USA > Kentucky > The history of Kentucky, from its earliest discovery and settlement, to the present date, V. 1 > Part 9
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Before the period of Boone's first long visit to Kentucky, the efterves- cence of discontent and irritant protest against the tyrannical exactions of the British crown, and the insulting intrusions and petty extortions of the foreign
[ Wheeler's " Historical Sketches of North Carolina."
41
TYRANNIES OF THE ARISTOCRACY OPPOSED.
parasites of royalty who were placed in official authority over the colonists, were rife from New England to Georgia. The initial elements needed but time and extended power to formulate an exclusive aristocracy of an associa- tion of moneyed fortune, of official power, and of titled lineage, to live in luxury and usurpation by oppression and robbery of the people.
They were already introducing the ostentatious style of living, in contrast to the simplicity of the citizenship. To support their extravagance of style, and their offensive and vulgar aping of the airs of aristocracy, these minions of power-magistrates, lawyers. clerks of courts, and tax-gatherers-imposed enormous fees for their services.1 The Episcopal clergy. supported by a legalized tax on the people, as in England, not content with their salaries, charged extraordinary fees for special services. For a simple marriage ser- vice, the poor farmer was required to pay fifteen dollars, equal to fifty dollars now. Tax collections were enforced with extortionate expenses of litigation ; while executions, levies, and distresses were of daily occurrence. Sheriffs
demanded often more than double and treble the original debt. under threats of sheriffs' sales, and pocketed the gains. Scarcity of money is always inci- dent to a new country, and the cruel extortions became intolerable.
Petitions to the governing powers for relief were treated with contempt, and in desperation, the people banded together for self-protection. The organizations were known as " Regulators, " and they resolved ". to pay only such taxes as were agreeable to law and applied to the purposes therein named, and to pay no officer more than his legal dues." Out of this came strife and resistance to official proceedings, and finally, actual collision be- tween the Regulators and an armed force led by Governor Tryon, on the 16th of May, 1771, at Alamance, in which the former were worsted. Thus, four years before the battles of Lexington and Bunker Hill. the war for inde- pendence may be said to have practically begun in North Carolina. 2 There was no abatement to the outbreak of 1775.
To the restless, daring, and independent spirit of Boone, these petty tyran- nies and outrages were intolerable, and doubtless had much to do in leading him and many comrades to seek liberty and immunity in the far-off refuge of the inviting wilderness. Through all the words that he has spoken or dic- tated to writers. there is an expression of trust in an over-ruling God, that leaves no doubt that the famous pioneer believed himself an agent in the hands of Providence for His work. Toward the close of his narrative, as dictated to and written by John Filson, in 1784, he says: " I can now say that I have verified the saying of an old Indian. who signed Colonel Hender- son's deed at the Wataga treaty. Taking me by the hand. at the delivery thereof, he said, . Brother, we have given you a fine land, but I believe you will have much trouble in settling it.' My footsteps have often been marked with blood: and therefore. I can fully subscribe to its original name. Two
I Wheeler's Historical Sketches ; Hartley's Boone, pp. 27-23.
2 Hartley's Boone, pp. 43-46; Wheeler's sketches of North Carolina.
42
HISTORY OF KENTUCKY.
darling sons and a brother have I lost by savage hands, which have also taken from me forty horses and an abundance of cattle. Many dark and sleepless nights have I been a companion for owls, and often scorched by the summer's sun and pinched by the winter's cold-an instrument ordained to settle the wilderness."
We would deem it incomplete to close this brief biographic sketch with- out introducing the fine passages of Marshall in eulogy of Boone and the noble comrades, who together passed through the crucial trials and perils of that pioneer experience which won from savage resistance an empire of crude territory, and wrought out from its exuberant chaos the six illustrious Commonwealths that lie upon either side of the Ohio river, and within the valley of the Mississippi. These were the toilers who established the founda- tions for the peaceful homes of millions of posterity, and the State-builders who erected empire and authority for the guardianship of society's most sacred trusts.
Says the historian: 1 .. To appreciate the merit of an enterprise, we should have in view the difficulties which opposed its execution. Thus, we judge of Cecrops, the founder of Athens: of Cadmus, the founder of Botia: of Danaus, the founder of Argolis. Thus, also, eulogiums have been mul- tiplied and enhanced on Romulus and his hardy followers. In a similar manner, we speak of the first settlers in America. No less than these, have Boone, and others hereafter to be named, merited the appellation of found- ers; and no less do they deserve the notice of posterity.
