USA > Kentucky > The history of Kentucky : including an account of the discovery, settlement, progressive improvement, political and military events, and present state of the country > Part 12
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For this singular instance of magnanimity, and essen- tial service, Patterson afterwards made Reynalds, a title In fee simple, to two hundred acres of land.
Never had Kentucky, experienced so fatal a blow as that at the Blue-Licks ; of the one hundred and sixty- six warriors, who flew to the assistance of Bryant's Sta- tion ; one half, or more were from the neighborhood of Harrodsburgh ; these, fired with the generous spirit of their officers, turned aut upon the first call, ready not only to risk, but to sacrifice their lives, in the defence of
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their fellow-citizens ; these were led directly into the front of the battle ; of these the greater number fell. "Those from other quarters of the country, equally brave, were little less unfortunate. The whole loss on the side of Kentucky, was sixty killed, and seven made prisoners. The Indians lost sixty-four killed, and had a number wounded. This was afterwards learned by reports from their towns ; and that, to make the loss even, they mas- sacréed four of their prisoners, in a most savage manner.
Greatly did the country feel, and deplore, the loss of Colonels, Todd, and Trigg, who although, they had not. acquired the reputation of great Indian warriors, were men of intelligence, of personal worth ; and public use- fulness. They were peculiarly qualified, to council, en- lighten, and guide, the people in their civil concerns ; while the suavity of their manners, and the urbanity of their minds, rendered them easy of access ; and always ready to assist those who stood in need of information, or advice.
In this action, the gallant Harland fell ; nor was there a braver soldier, or an officer more beloved, in the field.
Colonel Boone, here lost his second son, and very narrowly escaped himself. To him, the incidents of the day must have been extremely distressing, and more than commonly vexations. On the point, in the morn- ing, of persuading his officers, to a course of proceeding, which if it had been adopted, would in all human prob- ability, have averted the fate of the day ; or might have turned it on the enemy. In the evening, he is ex- hausted with fatigue and anxiety ; he has to lament the
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loss of a favorite son ; and he sees his country humbled by defeat, and trembling with apprehension of a victori- ous enemy, savage as they were brave, and numerous as they were/ savage.
In the midst of these disasters, and this gloom, there was yet one consolation, the party with Colo. Logan, was considerable, in full march, and unbroken, as un- dismayed. The van of Logan's command had passed Bryant's Station on its march to the Blue Licks, when it was met by the fugitives from that fatal field ; it then returned to Bryants-where Logan halted until the rear came up, which was one day, and then resumed his march to the Licks, to engage the Indians, if there ; if not, to bury the dead. On the second day, the BAT- TLE GROUND was approached, and the dead bodies seen strewed along the field. Some were mangled by savages, some by vultures, some by wild beasts ; they were swollen, and rendered quite yellow, by the scorch- ing rays of the sun. Each man who had lost a particu- lar friend, or relative, saught for him, that if found, he might with pious awe, and the tear of regret, perform to him the solemn rites of burial ; if not found, that the hope of his being a prisoner, and that he would yet re- turn at so.ne future day, might cheer the melancholy remembrance of past events. But even this imperfect consolation was denied ; for none knew the remains of his friend, when found.
Logan's party, having performed the last solemin du- jies of the field, and no fresh sign of the enemy being
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seen, they returned to Bryant's, and were dismissed, to the number of about four hundred and fifty men.
The whole country united with the widow, and the orphan, to deplore their loss, and to mourn over the public calamities of this year : the most fatal yet known in Kentucky.
General Clark, then resident at the Falls of Ohio, impressed with the liveliest feelings for the distresses of the sufferers -- and convinced of the necessity of rousing the country from its anguish, and despondence, proposed an expedition against the Indians ; and invited the su- perior officers, to meet him in council. This invitation was complied with, and the means of calling out the men, and of furnishing them, concerted. A draft was to take place, where there was a deficiency of volunteers. 1 And impressments of horses, and other supplies, might be resorted to, where contributions failed. These regu- lations were proclaimed, and soon was seen the utmost activity of preparation. Both officers, and men, volun- teered; and where property was offered, or taken, it was valued, and a certificate given the former owner, as evi- dence of his claim to future compensation, should the government make provision for payment. Bryant's Station, was the place of rendezvous for the upper part of the country ; the Falls of Ohio for the lower, and the mouth of Licking, the point of union. Col. Logan, had the second command. About the last of September, an army of about one thousand men, assembled on the bank of the Ohio ; and was put in motion, for the Indiana towns, on Miami and Sciota.
