CJass_. F^SS AN ADDRESS J ' IN COMMEMORATION OF THE FIRST SETTLEMENT OF KENTUCKY: DELIVERED At Boonesbororigh the 25tli May, 1840, BY JAMES T. MOREHEAD FRANKFORT, KY. A. G. HODGES STATE PRINTER, 1840. County of Madison, May 29ih, 1810. Hon. James T. Morehead, Dear Sir:— On behalf of the several Committees appointed by the Counties of Madison and Clarke, in relation to the Celebration at Boonesborough, on the 24th instant, of the 65th Anniversary of the first settlement of Kentucky, we have to request that you will furnish for the press, a copy of the very appropriate and eloquent address delivered by you en that interesting occasion. In making this request, we take pleasure in assuring you, that we not only express ihe wishes of the several Committees, but of the whole community, and that we are Most respectfully, and sincerely, yours, &c. DANIEL BRECK, J. B. HOUSTON, DAVID IRVINE, JOHN MARTIN, W. H. CAPERTON, A.W.MILLS, ARCHIBALD WOODS, PATTON D. HARRISON. Frankfort, 5ih June, 1840. Gentlemen : In complying with your request to furnish you a copy of my address at Boones- borough, on the 25th ultimo, on the occasion of the Celebration of the first settlement of Kentucky, I beg to be permitted to express my acknowledgements for the favorable terms in which you have been pleased to speak of it, and the gratification I shall feel, should it contribute, in any degree, to diffuse acquaintance with the early history of our Commonwealth. I have the honor to be, With great respect. Gentlemen, Your obedient servant, JAMES T. MOREHEAD, Daniel Brece, Esq., and others, Committee, &c. ti ADDRESS. We meet under circumstances of peculiar felicitation. From various parts of our beloved Commonwealth, we have come up to the place which has been known in past, as it will continue to be known in all future time, as the first permanent residence of those extraordinary men, who, with fortitude and perseverance unexampled in the history of the human race, dislodged the aborigines of the soil we inhabit, and prepared it, under the pressure of almost incredible hardships and sufferings, for the abode of free and intelligent man. The descendants of the pioneers have assembled to discharge pious obliga- tions of high and solemn import, to their memory. On the spot where we now are, there was convened, sixty- five years ago, the first Legislative Assembly of the great Valley of the West. It was composed of seventeen del- egates or representatives of not more than one hundred and fifty constituents, then the probable number of the people of Kentucky. The day on which they began their perilous labors, in an uninhabited and savage wil- derness, of which the red man and the buffalo had until then been the sole and unmolested possessors, — a middle point of time, between the commencement and comple- tion of the first rude fortress built by our ancestors for protection and defence — has been selected as the one most appropriately to be dedicated by the citizens of Kentucky to the commemoration of the earliest and most interesting event of their history. The importance of that event, — the dignity of the occasion — the interest and impressiveness of the specta- cle now presented to view — all combine to inspire us with sentiments of profound gratitude to Heaven, that we have lived to see this day : and our prayers are due to the great disposer of human events, who shielded our fathers and has hitherto watched over us, that He will preserve our institutions for generations to come, and that through His divine agency we may be permitted to perpetuate this anniversary by a solemn annual dedica- tion of it to the purposes of gratitude and thanksgiving and joy. Anxious for the indulgence I have often received from my fellow citizens, and sustained by the confidence that it will not be withheld, I proceed to the performance of the duty which they have assigned to me. The seventeenth century was distinguished by the settlement of the North American colonies, and the suc- cessful establishment of their institutions. To say noth- ing of the causes by which those events were superin- duced, or cf their influence upon the political affairs of mankind, it may be observed that no revolution either of manners or pursuits could be more thorough and per- ceptible, than that which was experienced by the primi- tive emigrants from the old world to the new. They w^ere the subjects of a misgoverned but time honored state, in which the few remaining relics of feudalism gave proof of tha progress of modern amelioration; and no sooner had they landed on the shore of the new world, than they found themselves the occupants of a wilderness, untrodden by the foot of civilized man, in- fested by savages, unsparing in cruelty and greatly su- perior in numbers, and bounded only by oceans that en- circled the continent. In this exposed condition, years of calamity and of suffering passed over them. Indo- lence, vice and famine produced their inevitable conse- quences — anarchy and discord and death. The re- straints of government — the feebleness of their resour- ces — the paucity of their numbers, — their remoteness from the parent country — the strength and fierceness of the surrounding native tribes — all contributed to impair their energies and damp their hopes — but notwithstand- ing the weight of such powerful retardments, before the close of the first half century after their emigration, the settlements had spread from the coasts to the interior; the colonial institutions had taken deep root in the soil — and an impulse was given to the progress of the colonies which was never afterwards' to be overcome. The char- acteristics of the colonists in the mean time had under- gone such a change as was necessary to adapt them to the emergencies of their new condition. The extension of their population westward, while it enlarged the boun- daries of civilization, tended at the same time, to enure the adventurous emigrants to scenes of toil and of dan- ger; and to engender the habits and modes of life and action, of rude and unpolished man. If the mass of the people of the colonies, even of those that were most dense- ly settled, were deprived of the luxuries and superflui- ties of life, the inhabitants of the frontier preferred a livelihood acquired by the contingent and hazardous em- ployment of a hunter, to the cultivation of the soil, or the practice of any mechanical occupation. While the force of circumstances propelled them on the one hand, into hostile contact with the natives, in respect to whom their position was necessarily antagonistical, they were urged, on the other, to depend for protection and secu- rity on their personal prowess and intrepidity alone; and to seek the means of support, in the midst of ferocious 8 and wily enemies, whose stealthy incursions no vigilance could elude ; whose implacable resentment , no other sa- crifice than that of blood could appease. The dextrous use of the rifle, therefore, became an acquisition of in- dispensible importance. The instinct of self-preserva- tion pointed it out as a weapon necessary at once for an- noyance and defence; and in a country abounding with every species of game, the frequent visitations of scar- city and want, taught them to rely on that trusty imple- ment as a most valuable auxiliary in furnishing subsis- tence to their families and themselves. In the progress of little more than a century and a half from the colonization of Virginia to the breaking out of hostilities with the parent country in 1775, the pop- ulation of the colonies had swelled to three millions. A nation had sprung up, claiming attention for its thrifti- ness and enterprise, its increasing commercial and agri- cultural resources, its intelligence and devotion to civil liberty. All the circumstances of its early career were favorable to the formation of those traits of character, that fitted it for the conflict which the rashness and vio- lence of the maternal councils threatened and precipita- ted — favorable also to the enlargement of the colonial possessions, by the conquest of distant and unexplored regions, the occupancy of which was still in bold and warlike Indian tribes. The existing generation was ad- mirably qualified for the distinguished part it was to per- form on a new theatre of human affairs. Born in the wilderness, it might almost be said to have been nurtur- ed in hardship — to have been disciplined in the hunter's camp, — to have been educated in the school of exposure and of peril. Wave after wave of civilization, as the colonial settlements expanded, wafted the aboriginal tribes still farther westward, and their places were sup- 9 plied by the hardy backwoodsmen , who, from taste and inchnation, sought homes and employment on the con- fines of the settlements. However the interior inhab- itants of the colonies may have been comparatively se- cure from the inroads of the savages, the weak and scat- tered settlements on the border were exposed to inces- sant conflicts, by night and by day, against fearful odds with their desperate and deadly foe. Not only was the power of endurance, however, strengthened by the in- vigorating habits of a frontier life, but a constant parti- cipation of its nerve-trying scenes, and a consequent fa- miliarity with its perils and vicissitudes, imparted to them charms, superior in the estimation of the tenant of the wilderness, to the soft endearments of polished society, or to the selfish and tranquil pursuits of ambition and wealth. The free born wanderer of the woods knew, only to disclaim, the artificial restraints of society, and as he roamed through the dark and majestic forest, or scaled the dizzy heights of the mountains, or traced the meanderings of some noble river, his attachments for his chosen pursuits increased with the increase of years, and he yielded himself to their enjoyment with the proud satisfaction that he was the free and untaxed proprietor of the boundless domains of nature around him. This absorbing preference of the frontier life charac- terized the whole class of original western emigrants ; and although the prevailing passion of that period for adventure and discovery, may have given impulse to their extraordinary career, to the predominant influence of their preference for that mode of life is chiefly attrib- utable the steady and unwavering perseverance, with which amidst all the discouragements and difliculties that encompassed them, they maintained their ground 10 and eventually effected the conquest of the magnificent regions of the West. Although the territory comprehended within the lim- its of Kentucky was embraced by the patent of James I, to the Virginia company, yet for more than a hundred and fifty years after Virginia was settled, Kentucky, abounding in every thing calculated to tempt the cupidi- ty or the enterprise of men, was as little known to the in- habitants east of the Alleghanies, as the terra incognita of antiquity. We have the assurance of history, that prior to the year 17G7, no citizen of Virginia had ventured to cross the great Laurel Ridge, which was the apparent western boundary of that colony. An explor- ing party, it is true, under the direction of Dr. Walker, had some years before, crossed the Cumberland Moun- tain from Powell's Valley and passed hastily along the northeastern portion of Kentucky ; but their discoveries extended no farther than the country bordering on the Sandy river which now separates us from Virginia, and the party returned as ignorant of Kentucky, as if no ex- ploration had been made. Long anterior to the year 1767, the vast regions of the northwest and south had been successfully explored from the Lakes to the Gulf of Mexico, under the auspices of the French and Spanish governments, and settlements were made at various pla- ces in the discovered countries — at Vincennes, Peoria, Cahokia, Kaskaskia, and Fort Chartres on the Missis- sippi. Towards the middle of the sixteenth century, Ferdinand De Soto, the celebrated discoverer of the low- er Mississippi, visited the country between Pensacola and North Carolina, passing through Georgia, Alabama and Tennessee — and thus became acquainted with the south- ern parts of the continent.* In June 1673 Father Mar- * De Soto died on the 21 May, 1542. " To conceal his death," says Bancroft, [History U. S., 1. 57] "his body was wrapped in a mantle, and in the stillness of midnight, was 11 quette, a French Missionary, stood on the banks of the Upper Mississippi ; and having descended that river to its junction with the Arkansas, returned to Chicago on Lake Michigan, passing up the river Ilhnois. After him, the enterprizing but unfortunate La Salle, resolved upon a further exploration of the regions of the northwest: and with that view, built in 1769 on Lake Erie, the first large vessel that ever ploughed its beautiful waters. He proceeded up the Lakes to Michilimackinac, where he left his ship and embarking in canoes, sailed along the coast until he reached the southern extremity of Lake Michigan. From there he crossed over the portage to the Illinois, and descended that river and the Mississip- pi to the Gulf of Mexico. In 1717 "the company of the West," under whose auspices Fort Chartres was es- tablished, became entitled, by virtue of a grant from Louis XIV, to the immense territory, comprizing Lou- isiana, Mississippi, Alabama, Tennessee, Illinois, Mis- souri and Arkansas;* and a chain of posts was estab- lished by the French government, to connect their pos- sessions in Canada with those in Louisiana by a line of communication from Quebec to New Orleans. Although surrounded, as we have seen, by settlements at every point of the compass, and composing a part of the extensive territory embraced by the patent of the Virginia company, Kentucky remained a dangerous and unexplored wilderness — unexplored, if we concede the expedition of Dr. Walker to have been an entire failure — and scarcely known by tradition to the restless and en- terprising inhabitants of the New World, until the year silently sunk in the middle of the stream. The discoverer of the Mississippi slept be- nealli its waters. He crossed a large part of the continent in search of gold, and found nothing so remarkable as his burial place." * Hall't Sketches, 1. 