpit, seats, etc. ; but hope, by Sunday sevennight, to perform divine service in a public manner, and that to a set of scoundrels, who scarcely believe in God or fear a devil-if we are to judge from most of their looks, words, or actions.

Tuesday, May 23d, 1775. Delegates met from every town [1. Harrods- burg; 2. Boiling Spring settlement, 6 miles s. E. of Harrodsburg; 3. St. Asaph's, 1 mile w. of Stanford, in Lincoln county ; and 4. Boonesborough] -- pleased with their stations, and in great good humor.

Wednesday, May 24th. Convention met (under the divine elm) for the colony of Transylvania; sent a message acquainting me that they had chosen Col. Thomas Slaughter as chairman, and Matthew Jouett, clerk-of which 1 approved, and went and opened business by a short speech, etc.

Thursday, May 25th. Three of the members waited on the proprietors with a very sensible address, which they asked leave to read; read it; and delivered an answer in return. Business went on. This day four bills were fabricated : 1. For establishing tribunals of justice and for recovery of debts; 2. For establishing a militia ; 3. For preventing the destruction of game, etc. ; 4. A law concerning fees. The delegates are very good men, and much dis- posed to serve their country.

Saturday, May 27th. Finished the Convention in good order-every body pleased.

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MADISON COUNTY.

Sunday, 28th May. Divine service, for the first time in Kentucky, was performed by the Rev. John Lythe, of the Church of England. Most of the delegates returned home.

Monday, 5th June. Made out commissions for Harrodsburg, Boiling Spring settlement, and St. Asaph's, both military and civil.

Friday, June 16th, Continue eating meat, without bread.

Sunday, June 18th. Michael Stoner, our hunter, not returned; was ex- pected yesterday ; no meat.

Wednesday, July 12th. Horses being almost worn out, went up the river (Kentucky) in a canoe, to get meat, if possible. Our salt quite out-except about a quart which I brought from Harrodsburg. Times a little melancholy ; provision very scarce ; no salt, to enable us to save meat at any distance from us. No accounts or arrival from within ; weather very dry ; the springs being scarce, water was rarely to be gotten. We were not able to raise above 14 or 15 fighting men at one time-unless they were all summoned, which could not easily be done without long notice, they being much dispersed, hunting, etc.

[Reference was made to another "Stitched book, covered with brown paper," beginning July 26, 1775-evidently a continuation of Col. Hender- son's Journal ; but inquiries of his relatives and friends in Kentucky and Tennessee, in 1836-38, failed to discover it. Similar inquiries by the author of this work, made of his descendants in North Carolina in 1873, were like- wise unsuccessful. The foregoing is now published above, in book form, for the first time-existing, heretofore, only in the original MS. or in an old newspaper communication.]

R.H.C.

Thus was organized the first Anglo-American government on the west side of the Allegheny range of mountains. It was silently superseded by the government of Virginia-in pursuance of an ancient colonial policy to allow no Indian transfers of territory to private persons; it was contrary to the chartered rights of the state. The act of the state was not without some com- pensation-some 200,000 instead of 17,000,000 acres-the former embraced in and designated as a tract of land twelve miles square, on the Ohio, below the mouth of Green river.

COPY OF THE ORIGINAL "Journal of the Proceedings OF THE HOUSE OF DELEGATES OR REPRESENTATIVES OF THE COLONY OF TRANSYLVANIA,

Begun on Tuesday the 23d of May, in the year of our Lord Christ 1775, and in'the fifteenth year of the reign of his Majesty, King of Great Britain."

The proprietors of said colony having called and required an election of Delegates or Representatives to be made for the purpose of legislation, or making and ordaining laws and regulations for the future conduct of the in- habitants thereof, that is to say, for the town of Boonesborough six members, for Harrodsburg three, for the Boiling Spring settlement four, for the town of St. Asaph four, and appointed their meeting for the purpose aforesaid, on the aforesaid 23d of May, Anno Domini 1775 :-

It being certified to us here this day, by the secretary, that the following persons were returned as duly elected for the several towns and settlements, to-wit :

For Boonesborough, For Harrodsburg, For Boiling Spring, For St. Asaph, John Todd,

Squire Boone, Thomas Slaughter, James Harrod,

Daniel Boone, John Lythe, Nathan Hammond,

William Cocke, Valentine Harmon, Isaac Hite, and

Alexander Spotswood Dandridge,

Samuel Henderson,

James Douglass ; Azariah Davis;

John Floyd, and Samuel Wood.

William Moore, and Richard Callaway ;

Present-Squire Boone, Daniel Boone, Samuel Henderson, William Moore, Richard Callaway, Thomas Slaughter, John Lythe, Valentine Harmon, James Douglass, James Harrod, Nathan Hammond, Isaac Hite, Azariah Davis, John Todd, Alexander Spotswood Dandridge, John Floyd, and Samuel Wood, who took their seats at convention.

502

MADISON COUNTY.

