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 13
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At this time there was no convenient house in Har- 1 rodsburgh, within which the court could hold its sessions, and it adjourned to the meeting-house, near the Dutch Station, six miles from Harrodsburgh.
Walker Daniel, and John May, were appointed by the Court, to fix upon some safe place, for holding the court in future, near Crow's Station ; and authorised to employ persons to build a log court-house, large enough for a court-room, in one end, and two jury-rooms in the' other, on the same floor. They were also authorised to contract for the building of a prison, of hewed, or sawed logs, at least nine inches thick. And in case the said Daniel, and May, at their own expense, caused such buildings to be erected, the court engaged that they would adjourn to the place so to be fixed on ; and pro-
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mised a conditional reimbursement in case they removed to any other place; either out of the funds allowed for the support of the court, if sufficient ; if not, by using their endeavors with the Legislature, to have them paid. 1 This had the desired effect ; and Danville arose out of this speculation. At which place the District Court con- tinued to hold its sessions; until the separation from Virginia ; when it was abolished.
The people were now so busied about their land affairs, that they might, and probably would, have forgotten that there was an Indian in the world, had they not been sometimes routed by the maurauding parties that occasi- onally visited the frontiers.
There was not however any serious invasion this year ; and as a consequence of the apparent safety, ma- ny, new settlements were made in different parts of the country. So that it was no longer a matter of mi- litary enterprise to establish a new station ; but a mere act of civil employment.
The people found themselves greatly improved in their circumstances ; and much more at their case than formerly. Plenty abounded in the country ; cattle, and hogs, were found to increase and thrive to an aston- ishing degree ; and the fields were burthened with Indian 'corn. 'Some trade, and traffic sprung up among the ci- tizens, and horse-races were run for settlements, and pre-emptions.
Schools were opened, for teaching reading and writ- ting, in the vernacular tongue ; and preachers of the
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gospel were heard publicly proclaiming the terms of sal- vation.
The arts connected with agriculture, took their resi- dence in the country ; and those which furnish the house-hold, and kitchen, with vessels, and cabinet-work, for ordinary use, had already emigrated. Money was tolerably plenty, and labor of every kind, well rewarded.
Thomas Paine, had written a book to ridicule, and ex- pose to contempt, the chartered claim of Virginia, to the western country, by twisting it, like a cork screw round the north pole ; and to persuade congress to assume the possession and sovereignty of the country-a species of writing in which he excelled. This book had fallen into the hands of Pomeroy, and Galloway, of Pennsylva- nia,-who could twist, "" west," and " north-west," as well as Tom Paine ; they had read the book ; and they felt the utmost hostility against the claim of Virginia, to the district of Kentucky. One went to the Falls of Ohio, the other came to Lexington, to propagate their seditious doctrines, and to overturn the Virginia titles to the land. At the Falls, it is believed no body mind- ed this disciple of Paine. But at Lexington, his brother apostle, obtained considerable audience. Several of the good people yielded so far to his persuasions, as to com- mence chopping, and improving, upon their neighbors lands, with the pious intent of appropriating them under an act of congress, which, as they were assured, was soon to be promulgated.
This gave to the subject an aspect rather serious ; and it became necessary to " correct the procedure." W
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A Justice of the Peace was applied to for a warrant to arrest, this zealous propagatør of civil, and political heresy-Some law was wanted to justify the proposed measure-Fortunately, there was an old Virginia law which imposed a fine; in tobacco, at the discretion of the court, upon the " propagators of false news, to the dis- turbance of the good people of the colony." This was believed to be sufficient ; the Justice issued his warrant against Mr. Galloway, and the Sheriff brought him up for examination ; the facts were proved upon him, both as to his assertions, in relation to the Virginia title, which he said " was no better than an oak leaf," and as to the effect they had produced on the minds of sundry persons. He was ordered to give bail, for his appearance at the next court ; which happened not to be distant, and at which he appeared. The subject had by this time be- come a matter of much interest ; and a great concourse of the people, attended. The culprit was arraigned, the witnesses examined, and the law produced. The fellow could make but little defence ; for he had not even brought with him the book of his master, which contain- ed the doctrine he had been preaching. The court fined him, one thousand weight of tobacco-which at that time it was utterly impossible for him to pay in Kentucky, as it would have been to pay one thousand pounds in gold.