143. 12 1767.* No habitation had been reared by civilized hands within her borders. The foot of the white man had never touched her soil to appropriate or subdue it. The keen glance of discovery which had penetrated ev- ery other region of the west, had not ventured into the re- cesses of her majestic forests and her tangled canebrakes. The nations of the red men themselves had never lived within the limits of the dark and bloody ground. "The first explorers of this region," says a historian of the west,! " found no Indians settled upon the shores of the Ohio." " Throughout the whole length of that beauti- ful river, no vestige of an Indian town is to be found." The favorite resort of the elk and the buffalo, and the haunt of every imaginable beast of prey, Kentucky was at once the hunting ground and the battlefield of fero- cious tribes of savages, numerous memorials of whose bloody conflicts, attest the desperation with which their respective titles v/ere disputed to the sovereignty over the soil. It was truly a spell-bound land : and the spell continued until it was dissolved in blood. If we consid- er how enchanting must have been the aspect of the country, as it was presented to the eye of one of its principal discoverers, when "from the top of an eminence on the banks of the Red river, he saw with pleasure, the beautiful level of Kentucky ,"J our astonishment may be •"The country beyond the Cumberland mountain, still [in 1767] appeared to the dusky view of the generality of the people of Virginia, almost as obscure and doubtful, as America itself to the people of Europe, before the voyage of Columbus. A coun- try there was— of this none could doubt, who thought at all; but whether land or wa- ter, mountain or plain, fertility or barrenness preponderated ; whether inhabited by men or beasts or both or neither, they knew not. If inhabited by men, they were supposed to bo Indians, — for such had always infested the frontiers: And this had been a power- ful reason for not exploring the regions west of the great mountain, which concealed Kentucky from their sight." — Marshall, vol. 1, p. 7. + Hall's Sketches, vol . 1, p. 233. ■JBoone'i Narrative, 1784, awakened that such a country should have remained so long obscure and unknown : but we may not be aston- ished that a region, teeming with all the bounties of Providence for the red man's peculiar enjoyment, associ- ated with recollections of the glorious exploits of his an- cestors in the fields of nature and of battle, and endear- ed to him by strong and deeply rooted superstitions, should have been relinquished only when it could no longer be maintained either by stratagem or force; only with the extinguishment of every ray of hope of its eventual extrication from the dominion of the invader. Nor need we be astonished that in the prosecution of the effort to expel the invader from their common hunt- ing grounds, all motives for jealousy and collision among the conflicting tribes, should, for the occasion, have been laid aside, and that the cause of vengeance against the white man should have been a common cause. During the twenty years that intervened between the first permanent settlement and the successful termina- tion of General Wayne's campaign in 1794, there was no peace for the devoted inhabitants of Kentucky. Day after day, for twenty years, the sun rose but to wit- ness in his course incessantly-recurring scenes of danger and of bloodshed, the bare recital of which chills us with horror at the distance of half a century from the period of their occurrence. Suns set and night came, but with the darkness came no respite from the anxious thoughts, the unwearied watchings, the ever present perils of the white man. If he left in the morning his cabin or his camp — the rude spot to which he had appropriated the endearing name of home — no assurance was allowed to gladden the prospect of his return, that the one would not be in ruins or the other deluged in blood. The few and meagre records that have been transmitted of the 14 events of those trying years, contain little else than dai- ly reiterations of some hair-breadth escape, or some mournful tragedy; and so frequent and familiar were violent deaths by the rifle or the tomahawk, so common were scenes of devastation and massacre, that the tran- quil disembodying of the spirit from disease, was a cu- rious and interesting spectacle, which was witnessed by women as well as men, with mingled emotions of won- der and admiration and awe.* It is scarcely too much to say in the emphatic language of a very accurate histo- rian, *'• that hecatombs of white men were offered by the Indian to the God of battles in their desperate and ruthless contention for Kentucky."! Yet the undaunted emigrants maintained their ground; and while the moun- tains and the valleys rang with the yells of a vastly out- numbering foe, and the forests glittered with the gleams of the tomahawk, and death was ambushed in every canebrake, and danger lurked in every imaginable shape, the intrepid backwoodsmen, with their characteristic fearlessness, enjoyed life, hunted game, levelled forests^ built forts and villages, opened roads, administered justice, married wives, spent sociable evenings, and laid all the foundations of a future commonwealth. It is due to the occasion that has convened us togeth- er, that we should unfold the prominent events in the early history of Kentucky which led to consequences so interesting to us all, and it is due to the memory of the wonderful men who achieved them, that we exhibit their characters for the admiration of mankind. Historians do not agree as to the precise date of the visitof Dr. Walker, J to Powell's Valley, and from thence *See Appendix, note A. t Butler, p. 19. I Butler, 18, says in 1747, and adds "Ur. Walker so inroimed John Brown, Esq. of Frankfort." Marshall, I. 6, says « about the year 1758." \ 15 across the Cumberland mountain to the Big Sandy river. Whatever may have been the period, it cannot be an im- portant enquir}^, when we know that he traversed the northeastern border only, and saw but a small and moun- tainous part of the country. I have said that it was no ex- ploration of Kentucky, as is manifest from the fact, that the party returned dissatisfied, and with such an unfa- vorable opinion of the region through which they passed, as to be deterred from any attempt to revisit it.* The facts connected with Dr. Walker's excursion that do interest us, however, and about which there is no disa- greement, are, that he gave their present appellations to the Cumberland river and to the pass through the moun- tain of the same name ; that he crossed the main north- ern branch of the Kentucky, which he called by the sweet name of Louisa, by which title the main Kentucky river as well as the country were respectively known for many years afterwards, and was recognized by Hender- son in the treaty at Wataga in March 1775.t At what time, for what reason or by what means the Indian ap- pellation of Kan-tuck-ee, w^as afterwards substituted, and applied exclusively to both the river and the soil, we have no means of determining. The first successful attempt to explore the Kentucky country was made by John Finley, a backwoodsman of North Carolina, in 1767. He was attended by a few companions, as adventurous as himself, whose names have escaped the notice of history. They were evident- ly a party of hunters, and were prompted to the bold and hazardous undertaking, for the purpose of indulging in their favorite pursuits. Of Finley and his comrades, and of the course and extent of their journey, little is now known. That they were of the pure blood, and en- *MaishalI, 1,6. Duller, 18. t Builer, Appendix, 101. 16 dowed Avitli the genuine qualities, of the pioneers, is manifestly undeniable. That they passed over the Cum- berland, and through the intermediate country to the Kentucky river, and penetrated the beautiful valley of the Elkhorn, there are no sufficient reasons to doubt. It is enough, however, to embalm their memory in our hearts, and to connect their names with the imperisha- ble memorials of our early history, that they were the first adventurers that plunged into the dark and enchant- ed wilderness of Kentucky, — that of all their cotempo- raries they saw her first — and saw her in the pride of her virgin beauty — at the dawn of summer — in the full- ness of her vegetation — her soil, instinct with fertility, covered with the most luxuriant verdure — the air per- fumed with the fragrance of flowers, and her tall forests looming in all their primeval magnificence. How long Finley lived, or where he died, the silence of history does not enable us to know. That his remains are now mingled with the soil that he discovered, there is some reason to hope, for he conducted Boone to Ken- tucky in 1769 — and there the curtain drops upon him for- ever. It is fit it should be raised. It is fit that justice, late and tardy that it be, should be done to the memory of the first of the pioneers. And what can be more appropri- ate, than that the first movement should be made for the performance of such a duty, on the day of the commem- oration of the discovery and settlement of the Common- wealth? The return of the hunters to North Carolina created a general sensation. The glowing accounts they gave of the country they had visited, — of its extraordinary beau- ty, its surpassing fertility, and above all, of the unex. haustible abundance of wild game which it furnished, fired the hearts of the inhabitants of the frontier. After 17 a. twelvemonth or more had elapsed, Finley's roving habits conducted him to the Yadkin river in the vicinity of the residence of Daniel Boone, whose life, although he was then but twenty-two year-"? of age,* had already developed the features of that extraordinary character, which subsequently distinguished his career, and secur- ed him a conspicuous rank among the remarkable men of the period in which he lived. The simple narrative of Finley's adventures was sufficient to fix the determi- nation of the future conqueror of the wilderness ; and it was resolved that they would explore Kentucky togeth- er. In the ensuing spring they set off on their journey. " It was on the 1st of May 1769," says Boone himself,t whose phraseoloL'y I prefer to adopt, " that I resigned my domestic happiness, and left my family and peacea- ble habitation on the Yadkin river, in North Carolina, to wander through the wilderness of America, in quest of the country of Kentucke, in company with John Fin- ley, John Stuart, Joseph Holden, James Mooney, and William Cool." What can be more striking, than the predominance of the passion for adventure — the controlling influence of devotion to the hunter's life — exhibited in this touch- ing annunciation of the motives .ind objects of the youth- ful pioneer ? He had not long been married. His fa- ther had removed from the advancing settlements of the Schuylkill to the unbroken forests of North Carolina. Boone alter his marriage plunged deeper into the wilder- ness — and with the characteristic fidelity of the sex, his wife followed the hazardous fortunes of her husband. On a remote and sequestered spot near the head waters of the Yadkin, he built cabins, and cleared fields, and * Boone '• was born aboutthe year 1746." Marshall, 1. 17. Flint's Life of Boone, 1. + Boona's Narrative 1784. Am. Mus. 2, 321. o O 18 found employment for his rifle. But it was not long be- fore the tide of emigration, sweeping in every direction from the Atlantic coasts, reached the frontier of North Carolina; and Boone found himself in imminent danjxer of being surrounded by civilized neighbors, whose settle- ments threatened to disturb the range and divide the empire of the wilderness. He became a discontented man; and after his imagination had been dazzled by Finley's description of his romantic excursion, he re- solved " to leave his family," to " resign his domestic happiness," to abandon " his peaceable habitation on the Yadkin," and become " a wanderer through the wil- derness of America, in quest of the country of Ken- tucke," several hundred miles distant from the colonial settlements, and swarming with savages, the implacable enemies of his race and nation ! How uncontrollable must have been the passion for adventure ! The result will show, that it was his " ruling passion, strong in death." The little party of half a dozen hunters with noother equipage than their knapsacks, and no weapons but their rifles, proceeded on the toilsome and perilous journey, un- til " on the 7th of June, after travelling," says Boone, " through a mountainous wilderness, in a western direc- tion, we found ourselves on Red river, where John Fin- ley had formerly been trading with the Indians, and from the top of an eminence saw with pleasure the beautiful level of Kentucke." After the marvellous accounts which Boone had re- ceived from Finley of the country in which he now found himself, we may well imagine what were the emotions that swelled the bosom of the satisfied adventurer, as from the top of the eminence on which he stood, he sur- veyed the beautiful and boundless level that for the first 19 time was presented to his view. It must indeed have been a bright and enrapturing prospect ! Kentucky lay before him in her matchless attractions ; in his own ex- pressive language, " a second paradise." All the visions of his imagination were realized at a glance. Boone was a lover of the beauties of nature, and has painted, himself, the picture of what he saw. He ''passed through a great forest, in which stood myriads of trees." " Nature was here," he continues, "a series of wonders and a fund of delight. She displayed her in:;cnuity and industry in a variety of flowers and fruits, beautifully colored, elegantly shaped, and charmingly flavored; and we were diverted with numberless animals, presenting themselves perpetually to our view." " Herds of buf- faloes, more numerous than the cattle of the settlements, browsed on the leaves of the cane and cropped the her- bage on those extensive plains. We saw hundreds in a drove." The party encamped on the Red river, one of the tributaries of the Kentucky ; and having made a shelter to defend them from ihc inclemency of a very rainy sea- son, " began to hunt and reconnoitre the country." On the 22d December, as Boone and Stuart rambled on the banks of the Kentucky river, a company of In- dians rushed out of a thick cane brake and made them prisoners. After seven days captivity and confinement, they were so fortunate as to make their escape ; and re- turning to their old camp, they found it plundered, and their comrades " dispersed or gone home." Neither history nor tradition furnishes any account of the fate of those men — *•' Nor trace nor tidings of their doom declare, Wliere lived their grief, or perished their despair." Finley was one of them ; and I do not discover that his 20 name is ever again mentioned in the annals of those times.