The House unanimously chose Colonel Thomas Slaughter Chairman, and Matthew Jouett Clerk, and after divine service was performed by the Rev. John Lythe, the House waited on the proprietors and acquainted them that they had chosen Mr. Thomas Slaughter Chairman, and Matthew Jouett Clerk, of which they approved ; and Colonel Richard Henderson, in behalf of himself and the rest of the proprietors, opened the convention with a speech, a copy of which, to prevent mistakes, the Chairman procured.

Ordered, that said speech be read-read the same which follows:

Mr. Chairman, and Gentlemen of the Convention :

You are called and assembled at this time for a noble and an honorable purpose-a purpose, however ridiculous or idle it may appear at first view, to superficial minds, yet is of the most solid consequence ; and if prudence, firmness, and wisdom are suffered to influence your councils and direct your conduct, the peace and harmony of thousands may be expected to result from your deliberations ; in short, you are about a work of the utmost importance to the well-being of this country in general, in which the interest and security of each and every individual is inseparably connected; for that state is truly sickly, politically speaking, whose laws or edicts are not careful equally of the different members, and most distant branches, which constitute the one united whole.

Nay, it is not only a solecism in politics, but an insult to common sense, to attempt the happiness of any community, or composing laws for their benefit, without securing to each individual his full proportion of advantage arising out of the general mass; thereby making his interest (that most powerful incentive to the actions of mankind) the consequence of obedience : this at once not only gives force and energy to legislation, but as justice is, and must be eternally the same, so your laws, founded in wisdom, will gather strength by time, and find an advocate in every wise and well-disposed person.

You, perhaps, are fixing the palladium, or placing the first corner-stone of an edifice, the height and magnificence of whose superstructure is now in the womb of futurity, and can only become great and glorious in proportion to the excellence of its foundation. These considerations, gentlemen, will, no doubt, animate and inspire you with sentiments worthy the grandeur of the subject.

Our peculiar circumstances in this remote country, surrounded on all sides with difficulties, and equally subject to one common danger, which threatens our common overthrow, must, I think, in their effects, secure to us an union of interests, and, consequently, that harmony in opinion, so essential to the forming good, wise, and wholesome laws. If any doubt remain amongst you with respect to the force or efficacy of whatever laws you now, or hereafter make, be pleased to consider that all power is originally in the people ; there- fore, make it their interest, by impartial and beneficial laws, and you may be sure of their inclination to see them enforced. For it is not to be supposed that a people, anxious and desirous of having laws made,-who approve of the method of choosing delegates, or representatives, to meet in general con- vention for that purpose, can want the necessary and concomitant virtue to carry them into execution.

Nay, gentlemen, for argument's sake, let us set virtue for a moment out of the question, and see how the matter will then stand. You must admit that it is, and ever will be, the interest of a large majority that the laws should be esteemed and held sacred; if so, surely this large majority can never want inclination or power to give sanction and efficacy to those very laws, which advance their interest aud secure their property. And now, Mr. Chairman, and gentlemen of the convention, as it is indispensably necessary that laws should be composed for the regulation of our conduct, as we have a right to make such laws without giving offense to Great Britain, or any of the Ameri- can colonies, without disturbing the repose of any society or community under heaven; if it is probable, nay, certain, that the laws may derive force and efficacy from our mutual consent, and that consent resulting from our own virtue, interest, and convenience, nothing remains but to set about the busi- ness immediately, and let the event determine the wisdom of the undertaking.

503

MADISON COUNTY.

Among the many objects that must present themselves for your considera- tion, the first in order, must, from its importance, be that of establishing courts of justice, or tribunals for the punishment of such as may offend against the laws you are about to make. As this law will be the chief corner- stone in the ground-work or basis of our constitution, let us in a particular manner recommend the most dispassionate attention, while you take for your guide as much of the spirit and genius of the laws of England, as can be in- terwoven with those of this country. We are all Englishinen, or, what amounts to the same, ourselves and our fathers have, for many generations, experienced the invaluable blessings of that most excellent constitution, and surely we can not want motives to copy from so noble an original.

Many things, no doubt, crowd upon your minds, and seem equally to demand your attention ; but next to that of restraining vice and immorality, surely nothing can be of more importance than establishing some plain and easy method for the recovery of debts, and determining matters of dispute with respect to property, contracts, torts, injuries, etc. These things are so essential, that if not strictly attended to, our name will become odious abroad, and our peace of short and precarious duration; it would give honest and dis- interested persons cause to suspect that there was some colorable reason, at least, for the unworthy and scandalous assertions, together with the ground- less insinuations contained in an infamous and scurrilous libel lately printed and published, concerning the settlement of this country, the author of which avails himself of his station, and under the specious pretense of proclamation, pompously dressed up and decorated in the garb of authority, 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, charging them, among other things equally untrue, with a design "of forming an asylum for debtors and other persons of desperate circumstances;" placing the proprietors of the soil at the head of a lawless train of abandoned villains, against whom the regal author- ity ought to be exerted, and every possible measure taken to put an imme- diate stop to so dangerous an enterprise.