"Among the first of these was Daniel Boone, who did not, like Moses of Egyptian memory, find himself the leader of a host of armed followers, impelled by fear or love of the Lord to obey His commands in a journey through the wilderness, though he traversed one equally as extensive and as- savage as that of Zin. His attendants were his voluntary comrades, who, without a miracle, reposed their confidence in his sagacity and fortitude. Besides, the names of those heroes and legislators of antiquity have been transmitted to us by the pens of profane historians and poets who, availing themselves of the fictions of past times. have amplified and embellished their subjects with all the inventions of genius, the graces of oratory, and imagery of poetry; or else, under the influence of divine inspiration, the Prophet of Israel has astonished us with the narrative of the wonders he wrought. and which have come down to. posterity as miracles. But Daniel Boone, yet living (1812), is unknown to his full fame. From the country of his choice. and of his fondest predilection, he has been banished by difficulties he knew not how to surmount, and is now a resident of Missouri, a Spanish territory. Nor will the lapse of brief time. in which fancy often finds her storehouse of materials for biography, permit the aid of imagination to illustrate his name with brilliant epithets, or otherwise adorn a narrative of simple facts. Yet history shall do him justice, and those who come after him may balance
1 Marshall, Vol. L. pp. 16-18.
-
Mr .
2
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43
BIOGRAPHICAL SKETCH OF BOONE.
his relative claims to the regards of posterity. Without the incumbrance of worldly goods to give him local attachments, and without the illumination of science to enable him to shine in society, at the age of eighteen he found himself possessed of high health and a vigorous constitution, supported by great muscular strength and nervous activity. His sole reliance was on his own arm, and that had been taught to poise the rifle, rather than to use the plow. He delighted to chase on foot the wild deer, and this propensity often led him to places remote from the habitations of men. Accustomed to be much alone, he acquired the habit of contemplation and of self-posses- sion. His mind was not of the most ardent nature, nor does he ever seem to have sought knowledge through the medium of books. Naturally, his sagacity was considerable, and as a woodsman he was soon expert, and ulti- mately pre-eminent. Far from ferocity, his temper was mild, humane, and charitable ; his manners gentle. his address conciliating, and his heart open to friendship and hospitality. Yet his most remarkable quality was an enduring and imperturbable fortitude." The writer was familiar with Boone.
Such is a portraiture of the modern Nimrod and dauntless warrior who for over fifty years led the vanguard of the pioneers of civilization from the slopes of the Alleghanies westward across the waters of the majestic Missis- sippi, and on to the plains beyond that stretch away to the base of the Rocky mountains. Of the toilers who have builded empires and borne forward the advancing wave of civilization, history records no greater man or truer hero, within his sphere, than simple, unostentatious Daniel Boone.
41
HISTORY OF KENTUCKY.
CHAPTER VIII.
Judge Richard Henderson.
Life and character.
Opens a land office at Boonesborough.
He issues patents in the name of the Transylvania Company.
A great land monopoly designed.
Henderson's diary.
Plan of government by delegates ar- ranged.
The grand old elm.
Delegates assemble under its shade.
First legislation in Kentucky.
Code of laws passed.
First divine service under the elm.
Reduced to a diet of wild game.
Journal of the proceedings of the dele- gates.
Compact between the proprietors and the people.
Lordly and crafty usurpations.
Protest by the people.
Defense of the company.
The veto power.
Disputed jurisdiction of Virginia after the Declaration of Independence.
Delegate assembly never meets again.
The Transylvania Company usurpation disintegrates under the growth of opposing sentiment and interest.
They fail of recognition by the Conti- nental Congress.
Remarkable scene at Wataga.
Origin of the title, "Dark and Bloody Ground."
Governors of Virginia and North Caro- lina issue proclamations against the coin- pany.
Each of these States grants the company a bonus of two hundred thousand acres.
Alienation of Kentucky from Virginia and the Confederation of States, thus de- feated.
Our narrative introduces to us here a character very different from that of Boone, but an associate of the latter who made himself a most prominent and important factor in the settlement of Kentucky. Richard Henderson was born in 1735, in Hanover county, Virginia, and emigrated with his parents to Granville county, North Carolina He was reared in poverty, and his education was neglected almost wholly. Possessed of natural bright- ness and vigor of mind, and ambitious for preferment, he improved every opportunity with remarkable energy. From the position of constable, he suc- ceeded to that of deputy sheriff under his father, and in the faithful and diligent discharge of the duties of these offices, he acquired that experience that made him distinguished in after life. He prepared himself for the pro- fession of law, and was admitted by Chief-Justice Berry to practice at the bar. Of his career, Collins says: 1 ". His energy and spirit knew no rest. He soon rose to the highest ranks of his profession, and honors and wealth followed. Under the law of 1767, providing for a chief-justice and two associates for the province, Governor Tryon the next year appointed Henderson one of the associate justices. While holding the Superior court at Hillsboro, in September, 1770, the . Regulators' assembled in the court-yard, insulted some
1 Collins, Vol 11, p. 337.
1
45
HENDERSON ESTABLISHES A LAND OFFICE.
of the gentlemen of the bar, and in a riotous manner went into the court- house and forcibly carried out and cruelly beat some of the attorneys. Judge Henderson, finding it impossible to hold court, left Hillsboro in the night. The troubled times shut up the courts."