* But their places were soon providentially sup- plied. "About this time," says Boone, from whose nar- rative I have extracted these details, " my brother Squire Boone and another adventurer, who came to explore the country shortly after us, were wandering through the forest, and accidentally found our camp." Without doubt it was a cheering accident, and the meeting must have been as cordial as it was unexpected : but its con- solations were of short duration. Soon after this fortu- nate accession to their numbers, John Stuart was killed by the savages, and " the man," continues the narra- tive, " who came with my brother, returned home by himself." The brothers were now left alone. The winter was far advanced, and it was necessary that something should be done to protect them from the weather. They built a small cottage, of such materials as their toma- hawks could supply, and occupied it, without molesta- tion, until the spring. With the year 1769, ended the first scene of the deep and bloody tragedy of the settlement of Kentucky. It was an ominous prelude to the events that were to follow, and mournfully prefigured that the future common- wealth was to be born in convulsions and baptized in blood. On the return of spring, the intrepid hunters found themselves involved in a very serious dilemma. Their store of ammunition was nearly exhausted, and their ri- fles were their only means of security and support. — Without them they must starve, or fall unarmed and * Of all the pioneers, the least justice has been done to Finley. And yet he was the first of them all. Would it not be one step toward rescuing him from undeserved obscurity, if the Legislature of Kentucky would avail itself of the first occasion that offers, to name a county after him? 21 defenceless under the hatchets of the savages. The im- prudence — nay the actual hazard — of a protracted delay in the wilderness became every passing day, more obvious and alarming. Still, the thought of surrendering their fa- vorite retreat — of exchanging their lonely and dangerous pastimes for the less acceptable enjoyments of domestic and social life, was painful to minds constituted as theirs were; and the alternative to which they resorted, display- ed another feature of the wonderful character of the back- woodsmen of that period. It was resolved that Squire Boone should revisit the settlements, return with all practicable despatch with horses and ammunition, and rejoin his brother at the camp. The arrangement hav- ing been made, the brothers exchanged a mournful leave, and after the lapse of a few days, Daniel Boone was a solitary wanderer in the wilderness of Kentucky. He has described in his autobiography, this interest- ing crisis of his life, in terms so touching and impressive, that I adopt his language. " On the 1st of May 1770," he relates, " my brother returned home for a new recruit of horses and ammunition, leaving me alone, without bread, salt or sugar, or even a horse or dog. I passed a few days uncomfortably. The idea of a beloved wife and family, and their anxiety on my account, would have disposed me to melancholy, if I had further indulged the thought." The thought was not indulged by the " rough stoic of the woods." If his mind did sometimes revert to the distant inmates of his " peaceable habitation on the Yadkin," the homage of a momentary sigh was all that was consistent with his nature or his destiny to pay to the endearments of the domestic circle. He was alone, in the midst of a howling wilderness, where every object that he saw admonished him, thit he must encourage 22 other feelings than those of melancholy and gloom. If there ever was a time in the evolution of his wayward for- tunes, when he stood in need of all his vigilance and self- possession, this was that time. His movements were watched — his trail was pursued — his camp, during inter- vals of his absence, was visited by the Indians. Every flying moment was a moment of peril to his life. But with all this, there was much in the peculiar cir- cumstances that surrounded him, to inspire him with res- olution — to give buoyancy to his spirits and excitement to his mind. The energies of his body derived ample support from the prosecution of his discoveries and the employments of the chase ; and his fancy revelled in the pleasures of those picturesque scenes that were daily unfolding and dissolving before his sight. With the pen- cil of an artist he has pourtrayed one of those scenes. " One day I undertook a tour through the country, when the diversity of the beauties of nature I met with, in this charming season," (it was in the month of May, 1770,) "expelled every gloomy thought. Just at the close of day * * * * I had gained the summit of a com- manding ridge, and looking around with astonishing de- light, beheld the ample plains and beauteous tracts be- low. On one hand I surveyed the Ohio, rolling in silent dignity, and marking the western boundary of Kentucke, with inconceivable grandeur : At a vast distance I beheld the mountains lift their venerable brows and penetrate the clouds. All things were still. I kindled a fire near a fountain of sweet water, and feasted on the loins of a buck which a few hours before I had killed. * * =* My excursion had fatigued my body and amused my mind. I laid me down to sleep and did not awake until the sun had chased away the night." — He concludes this vivid and beautiful description by declaring, that " no 23 populous city, with all the varieties of commerce and stately structures, could afford him so much pleasure, as the beauties of nature he found in this country." * On the 27th July, Squire Boone returned, according to his engagement, to the old encampment. He came, as he had gone, alone, — bringing with him the " horses and ammunition," which it was the object of his visit to the settlements to procure. That he should have cher- ished even the most latent expectation of finding his brother alive on his return, bespeaks a confidence in his destiny, which not all the skill of Daniel Boone, accom- plished as he was in the arts of Indian warfare, could justify. Miracles were not wrought in the eighteenth century to assure mankind of a Divine agency in human affairs; and who could have supposed, that any other doom but that of extermination, awaited the bold usurper of the Indian hunting ground — wandering from prefer- ence of a hunter's life, companionless, in a distant and savage wilderness — depending upon his rifle for food — upon the beasts of the forest for raiment — and for per- sonal safety upon the subtlety with which he avoided danger, and the valor and dexterity with which, when present, he met or repelled it — above all, marked and hunted as a victim by artful and fiendlike foes, instigat- ed to vengeance by a keen sense of wrong inflicted by the invasion of a favorite domain, from which they had not yet been driven by the power of the white man? — Yet Daniel Boone lived to act his part in the future con- quest of Kentucky; and from the period of his brother's return until the ensuing spring, the self exiled hunters continued to explore the country — giving names in their progress to the diflerent rivers — and in March 1771, retraced their steps to North Carolina with a determina- * Sen Appendix, note B. 24 tion to bring their families as soon as practicable to the wilderness. There for the present I leave them. Other actors now appear on the stage, and events in other quarters demand attention. In the interval between the first successful exploration of Kentucky in 1767 and the commencement of the year 1770, intelligence had extensively spread through Virginia and North Carolina of the character of the region west of the Alleghany, and the attention of en- terprizing men was strongly attracted by it. In the lat- ter year, a party of forty hunters from Holston, Clinch and New rivers, conducted by Colonel James Knox, equipped themselves and set off on an expedition on this side of the Cumberland mountain. Nine only reached Kentucky. Passing through what is now famiharly known as the middle section of the State, they explored the country lying on the Cumberland and Green rivers and returned home after a protracted and arduous jour- ney. They subsequently became distinguished from other exploring parties of that adventurous period by the appellation of " the long hunter sP From various causes Boone lingered on the Yadkin until the 25th September, 1773. In the meantime the spirit of emigration and enterprize was roused in Vir- ginia, and several surveying and exploring parties visited the wilderness in the spring of that year; whose move- ments, as this was an intermediate space of time be- tween the discovery and settlement of Kentucky, de- serve particular notice. In May, 1773, Thomas Bullitt, Hancock Taylor, James, George, and Robert M'Afee, James McCoun, Jr. and Samuel Adams — all citizens of Virginia — descended the Ohio river in canoes, with the intention of appropri- 25 ating lands and making settlements. The party contin- ued in company until they reached the confluence of the Kentucky with the Ohio river. There they separated. Captain Bullitt pursued his voyage to the falls of Ohio, where he encamped above the mouth of Beargrass, and in the following August laid off the present flourishing city of Louisville. He surveyed also Bullitt's Lick in the county which was afterwards called after his name. Taylor and the McAfees proceeded up the Louisa or Kentucky river, about twenty one miles, to the junction of Drennon's creek, on the bank of which, after they had ascended it a short distance, they discovered a lick adjacent to a fine medicinal spring. There they met one of their comrades,* who had ventured to cross the country from some point on the Ohio, in anticipation of the arrival of the party : from which circumstance, 1 suppose, Drennon's Lick acquired the name by which it is now known as one of the most agreeable and salu- tary watering places of the west. In quick pursuit t of Bullitt and Ta3'lor, another sur- veyor, James Douglass, descended the Ohio river to the falls. He stopped at the mouth of one of its small trib- utaries, and went " over land a mile and a half" to the celebrated Big Bone Lick, in the county of Boone, where he paused for a time, to examine the rare and wonder- ful spectacle that the spot exhibited. The remains of the Mastodon, accounts of whose existence in North America were once regarded as fabulous, were found scat- tered in great number around a spacious mineral spring. •The name of the individual was Drennon — Butler 24. Marshall makes no men- tion of this circumstance, t The exact time is no where stated, by either Butler or Marshall. They both say, " during the same year"— and the latter adds, "in the rear of Capt. Bullitt." Marth. 1,37. Butler 22. 26 "Here," says the Historian,* "Douglass remained, forming his tent poles of the ribs of the enormous ani- mals that formerly frequented this remarkable spot, and on these ribs blankets were stretched for a shelter from the sun and rain. Many teeth were from eight to nine and some ten feet in length ; one in particular, was fast- ened in a perpendicular direction in the clay and mud, with the end six feet above the surface of the ground, and so deep that an effort was made by six men in vain to extract it. The lick extended to about ten acres of land, bare of timber, grass or herbage, and so much trodden; and eaten, as to be depressed below the original level. * * * * Through the midst of the lick ran the creek, and on each side of it a never failing stream of salt water, whose fountains were in the open field. To this lick, from all parts of the neighboring country were diverging roads made by the wild animals that resorted to it for the salt, of which both the earth and water were impregnated." Leaving Drennon's Lick, the party of the McAfees took one of the traces — for so they were called by the early settlers — opened by the buffaloes through the for- ests and canebrakes in their peregrinations from one watering place to another; and crossed the Kentucky river at a ford half a mile below Frankfort, near the spot now covered by one of the noblest public works of the age. They surveyed and appropriated on the 16th July, 1773, six hundred acres of land, including the val- ley in which Frankfort is situated. It was the first sur- vey ever made on the Kentucky river. These are minute details : but they indicate the pro- gress of events during an interesting period in the an- • Butler 22. 