But he was to pay it, or go to jail. He was panic struck-detected in propagating false news-he stood as a culprit-sentenced, not indeed to be hanged-but in effect to go to prison ; and there to remain until the to- bacco could be planted, and raised ; or brought from an-
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other country. But he had never raised a plant of to- bacco in his life ; he knew not what to do-his adherents left him ; his distress was agonising. At length it was signified to him, ifhe would leave the country, it would do as well, as to go to jail; and the payment of the fine would not be exacted from him. He caught at the offer, and was permitted to depart. He left the court, mentally ejaculating without doubt, curses against TOM PAINE, and TOBACCO, even more bitter, than that deleterious weed, itself.
From this time the rights to land, derived from Virginia, were no more questioned on the score of her authority ; and Tom Paine lost his reputation as a land-lawyer.
On a former occasion, some inconsiderate persons had offered to obstruct the business of surveying, which had occasioned a legislative act to punish the like offences in future.
On the third of September in this year, the prelimina- ry articles of pacification between the United States and Great-Britain, were confirmed by a definitive treaty, and an end put to the revolutionary war, as had been ex- pected.
No part of the U. States, was more immediately inter- ested in the faithful execution of this treaty, than Ken- tucky. None suffered more than she did, in conse- quence of its inexecution ; as will be shewn in its proper place.
The Monongahela country, had hitherto furnished Kentucky with whiskey, and flour ; but in this year sundry crops of wheat had been raised, on the south side
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of the river; and some distilliries erected on a small scale, in which spirit was produced, from Indian corn.
Some merchandise transported from Philadelphia, to Fort-Pitt, in waggons, and thence to the Falls of Ohio, in flat-bottomed boats, was landed ; and a retail store opened, by Daniel Broadhead. 1
For the convenience of those taking up Kentucky lands, the office of deputy Register, which had been esta- blished in the country, was now filled, for the reception of plats and certificates, instead of depositing them in Richmond.
Very considerable emigrations took place to the country-and Kentucky, conscious of her increasing strength, lost her fear of surrounding danger.
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CHAPTER V.
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CONTENTS OF CHAPTER V.
Progressive settlements-lands located by the Philadel- phia company -- merchants from same place, send goods to Kentucky-arrival of General James Wilkinson-sur- veying commenced on the north side of Licking-indica- tions of Indian hostility-the posts on the Lakes with- held by Great-Britain-new disputes between her and the United States-mutual inexecution of the treaty of peace-review of the case-biographical sketches of Si- mon Kenton-Colonel Benjamin Logan, receives infor- mation of an intended invasion, by the southern Indians -be invites an assemblage at Danville-deliberations, and result of the meeting-the first convention assem- bled, and organised-a sketch of their deliberations- idea of a separation from Virginia suggested-and the formation of an independent member of the confederacy, inculcated-another convention recommended-incidents of Indian hostility-Nelson county formed, and estab- lished-the members elected in April, met in convention, May, 1785-their proceedings.
THE winter 1783-4, proved to be a very severe gne. The frequent falls of snow, and the accumulation
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of ice, were greater than they had been since the HARD WINTER.
Nothing of the kind could however restrain the sur- veyors, or hunters ; they were out in all directions in pursuit of their different objects ; nor were the frontiers annoyed by Indians : To them, a novelty, of the most agreeable nature.
Colonel Robert Johnson, removed from Bryant's and settled a new Station, at the Great Buffaloe Cres- sings, on North Elkhorn, his present residence. This was an exposed frontier, and afterward's became an ob- ject with the Indians ; who Frequently perpetrated their mischief in the neighborhood.