Such are the antecedents of the bold and adventurous spirit who con- ceived and planned the gigantic enterprise of purchasing, through an only remaining and shadowy Indian title, over two-thirds of the territory of Kentucky, of colonizing it with emigrant settlers, and of founding on its jurisdiction a sovereignty of government midway between the claims of Great Britain on the north, of colonial Virginia on the east, and of the Spanish Government on the south and west. The impending declaration of inde- pendence by the thirteen colonies, and the issues of the inevitable war of the Revolution, made a golden opportunity of the hour and the occasion, and Henderson and his associates hazarded fifty thousand dollars on the purchase of the seventeen millions of acres.
Colonel Henderson, soon after his arrival in the spring of 1775, opened a land office at Boonesborough, and began the issuance of warrants, or orders of survey. under the purchased title and in the name of the " Proprie- tors of the Colony of Transylvania." The price of lands, until June 1, 1776, was fixed at thirteen and one-third cents per acre. Besides this there was an annual quit-rent of half a cent per acre reserved, but not to begin until 1780. At these rates, any settler before June, 1776, was privileged to take up not over six hundred and forty acres for himself, and for each taxa- ble person he might take with him and settle there, three hundred and twenty acres more. Any person who should not immediately settle might buy not over five thousand acres at seventeen cents per acre. 1
The effect of these provisional measures was to encourage and largely increase the little stream of immigration that had set in during this spring to Kentucky. It is estimated that there were about three hundred men at and in the vicinity of Boonesborough, St. Asaphs, Harrodsburg, and other points convenient, by June. The title of Henderson & Company seems to have been at first very generally recognized, though there was manifested some jealousy and dissatisfaction at what was deemed usurpation. By December following no less than five hundred and sixty thousand acres of land were entered in the company's office at Boonesborough. All mineral lands were reserved by the company, and in every deed the grantee bound himself to pay "one moiety or half part of all gold, silver, copper, lead, or sulphur mines, etc."
Butler says: 2 " Had this company retained its title, Kentucky would, within their jurisdiction or purchase, have been under a quit-rent forever. The penalty for default of paying the annual rent was a forfeiture of the land, and the right reserved by the company to re-enter said land and regrant the same to any other person. It is much to be doubted whether the high
: Collins, Vol. II .. p 512.
2 Butler, p. 31.
46
HISTORY OF KENTUCKY.
temper of the Western people would have submitted to a state of things which had been a constant source of heart-burnings in the elder colonies. At the same time, in justice to this great company. it must be observed that it furnished, although for sale, all the supplies of gunpowder and lead with which the inhabitants defended themselves and their families. Indeed, the books of Henderson & Company exhibit accounts for these articles with all the inhabitants of the country, in the years 1775-6, while they are credited with various items, as cutting the road to Cantuckey, hunting and ranging, etc. The prices of articles in these accounts afford some curious comparisons with those of the present times. Powder was charged at two dollars and sixty-six cents per pound, and lead at a shilling, while labor was credited at thirty-three or fifty cents per day for ranging, hunting, or working on roads. These accounts remain unclosed upon the books in every instance, showing a condition of no little indebtedness for the colonists of Transylvania to the great proprietors."
We can not make this episode of our history, which records the first attempt at an independent government westward of the Alleghanies, more interesting than to quote from Henderson's journal, embracing the brief incidents of its formation, and which introduces us very naturally to the living details of incidents which characterized the men and events of the day :
"Wednesday, May 3, 1775 .- Captain John Floyd arrived here, conducted by one Joe Drake, from a camp on Dick's river, where he had left thirty of his company from Virginia, and said that he was sent by the company to know on what terms they might settle our lands. Was much at a loss on account of this gentleman's arrival and message, as he was surveyor of Fin- castle county under Colonel Preston (a rival jurisdiction).
"Sunday, May 7th. - Went into the woods after a stray horse; staid all night, and on our return found Captain Harrod and Colonel Slaughter, from Harrodstown, on Dick's river. It is, in fact, on Salt river, and not on Dick's river. Slaughter and 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 forty men, settled on Salt river last year (1774), was driven off by Indians, joined the army under Colonel Lewis that fought the battle of Point Pleasant, October roth, with thirty of his men, and being determined to live in this country, had come down this spring from the Monongahela, accompanied by about fifty men. most of them young men without families. They had come on Harrod's invitation, and had possession some time before we got here.
"After much dispute about the respective claims of Slaughter and Har- rod 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 representation was proposed.
5
1
4
---
47
COLONEL HENDERSON'S JOURNAL.
"The reception this plan met with from these gentlemen. as well as Cap- tain John Floyd, a leading man on Dick's river, gave us great pleasure, and therefore we immediately set about the business.
