CHAPTER XI.

_Kentucky organized as a State._

Peace with England.--Order of a Kentucky Court.--Anecdotes.--Speech of Mr.

Dalton.--Reply of Piankashaw.--Renewed Indications of Indian

Hostility.--Conventions at Danville.--Kentucky formed into a State.--New

Trials for Boone.

The close of the war of the Revolution, bringing peace between the

colonies and the mother country, deprived the Indians of that powerful

alliance which had made them truly formidable. Being no longer able to

obtain a supply of ammunition from the British arsenals, or to be guided

in their murderous raids by British intelligence, they also, through

their chiefs, entered into treaties of peace with the rapidly-increasing

emigrants.

Though these treaties with the Indians prevented any general

organization of the tribes, vagabond Indians, entirely lawless, were

wandering in all directions, ever ready to perpetrate any outrage. Civil

society has its highway robbers, burglars and murderers. Much more so

was this the case among these savages, exasperated by many wrongs; for

it cannot be denied that they were more frequently sinned against than

sinning. Their untutored natures made but little distinction between the

innocent and the guilty. If a vagabond white man wantonly shot an

Indian--and many were as ready to do it as to shoot a wolf--the friends

of the murdered Indian would take revenge upon the inmates of the first

white man's cabin they encountered in the wilderness. Thus it was

necessary for the pioneers to be constantly upon their guard. If they

wandered any distance from the fort while hunting, or were hoeing in the

field, or ventured to rear a cabin on a fertile meadow at a distance

from the stations, they were liable to be startled at any hour of the

day or of the night by the terrible war-whoop, and to feel the weight of

savage vengeance.

This exposure to constant peril influenced the settlers, as a general

rule, to establish themselves in stations. This gave them companionship,

the benefits of co-operative labor, and security against any small

prowling bands. These stations were formed upon the model of the one

which Daniel Boone had so wisely organized at Boonesborough. They

consisted of a cluster of bullet-proof log-cabins, arranged in a

quadrangular form, so as to enclose a large internal area. All the doors

opened upon this interior space. Here the cattle were gathered at night.

The intervals between the cottages were filled with palisades, also

bullet-proof. Loop-holes through the logs enabled these riflemen to

guard every approach to their fortress. Thus they had little to fear

from the Indians when sheltered by these strong citadels.

Emigration to Kentucky began very rapidly to increase. Large numbers

crossed the mountains to Pittsburgh, where they took flat boats and

floated down the beautiful Ohio, _la belle riviere_, until they reached

such points on its southern banks as pleased them for a settlement, or

from which they could ascend the majestic rivers of that peerless State.

Comfortable homesteads were fast rising in all directions. Horses,

cattle, swine, and poultry of all kinds were multiplied. Farming

utensils began to make their appearance. The hum of happy industry was

heard where wolves had formerly howled and buffalo ranged. Merchandise

in considerable quantities was transported over the mountains on pack

horses, and then floated down the Ohio and distributed among the

settlements upon its banks. Country stores arose, land speculators

appeared, and continental paper money became a circulating medium. This

money, however, was not of any very great value, as may be inferred from

the following decree, passed by one of the County Courts, establishing

the schedule of prices for tavern-keeping:

"The Court doth set the following rates to be observed by keepers in

this county: Whiskey, fifteen dollars the half-pint; rum, ten dollars

the gallon; a meal, twelve dollars; stabling or pasturage, four dollars

the night."

Under these changed circumstances, Colonel Boone, whose intrepidity

nothing could daunt, and whose confidence in the protective power of his

rifle was unbounded, had reared for himself, on one of the beautiful

meadows of the Kentucky, a commodious home. He had selected a spot whose

fertility and loveliness pleased his artistic eye.

It is estimated that during the years 1783 and 1784 nearly twelve

thousand persons emigrated to Kentucky. Still all these had to move with

great caution, with rifles always loaded, and ever on the alert against

surprise. The following incident will give the reader an idea of the

perils and wild adventures encountered by these parties in their search

for new and distant homes.

