CHAPTER IX

THE SETTLEMENT OF KENTUCKY

Kentucky had so long been spasmodically occupied and battled over by

Shawnese, Iroquois, and Cherokees, that it can not be said that any of

them had well-defined rights over its soil. Not until white men appeared

anxious to settle there did the tribes begin to assert their respective

claims, in the hope of gaining presents at the treaties whereat they

were asked to make cessions. The whites, on their part, when negotiating

for purchases, were well aware of the shadowy character of these claims;

but, when armed with a signed deed of cession, they had something

tangible upon which thenceforth to base their own claims of

proprietorship. There was therefore much insincerity upon both sides. It

is well to understand this situation in studying the history of Kentucky

settlement.

Colonel Richard Henderson was one of the principal judges in North

Carolina, a scholarly, talented man, eminent in the legal profession;

although but thirty-nine years of age, he wielded much influence.

Knowing and respecting Daniel Boone, Henderson was much impressed by the

former's enthusiastic reports concerning the soil, climate, and scenery

of Kentucky; and, acting solely upon this information, resolved to

establish a colony in that attractive country. He associated with

himself three brothers, Nathaniel, David, and Thomas Hart, the

last-named of whom in later life wrote that he "had known Boone of old,

when poverty and distress held him fast by the hand; and in those

wretched circumstances he had ever found him a noble and generous soul,

despising everything mean." Their proposed colony was styled

Transylvania, and the association of proprietors the Transylvania

Company.

It will be remembered that in the treaty of Fort Stanwix (1768) the

Iroquois of New York had ceded to the English crown their pretensions to

lands lying between the Ohio and the Tennessee. The Transylvania

Company, however, applied to the Cherokees, because this was the tribe

commanding the path from Virginia and the Carolinas to Kentucky. In

March, 1775, a great council was held at Sycamore Shoals, on the Watauga

River, between the company and twelve hundred Cherokees who had been

brought in for the purpose by Boone. For $50,000 worth of cloths,

clothing, utensils, ornaments, and firearms, the Indians ceded to

Henderson and his partners an immense grant including all the country

lying between the Kentucky and Cumberland Rivers, also a path of

approach from the east, through Powell's Valley. At this council were

some of the most prominent Cherokee chiefs and southwestern

frontiersmen.

When the goods came to be distributed among the Indians it was found

that, although they filled a large cabin and looked very tempting in

bulk, there was but little for each warrior, and great dissatisfaction

arose. One Cherokee, whose portion was a shirt, declared that in one

day, upon this land, he could have killed deer enough to buy such a

garment; to surrender his hunting-ground for this trifle naturally

seemed to him a bad bargain. For the safety of the pioneers the chiefs

could give no guarantee; they warned Boone, who appears to have acted as

spokesman for the company, that "a black cloud hung over this land,"

warpaths crossed it from north to south, and settlers would surely get

killed; for such results the Cherokees must not be held responsible.

This was not promising. Neither was the news, now received, that

Governors Martin of North Carolina, and Dunmore of Virginia had both of

them issued proclamations against the great purchase. The former had

called Henderson and his partners an "infamous Company of Land Pyrates";

and they were notified that this movement was in violation of the king's

proclamation of 1763, forbidding Western settlements.

The company, relying upon popular sympathy and their great distance from

tidewater seats of government, proceeded without regard to these

proclamations. Boone, at the head of a party of about thirty enlisted

men, some of them the best backwoodsmen in the country,[11] was sent

ahead to mark a path through the forest to Kentucky River, and there

establish a capital for the new colony. They encountered many

difficulties, especially when traveling through cane-brakes and brush;

and once, while asleep, were attacked by Indians, who killed a negro

servant and wounded two of the party. Boone won hearty commendation for

his skill and courage throughout the expedition, which finally arrived

at its destination on the sixth of April. This was Big Lick, on Kentucky

River, just below the mouth of Otter Creek. Here it was decided to build

a town to be called Boonesborough, to serve as the capital of

Transylvania. The site was "a plain on the south side of the river,

wherein was a lick with sulphur springs strongly impregnated."

To Felix Walker, one of the pioneers, we are indebted for the details of

this notable colonizing expedition, set forth in a narrative which is

still preserved. "On entering the plain," he writes, "we were permitted

to view a very interesting and romantic sight. A number of buffaloes, of

all sizes, supposed to be between two and three hundred, made off from

the lick in every direction: some running, some walking, others loping

slowly and carelessly, with young calves playing, skipping, and bounding

through the plain. Such a sight some of us never saw before, nor perhaps

ever may again." A fort was commenced, and a few cabins "strung along

the river-bank;" but it was long before the stronghold was completed,

for, now that the journey was at an end, Boone's men had become callous

to danger.