I have not the least doubt, gentlemen, but that your conduct in this con- vention will manifest the honest and laudable intentions of the present adventurers, whilst a conscious blush confounds the willful calumniators and officious detractors of our infant, and as yet, little community.

Next to the establishment of courts or tribunals, as well for the punishment of public offenders as the recovering of just debts, that of establishing and re- gulating a militia, seems of the greatest importance; it is apparent, that without some wise institution, respecting our mutual defense, the different towns or settlements are every day exposed to the most imminent danger, and liable to be destroyed at the mere will of the savage Indians. Nothing, I am persuaded, but their entire ignorance of our weakness and want of order, has hitherto preserved us from the destructive and rapacious bands of cruelty, and given us an opportunity at this time of forming secure defensive plans to be supported and carried into execution by the authority and sanction of a well- digested law.

There are sundry other things, highly worthy your consideration, and demand redress ; such as the wanton destruction of our game, the only sup- port of life amongst many of us, and for want of which the country would be abandoned ere to-morrow, and scarcely a probability remain of its ever be- coming the habitation of any Christian people. This, together with the prac- tice of many foreigners, who make a business of hunting in our country, killing, driving off, and lessening the number of wild cattle and other game, whilst the value of the skins and furs is appropriated to the benefit of per- sons not concerned or interested in our settlement: these are evils, I say, that I am convinced can not escape your notice and attention.

Mr. Chairman and gentlemen of the convention, you may assure yourselves that this new-born country is an object of the most particular attention of the proprietors here on the spot, as well as those on the other side of the mount- ains; and that they will most cheerfully concur in every measure which can in the most distant and remote degree promote its happiness or contribute to its grandeur. May 23, 1775. RICHARD HENDERSON.

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MADISON COUNTY.

Ordered, that Colonel Callaway, Mr. Lythe, Mr. Todd, Mr. Dandridge, and Mr. Samuel Henderson, be a committee to draw up an answer to the pro- prietors' speech.

May 25th. Mr. Todd produced to the house an answer (drawn up by the committee ) to the proprietors' speech, and being approved of by the com- mittee, ordered, that Mr. Todd, Mr. Cocke, and Mr. Harrod, wait on the proprietors with an answer to their address which is as follows :

Colonel Richard Henderson and Company-Gentlemen-

We received your speech with minds truly thankful for the care and atten- tion you express towards the good people of this infant country, whom we represent. Well aware of the confusion which would ensue the want of rules for our conduct in life, and deeply impressed with a sense of the importance of the trust our constituents have reposed in us, though laboring under a thousand disadvantages, which attend prescribing remedies for disorders, which already call for our assistance, as well as those that are lodged in the womb of futurity. Yet the task, arduous as it is, we will attempt with vigor, not doubting but unanimity will insure us success.

That we have an absolute right, as a political body, without giving umbrage to Great Britain, or any of the colonies, to frame rules for the government of our little society, can not be doubted by any sensible, unbiassed mind -- and being without the jurisdiction of, and not answerable to any of his Majesty's courts, the constituting tribunals of justice shall be a matter of our first con- templation ; and as this will be a matter of the greatest importance, we will still keep in the genius and spirit of the English laws, which happy pattern it shall be our chief care to copy after.

Next to the restraint of immorality, our attention shall be directed towards the relief of the injured as well as the creditor, nor will we put it in the power of calumny and scurrility to say, that our country is an asylum for debtors or any disorderly persons.

Nor shall we neglect, by regulating a militia, as well as the infancy of our country will permit, to guard against the hostilities and incursions of our savage enemies, and at the same time, to be cautious to preserve the game of our country, so essentially necessary for the subsistence of the first adven- turers.

Conscious, gentlemen, of your veracity, we can not express the satisfaction we experience, that the proprietors of this promising colony are so ready to concur with us in any measure which may tend to promote its happiness and . ontribute to its grandeur. THOMAS SLAUGHTER, Chairman.

To which Colonel Henderson returned the following answer :

' Mr. Chairman and Gentlemen of the Convention-

From the just sense of the nature and importance of the trust reposed in you by your constituents, and your laudible and truly patriotic resolution of exerting your abilities in the service of your country, we derive the most san- guine hopes.

Arduous as the task is, every difficulty must give way to perseverance, whilst your zeal for the public good is tempered with that moderation and unanimity of opinion, so apparent in your conduct.

We, gentlemen, look with infinite satisfaction on this happy presage of the future felicity of our infant country, and hope to merit a continuation of that confid you are pleased to express in our veracity and good inten- tions.

While our transactions have credit for the integrity of our desires, we can not fail uniting with the delegates of the good people of this country, fully persuaded that the proprietors are zealously inclined to contribute every thing in their power which may tend to render it easy, prosperous, and flour- ishing.

May 25th, 1775.

RICHARD HENDERSON, For himself and the company.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. II, Part 81

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1654

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1654