Colonel Thomas Marshall, a man of much note in those days, had crossed

the Alleghanies with his large family. At Pittsburgh he purchased a

flat-boat, and was floating down the Ohio. He had passed the mouth of

the Kanawha River without any incident of note occurring. About ten

o'clock one night, as his boat had drifted near the northern shore of

the solitary stream, he was hailed by a man upon the bank, who, after

inquiring who he was, where he was bound, etc., added:

"I have been posted here by order of my brother, Simon Gerty, to warn

all boats of the danger of permitting themselves to be decoyed ashore.

My brother regrets very deeply the injury he has inflicted upon the

white men, and to convince them of the sincerity of his repentance, and

of his earnest desire to be restored to their society, he has stationed

me here to warn all boats of the snares which are spread for them by the

cunning of the Indians. Renegade white men will be placed upon the

banks, who will represent themselves as in the greatest distress. Even

children taken captive will be compelled, by threats of torture, to

declare that they are all alone upon the shore, and to entreat the boats

to come and rescue them.

"But keep in the middle of the river," said Gerty, "and steel your heart

against any supplications you may hear."

The Colonel thanked him for his warning, and continued to float down the

rapid current of the stream.

Virginia had passed a law establishing the town of Louisville, at the

Falls of the Ohio. A very thriving settlement soon sprang up there.

The nature of the warfare still continuing between the whites and the

Indians may be inferred from the following narrative, which we give in

the words of Colonel Boone:

"The Indians continued to practice mischief secretly upon the

inhabitants in the exposed part of the country. In October a party made

an incursion into a district called Crab Orchard. One of these Indians

having advanced some distance before the others, boldly entered the

house of a poor defenseless family, in which was only a negro man, a

woman and her children, terrified with apprehensions of immediate death.

The savage, perceiving their defenseless condition, without offering

violence to the family, attempted to capture the negro, who happily

proved an over-match for him, and threw the Indian on the ground.

"In the struggle, the mother of the children drew an axe from the corner

of the cottage and cut off the head of the Indian, while her little

daughter shut the door. The savages soon appeared, and applied their

tomahawks to the door. An old rusty gun-barrel, without a lock, lay in

the corner, which the mother put through a small crevice, and the

savages perceiving it, fled. In the meantime the alarm spread through

the neighborhood; the armed men collected immediately and pursued the

savages into the wilderness. Thus Providence, by means of this negro,

saved the whole of the poor family from destruction."

The heroism of Mrs. Merrill is worthy of being perpetuated, not only as

a wonderful achievement, but as illustrative of the nature of this

dreadful warfare. Mr. Merrill, with his wife, little son and daughter,

occupied a remote cabin in Nelson County, Kentucky. On the 24th of

December, 1791, he was alarmed by the barking of his dog. Opening the

door to ascertain the cause, he was instantly fired upon by seven or

eight Indians who had crept near the house secreting themselves behind

stumps and trees. Two bullets struck him, fracturing the bones both of

his leg and of his arm. The savages, with hideous yells, then rushed for

the door.

Mrs. Merrill had but just time to close and bolt it when the savages

plunged against it and hewed it with their tomahawks. Every dwelling was

at that time a fortress whose log walls were bullet proof. But for the

terrible wounds which Mr. Merrill had received, he would with his rifle

shooting through loop-holes, soon have put the savages to flight. They,

emboldened by the supposition that he was killed, cut away at the door

till they had opened a hole sufficiently large to crawl through. One of

the savages attempted to enter. He had got nearly in when Mrs. Merrill

cleft his skull with an ax, and he fell lifeless upon the floor.

Another, supposing that he had safely effected an entrance, followed him

and encountered the same fate. Four more of the savages were in this way

despatched, when the others, suspecting that all was not right, climbed

upon the roof and two of them endeavored to descend through the

chimney. The noise they made directed the attention of the inmates of

the cabin to the new danger.