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This expedition was conducted by General Clark, with his usual dispatch ; and a party of the same Indi- ans who had recently been in Kentucky, encamped near one of their towns, was on the point of being surprised, when a straggler, within half a mile of the camp, disco- vered the approach of Clark, and gave the alarm, of a " mighty army 'on its march." The camp was imme- diately evacuated with the utmost precipitation ; and the frightful intelligence being spread through the neigh- boring villages, every where produced similar effects, dismay, and flight. Empty cabins, and deserted fields were only to be found ; or here, and there, a scouting party of savages, who sometimes fired, and immediately fled. This scene was repeated in the course of a march of several days through the different Chilicothe's, Peck- away, and Wills-Town. These were severally redu .. ced to ashes, and the fields of corn entirely cut up and destroyed; leaving only ruin and desolation in the country. A warrior of some distinction, surrendered himself a prisoner ; and was clandestinely shot, by some of Clark's men, contrary to his orders.
In this Campaign, Clark took seven prisoners, and five scalps, with the loss of two men by the Indians-and two others by accidents. And although this was poor compensation for the defeat at the Blue Licks ; it had however, the good effect of convincing both the Indians, and the people of Kentucky, that the latter were superi- or, and that there was no danger of the former, overrun- ning the country.
While the army under General Clark was spreading
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terror and desolution among the northern tribes, some of those from the south, made an incursion into the settle- ments of the Crab Orchard ; where a scene occurred, though trivial in its effect, yet so novel in its circumstan- ces, as to merit a particular detail. A party of these savages approaching a single house, halt, and send one of their warriors, in advance to reconnoitre ; he, finding the fa- mily, to consist of the mother, her children, and a negro man, determines to take them, and thereby secure the honor, and the plunder, to himself. With this in- tent, he enters the house, and seizes the negro ; they scuffle, and fall ; there is an axe lying in the floor, with this, the mother cuts of the Indian's head-the children shut the door. The out Indians, who were waiting intel - ligence, having heard the noise and bustle, are by this time in the yard ; they rush'to the door, and with their to- mahawks, attempt to break it down. The master of the house had, as was usual, gone out to make a short hunt, and taken the rifle with him. The house seems in a manner defenceless -- yet there is an axe, and the barrel of a gun without stock, or lock ; while the negro, and children defend the door, the mother seizes the gun-bar- rel, and runs it through an aperture, between the logs of the house-wall, as if intending to shoot ; the Indians see the muzzle, and fly. The report of " Indians," was soon spread through the neighborhood ; the min were collected, and falling upon their trail, chased them into the wilderness.
From this time, no formidable party of Indians ever invaded Kentucky ; nor was the country for the residue
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of the year, molested by their scouts, or maurauders. Ru nors of a general pacification were renewed, and 1 circulated with considerable confidence, as being cer- tainly on the tapis, and likely to take effect. This news was extremely grateful to the ears of the people, who in- dalged themselves with the agreeable anticipations of peace with England ; as ensuring peace, and safety, on the part of the Indians. Or should the Indians continue hostile, yet peace with Great-Britain, it was thought would withhold their supplies, and disarm them ot half their terror.
It had been publicly notified that both Col. Marshall, and George May, would open their offices, in the au- tumn of this year ; and besides great numbers who emi- grated, in families for settlement, there were many per- sons who came out to attend to land business. The ex- pedition of this year had suspended the opening of these offices until late in November. When one was opened in Lexington ; the other, at Cox's Station.