Meanwhile Henderson was proceeding slowly from the settlements with

thirty men and several wagons loaded with goods and tools. Delayed from

many causes, they at last felt obliged to leave the encumbering wagons

in Powell's Valley. Pushing forward, they were almost daily met by

parties of men and boys returning home from Kentucky bearing vague

reports of Indian forays. This resulted in Henderson losing many of his

own followers from desertion. Arriving at Boonesborough on the twentieth

of April, the relief party was "saluted by a running fire of about

twenty-five guns." Some of Boone's men had, in the general uneasiness,

also deserted, and others had scattered throughout the woods, hunting,

exploring, or surveying on their own account.

The method of surveying then in vogue upon the Western frontier was of

the crudest, although it must be acknowledged that any system more

formal might, at that stage of our country's growth, have prevented

rapid settlement. Each settler or land speculator was practically his

own surveyor. With a compass and a chain, a few hours' work would

suffice to mark the boundaries of a thousand-acre tract. There were as

yet no adequate maps of the country, and claims overlapped each other

in the most bewildering manner. A speculator who "ran out" a hundred

thousand acres might, without knowing it, include in his domain a

half-dozen claims previously surveyed by modest settlers who wanted but

a hundred acres each. A man who paid the land-office fees might "patent"

any land he pleased and have it recorded, the colony, and later the

State, only guaranteeing such entries as covered land not already

patented. This overlapping, conscious or unconscious, at last became so

perplexing that thousands of vexatious lawsuits followed, some of which

are still unsettled; and even to-day in Kentucky there are lands whose

ownership is actually unknown, which pay no taxes and support only

squatters who can not be turned out--possibly some of it, lying between

patented tracts, by chance has never been entered at all. Nobody can now

say. Thus it was that we find our friend Daniel Boone quickly

transformed from a wilderness hunter into a frontier surveyor. Before

Henderson's arrival he had laid off the town site into lots of two

acres each. These were now drawn at a public lottery; while those who

wished larger tracts within the neighborhood were able to obtain them by

promising to plant a crop of corn and pay to the Transylvania Company a

quit-rent of two English shillings for each hundred acres.

[Illustration: A SURVEY NOTE BY BOONE.

Reduced facsimile from his field-books in possession of Wisconsin

State Historical Society.]

There were now four settlements in the Transylvania grant:

Boonesborough; Harrodsburg, fifty miles west, with about a hundred men;

Boiling Spring, some six or seven miles from Harrodsburg; and St. Asaph.

The crown lands to the north and east of the Kentucky, obtained by the

Fort Stanwix treaty, contained two small settlements; forty miles north

of Boonesborough was Hinkson's, later known as Ruddell's Station, where

were about nineteen persons; lower down the Kentucky, also on the north

side, was Willis Lee's settlement, near the present Frankfort; and

ranging at will through the crown lands were several small parties of

"land-jobbers," surveyors, and explorers, laying off the claims of

militia officers who had fought in the Indian wars, and here and there

building cabins to indicate possession.

Henderson had no sooner arrived than he prepared for a convention, at

which the people should adopt a form of government for the colony and

elect officers. This was held at Boonesborough, in the open air, under a

gigantic elm, during the week commencing Tuesday, the twenty-third of

May. There were eighteen delegates, representing each of the four

settlements south of the Kentucky. Among them were Daniel and Squire

Boone, the former of whom proposed laws for the preservation of game and

for improving the breed of horses; to the latter fell the presentation

of rules for preserving the cattle-ranges. The compact finally agreed

upon between the colonists and the proprietors declared "the powers of

the one and the liberties of the others," and was "the earliest form of

government in the region west of the Alleghanies." It provided for

"perfect religious freedom and general toleration," militia and judicial

systems, and complete liberty on the part of the settlers to conduct

colonial affairs according to their needs. This liberal and

well-digested plan appeared to please both Henderson and the settlers.

But the opposition of the governors, the objections raised by the

Assembly of Virginia, of which Kentucky was then a part,[12] and

finally, the outbreak of the Revolution, which put an end to proprietary

governments in America, caused the downfall of the Transylvania Company.

The Boonesborough legislative convention met but once more--in December,

to elect a surveyor-general.

The May meeting had no sooner adjourned than Transylvania began again to

lose its population. Few of the pioneers who had come out with Boone and

Henderson, or had since wandered into the district, were genuine

home-seekers. Many appear to have been mere adventurers, out for the

excitement of the expedition and to satisfy their curiosity, who either

returned home or wandered farther into the woods to seek fresh

experiences of wild life; others had deliberately intended first to

stake out claims in the neighborhood of the new settlements and then

return home to look after their crops, and perhaps move to Kentucky in

the autumn; others there were who, far removed from their families,

proved restless; while many became uneasy because of Indian outrages,

reports of which soon began to be circulated. Henderson wrote cheerful

letters to his partners at home, describing the country as a paradise;

but by the end of June, when Boone returned to the East for salt,

Harrodsburg and Boiling Spring were almost deserted, while Boonesborough

could muster but ten or twelve "guns," as men or boys capable of

fighting Indians were called in the militia rolls.