There was a gentle fire burning upon the hearth. Mr. Merrill, with much

presence of mind, directed his son, while his wife guarded the opening

of the door with her ax, to empty the contents of a feather bed upon the

fire. The dense smothering smoke filled the flue of the chimney. The two

savages, suffocated with the fumes, after a few convulsive efforts to

ascend fell almost insensible down upon the hearth. Mr. Merrill, seizing

with his unbroken arm a billet of wood, despatched them both. But one of

the Indians now remained. Peering in at the opening in the door he

received a blow from the ax of Mrs. Merrill which severely wounded him.

Bleeding and disheartened he fled alone into the wilderness, the only

one of the eight who survived the conflict.

A white man who was at that time a prisoner among the Indians and who

subsequently effected his escape, reported that when the wounded savage

reached his tribe he said to the white captive in broken English:

"I have bad news for the poor Indian. Me lose a son, me lose a broder.

The squaws have taken the breech clout, and fight worse than the long

knives."

But the Indians were not always the aggressors. Indeed it is doubtful

whether they would ever have raised the war-whoop against the white man,

had it not been for the outrages they were so constantly experiencing

from unprincipled and vagabond adventurers, who were ever infesting the

frontiers. The following incident illustrates the character and conduct

of these miscreants:

A party of Indian hunters from the South wandering through their ancient

hunting grounds of Kentucky, accidentally came upon a settlement where

they found several horses grazing in the field. They stole the horses,

and commenced a rapid retreat to their own country. Three young men,

Davis, Caffre and McClure, pursued them. Not being able to overtake the

fugitives, they decided to make reprisals on the first Indians they

should encounter. It so happened that they soon met three Indian

hunters. The parties saluted each other in a friendly manner, and

proceeded on their way in pleasant companionship.

The young men said that they observed the Indians conversing with one

another in low tones of voice, and thus they became convinced that the

savages meditated treachery. Resolving to anticipate the Indians'

attack, they formed the following plan. While walking together in

friendly conversation, the Indians being entirely off their guard,

Caffre, who was a very powerful man, was to spring upon the lightest of

the Indians, crush him to the ground, and thus take him a prisoner. At

the same instant, Davis and McClure were each to shoot one of the other

Indians, who, being thus taken by surprise, could offer no resistance.

The signal was given. Caffre sprang upon his victim and bore him to the

ground. McClure shot his man dead. Davis' gun flashed in the pan. The

Indian thus narrowly escaping death immediately aimed his gun at Caffre,

who was struggling with the one he had grappled, and instantly killed

him. McClure in his turn shot the Indian. There was now one Indian and

two white men. But the Indian had the loaded rifle. McClure's was

discharged and Davis' missed fire. The Indian, springing from the grasp

of his dying antagonist, presented his rifle at Davis, who immediately

fled, hotly pursued by the Indian. McClure, stopping only to reload his

gun, followed after them. Soon he lost sight of both. Davis was never

heard of afterwards. Doubtless he was shot by the avenging Indian, who

returned to his wigwam with the white man's scalp.

McClure, after this bloody fray, being left alone in the wilderness,

commenced a return to his distant home. He had not proceeded far before

he met an Indian on horseback accompanied by a boy on foot. The warrior

dismounted, and in token of peace offered McClure his pipe. As they were

seated together upon a log, conversing, McClure said that the Indian

informed him by signs that there were other Indians in the distance who

would soon come up, and that then they should take him captive, tie his

feet beneath the horse's belly and carry him off to their village.

McClure seized his gun, shot the Indian through the heart, and plunging

into the forest, effected his escape.

About this same time Captain James Ward, with a party of half a dozen

white men, one of whom was his nephew, and a number of horses, was

floating down the Ohio River from Pittsburgh. They were in a flat boat

about forty-five feet long and eight feet wide. The gunwale of the boat

consisted of but a single pine plank. It was beautiful weather, and for

several days they were swept along by the tranquil stream, now borne by

the changing current towards the one shore, and now towards the other.

One morning when they had been swept by the stream within about one

hundred and fifty feet of the northern shore, suddenly several hundred

Indians appeared upon the bank, and uttering savage yells opened upon

them a terrible fire.