As in 1780, so now, the public attention was turned to the acquisition of land, by the location of treasury- warrants. And now, as then, the business was very much engrossed by the hunters-who were generally il- literate, and ignorant of what the law required to make a good entry. They nevertheless procceded in the busi- ness, urged by their employers, with all the avidity of men, fearful of loss, and intent upon gain. Hence, they strewed the locations over the face of the country, as au- tunn distributes its filling leaves, headless of those
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which had previously fallen ; and almost as destitute of design, as regardless of the consequences.
A few specimens of vague entries it is believed, will be the best means of illustrating the ignorance of loca- tors, and the cause of the unhappy disputes which have ensued about the titles to land ; and which now lacerate the feelings of the people ; engross the attention of courts ; disorder legislation ; and set neighbors at vari- ance.
On the twenty-eighth of November 1782, " Lewis Craig enters 500 acres of land upon a treasury warrant, adjoining his former entry on the north side, and run- ning along northwestwardly, with Christian and Todd's line for quantity."
Here it is to be remarked, that of all the country north of the Kentucky River, no particular, water course is called for, or other object of general description named, so as to lead the attention of a subsequent locator, to any · particular circuit within, or about which, to search for locative objects. Again-it does not appear what for- mer entry of Craig's, is meant-neither is it certain what line of Christian and Todd, is intended, nor who they - are, or where their claim is to be found ; or if one be ound, whether it was the one alluded to by Craig. f
On the same day-
" George Smith enters 500 acres of land on a treasury warrant, lying on the north side of Kentucky, a mile below a creek, beginning about twenty poles below a lick, running down the river, westerly, and northwes- terly, for quantity."
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It is obvious that the calls in this entry, are all vague, and uncertain, to a subsequent locator ..
The north side of Kentucky, comprehended the whole of the county of Fayette ; and more than one-third of the whole country.
The next call is, a mile below a creek ; but which, of the five hundred creeks on the north-side of Kentucky, does not appear. And finally, it is to begin about twenty poles below a lick ; but what lick ? or where ? Are ques- tions all-important to the next locator ; but which are left altogether unanswered, and unanswerable, by any thing in Mr. Smith's entry. It is presumed that the person who made Smith's entry, knew the place he in- tended to include ; but those holding unlocated warrants, were not bound to find him; nor could his verbal expla- nation aid an entry, which the law required should be in writing .. The holder of the warrant then proceeded to make his entry-and which in all probability was as vague as that of Smith's ; and when surveyed, to the very great surprise of both, might interfere.
Another instance-
" Edward Hall, enters 622 acres of land, upon a trea- sury warrant on Eagle Creek, a branch of Kentucky. Beginning at a small beech, marked thus, I N on the north side of a small drain, then East 320 poles , then north at right angles for quantity."
To see that this entry is wholly vague, and uncertain; to a subsequent locator, it is only necessary to observe;' that Eagle Creek is fifty miles in length-has a thousand
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drains-and a million of beech trees. And that I N be- ing cut on one, still left it destitute of notoriety.
Hence it was totally unreasonable to require that ano- ther person holding other warrants, should find it, in order to avoid an interference.
There were other circumstances, which contributed to produce interferences between the claims to land, and which the importance of the subject requires, should be mentioned. The country, being unknown, and unset- tled, in its greatest extent, was explored by individuals, or small parties, who often gave different names to the same objects ; such as water courses, traces, licks, &c. and often mistook, or confounded, distances ; from the one, to the other. Whence sprung an infinity of con- flicting claims. Others made obscure marks, the foun- dations of their entries. Again -- two sets of locators, would commence their entries, on parallel creeks, and run out each way until they interlocked. Such were the consequences of putting warrants into the hands of per- sons with which to appropriate land, without previous survey. The danger of Indians, and the multiplicity of entries, not to mention the negligence of the parties concerned, in many instances put off the surveying : and in the mean time the commonwealth continued to sell her warrants, which had depreciated to a guinea, or less, per thousand acres, until, at least four times the quanti- 1 ty of land, subject to be located, had been sold.
The country now became better known ; men had learhed the difference between a vague, and a special entry ; and the face of the earth, was covered again, and
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again, and again, with locations of the one, or the other description, containing quantities from one hundred, to one hundred thousand, acres-and more.