"Appointed Tuesday, May 23d, at Boonesborough, for the meeting of delegates, and accordingly made out writings for the different towns or settle- ments to sign. For the 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 fifteen or twenty miles: nay. sometimes they were obliged to go thirty miles, though by chance, once or twice a week. buffalo was killed within five 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 fifty 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, sur- rounded by a turf of fine white clover, forming a green to the very stock. The trunk is about four feet through to the first branches, which are about nine fect 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 ends is one hundred feet, and every fair day it describes a semi- circle on the heavenly green around it of upwards of four hundred feet in circuit. At any time between the hours of ten and two, one hundred per- sons 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 and council chamber. Having many things on hands, we have not had time to erect a pulpit and seats, 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. - Delegates met from every town ( Harrodsburg, Boiling Spring, St. Asaphs, and Boonesborough). pleased with their stations, and in great good humor.
"Wednesday, 24th .- Convention met (under the divine elm) for the col- ony of Transylvania; sent a message acquainting me that they had chosen Colonel Slaughter chairman, and Matthew Jewett clerk, of which I approved, and went and opened business by a short speech.
"Saturday. 27th .- Finished the convention in good order. Everybody pleased.
"Sunday, 28th .- Divine service, for the first time in Kentucky, was per- formed by the Rev. John Lythe, of the Church of England. Most of the delegates returned home.
48
HISTORY OF KENTUCKY.
"Monday, June 5th .- Made out commissions for Harrodsburg, Boiling Spring settlement, and St. Asaphs, both military and civil.
"Friday, 16th .- Continue eating meat, without bread.
"Saturday, 17th .- Michael Stoner, our hunter, not returned; was ex- pected yesterday. No meat."
There is preserved to us a copy of the original 1 " Journal of the Proceed- ings 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, 1775, and in the fifteenth year of the reign of his Majesty, King of Great Britain."
From this journal, we quote: "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-Squire Boone, Daniel Boone, William Cocke, Samuel Henderson, William Moore, and Richard Callaway: For Harrodsburg-Thomas Slaughter, John Lythe, Valentine Harman, and James Douglas; For Boiling Spring-James Harrod, Nathan Hammond, Isaac Hite, and Azariah Davis; For St. Asaphs-John Todd, Alexander Spottswood Dandridge. John Floyd, and Samuel Wood. All answering on roll-call at the assembling of the delegates, with the excep- tion of William Cocke, the House unanimously chose Thomas Slaughter chairman and Matthew Jewett clerk. After divine service was performed by Rev. John Lythe, the Assembly formally proceeded to business."
On the 25th to the 27th, the following bills were passed and signed by the proprietors of Transylvania on behalf of the company, and by the chairman, Colonel Thomas Slaughter, on behalf of himself and the other delegates :
First-An act for establishing courts of judicature, and regulating the practice therein.
Second-For regulating the militia.
Third-The punishment of criminals.
Fourth-To prevent profane swearing and Sabbath-breaking.
Fifth-For writs of attachment.
Sixth-Ascertaining clerks' and sheriffs' fees.
Seventh-To preserve the range.
Eighth -- Improving the breed of horses.
Ninth-For preserving game.
Then it was "Ordered: That the convention be adjourned until the first Thursday in September next, to meet at Boonesborough."
By far the most ominous proceeding of the convention was the action of a committee appointed to determine the compact between the proprietors of Transylvania and the people, which was drawn and signed as follows:
" 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
I Henderson's Journal.
49
TRANSYLVANIA COMPACT WITH THE PEOPLE.
Hart, and John Luttrell, on behalf of ourselves and 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 and agreement, to-wit:
"First-That the election of delegates in this colony be annual.
" Second-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 be not in attendance, they may dissolve them and call a new one.
"Third-That to prevent delay of business and dissension, one proprietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony.
"Fourth-That there be perfect religious freedom and toleration, pro- vided, that the propagation of any doctrine or tenets, evidently tending to the subversion of our laws, shall for such conduct be amenable to and pun- ished by the civil courts.
"Fifth-That the judges of the superior or supreme courts be appointed by the proprietors, but be supported by the people, and to them be answera- ble for their malconduct.
" Sixth-That the quit-rents never exceed two shillings per hundred acres.
"Seventh-That the proprietors appoint a sheriff, who shall be one of three persons recommended by the court.
"Eighth-That the judges of the superior court have, without fee or reward, the appointment of the clerks of this colony.
"Ninth-That the judges of the inferior courts be recommended by the people and approved of by the proprietors, and by them commissioned.
"Tenth-That all other civil and military officers be within the appoint- ment of the proprietors.
" Eleventh-That the office of surveyor-general belong to no person inter- ested or a partner in this purchase.
"Twelfth-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 proprie- tors.
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