Captain Ward's nephew, pierced by a ball in the breast, fell dead in the

bottom of the boat. Every horse was struck by a bullet. Some were

instantly killed; others, severely wounded, struggled so violently as to

cause the frail bark to dip water, threatening immediate destruction.

All the crew except Captain Ward were so panic-stricken by this sudden

assault, that they threw themselves flat upon their faces in the bottom

of the boat, and attempted no resistance where even the exposure of a

hand would be the target for a hundred rifles.

Fortunately Captain Ward was protected from this shower of bullets by a

post, which for some purpose had been fastened to the gunwale. He

therefore retained his position at the helm, which was an oar, striving

to guide the boat to the other side of the river. As the assailants had

no canoes, they could not attempt to board, but for more than an hour

they ran along the banks yelling and keeping up an almost constant fire.

At length the boat was swept to the other side of the stream, when the

miscreants abandoned the pursuit, and disappeared.

Quite a large party of emigrants were attacked by the Indians near what

is now called Scagg's Creek, and six were instantly killed. A Mrs.

McClure, delirious with terror, fled she knew not where, followed by her

three little children and carrying a little babe in her arms. The cries

of the babe guided the pursuit of the Indians. They cruelly tomahawked

the three oldest children, and took the mother and the babe as captives.

Fortunately the tidings of this outrage speedily reached one of the

settlements. Captain Whitley immediately started in pursuit of the

gang. He overtook them, killed two, wounded two, and rescued the

captives. Such were the scenes enacted during a period of nominal peace

with the Indians.

There has been transmitted to us a very curious document, giving an

account of a speech made by Mr. Dalton, a Government agent, to a council

of Indian chiefs, upon the announcement of peace with Great Britain, and

their reply. Mr. Dalton said:

"MY CHILDREN,--What I have often told you is now come to pass. This day

I received news from my great chief at the Falls of the Ohio. Peace is

made with the enemies of America. The white flesh, the Americans,

French, and Spanish, this day smoked out of the peace-pipe. The tomahawk

is buried, and they are now friends. I am told the Shawanese, the

Delawares, Chickasaws, Cherokees, and all other red flesh, have taken

the Long Knife by the hand. They have given up to them the prisoners

that were in their hands.

"My children on the Wabash, open your ears and let what I tell you sink

into your hearts. You know me. Near twenty years I have been among you.

The Long Knife is my nation. I know their hearts. Peace they carry in

one hand and war in the other. I leave you to yourselves to judge.

Consider and now accept the one or the other. We never beg peace of our

enemies. If you love your women and children, receive the belt of wampum

I present you. Return me my flesh you have in your villages, and the

horses you stole from my people in Kentucky. Your corn fields were never

disturbed by the Long Knife. Your women and children lived quiet in

their houses, while your warriors were killing and robbing my people.

All this you know is the truth.

"This is the last time I shall speak to you. I have waited six moons to

hear you speak and to get my people from you. In ten nights I shall

leave the Wabash to see my great chief at the Falls of the Ohio, where

he will be glad to hear from your own lips what you have to say. Here is

tobacco I give you. Smoke and consider what I have said."

Mr. Dalton then presented Piankashaw, the chief of the leading tribe

assembled in council, with a belt of blue and white wampum. Piankashaw

received the emblem of peace with much dignity, and replied:

"MY GREAT FATHER THE LONG KNIFE,--You have been many years among us. You

have suffered by us. We still hope you will have pity and compassion

upon us, on our women and children. The sun shines on us, and the good

news of peace appears in our faces. This is the day of joy to the Wabash

Indians. With one tongue we now speak. We accept your peace-belt.

"We received the tomahawk from the English. Poverty forced us to it. We

were followed by other tribes. We are sorry for it. To-day we collect

the scattered bones of our friends and bury them in one grave. We thus

plant the tree of peace, that God may spread its branches so that we can

all be secured from bad weather. Here is the pipe that gives us joy.

Smoke out of it. Our warriors are glad you are the man we present it to.

We have buried the tomahawk, have formed friendship never to be broken,

and now we smoke out of your pipe.