In many other parts of the country, new Station s were built, or settlements made, which it would be use- less to enumerate.
The reputation of Kentucky, for growing population, for the increase of riches, and for abundant objects o f speculation, had spread abroad, and was producing its correspondent results. The supposed restoration of peace, and the disbanding of the troops, had also their appropriate effects upon the country.
Beside several companies of land-jobbers, formed in Philadelphia, who had disgorged their immense accumu- lations of paper money on Virginia, for land-warrants, and who had now sent their agents to Kentucky, in or- der to procure locations ; a mercantile, or trading com- pany, had also been formed at the same place.
At the head of the latter, was GENERAL JAMES WILKINSON, who in February 1784, made his appear-
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ance in Lexington. The presence, the manners, and conversation of this gentleman, were calculated to attract attention, excite curiosity, and produce interest.
Those who know him, will not doubt, that enougli was soon disclosed, to place him in the most advantage- ous light.
He had come to settle in the country, to open a store, and to carry on commerce. His first cargo was on the Ohio, and Lexington, was to be his residence.
He had been an officer in the war, and lately a mem- ber of the Pennsylvania Legislature.
Besides these circumstances, so well adapted to pre- possess the feelings, and play upon the imaginations of the simple, and rustic Kentuckians-nature herself had furnished Wilkinson, with a passport, which ensured his favorable reception. A passport, written in a language as universal as population itself. A language which all could read ; whose effect every one felt ; and which none would suspect, or scrutinise, on the first impression. A person-not quite tall enough to be perfectly elegant, was compensated, by its symetry, and appearance of health, and strength. A countenance-open, capaci- ous, mild, and beaming with intelligence ; a gait-firm, manly, and facile ; manners -- bland, accommodating, and popular ; an address -- easy, polite, and gracious ; invited access, and gave assurance of attention, cordial- ity, and ease. By these, he conciliated ; by these, he captivated.
Such was the impression made by General Wilkin- son, which a further acquaintance contributed to modify;
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and of which we shall have occasion to speak hereafter
At this time all that extensive region of country on the north side of Licking, remained unsettled. Having been most contiguous to the Shawanees, and Delawares, it had been considered peculiarly dangerous ; even sur- veying had been restrained in 1783, by an order of the principal surveyor, which remained in force during his absence for that year. But being now withdrawn, about the first of March, the surveyors proceeded to business -- it was however soon discovered from the frequent, and fresh sign of Indians, that they had overrun the time of safety, or were too soon, to escape danger. Thinking it unsafe to remain in the woods, after making a few surveys, they returned home for safety.
Other surveyors, in other parts of the country found, the sign of Indians also, and sometimes fell in with par- ties, under very suspicious circumstances ; and who by their conduct indicated strong remains of an hostile dis- position ; without, in some instances, offering any vio- lence ; in others, they were rude, and predatory.
A recollection of recent hostility ; and a knowledge that the British still held the posts on the lakes will ac- count for these phenomina.
While candor compels us to absolve the British gov- ernment at this period, from stimulating the savages to a" continuance of the war ; no doubt need be entertained, but that the traders from Canada were interested, to en- gross the fur trade ; and for that purpose, were equally busy, and successful in keeping up the angry passions of
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the Indians, and of stimulating them to hostility, as the most certain means of effecting their object.
In the regular and straight forward course of events, the British Troops should have evacuated the posts on the Lakes, but they had not. And Kentucky was doom- ed to feel the stroke of war, while the atlantic part of the state enjoyed a complete exemption from its horrors.
The cup of peace, which had been grasped with so much avidity, and which promised so pleasing a draught, was struck from the lips of the Kentuckians, by the pre- mature contests, excited about the non-execution of the treaty, between the United States, and Great Britain ; and another offered in its place, filled with the corroding juice of Indian barbarity, and savage hostility.
Before the definitive treaty was signed, exceptions were taken to the embarkation of certain negroes at New York'; which it was alledged ought to have been restor- ed to their former owners.