The incompetency, and tardiness of the courts, and parties, permitted that part of the land law which provid- ed the caveat as a mode of bringing conflicting claims to a trial, and decision ; and which awarded a renewal of the warrant, to the loosing party, with a right of future appropriation, to become a dead letter, às to such appro- priation. Inasmuch as the whole of the land was more than appropriated, before any decision took place. And the loosing party, although a purchaser from the com- monwealth, sustained a complete loss, of both land, and money. Nor was a remedy for these evils provided, by the state of Virginia, when she ceded to the U. States, her immense territory, north-west of the Ohio.
Difficult as it may be, to attach censureto a legislative body, forever fluctuating ; yet it is impossible to find an apology consistent with the principles of a sound moral- ity, for the whole conduct of the legislature, on this sub- ject. They should have limitted the sales to the quanti- ty of land subject to location ; or they should have en- larged that quantity, before they made the cession to the United States. Forasmuch as it belongs to states, equal- ly, as to individuals, to be just; before they are generous.
When men holding treasury warrants saw that Ken- tucky land, or nothing, was their only alternative; they were reduced to the desperate necessity of loosing their purchase altogether, or of making special entries, to cover
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those more vague; and afterwards of disputing the matfer of right, with their owners. Thus do we owe to a combi- nation of circumstances, both public, and private, a state of land titles, which more than Indian wars, or any thing else, has retarded the population ; obstructed the im- provement ; distracted the people ; and depreciated the value of the soil, in the country.
These are considerations, rather of experience, than anticipation ; nor had they any influence on the busy crowd of locators, and land- jobbers, in the hurry and ardor of business.
The winter 1782-3, passed away with but little in- terruption from the Indians, whom, it had been before remarked, " were always shy of white men, after being drubbed." Possibly the rumor of peace, between Great Britain, and the United States, might have had some ef- fect. Preliminary articles, had been signed on the thir- tieth of November 1782 ; and early in 1783, were an- nounced in Kentucky.
Nothing could have come more opportunely, for the views and occupations, of the people. For never were men more tired of war ; never more desirous of peace ; ne- ver more intent upon realising property. While the means employed to attain this last and grand object, call- cd them into the woods, and exposed them to the Indi- ans, should any be in the country, in a manner peculi- arly defenceless and insecure ; but whom it was expected would disappear, or be friendly, in consequence of peace with Great-Britain.
Next, to the acknowledgement of the independence of
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the United States, was the ascertaining, and fixing their boundaries. This was a subject of much interest to Ken- tucky : and on which there had been much intrigue in the courts, of France, and Spain.
These powers connected by nature, and by compact ; the one holding an almost incalculable extent of colonial territory on the Mississippi ; and both possessed of islands in the seas connected with the mouth of that river, had seen with considerable uneasiness, and solicitude, the claim of the United States extended, as well by conquest , as under charter, to its eastern bank.
And while both aided the United States, in the war against Britain, upon the professed motives of friendship, and generosity ; they were really actuated from consi- derations of resentment, against England ; and of policy, and self-love, as to theinselves. One certain consequence, was to result from the establishment of American Inde- pendence-the loss to Great-Britain, of so many colo- nles, rapidly increasing in population, strength, and riches. This was clearly foreseen by both those rivals of England; and that in proportion to the loss sustained by their adversary, would be their relative gain. France, took the lead in the contest, being more immediately in- terested in the result ; and possessing the most active disposition for enterprise, both in the cabinet, and in the field. Much ingenuity, and influence were employed by the ministers of his most Christian Majesty, to sub- ject, even the tenure of American Independence to his guarantee. The next object of French, and Spanish, policy, was to limit the western boundaries of the United
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States, by the Allegany mountains, and at most to the Ohio. The residue of the country to the west, was to have compensated, Erance, and Spain, for their disin- terested friendship, to the United States ; and enabled them forever to controul that independence, which they had kindly proposed to take under their PROTECTION.