"My father, we know that the Great Spirit was angry with us for stealing

your horses and attacking your people. He has sent us so much snow and

cold weather as to kill your horses with our own. We are a poor people.

We hope God will help us, and that the Long Knife will have compassion

on our women and children. Your people who are with us are well. We

shall collect them when they come in from hunting. All the prisoners

taken in Kentucky are alive. We love them, and so do our young women.

Some of your people mend our guns, and others tell us they can make rum

out of corn. They are now the same as we. In one moon after this we will

take them back to their friends in Kentucky.

"My father, this being the day of joy to the Wabash Indians, we beg a

little drop of your milk to let our warriors see that it came from your

own breast. We were born and raised in the woods. We could never learn

to make rum. God has made the white men masters of the world."

Having finished his speech, Piankashaw presented Mr. Dalton with three

strings of blue and white wampum as the seal of peace. All must observe

the strain of despondency which pervades this address, and it is

melancholy to notice the imploring tones with which the chief asks for

rum, the greatest curse which ever afflicted his people.

The incessant petty warfare waged between vagrant bands of the whites

and the Indians, with the outrages perpetrated on either side, created

great exasperation. In the year 1784 there were many indications that

the Indians were again about to combine in an attack upon the

settlements. These stations were widely scattered, greatly exposed, and

there were many of them. It was impossible for the pioneers to rally in

sufficient strength to protect every position. The savages, emerging

unexpectedly from the wilderness, could select their own point of

attack, and could thus cause a vast amount of loss and misery. For a

long time it had been unsafe for any individual, or even small parties,

unless very thoroughly armed, to wander beyond the protection of the

forts. Under these circumstances, a convention was held of the leading

men of Kentucky at the Danville Station, to decide what measures to

adopt in view of the threatened invasion. It was quite certain that the

movement of the savages would be so sudden and impetuous that the

settlers would be compelled to rely mainly upon their own resources.

The great State of Virginia, of which Kentucky was but a frontier

portion, had become rich and powerful. But many weary leagues

intervened, leading through forests and over craggy mountains, between

the plains of these distant counties and Richmond, the capital of

Virginia. The convention at Danville discussed the question whether it

were not safer for them to anticipate the Indians, and immediately to

send an army for the destruction of their towns and crops north of the

Ohio. But here they were embarrassed by the consideration that they had

no legal power to make this movement, and that the whole question,

momentous as it was and demanding immediate action, must be referred to

the State Government, far away beyond the mountains. This involved long

delay, and it could hardly be expected that the members of the General

Court in their peaceful homes would fully sympathize with the

unprotected settlers in their exposure to the tomahawk and the scalping

knife.

Several conventions were held, and the question was earnestly discussed

whether the interests of Kentucky did not require her separation from

the Government of Virginia, and her organization as a self-governing

State. The men who had boldly ventured to seek new homes so far beyond

the limits of civilization were generally men of great force of

character and of political foresight. They had just emerged from the war

of the Revolution, during which all the most important questions of

civil polity had been thoroughly canvassed. Their meetings were

conducted with great dignity and calm deliberation.

On the twenty-third of May, 1785, the convention at Danville passed the

resolve with great unanimity that Kentucky ought to be separated from

Virginia, and received into the American Union, upon the same basis as

the other States. Still that they might not act upon a question of so

much importance without due deliberation, they referred the subject to

another convention to be assembled at Danville in August. This

convention reiterated the resolution of its predecessor; issued a

proclamation urging the people everywhere to organise for defence

against the Indians, and appointed a delegation of two members to

proceed to Richmond, and present their request for a separation to the

authorities there.

"The Legislature of Virginia was composed of men too wise not to see

that separation was inevitable. Separated from the parent State by

distance and by difficulties of communication, in those days most

formidable, they saw that Kentuckians would not long submit to be ruled

by those whose power was so far removed as to surround every approach to

it with the greatest embarrassment. It was, without its wrongs, and

tyranny and misgovernment, the repetition of the circumstances of the

Crown and Colonies; and with good judgment, and as the beautiful

language of the Danville convention expressed it, with sole intent to

bless its people, they agreed to a dismemberment of its part, to secure

the happiness of the whole."[F]

[Footnote F: Daniel Boone, by W. H. Bogart.]