27 nals of Kentucky. It would be an agreeable employ- ment to follow the movements of these enterprising ad- venturers, with the same minuteness of detail along the whole line of their journey. Their achievements entitle them to be classed with the earliest and most distin- guished pioneers of the State, and to be remembered, on this occasion, by the sons and daughters of the pio- neers with peculiar pride. The names of the Taylors and McAfees are bright and honored names in our his- tory. But the limits assigned to an address like this require, that I should pass over much, that it is the pro- vince of the historian to record. The company prosecuted their journey from the mouth of Benson in the direction to Lexington — crossed the Kentucky river several miles above Frankfort — pro- ceeded westwardly until they discovered Salt river : and descending that river to the mouth of Hammond's creek, they surveyed from thence to the mouth of the stream on which Harrodsburgh stands. Taylor now left them to join Captain Bullitt at the falls, and the party of the McAfees shaped their course homeward to- ward the Cumberland Gap. The former, a surveyor by profession, v/as necessarily much exposed to attack^by the Indians, and fell, on the banks of the Kentucky river, a victim to their ferocity. The latter, having survived all the obstacles and perils of their way-faring, reached their homes in safety — removed with their families to Kentucky in 1779 — built McAfees' station in the pre- sent county of Mercer ; and maintained a character of the highest respectability for intelligence, patriotism and piety, which they transmitted to their children. Towards the close of the year, 1773,* John Floyd * Marsh. 1, 38. Butler O.*). It may be, however, not until the year following. Of the latter opinion is Mr. Nathaniel flart, Sen., of Woodford— who is in poiissiion of any of Col. Floyd's papers. 28 came to Kentucky, like Bullitt and Taylor, on a survey- ing excursion. A deputy ol Col. Williaiu Preston, prin- cipal surveyor of Fincastle county — of which the region in Virginia, west of the mountains, was then a part — he made many surveys on the Ohio, and belonged to the party that was recalled by Lord Dunmore,* in con- sequence of the dangers attending the performance of their official duties. Col. Floyd returned in 1775, and became a conspicuous actor in the stirring scenes of the drama. Alternately a surveyor, a legislator and a sold- ier, his distinguished qualities rendered him at once an ornament and a benefactor of the infant settlements. No individual among the pioneers was more intellectual or better informed; none displayed, on all occasions that called for it, a bolder and more undaunted courage. His person was singularly attractive. With a complexion unusually dark, his eyes and hair were deep black, and his tall spare figure was dignified by the accomplish- ments of a well bred Virginia gentleman.t Connecting himself with the fortunes of the Transylvania company, he became their principal surveyor, and was chosen a delegate from the town of St. Asaph to the assembly that met at Boonesborough, on the 24th May, 1775, to make laws for the infant colony. He accompanied Boone in the pursuit and rescue of his daughter and her companions, whom the savages had decoyed and cap- tured in July, 1776 — and his cotemporaneous account of that thrilling occurrence does equal credit to his soldier- ship and his pen.f In all the stations, civil and milita- ry, to which he was called, he acquitted himself with honor, and came at last to violent death by the hands the of savages in 1783. n * Marsh. 1, 38. t Mar . 1, 38. J See Appendix— Note C, 29 The current of emigration in the year 1774, was checked by the troubles in which Virginia was involved with the Indians by her then Governor, I^ord Dunmore. The preparations for the campaign which terminated with the bloody battle of Point Pleasant on the 10th Oc- tober, had absorbed the thoughts of the western adven- turers, and hundreds flew to the standard of Virginia. But still there were accessions to the ranks of the emi- grants, and among them there came, in the early part of that year, an individual, who possessing qualities of a high and generous nature, is conspicuous in history, as the builder of the " first log cabin," that was ever raised in the wilderness of Kentucky. The individual I speak of is — James Harrod. Bold, resolute, athletic, — in- ured to the life of a backwoodsman, — familiar with its dangers and capable of supporting its hardships — he was singularly adapted to the position that he was to occupy. His open, manly countenance — his robust, commanding person, inspired confidence both in his integrity and prowess, and his conciliatory address won for him the respect and afl[ection of his associates. Expert in the use of the rifle, he was a successful hunter, and a skillful and dangerous antagonist of the Indian. If he w^as an unlettered, he was not an ignorant man. The defects of his education were supplied by the masculine energy of his natural endowments, and at a period when the culti- vation of the intellect was not only impracticable but was deemed subordinate to the discipline of the body, his claim of rank, as a leader of the pioneers, was uni- versally allowed. His attention to the safety and wants of his companions was as unremitted, as his magnanimity was proverbial. If he received information that a party of hunters had been surprised by the savages, — "Let us go and beat the red rascals," was his instantaneous or- 30 der ; and the command and its execution were synony- mous with him. If a plough horse were missing — having strayed from the station, — and the owner, unaccustomed to the range, or unwilling to encounter the risk of ma- king search for him, was idle in consequence, Harrod would disappear, and it would not be long before the horse would be driven to the owner's premises. Of a restless and active temperament, the dull routine of life in a sta- tion, was unsuited to him. He loved, like Boone, the free and unrestrained occupation of a hunter. While others were standing still for want of employment, dis- daining repose he would range through the forest, hunt the wild game, or attach himself to expeditions into the Indian country or exploring parties on the frontier. Hav- ing built his cabin on the scite of the beautiful village of Harrodsburnrh in the spring or summer of 1774, we find him on the 10th October with Colonel Lewis at the Point, giving, by a decisive victory over the north-west- ern tribes of savages, a death blow to their supremacy. On the return of spring he is again at his chosen station in the wilderness, fortifying himself against their inroads, and as we shall presently see, representing his little set- tlement in the Trans} Ivania Assembly. Thence forward Harrodsburg became a prominent place of refuge and resort : and she has never ceased to insist upon the va- lidity of her claims to precedence, as the honored spot of the first settlement of Kentucky. Harrod survived the stormy scenes of his manhood. But age could not tranquilize the restless elements of his character. In after times when peace and quiet had ensued, and the range of the buflalo was filled up with a civilized and enterprizing population, and he had become the father of an interesting family, the veteran pioneer would turn away from the scenes of domestic and social 31 life, and plunge again into the solitudes of the wilderness, to indulge himself in the cherished enjoyments of his earlier years. From one of those excursions, into a dis- tant part of the country, he never returned. Such are some of the outlines of the character of James Harrod — one of the pioneers of Kentucky. It gives me pleasure to add that his venerable relict, the faithful partner of his difficult fortunes — still lives, to en- joy, in the midst of posterity, the affectionate regards of all who know her. Simon Kenton was another of those brave and enter- prising spirits who, in the year 1774, commenced his re- markable career among the early emigrants. It is not my purpose to bestow on it any other than a passing no- tice. It would be a vain attempt on my part to give new interest to a character, which has been drawn before me by an accomplished hand.* Commencing with his flight from the home of his childhood — caused by a mistaken impression of the issue of a boyish rencontre with his rival for a lady's affections, which induced him to re- nounce his paternal name of Butler and assume that by which alone he is known in history, — and closing with the peace of 1794, his career exhibits those wonderful alternations of good and bad fortune — of bold adven- ture — of desperate conflicts with the savages — of cap- ture — imprisonment — torture and escape — which no- where can be found so strongly exemplified as in the eventful annals of the settlers of Kentucky. Destitute of every polite accomplishment, either of mind or man- ners, and cast upon the arena of life under circumstan- ces extremely unpropitious to success, — few men were better taught in the knowledge of the world, or the wiles * Mr. McClung, in his Sketches of Western Adventure. 32 of Indian warfare ; and few of his associates maintained a more respectable rank in society. He lived to witness the wonderful transformation which the lapse of a few years produced in the manners and condition of the in- habitants of the west ; to see the wilderness converted into a cultivated garden and parcelled off into powerful and prosperous States — and to find a reward, for all his toils and sacrifices, in the consciousness of having con- tributed to the happiness of millions of his fellow-men. From the fall of 1773 to the commencement of 1775, the emigrants from North Carolina associated with Boone, remained in a great degree stationary. They had made an effort to penetrate into Kentucky, but were driven back by the Indians, and kept by them in check, in the settlements on Clinch river, during the whole of the year 1774. Boone was not, however, himself inac- tive. Having been made favorably known to Lord Dun- more, he was selected by him to repair to the rapids of the Ohio river, to conduct from thence the party of sur- veyors to whom allusion has been made, as having been recalled from their dangerous position on the frontier. The service was undertaken, and Boone, with Michael Stoner as his sole companion, traversed the pathless re- gion between the settlements and the falls, and piloted the party safely to Virginia. The remainder of the year was employed in the command of three frontier stations, to which he was assigned by Lord Dunmore, with the commission of captain. We are brought in the progress of events to the year 1775, — a year memorable as the epoch of the first set- tlement of Kentucky — memorable for the struggle by which that settlement was maintained — memorable for the great events that were transpiring in other parts of the Continent. The elements were now gathering of 33 that fearful convulsion which shook the American Colo- nies to their centre, and subsided with the acknowledg- ment of the independence of our country. Misled by the counsels of an infatuated Ministry, the Parliament of Great Britain had assumed pretensions to which no people on earth could submit and be free ; and born to freedom, the inhabitants of the colonies were not the men to surrender its blessings without a conflict. The battle of Lexington, on the 19ih of April, 1775, severed one of the ties that bound us to the parent countr}^, and in the succeeding month of May, the second Provincial Congress convened at Philadelphia. While these events were in progress on the eastern side of the mountains, and were absorbing the attention of the people there, Boone and a party of bold companions, were cutting their way through the wilderness to Boonesborough ; and while the Congress at Philadelphia, on the 24th of May, had resolved themselves into a committee of the whole, to consider the State of America, a miniature assembly of seventeen representatives of the hunters of Kentucky, were gravely considering, on the same day, and on the spot where we are now assembled, of the affairs of a " new born colony," of the existence of which the mem- bers of the Eastern assembly had probably never heard. The influence of the movements of these hardy emi- grants on the successful result of the great contest of our ancestors for independence, has never been fully appre- ciated. The bold and persevering attempts to settle Kentucky, by withdrawing the western tribes of sava- ges, from a participation in the efforts to subjugate the colonies to matters uf vital concernment to themselves, weakened, without doubt, the force of the blow aimed by Great Britain at American liberty, and thus contrib- uted to the success of the revolution. In the view thus 5 34 presented, Kentucky is not without just claims to the rank, of having been, substantially, a portion of the confederacy of 1776. In the autumn of the year, 1774, there originated ia North Carolina, one of the most extraordinary schemes of ambition and speculation, which was exhibited in an age pregnant with such events. Eight private gentle- men — Richard Henderson, William Johnston, Nathan- iel Hart, John Luttrel, David Hart, John Williams, James Hogg, and Leonard Henley Bullock, conceived the project of purchasing a large tract of country in the west from the Cherokee Indians, and provisionary ar- rangements were made, with a view to the accomplish- ment of their object, for a treaty to be held with them in the ensuing year. This was the celebrated Transyl- vania company, which formed so singular a connexion with our early annals. In March, 1775, Colonel Hen- derson, on behalf of his associates, met the chiefs