The infant colony of Kentucky had certainly reached a crisis in its

career. Game was rapidly becoming more scarce, largely because of

careless, inexperienced hunters who wounded more than they killed, and

killed more than was needed for food; the frightened buffaloes had now

receded so far west that they were several days' journey from

Boonesborough. Yet game was still the staff of life. Captain Floyd, the

surveyor-general, wrote to Colonel Preston: "I must hunt or starve."

As the summer wore away and crops in the Eastern settlements were

gathered, there was a considerable increase in the population. Many men

who, in later days, were to exert a powerful influence in Kentucky now

arrived--George Rogers Clark, the principal Western hero of the

Revolution; Simon Kenton, famous throughout the border as hunter, scout,

and Indian fighter; Benjamin Logan, William Whitley, the Lewises,

Campbells, Christians, Prestons, MacDowells, McAfees, Hite, Bowman,

Randolph, Todd, McClellan, Benton, Patterson--all of them names familiar

in Western history.

In the first week of September Boone arrived with his wife and family

and twenty young men--"twenty-one guns," the report reads; Squire and

his family soon followed; four Bryans, their brothers-in-law, came at

the head of thirty men from the Yadkin; and, at the same time,

Harrodsburg was reached by several other families who had, like the

Boones, come on horseback through Cumberland Gap and Powell's Valley.

This powerful reenforcement of pioneers, most of whom proposed to stay,

had largely been attracted by Henderson's advertisements in Virginia

newspapers offering terms of settlement on Transylvania lands. "Any

person," said the announcement, "who will settle on and inhabit the same

before the first day of June, 1776, shall have the privilege of taking

up and surveying for himself five hundred acres, and for each tithable

person he may carry with him and settle there, two hundred and fifty

acres, on the payment of fifty shillings sterling per hundred, subject

to a yearly quit-rent of two shillings, like money, to commence in the

year 1780." Toward the end of November Henderson himself, who had gone

on a visit to Carolina, returned with forty men, one of whom was Colonel

Arthur Campbell, a prominent settler in the Holston Valley.

This increase of population, which had been noticeable throughout the

autumn and early winter, received a sudden check, however, two days

before Christmas, when the Indians, who had been friendly for several

months past, began again to annoy settlers, several being either killed

or carried into captivity. This gave rise to a fresh panic, in the

course of which many fled to the east of the mountains.

During the year about five hundred persons from the frontiers of

Pennsylvania, Virginia, and North Carolina had visited and explored

Kentucky; but now, at the close of December, the population of all the

settlements did not aggregate over two hundred. The recent outbreak had

much to do with this situation of affairs; but there were other causes

conspiring to disturb the minds of the people and postpone the growth of

settlement--the clashing of interests between the Transylvania Company

and the governors of Virginia and North Carolina, uncertainty as to the

possibilities of a general Indian war, the threatened rupture between

the colonies and the English crown, and the alarming scarcity of

provisions and ammunition throughout Kentucky.

Nevertheless, over nine hundred entries had been made in the

Transylvania land-office at Boonesborough, embracing 560,000 acres, and

most of these tracts were waiting to be surveyed; two hundred and thirty

acres of corn had been successfully raised; horses, hogs, and poultry

had been introduced, and apple- and peach-trees had been started at

several settlements. The germ of a colony was firmly planted, laws had

been made, the militia had been organized, civil and military officers

had been commissioned, and in the face of several slight Indian attacks

the savages had been repelled and the country maintained. Most promising

of all, there were now twelve women in the country, all of them heads of

families.

The principal pioneers were nearly all of sturdy Scotch-Irish blood, men

of sterling merit, intensely devoted to the cause of American liberty,

and destined to contribute powerfully to its aid in the great war which

had now begun, and concerning which messengers from over the mountains

had during the year brought them scanty information.

FOOTNOTES:

[11] The names of this party of Kentucky pioneers, as preserved by

tradition, are worth presenting in our record, for many of them

afterward became prominent in the annals of the West: Squire Boone,

Edward Bradley, James Bridges, William Bush, Samuel Coburn, Colonel

Richard Calloway, Captain Crabtree, Benjamin Cutbirth, David Gass, John

Hart, William Hays (son-in-law of Daniel Boone), William Hicks, Edmund

Jennings, Thomas Johnson, John Kennedy, John King, William Miller,

William Moore, James Nall, James Peeke, Bartlet Searcy, Reuben Searcy,

Michael Stoner, Samuel Tate, Oswell Towns, Captain William Twitty

(wounded at Rockcastle), John Vardeman, and Felix Walker (also wounded

at Rockcastle). Mrs. Hays, Boone's daughter, traveled with her husband;

a negro woman accompanied Calloway, and a negro man (killed at

Rockcastle) was with Twitty.

[12] It was then within the far-stretching boundaries of Fincastle

County. Kentucky was set apart as a county, December 31, 1776.

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