This was the first ground of complaint ; and which as early as the 26th of May 1783 produced the following act of Congress.
" The UNITED STATES in CONGRESS assembled. " May 26th, 1783.
" WHEREAS by the articles agreed upon on the 30th of November last, by and between the commissioners of the United States of America for making peace, and the commissioner on the part of his Britannic majesty; it is stipulated " that his Britannic majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the X
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American inhabitants, withdraw all his armies, garrison?, and fleets, from the said United States, and from every port, place and harbour, within the same ;" and whereas a considerable number of negrdes belonging to the citi- zens of these states, have been carried off therefrom, con- trary to the true intent and meaning of the said arti- cles :
" Resolved, that copies of the letters between the com- mander in chief and Sir Guy Carleton, and other papers on this subject, be transmitted to the min- isters plenipotentiary of these states for negociating a peace in Europe ; and that they be directed to remon- strate thereon to the court of Great Britain, and take proper measures for obtaining such reparation as the nature of the case will admit.
"'Ordered, That a copy of the foregoing resolve be transmitted to the commander in chief; and that he be directed to continue his remonstrances to Sir Guy Carle- ton, respecting the permitting negroes belonging to the citizens of these states to leave New- York, and to insist on the dis continuance of that measure."
To understand the merits of this controversy , an atten- tion to dates is all-important, as is also, the subject mat - ter in debate.
Negroes in the United States are held as property- they had been taken in the course of the war, by the British army, and were now reclaimed by the United States, upon the clause in the provisional articles, which stipulated, " that his Britannic majesty shall with all convenient speed, and without causing any destruction of
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carrying away any negroes or other property, of the A- merican inhabitants, withdraw all his armies, &c." It might be doubted, whether any right whatever could be claimed under the' Treaty before the final articles, were at least signed, if not ratified. But the signature of the definitive treaty between the United States, and Great Britain, did not take place until the 3d of September 1783. To which a clause was annexed that the ratifi- cation should be exchanged in due form within six months, or sooner if possible, from the date. Allowing the six months, and the 3d of March 1784 would arrive. This however, is superrerogation ; as even the signature to the definitive treaty had not taken place, before the American congress asserted a right to the negros, and complained of an infraction of the treaty, when a part of them were sent, ar perinitted to go away, from N. Yo.k.
It is believed that an attention to dates on this subject is the more material, because the treaty of alliance be- tween France, and the United States, provides that " neither were to lay down their arms without the formal consent of the other first obtained." And France had not yet dispensed with that part of the treaty, nor given her formal consent ; nor had France yet made a d fini- tive treaty ; which might have been considered as the equivalent of her express consent. Although it is true, France had in conjunction with Spain, signed preliminary articles on the 20th of January 1783.
We will now bestow a moment's attention on the clause cited, from the preliminary articles, upon which the United States founded their claim to the negroes.
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" His Britannic majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw," &c. On the part of the United States it was contended that the expressions " without carrying away negroes, or other property," extended as well to those ne- groes who had been captured, or seduced into the pos- session of the British during the war, as to such as might be captured, or seduced after the peace.
On the side of Great-Britain it was insisted, that the belligerent rule, which transfers property, from the for- mer owner to the captor, applied to all the negroes re- duced to their possession during the war. That the ne- groes sent away, of which complaint was made, were all taken during the war ; and hence could not be the pro- perty, or negroes of the American inhabitants intended in the articles. Besides, said Sir Guy Carlton, " I found them free. I cannot reduce them to slavery."
The next subject of complaint, was the detention of the posts on the Lakes, and in which Kentucky was so much interested. As to the date of this complaint, it lies in the same predicament, with that about the negroes. It was made before the signature of the definitive treaty. As to the subject matter, we shall say so much, as may suffice to place it in its true light.