of the Cherokees, who were attended by twelve hundred war- riors, at a fort on the Wataga, the south eastern branch of the Holston river. Boone, by the solicitation of the company, was present at the treaty. A council was held, the terms were discussed, the purchase was con- summated. A deed of conveyance was solemnly exe- cuted, which, after reciting that the chiefs and head men of the Cherokees were " the Aborigines and sole owners, by occupanc}'^ from the beginning of time, of the lands on the waters of the Ohio river, from the mouth of the Tennessee river, up the said Ohio to the mouth or emp- tying of the great Canaway or New river, and so across by a southward line to the Virginia line, by a direction that shall strike the Holston river, six English miles above the long island therein," proceeds to convey to the grantees by name, for the consideration of ten thousand 35 pounds, the territory lying on the Ohio, " beginning at the mouth of Kentucky, Chenoca,* or what by the Eng- lish is called Louisa river — from thence running up the said river and the most northwardly branch of the same to the head spring thereof — thence a south east course to the top ridge of Powell's Mountain — thence westwardly along the ridge of said mountain unto a point from which a north west course will strike the head spring of the most southwardly branch of Cumberland river — thence down the said river, including all its waters, to the Ohio river — thence up the said river, as it meanders, to the beginning" — including the whole tract of country be- tween the Cumberland and Kentucky rivers. That this company contemplated the establishment of a separate and independent government, on terms of re- lationship to the government of Great Britain, not mate- rially dissimilar from the other colonies, is manifest from the whole tenor of their proceedings. Disregarding the principle, which, whether well or ill founded, Virginia had previously asserted by law, and which became the rule of action of the government of the United States, that the right to extinguish the Indian title to the soil, appertained to the sovereign alone, the Transylvania company claimed to derive their title by a valid purchase " from the Aborigines and immemorial possessors — the sole and uncontested owners of the country — in fair and open treaty, and without the violation of any British or American law." t This claim they set forth shortly after the establishment of the colony, accompanied with • I quote from the deed in Butler, Appendix 503, 2d Ed. Mr. Hal] (Skatchee 1, S5l) interpreti tbe word '* Chenoee." t Hall*! Skatchee, Appendix 2, 933. 36 a declaration " to give it up only with their lives, " in a memorial addressed to the continental congress of 1775, " requesting that Transylvania might be added to the number of united colonies." " Havino^ their hearts warmed with the same noble spirit that animates the colonies" — such is their language in the memorial — " and moved with indignation at the late ministerial and parliamentary usurpations, it is the earnest wish of the proprietors of Transylvania to be considered by the col- onies as brethren, engaged in the same great cause of /iberty and mankind. And, as by reason of several cir- cumstances, needless to be here mentioned, it was im- possible for the PROPRIETORS to call a convention of the settlers in such time as to have their concurrence laid before this congress, they here pledge themselves for them, that they will concur in the measures now adopt- ed by the proprietors. " Preparatory to the organization of a government for the new State, Boone was despatched to open a road from the settlements to Kentucky. " Having collected a number of enterprizing men," says the pioneer, "I soon began the work. We proceeded, till on the 20th March, we came within fifteen miles of where Boonesborough now stands — where the Indians attacked us and killed two and wounded two more." Three days afterward, they were again attacked and lost two other companions. Still they persevered, and without further molestation reached the Kentucky river. On the first of April, 1775, they began to erect the fort. Of its plan and dimensions Boone gives no account. He speaks of it only as having been built "at a salt lick, sixty yards from the river." A diagram of it is extant, drawn by Colonel Henderson, which would place it ad- jacent to the river, with one of the angles resting on its 37 bank near the water, and extending from it in the form of a parallellogram. The dimensions of the enclosure are not specified; but "if we allow," says Mr. Hall, " an average of twenty feet for each cabin and opening, the lenecaine settlers." "I" The following are their names : Samuel McDowell, George Muter, Benjamin Lo- 4an, Willis Green, Harry Innis, Christopher Greenup, James Speed, Robert Todd, James Baird, Levi Todd, James Trotter, Ebenezer Brooks, Richard Steele, Isaac Morrison, James Garrard, John Edwards, Caleb Wallace, Richard Terrell, George Wilson, Robert Clark, Robert Johnson, Edward Payne, Isaac Cox, Richard Taylor, Jamai Rogers, Mathew Walton, and Messs. Morton and Kincheloe. The cbriitian jianiea of the latter gentlemen, my informanat did not recollect. 119 Fourth — That the election of delegates for the pro- posed convention, ought to be on the principle of equal representation. The fifth resolution referred the petition to the assem- bly, in conformity with the first resolution, together with all matters connected with the subject of their delibera- tions, to the next convention. They published an address "to the inhabitants of the district of Kentucky" — in which they vindicated the propriety of the proposed severance of the Common- wealth, and assigned, with great force, the causes which rendered such a measure indispensable to the welfare of the people. They stated, that in the course of their enquiries, they found that several laws had passed the legislature of Virginia, which, although of a general nature, were in their operation particularly oppressive on the people of the district — and they alleged, that from their local situation, they were deprived of many benefits of government, which every citizen had a right to expect — in proof of which, they appealed to facts. They had no power, they said, to call out the militia — their sure and only defence — to oppose the wicked machinations of the savages, unless in cases of actual invasion. They could have no executive power in the district, either to enforce the execution of the laws, or to grant pardons to objects of mercy — because such a power would be inconsistent with the policy of government, and contrary to the present constitution. They were ignorant of the laws that were passed, until a long time after they were enacted, and in many instances until they had expired — in consequence of which, penalties might be inflicted for ofliences never de- signed, and delinquents escaped the punishment due to their crimes. 120 They were compelled to prosecute suits in the high court of appeals at Richmond, under every disadvantage for the want of evidence, want of money, and want of friends. It was impossible, they declared, for the inhabitants of the district, at so remote a distance from the seat of government, ever to derive equal benefits with the citizens in the eastern parts of the State. They suggested that it was generally admitted, that the district ought, at some period, not far distant, to be separated from Virginia, and the only question was, whether they were then of sufficient ability, either to fill the different offices of government or provide for its support? In answer to the first branch of this enquiry, they insisted, that sound principles and plain sense would suffice for every laudable purpose of government; and they had generally found, that the liberty of the citizen and the laws of the land, were in the highest reverence at the foundation and rise of States, before the public morals are corrupted by wealth and licentiousness. In reference to their ability to support their government, they had then, they said, several valuable funds, and if they suffered them to be exhausted by delay, they would be stripped of every resource but that of internal taxation. They did not hesitate, therefore, to pro- nounce it as their opinion, that the present, was pre- ferable to any future period, for the separation to take place. These were some of the reasons that justified the measure they had unanimously proposed, and it will not be denied that they were sufficiently cogent and sat- isfactory. The third convention met on the eighth of 121 the following August.* The papers which had been re- ferred to them by a resolution of the preceding conven- tion, were now considered and discussed — and a report was made thereon by a committee appointed for that purpose. The report contained a declaration of griev- ances similar to those already mentioned, which was unanimously adopted. In lieu of the petition prepared by their predecessors, a fervid appeal was made to the patriotism and magnanimity of the parent Common- wealth, in the form, and with the title, of an address to the General Assembly. It was the production of an in- dividual of great distinction and influence, and a mem- ber of the convention from Fayette — General James Wilkinson. It commenced with the acknowledgement of the importance of the measure which had been pro- posed by the convention, and of the filial affection with which they approached the assembly. "The settlers of this distant region" — such was its language — "taught by the arranprements of Providence, and encouraged by the conditions of that solemn compact, for which they had paid the price of their blood, to look forward to a separation from the eastern parts of the Commonwealth, have viewed the subject leisurely at a distance, and ex- amined it with caution on its near approach. Irrecon- cileable as has been their situation, to a connexion with any community beyond the Appalachian mountains other than the Federal union ; manifold as have been the grievances flowing therefrom, which have grown with their growth and increased with their population, they • The names of the members are as follow: Samuel McDowell, George Muter, Christopher Irvine, William Kennedy, Benjamin Logan, Caleb Wallace, Harry In- nis, John Edwards, James Speed, James Wilkinson, James Garrard, Levi Todd, Isaac Morrison, John Coburn, James Trotter, John Craig, Robert Patterson, Richard Terrell, George Wilson, Benjamin Sebastian, Philip Barbour, Isaac Cox, Andrew Hynes, Maihew Walton, and James Rogeis. 16 122 have patiently waited the hour of redress, nor even ventured to raise their voices in their own cause, until youth, quickening into manhood, hath given them vigor and stability." "It is not," it continued, "the ill directed or inconsid- erate zeal of a few — it is not that impatience of power, to which ambitious minds are prone — nor yet the baser consideration of personal interest, which influence the people of Kentucky." — "They are incapable of cherish- ing a wish unfounded in justice, and are now impelled by expanding and irremediable grievances, universally seen, felt and acknowledged, to obey the irresistible dic- tates of self preservation, and seek for happiness by means honorable to themselves, honorable to you, and injurious to neither." The convention, therefore, with the consent and by the authority of their constituents, prayed that an act might pass, at the ensuing assembly, declaring and ac- knowledging the sovereignty and independence of Ken- tucky. George Muter and Harry Innis, the one Chief Justice, the other Attorney General of the district, were deputed to present the address to the General Assem- bly, and to use their personal exertions to facilitate the passage of a law in conformity therewith. There was another subject that awakened the anxie- ties of the convention, and drew from them an address to their constituents. They had received accounts from Post St. Vincennes, that indicated a disposition in the savages for general war — and looking nearer home, they found their borders infested, and constant depredations committed on their property. "J5/oo6?," they declared, ^^had been spilled from the eastern to the western extremity of the district.'^^ They called, therefore, in the name and behalf of the people, on the county lieutenants forth- 123 with to carry into operation the law for regulating and disciplining the militia; and recommended to the officers to assemble in their respective counties, and concert plans for the defence of the country, or for carrying ex- peditions against the hostile nations of Indians. The deputies of the convention proceeded to Rich- mond, in discharge of the duties assigned them. "The spectacle" was now exhibited "of a sovereign power, solely intent to bless its people, agreeing to a dismem- berment of its parts, in order to secure the happiness of the whole."* On the tenth of January, 1786, the General Assembly passed "an act concerning the erec- tion of the district of Kentucky into an independent State." After declaring that the partition of the Com- monwealth was "rendered expedient by the remoteness of the more fertile, which must be the more populous, part of the district — and by the interjacent natural im- pediments to a convenient and regular communication therewith" — it provided that a convention, to be held at Danville on the fourth Monday of September, should be elected by the free male inhabitants of the district — each of the seven counties to be entitled to five repre- sentatives. As soon as two thirds of them should as- semble, they were authorized to consider, and by a ma- jority of voices to determine, whether it was expedient for, and the will of, the good people of the district, that the same should be erected into an independent State, upon the terms and conditions which the act set forth : and if, on those terms and conditions, the convention approved of the separation, they should proceed to fix a day, subsequent to the first day of September, 1787, on which the authority of Virginia and of her laws, over the *The language of the address or the convention to the Geueral Assembly. 