Already had the flattery of the minister, and the thou- sand seductive blandishments of Paris, gained over to his purpose, that singular composition of formal gaiety, of sprightly gravity, of grave wit ; of borrowed learning ; of vicious morality ; of patriotic treachery ; of political folly ; of casuistical sagacity, and Republican voluptu- ousness-DOCTOR FRANKLIN : already was the French party, in the congress of the United States, so powerful, and so under the management of the Count De Verge- nes, that a vote of instruction to the American Minis- tors in France, to conform themselves to the advice of the COUNT, was obtained in that body : already were the instruments prepared, and the machine put in moti- on, which were to stifle the new-born American Inde- pendence in the cradle of French intrigue ; and to limit the boundary of the United States, at the will of France ; when the sagacity, the patriotism, and the firmness, of Jay, and Adams, discovered, and frustrated the diaboli- cal project. But for this, Kentucky might have been a French, or Spanish province.
It was not difficult to make the ministers of Great- Britain comprehend, the objects and motives of certain prepositions, on these subjects-nor to convince them that a liberal policy on their part, towards the U. States ,
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afforded the surest means of counteracting their enemy ; while it would secure to their country, the good disposi- tion of the reflecting part of the American people ; the best possible substitute for the loss of territory, and gov- ernment. The result was an unconditional acknowl- edgement of the independence, of the thirteen United States ; and a boundary ample, as their safety, or union, required. The necessary provisions for the attainment and security of these objects, compose the first, and se - cond, articles of the treaty of peace, between the UNIT- ED STATES, and his BRITANNIC MAJESTY.
Kentucky, held her place in the territory of Virginia, whose Legislature, actuated from motives of a liberal po- licy, towards the United States, as conciliating, as mag- nanimous ; had on the second of January 1781, offered to the acceptance ofthose states in congress, all the coun- try comprehended within her charter, on the north-west side of the Ohio. And which now stood for the accep- tance of congress, on terms suggested by justice and piu- dence, for the security of certain individual rights, the payment of the incidental expences of conquest, and the erection of new republican states. These terms being af- terwards substantially acceded to by congress, in the year 1783, a formal deed was made and executed by the Vir- ginia representation on behalf of that state, and accept- ed by the United States, in seventeen hundred and eigh- ty-four.
Thus, while emperors, kings, and states ; thrones2 . principalities, and powers, fight ; devastate, and conquer, for territory, and dominion; the great and populous
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state of Virginia, peacibly and unconstrained, made a gratuitous donation to the common stock, of a country , over which she proposed to erect at least ten new states, as future members of the confederation.
The contemplation of these things could but fill the mind of the intelligent western settler with the most pleasing anticipations of future peace, and prosperity.
The British forts on the lakes, within the bounds of the United States, were by the Treaty of Peace to be forthwith evacuated, and delivered into the possession of the American government. By means of these Forts, dispersed among, and contiguous to the different Indian Tribes, they had been easily influenced, and seconded. in their hostile disposition towards Kentucky. And from them they had derived their principal supplies, for carry- ing on the war. The prospect of replacing the British garrisons, with American Troops, seemed to promise and ensure a safe and permanent peace, with the savages of those regions. In addition to all these agrecable ob- jects of hope and expectation, the month of March real_ ised an improvement in the judiciary system, of the very first importance to the good people of the country.
The three counties of Kentucky had been crected into a separate district, and a new court, of common law, and chancery jurisdiction, co-extensive with its limits, esta- blished therein. This court, besides the facilities which it offered of hearing and deciding land causes, originat- ing in any part of the district ; was also vested with powers ofloyer and terminer, in criminal cases. Which had become necessary in consequence of some recent in-
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stances, of violence, and other irregularities, and the increased probability of others in future.
This court was opened at Harrodsburgh, on the 3d of March 1783, by virtue of a commission from Benjamin Harrison, Governor of Virginia, to John Floyd and Sa- muel M'Dowell ; who chose John May for their clerk ; and qualified Walker Daniel, who held a commission . from the Governor, as Attorney General, for the District of Kentucky.
A Grand Jury, was empannelled and sworn for the body of the District; and who in the course of their sitting, presented nine persons for selling spirituous li- quors without license ; eight for adultery, and fornicati- on ; and the Clerk of Lincoln county, for not keeping up a table of his fees.
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