The clause in the preliminary articles is, " that his Britannic majesty shall with all convenient speed, with- draw all his armies, garrisons, and fleets, from the said United States, and from every port, place, and harbor, 'within the same." There were Michillimackinac, De-
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troit, Niagara, Oswego, Oswegatchic, Point-au-fer, and Dutchman's Point, enumerated as being within the American lines, and contiguous to the Lakes, from which the British Garrisons had not been withdrawn previous to the 12th of May 1783. When the extreme solicitude of congress torealise, if not to anticipate the ef- fects ofthe treaty, induced that hon. body, toact as follows :
" Resolved, That the commander in chief be directed whenever the frontier posts in the United States shall be evacuated pursuant to the articles of peace, to place therein, of the troops under his command, who have en- listed for three years, and whose term of service may not then have expired, such force as he may judge necessary to secure and hold the same, until further measures can be taken for the security of such of them as it may be ne- cessary to continue to support, provided it docs not exceed the term of nine months ; and that he take measures for exchanging with the British, or transporting such artille- ry, stores and provisions, as he may judge necessary for that purpose ; and the superintendant of finance is di- rected to afford all the assistance in his department which circumstances will permit."
, The commander in chief being in due form notified of this resolution, dispatched his orders to BARON STEU- BEN, who on the 3d of August 1783, wrote the follow- · ing letter to General Haldimand :
"CHAMBLY, August 3d, 1783. " SIR,
" THE United States of America in congress having charged their commander in chief with making the ne-
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cessary arrangements with the commanders in chief of the British armies, for receiving the posts now occupied by the troops of his Britannic majesty, and which are within the United States ; for this object, as well as for others relative to the preliminary articles of peace, I am ordered by his excellency General Washington, to con- cert such measures with your excellency, as shall be mu- tually agreeable.
" Major North, my aid-de-camp, will inform your ex- cellency, that I am on my route to Quebec, where I ex- pect in three or four days, to assure you that I am,
" Your excellency's most obedient humble servant, "STEUBEN. " His Excellency General Haldimand."
General Hallimand's definitive answer. " ST. JOHNS, 13th August, 1783. "' SIR,
" IN answer to the letter which I had the honor to receive from you yesterday, desiring a final answer, in writing, to the réquisitions which you have made in the name of the United States, I very readily comply with that desire, though the sense of my answer can be no more than a repetition of that which I have made to his excellency general Washington, delivered to you under a flying seal. I have, therefore, the honor to acquaint you, that however definitive the United States may con- sider the provisional treaty to be, the sense I have of my duty, and the customs of war, will not permit me to con- sider a cessation of hostilities in that light. The orders
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I have received, direct a discontinuance of every hostile act on my part, and an attention to defensive measures only, I have most punctually obeyed them, and shall continue to do so, until I shall receive his majesty's fur .. ther commands. I have not a doubt of the wishes ex- pressed in your, letter, of the United States to establish a perfect harmony with Great-Britain, by making good ' every engagement on their part. You will at the same time, allow me to express an equal confidence, that eve- ry promise on the part of Great-Britain, will, in due time, be fulfilled. But it is not for me to anticipate them on this occasion. When the ratification of peace shall be announced to me, I beg you will be assured that it will afford me the highest pleasure to execute every instructi- on I shall receive relative to it, with the utmost punctual- ity and dispatch ; until that event shall arrive, it is to- tally out of my power to permit you to proceed to the posts in the upper country, or in fact to treat with you on the subject of your mission. Wishing you a safe and agreeable passage,
1
I have the honor to be, &c. " FRED. HAL DIMAND.
" Major-general Baron Steuben."
This correspondence requires no comment.
On the 14th of January 1784, Congress, reciting the definitive treaty, RATIFIED the same; and resolve that the said ratification be transmitted to the American ministers in France, to be exchanged with all practica- ble dispatch. It belongs to the subject to remark that the ratification of the treaty has these words in the reci-
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tal : " and having for this desirable end, already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris on the 30th of No- vember 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and to constitute the treaty of peace proposed to be concluded between the crown of Great-Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and his Britannic-majesty should be ready to conclude such treaty accordingly ; and the treaty between Great-Britain and France having since been concluded."
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