124 proposed State, should cease and determine forever — provided, that prior to the first day of June, 1787, the Congress of the United States assented to the partition, V released Virginia from her federal obligations arising from the district as a part of her territory, and admit- ted the proposed State into the Federal union. The election of delegates to the new convention was held in August, 1786 — but the people of the district had again been summoned to the field, to suppress the hostilities of the savages, and when the day arrived for the meeting of the convention, a quorum of its mem- bers failed to attend. To those who were in attend- ance, this was a perplexing circumstance. Assuming, however, the name of a committee of their body, they prepared and signed a memorial, setting forth the disap- pointment and the exigencies that had produced it, and praying the General Assembly for such an alteration of the terms of the act of separation, as the occasion seem- ed to require. The memorial was committed into the hands of John Marshall, Esq., then a young attorney of Richmond, since the Chief Justice of the Supreme Court of the United States, and whose glory it is, to have es- tablished upon foundations, as durable as the pillars of the government, the constitutional jurisprudence of his country. The memorial was presented by him to the General Assemby, and strengthened by his friendly co- operation, was favorably received. In October, 1786, another act was passed, "making further provision for the erection of the district of Kentucky, into an inde- pendent State." The preamble recited, that it appeared that the representatives elected in pursuance of the first act, had been hindered by unforeseen events from meet- ing at the time proposed, and determining the question referred to them — that no such determination could 125 then tdke place within the time necessary for its receiv- ing the assent of Congress prior to the first of June next — that it continued to be the purpose of the Gen- eral Assembly that the district of Kentucky should be- come an independent State, and it was therefore enacted that the convention should meet in September, 1787, to determine, by a concurrence of two iJdrds of the whole number elected, upon the expediency of the separation. The first of January, 1789, was substituted as the day when the authority of Virginia was to cease over the district, and the assent of Congress was to be procured befere the fourth of July, 1788. On the seventh of September, 1787, the fifth convention met at Danville, and unanimously determined the question submitted to them, favorably to the separation.* They then adopted an address "to the honorable the Congress of the United States of America," in which they set forth, with great earnestness, their claims to independence. The numer- ous causes which had conspired to postpone them, had excited the public mind, and a fresh and absorbing topic — the free navigation of the Mississippi river — had, in the mean time, entered into their deliberations. It is difficult, at this day, to appreciate the feelings of jealousy and distrust, with which the people of the whole western country then regarded the possible contingency, of being deprived of the benefits of that great channel of their commerce. The inhabitants of Kentucky desired a separation from Virginia, but the convention assured Congress, that whatever might be their anxiety to eflfect it, in the constitutional mode prescribed by the law un- der which they acted, they would not consider them- selves in any manner answerable for the future conduct •See Appendix — Note S. 126 of their constituents, if they were unsuccessful in iheit application. Confiding, therefore, implicitly in the jus- tice and liberality of that body, they claimed, in conformity with the act of the General Assembly of Virginia, to be permitted to enjoy equal privileges with the other of the United States of America, and to be styled the Commonwealth of Kentucky. The deep solicitude they felt to become independent, was also displayed in their eagerness to hasten the consum- mation of that event, and in the measures they employed to ensure it. They resolved that a convention should be elected in the ensuing April, to continue in appointment until the thirty first of December, 1788, "with full power and authority to frame and establish a fundamental constitution of government for the proposed State, and to declare what laws should be in force therein, until the same should be abrogated or altered by the legislative authority acting under the constitution, so to be framed and established ; " and they requested their representa- tives in the legislature, to use their endeavors to have an inhabitant of the district appointed a delegate to Congress for the ensuing year. Accordingly, John Brown, Esq., was elected. He was the only member of that body from Kentucky, before the adoption of the Federal Constitution. He came to the district in 1782, and soon became distinguished for his talent and public spirit. After the new government was organized under that constitution, he was chosen one of the first Senators in Congress from Kentucky — -and no higher proof need be adduced of the public approbation of his services than the fact, that he was continued in that high office, by successive re-elections, until the year 1805, when he retired from public life.* ♦See Appendix— Note T. 127 If the feelings of the inhabitants of the district were alive to the subject of separation, the minds of the peo- ple of the United States were in great agitation, respect- ing the important change which was about to take place in the aspect of their national affairs. On the seven- teenth of September, 1787, after very protracted delibe- rations, the convention of the States adopted the present Federal constitution, and by a contemporaneous resolu- tion, directed it to be laid before Congress, declaring their opinion "that it should be submitted to a conven- tion of delegates chosen in each State by the people thereof^ under a recommendation of its legislature for their assent and ratification." Congress received the report of the convention on the twenty eighth of Sep- tember, 1787, and resolved that it be transmitted to the legislatures of the States, in conformity to the resolves of the convention. It devolved upon Kentucky to take her part in these movements. Delegates were chosen * in the several counties of the district to the convention of Virginia, that met at Richmond in June, 1788, to sit in judgment on the great questions at issue between the parties that were formed in reference to them, and on * 1 am indebted to Mr. Butler — Hist. Ky., 166— for the interesting information tliat follows: "Through the courtesy of Messrs. Brown and Marshall, the author is enabled to present the reader with the names of the Kentucky members of the Virginia Conven- tion, which ratified the present Constitution of the United States. From Fayette^ Humphrey Marshall and John Fowler; Jefferson county, Robert Breckenridge and Rice Bullock; Lincoln county, John Logan and Henry Pawling; JS''elson county^ John Steele and Matthew Walton; Mercer county, Thomas Allen and Alexander Robertson; Madison county, G. Clay and William Irvine; Bourbon county, Henry Lee and John Edwards. The Constitution of the United States was published in the Kentucky Gazette, Oct- 27th 1787. The only members of the Virginia legislature from Keptucky, whose names the author has been able to obtain, are John Brown, Benjamin and John Logan, Squire Boone, Swearingen, Thomas, John and Robert Todd, James Harrod, William McClung, J' hn Steele, James Garrard, John Ed- ^vards, John Jewitt, William Pope and Richard Taylor." 128 the twentieth of the same month, Virginia gave her sanction to the proposed form of government. Ten States had now adopted the constitution, and no doubt remained that the new government would go into opera- tion. On the twenty eighth of July, 1788, the sixth con- vention assembled at Danville, to form a constitution of government for the new State of Kentucky. Another sad disappointment awaited them. Scarcely were they organized, before they received intelligence that Con- gress had declined, for the present, to entertain their petition, and had referred the question of admitting Ken- tucky into the confederacy to the new government. The vexation of ihe convention and of the people was openly and vehemently expressed. Many gave vent to their feelings in terms strongly savoring of disaffection to the government. The offspring of excitement and chagrin, a proposition was even made to submit the affairs of the district to the people themselves, in their primary capa- city, and to ascertain their opinions through the medium of each company of militia. But the more judicious ma- jority discarded it as disorganizing. The convention, after a long and animated discussion, came to a widely different determination. They recommended to the peo- ple to elect another assembly to meet in the November following, and to continue in office until the first of Jan- uary, 1790 — "delegating to them full powers, to take such measures for obtaining the admission of the district as a separate and independent member of the United States of America, and the navigation of the Missis- sippi, as may appear most conducive to those purposes — to form a constitution of government, and organize the same when they shall judge necessary, and to do and ac-* complish whatsoever, on a consideration of the State of 129 the district, may, in their opinion, promote its inter- ests." It is obvious, that these measures were indic- ative of an unsettled and anxious state of the pubUc mind — but they conduced to no violent consequences. The third day of November, 1788, was set apart, by a resolution of their predecessors, for the meeting of the convention. On the fourth, a majority of the members appeared and took their seats, and the house proceeded to business. The resolution of Congress postponing the admission of Kentucky into the Union, until after the fourth of March, 1789, was read and referred. An ad- dress to Congress was reported from a committee ap- pointed to prepare it, of which General Wilkinson was the Chairman, and Mr. Innis presented another to the General Assembly of Virginia. In the former, the con- vention recounted the difficulties and dangers of the set- tlement of Kentucky — and asserted, in an especial man- ner, the claim of the western people, to the free naviga- tion of the Mississippi river. It was a right naturally and essentially annexed to the possession of the western country, and they called upon Congress to stretch forth their hands to save them. "We are a member," they said, "that would exert every muscle for your service. Do not cut us off from your bod3^ By every tie of con- sanguinity and affection, by the remembrance of the blood we have mingled in the common cause, by a re- gard to justice and policy, we conjure you to procure our right." In the latter, they threw themselves on the justice and liberality of the General Assembly, which they had so often experienced, solicited "the friendly interpo- sition of the parent State with the Congress of the United States, for a speedy admission of the district into the federal union," and prayed "them to urge that 17 130 honorable body in the most express terms, to take ef- fectual measures for procuring to the inhabitants the free navigation of the Mississippi, without which, the situation of a large part of the community would be wretched and miserable." On the tenth of November the convention adjourned. In January, 1789, Virginia passed a third act for the separation of the district, con- taining some new conditions which created universal dissatisfaction. On the twentieth of July of that year, the convention met, and after declaring, in the most explicit manner, that the alteration of the terms of the compact was injurious and inadmissible, they resolved to present a memorial to the General Assembly, urging such a change in the terms last proposed, as would make them equal to those formerly offered by Virginia and accepted by the district of Kentucky. The Gen- eral Assembly of Virginia readily consented to relax the conditions and passed a law for that purpose. But the new act referred the whole subject of separation to another convention to be chosen in 1790. It can be no wonder, after such a constant succession of disappoint- ments, that the people should have become impatient and irascible. It had required almost as much time to consummate their anxiously desired separation from Virginia, as to conquer the wilderness. The period however approached when that event was to be consum- mated. On the twenty sixth of July, 1790, according to the direction of the act of the General Assembly last referred to, another convention commenced its session at Panville. George Muter was elected President— and the convention declared, by a resolution, that "it was expedient for, and the will of, the good people of the dis- trict of Kentucky, that the same be erected into an inde- pendent State, on the terms and conditions specified in 131 an act of the Virginia Assembly, passed on the eigh- teenth of December, 1789 :" and after the acceptance of those terms and conditions in a formal manner, they resolved "that on the first day of June, 1792, the said district shall become a State separate from, and inde- pendent of, the government of Virginia, and the articles of separation a solemn compact binding on the people of Kentucky." Alexander Scott Bullitt, Esq., reported