It is not important here to enter into a detail of the various

discussions which ensued, and of the measures which were adopted. It is

sufficient to say that the communication from Kentucky to the

Legislature of Virginia was referred to the illustrious John Marshall,

then at the commencement of his distinguished career. He gave to the

request of the petitioners his own strong advocacy. The result was, that

a decree was passed after tedious delays, authorising the formal

separation of Kentucky from Virginia. On the fourth of February, 1791,

the new State, by earnest recommendation of George Washington, was

admitted into the American Union.

It does not appear that Colonel Boone was a member of any of these

conventions. He had no taste for the struggles in political assemblies.

He dreaded indeed the speculator, the land jobber, and the intricate

decisions of courts, more than the tomahawk of the Indian. And he knew

full well that should the hour of action come, he would be one of the

first to be summoned to the field. While therefore others of the early

pioneers were engaged in these important deliberations, he was quietly

pursuing those occupations, congenial to his tastes, of cultivating the

farm, or in hunting game in the solitude of the forests. His humble

cabin stood upon the banks of the Kentucky River, not far from the

station at Boonesborough. And thoroughly acquainted as he was with the

habits of the Indians, he felt quite able, in his bullet-proof citadel,

to protect himself from any marauding bands which might venture to show

themselves so near the fort.

It seems to be the lot of humanity that life should be composed of a

series of storms, rising one after another. In the palace and in the

cottage, in ancient days and at the present time, we find the sweep of

the inexorable law, that man is born to mourn.

"Sorrow is for the sons of men,

And weeping for earth's daughters."

The cloud of menaced Indian invasion had passed away, when suddenly the

sheriff appears in Boone's little cabin, and informs him that his title

to his land is disputed, and that legal proceedings were commenced

against him. Boone could not comprehend this. Kentucky he regarded

almost his own by the right of his discovery. He had led the way there.

He had established himself and family in the land, and had defended it

from the incursions of the Indians. And now, in his advancing years, to

be driven from the few acres he had selected and to which he supposed he

had a perfect title, seemed to him very unjust indeed. He could not

recognise any right in what seemed to him but the quibbles of the

lawyers. In his autobiography he wrote in reference to his many painful

adventures:

"My footsteps have often been marked with blood. Two darling sons and a

brother have I lost by savage hands, which have also taken from me forty

valuable horses and abundance of cattle. Many dark and sleepless nights

have I been a companion for owls, separated from the cheerful society of

men, scorched by the summer's sun, and pinched by the winter's cold, an

instrument ordained to settle the wilderness."

Agitated by the thought of the loss of his farm and deeply wounded in

his feelings, as though a great wrong had been inflicted upon him, Boone

addressed an earnest memorial to the Legislature of Kentucky. In this he

stated that immediately after the troubles with the Indians had ceased,

he located himself upon lands to which he supposed he had a perfect

title; that he reared his house and commenced cultivating his fields.

And after briefly enumerating the sacrifices he had made in exploring,

settling and defending Kentucky, he said he could not understand the

justice of making a set of complicated forms of law, superior to his

actual occupancy of the land selected, as he believed when and where it

was, it was his unquestioned right to do so.

But the lawyers and the land speculators were too shrewd for the

pioneer. Colonel Boone was sued; the question went to the courts which

he detested, and Boone lost his farm. It was indeed a very hard case. He

had penetrated the country when no other white man trod its soil. He

discovered its wonderful resources, and proclaimed them to the world. He

had guided settlers into the region, and by his sagacity and courage,

had provided for their wants and protected them from the savage. And now

in his declining years he found himself driven from his farm, robbed of

every acre, a houseless, homeless, impoverished man. The deed was so

cruel that thousands since, in reading the recital, have been agitated

by the strongest emotions of indignation and grief.

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