from a committee selected lor the purpose, an address to the General Assembly of Virginia, announcing the ac- ceptance of the conditions of the law, and soliciting the co-operation of her representatives in Congress in the effort to obtain the admission of Kentucky into the Union. A memorial addressed to the President of the United States was also reported, by James M. Mar- shallj Esq., acknowledging the attachment ofthecon- Tention to the federal jrovernment — declarinfj the causes and motives which had led to the proposed separation from the parent Commonwealth — asserting the compe- tency of Kentucky for self government — and soliciting the passage of an act of Congress for her admission into the confederacy, within the time limited by the act of Virginia, and in conformity with the Constitution of the United States. The address and memorial having been adopted by the convention, they proceeded finally to de- clare, that in the month of December, 1791, on the re- spective court days of the counties of the district, and at the respective places of holding courts therein, repre- sentatives, to continue in office for seven months, should be elected by the free male inhabitants of each county above the age of twenty one years — each county to be entitled to five representatives, making the whole number forty five — that they should compose a conven- tion, to be held in Danville on the first monday of April, 132 1792 J to frame and establish a constitution or form of government, and also to determine what laws should re- main in force until altered or abrogated by the legisla- tive authority, acting under the constitution so to be framed or established. In his speech to both houses of Congress, on the eighth of December, 1790, President Washington said — "since your last sessions, I have received communica- tions by which it appears, that the district of Kentucky, at present a part of Virginia, has concurred in certain propositions contained in a law of that State, in conse- quence of which, the district is to become a distinct member of the Union, in case the requisite sanction of Congress is added. For this sanction application is now made. I shall cause the papers on this very important transaction to be laid before you. The lib- erality and harmony with which it has been conducted, will be found to do great honor to both the parties ; and the sentiments of warm attachment to the union and its present government, expressed by our fellow citizens of Kentucky, cannot fail to add an affectionate concern for their particular welfare to the great national impres- sions under which you will decide on the case submitted to you." The House of Representatives replied: "We shall bestow on this important subject the favorable consideration which it merits; and with the national policy which ought to govern our decision, shall not fail to mingle the affectionate sentiments which are awa- kened, by those expressed in behalf of our fellow citizens of Kentucky. And the Senate "assured him of their disposition to concur, in giving the requisite sanction to the admission of Kentucky, as a distinct member of the Union," "anticipating the happy effects to be expected from the sentiments of attachment toward the Union 133 and its present government, which have been expressed by the patriotic inhabitants of that district." On the fourth day of February, 179J, Congress enact- ed and declared, "that on the first day of June, 1792, a new State, by tlie name and style of the State of Ken- tucky, shall be received and admitted into this Union, as a new and entire member of the United States of America." Nothing now remained but the action of Kentucky herself, in order to bring to a close her long and arduous struggles to obtain independence. On the first Monday of April, 1792, the convention assembled at Danville to frame the constitution, and elected Col. Samuel Mc- Dowell, to preside over their deliberations, and Thomas Todd their Clerk. It was a grave and dignified assembly, composed of some of the best materials of the district — abounding as it did in talent, integrity and patriotism. George Nicholas was its brightest luminary. If he was not a transcendant orator according to the Demosthe- nian process of resolving elequence into action alone, his powers of argumentation were of the highest order, and his knowledge of the laws and institutions of his country, placed him in the first rank of the distinguish- ed men, by whose wisdom and patriotism they were es- tablished. He had acquired eminence in his profession before he left Virginia. A member of the convention that ratified the Constitution of the United States, he was the associate of Madison, of Randolph and of Henry, and he came to Kentucky in the fullness of his fame, and in the maturity of his intellectual strength. One of his colleagues, from the county of Mercer, was the Rev. David Rice, a minister of the Presbyterian church. Having received his education under the care of the Rev. Samuel Daveis,^ a most learned and eloquent pulpit 134 orator of his day, he emigrated to Kentucky in 1783, in order to devote himself to the ministry. He sought a place in the convention, in the hope of being able to infuse into its deliberations a zeal for the gradual extir- pation of slavery in Kentucky, for which purpose he wrote and published a tract, entitled, "Slavery inconsistent with justice and good policy," containing his views at large upon that interesting subject. His learning, his piety, his grave and venerable deportment, and his high rank in the church to which he belonged, gave to his opinions deserved influence, and he supported them in debate with considerable ability. There were several other men of great worth and distinction, whom it is necessary barely to mention. These were Isaac Shelby, Col. Benjamin Logan, James Garrard, afterwards Gov- ernor of the Commonwealth, John Edwards, one of her first Senators in Congress, Alexander S. Bullitt and Robert Breckinridge, the one the first Lieutenant Gov- ernor, and the other, the first Speaker of the House of Representatives, Caleb Wallace, who became a Judge of the Supreme Court, Samuel McDowell the President of the convention, and others of less distinction who had been selected for their sound, practical views of public policy.^ * MEMBERS OF THE CONVENTION OF 1792. Favelle county — Hubbard Taylor, Thomas Lewis, George S, Smith, Robert Fryer, James Crawford. Jefferson county — Richard Taylor, John Campbell, Alexander S. Bullitt, Benja- min Sebastian, Robert Brecken ridge. Bourbon county — John Edwards, James Garrard, James Smith, John McKinney, Benjamin Harrison. J{elson county — William King, Mathew Walton, Cuthbert Harrison, Joseph Hobbs, Andrew Hyiies. Madison county — Charles Cavender, Higgerson Grubbs, Thomas Clay, Thomas Kennedy, Joseph Kennedy. Mercer county — Samuel Taylor, Jacob Froman, George Nicholas, David Rice^ Samuel McDowell. 135 The journal of the proceedings of the convention has probably perished. I have been unable, after diligent enquiry, to ascertain its fate. On the nineteeeth of April they closed their labors, and on the first of June follow- ing, the district of Kentucky was an independent State. The constitution of 1792, having been superseded by that of 1799, is now no farther a subject of interest than as it may cast light upon the policy of the men who framed it, and I shall do no more than glance at some of its prominent provisions. Following the precedent furnished by the Constitution of the United States, the powers of government were divided into three distinct departments. The legislative power was vested in a General Assembly to consist of a Senate and House of Representatives. The representatives were elected an- nually by the qualified electors of each county. The Senate was differently chosen. The electors qualified to vote for representatives, were to choose at the desig- nated places of election, as many persons as they were entitled to have for representatives for their respective counties, and those persons were to constitute the elec- tors of the Senate. They were required to assemble at the place appointed for convening the General Assembly, and "proceed to choose, by ballot, as Senators, men of the most wisdom^ experience ajid virtue^ above the age of twenty seven years of age, and residents in the State two whole years next preceding the election." "iVd minister of religious societies^ member of Congress, or other person, holding any office of profit under the Uni- Lincoln county — Benjamin Logan, John Bailey, Isaac Shelby, Benedict Sivope, William Montgomery. Woodford county — John Walkins, Richard Young, William Steele, Caleb Wal- lace, Robert Johnson. Mason county— George LewiSjMiles W.Conway, Thomas Waring, Robert Rankib, John Wilson. 136 ted States or this Commonwealth, except attornies at law, justices of the peace, mihtia officers and coroners, could be a member of either house during his continu- ance to act as minister, in Congress or in office." The supreme executive power was vested in a Gov- ernor — to be chosen for four years hy the electors of the Senate^ at the same time and place, and in the same manner that the Senators were elected. All free male citizens of the age of twenty one years, having resided in the State two years, or in the county in which they offered to vote one year next before the election, were permitted "to enjoy the rights of an elec- tor" — and all elections were required to be hy ballot. The judicial power, both as to matters of law and equity, was vested in one supreme court, and in such inferior courts as the legislature might, from time to time, ordain and establish. To the supreme court was given original and final jurisdiction, in all cases respect- ing the titles to land under the then land laws of Vir- ginia, and in all cases concerning contracts for land prior to the establishing of those titles. In all other cases it was allowed appellate jurisdiction only — with such ex- ceptions and under such regulations as the legislature should make, for the due administration of justice. Sheriffs and coroners were to be chosen by the citi- zens of each county qualified to vote for representatives, and to hold their offices for three years. All laws in force in Virginia, of a general nature, and not local to the eastern part of that State, were declared to be in force in Kentucky, until they were altered or repealed by the legislature : and the compact with Vir- ginia was adopted as a component part of the constitu- tion. I omit the provisions defining and regulating the pow- 137 ers of the departments, as well as the declaration of rights. There is little to distinguish them from the usual forms of the American constitutions. But it is due to the statesmen of 1792, that their views upon the great question, which at the period of the establishment of the federal government, received a large share of the public attention, and agitated the councils of the nation- al convention in 1787, should not be overlooked in a historical review of their proceedings. Slavery, it is well known, was a part of the political institutions of Kentucky, when she became a county, and then a dis- trict of Virginia. There were those in the convention, who were its avowed and earnest opponents, and favored a well regulated system of gradual emancipation. But while the institution of slavery was retained, probably as a deformity which it was better to bear than attempt to eradicate, several provisions were incorporated into the constitution having a direct reference to the prohibi- tion of the traffick in human flesh. After the conven- tion had determined that the toleration of slavery should be admitted by the constitution, it was properly incum- bent on them to protect the tenure by which property in slaves was held, with the necessary guards against legislative encroachment. The General Assembly, therefore, were deprived of the "power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money." They were deprived also of the power to "prevent emigrants to this State, from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State." But the constitution required im- 18 138 peratively, that laws should be passed to permit owners of slaves to emancipate them — and it then declared that the legislature "shall have full power to prevent slaves beinff brought into this State as merchandize" — ••'to prevent any slave being brought into this State from a foreign country, and to prevent those from being brought into this State who have been, since the first day of January^ 1789j or may hereafter be, imported iiito any of the United States from a foreign countrj/.^^ I should fail to do jus- tice to the authors of these provisions, if I neglected to add, that "full power" was likewise granted to the Gen- eral Assembly "to pass such laws as may be necessary, to oblige the owners of slaves to treat them with human- ity, to provide for them necessary clothing and provi- sions, to abstain from all injuries to them extending to life or limb, and in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or ow- ners." On the fourth day of June, 1792, the first General Assembly met at Lexington. Isaac Shelby, the Gov- ernor elect, presented himself before them in person, and delivered his inaugural address. James Brown, the late distinguished representative of the United States at the court of France, was appointed Secretary of State, George Nicholas Attorney General, and George Muter, Benjamin Sebastian and Caleb Wallace, judges of the court of Appeals. The government was now organized, and Kentucky assumed her position in the confederacy of American States. Seventy years have elapsed since Finley and his adventurous companions first penetrated the dark and bloody ground. If, from the eminence on which w« 139 stand, we take a retrospect of the wonderful career of the pioneers, we cannot fail to be suitably impressed with the constancy and heroism with which, for nearly a quarter of a century, they met and withstood the in- numerable perils and difficulties of their situation : and if we compare with theirs the present condition of their descendants, we are at a loss how to fix an adequate value upon their labors to the cause of human happiness. Within the narrow limits of the hfe of man, a wil- derness has been transformed into cultivated fields, and a great Commonwealth has sprung up, containing a population of more than seven hundred thousand souls — rich in the productions of industry and art — abounding in the comforts of civilized life — adorned by ^the refine- ments of society, and flourishing under the auspices of wise and benignant political institutions. The hordes of savages that inhabited the extensive region stretching from the western boundary of Pennsylvania to the Missis- sippi river, have disappeared, and have been succeeded by other political communities, the luxuriance of whose growth is still more extraordinary. Less than forty years ago, Ohio, Indiana and Illinois, with their mil- lions of inhabitants and their twenty nine representa- tives in the national councils, were territorial depend- ents on the federal government. If we are permitted to derive conclusions from the events of our past his- tory, we may form some conceptions, inadequate though they may be, of what, with the blessing of God upon us, the future is to accomplish, in giving extension to the numbers, addition to the strength, wisdom and power to the intellect, glory to the career, of this vast em- pire of freemen in the west. The men to whom, above all others, we are indebted for these inappreciable benefits, are the pioneers of Kentucky. They have passed away, 140 but their services will not be forgotten. If, in the per- formance of the part which has been allotted to me on this interesting occasion, I have succeeded in illustrat- ing their claims upon the gratitude of their country, I shall be abundantly rewarded for the labor of the effort I have made. The reward will be inconceivably heightened, if, before the close of this anniversary, the descendants of the pioneers should solemnly resolve to construct, upon the spot where Kentucky began to be, A MONUMENT TO THEIU MEMORY. \ APPENDIX. Note A. — page 14. I. The following incident has been communicated to me by Or- lando Brown, Esq., to whom it was related by his deceased uncle. Dr. Samuel Brown : "An old lady who had been in the forts, was describing to Dr. Brown the scenes she had witnessed in those times of peril and adventure: and, among other things, remarked, that during the first two years of her residence in Kentucky, the most comely sight she beheld, was seeing a young man dying in his bed a na- tural death. She had been familiar with blood and carnage and death, but in all those cases the sufferers were the victims of the Indian tomahawk and scalping knife; and that, on an occasion when a young man was taken sick and died, after the usual man- ner of nature, she and the rest of the women sat up all night, gazing upon him as an object of beauty." II. My friend, Capt. Samuel Daviess, of Harrodsburgh, has fur- nished me with the interesting details that follow: There is an incident in the early settlement of Kentucky which has not been heretofore noticed. In the fall of the year 1779,- Samuel Daviess, who resided in Bedford county, Virginia, moved with his family to Kentucky, and lived for a time, at Whitley's station in Lincoln. After residing for some time in the station, he removed with his family to a place called Gilmer's Lick, some six or seven miles distant from said station, where he built a cabin, cleared some land, which he put in corn next season, not apprehending any danger from the Indians, although he was con- 144 sidered a frontier settler. But this imaginary state of security- did not last long; for on a morning in the month of August, in the year 1782, having stepped a few paces from his door, he was suddenly surprised by an Indian's appearing between him and the door, with tomahawk uplifted, almost within striking dis- tance. In this unexpected condition, and being entirely unarmed, his first thought was, that by running around the house, he could enter the door in safety, but to his surprise, in attempting to effect this object, as he approached the door he found the house full of Indians. Being closely pursued by the Indian first men- tioned, he made his way into the corn field, where he concealed himself, with much difficulty, until the pursuing Indian had re- turned to the house. Unable as he was to render any relief to his family (there being five Indians) he ran with the utmost speed to the station of his brother James Daviess — a distance of five miles. As he ap- proached the station — his undressed condition told the tale of his distresses, before he was able to tell it himself. Almost breathless, and with a faltering voice, he could only say, his wife and children were in the hands of the Indians. Scarcely was the communication made when he obtained a spare gun, and the five men in the station, well armed, followed him to his residence. When they arrived at the house, the Indians, as well as the fam- ily, were found to be gone, and no evidence appeared that any of the family had been killed. A search was made to find the direc- tion the Indians had taken; but owing to the dryness of the ground, and the adroit manner in which they had departed, no discovery could be made. In this state of perplexity, the party being all good woodsmen, took that direction in pursuit of the Indians, which they thought it most probable, they would take. After going a few miles, their attention was arrested by the howl- ing of a dog, which afterwards turned out to be a house-dog that had followed the family, and which the Indians had undertaken to kill, so as to avoid detection, which might happen from his occasionally barking. In attempting to kill the dog, he was only wounded, which produced the howling that was heard. The noise thus heard, satisfied them that they were near the Indians, and enabled them to rush forward with the utmost impetuosity. Two of the Indians being in the rear as spies, discovering the ap- proach of the party, ran forward where the other Indians were with the family — one of them knocked down the oldest bcJy, about eleven years old, and while in the act of scalping him, was fired at, but without effect. Mrs. Daviess, seeing the agitation and alarm of the Indians, saved herself and sucking child, by jumping into a sink hole. The Indians did not stand to make fight, but fled in the most precipitate manner. In that way the family was rescued by nine o'clock in the morning, without the 145 loss of a single life, and without any injury but that above men- tioned. So soon as the boy had risen on his feet, the first word he spoke was, " curse that Indian, he has got my scalp" After the family had been rescued, Mrs. Daviess gave the following account of the manner in which the Indians had acted. A few minutes after her husband had opened the door and stepped out of the house, four Indians rushed in, whilst the fifth, as she afterwards found out, was in pursuit of her husband. Herself and children were in bed while the Indians entered the house. One of the Indians immediately made signs, by which §he understood him to inquire how far it was to the next house. With an unusual pre- sence of mind, knowing how important it would be to make the distance as far as possible, she raised both her hands, first counting the fingers of one hand then of the other — making a distance of eight miles. The Indian then signed to her, that she must rise: she immediately got up, and as soon as she could dress herself, commenced showing the Indians, one article of clothing and then another, which pleased them very much : and in that way, de- layed them at the house nearly two hours. In the mean time, the Indian who had been in pursuit of her husband, returned with his hands stained with poke berries, which he held up, and with some violent gestures, and waiving of his tomahawk, attempted to induce the belief, that the stain on his hands was the blood of her husband, and that he had killed him. She was enabled at once to discover the deception, and instead of producing any alarm on her part, she was satisfied that her husband had escaped uninjured. After the savages had plundered the house of every thing that they could conveniently carry off with them, they started, taking Mrs. Daviess and her children — seven in number, as prisoners, along with them. Some of the children were too young to travel as fast as the Indians wished, and discovering, as she believed, their intention to kill such of them as could not conveniently travel, she made the two oldest boys carry them on their backs. The Indians, in starting from the house, were very careful, to leave no signs of the direction they had taken, not even permitting the children to break a twig or weed, as they passed along. They had not gone far, before an Indian drew his knife and cut off a few inches of Mrs. Daviess' dress, so that she would not be interrupt- ed in travelling. Mrs. Daviess was a woman of cool deliberate courage, and accustomed to handle the gun so that she could shoot well, as many of the women were in the habit of doing in those days. She had contemplated, as a last resort, that if not rescued in the course of the day, when night came and the Indians had fallen asleep, she would deliver herself and children by killing as many of the Indians as she could — thinking that in a night attack as 19 146 many of them as remained, would most probably run off. Such an attempt would now seem a species of madness; but to those who were acquainted with Mrs. Daviess, little doubt was enter- tained, that if the attempt had been made, it would have proved successful. The boy who had been scalped, was greatly disfigured, as the hair never after grew upon that part of his head. He often wished for an opportunity to avenge himself upon the Indians for the injury he had received. Unfortunately for himself, ten years afterwards, the Indians came to the neighborhood of his father and stole a number of horses. Himself and a party of men went in pursuit of them, and after following them for some days, the Indians finding that they were likely to be overtaken, placed themselves in ambush, and when their pursuers came up, killed young Daviess and one other man; so that he ultimately fell into their hands when about twenty one years old. The next year after the father died; his death being caused, as it was supposed, by the extraordinary efforts he made to release his family from the Indians. I cannot close this account, without noticing an act of courage displayed by Mrs. Daviess, calculated to exhibit her character in its true point of view. Kentucky, in its early days, like most new countries, was oc- casionally troubled by men of abandoned character, who lived by stealing the property of others, and after committing their depre- dations, retired to their hiding places, thereby eluding the opera- tion of the law. One of these marauders, a man of desperate character, who had committed extensive thefts from Mr. Daviess as well as from his neighbors, was pursued by Daviess and a party whose property he had taken, in order to bring him to justice. While the party were in pursuit, the suspected individual, not knowing any one was pursuing him, came to the house of Da- viess, armed with his gun and tomahawk — no person being at home but Mrs. Daviess and her children. After he had stepped in the house, Mrs. Daviess asked him if he would drink some- thing — and having set a bottle of whiskey upon the table, re- quested him to help himself. The fellow not suspecting any danger set his gun up by the door, and while drinking, Mrs. Daviess picked up his gun, and placing herself in the door, had the gun cocked and levelled upon him by the time he turned around and in a peremptory manner ordered him to take a seat, or she would shoot him. Struck with terror and alarm, he asked what he had done. She told him, he had stolen her husband's property, and that she intended to take care of him herself. In that condition, she held him a prisoner, until the party of men returned and took him into their possession. 147 III. Letter from Nathaniel Hart, Sr., Esq., of Woodford. Spring Hill, .... 1840. Dear Sir: Connected with your address delivered at the celebration of the first settlement of Kentucky at Boonesborongh, the circum- stances attending the escape and defence of Mrs. Woods about the year 1784 or '5, near the Crab Orchard, in Lincoln county, may not be without interest. I have a distinct recollection of them. Mr. Woods, her husband, was absent from home, and early in the morning, being a short distance from her cabin, she discovered several Indians advancing towards it. She reached it before all but one, who was so far ahead of the others, that before she could close and fasten the door, he entered. Instantly he was seized by a lame negro man of the family, and after a short scuffle, they both fell — the negro underneath. But he held the Indian so fast, that he was unable to use either his scalping knife or tomahawk, when he called upon his young mistress to take the axe from under the bed, and dispatch him by a blow upon the head. She immediately attempted it: but the first attempt was a failure. She repeated the blow and killed him. The other In- dians were at the door endeavoring to force it open with their tomahawks. The negro rose, and proposed to Mrs. Woods to let in another, and they would soon dispose of the whole of them in the same way. The cabin was but a short distance from a station, the occupants of which, having discovered the perilous situation of the family, fired on the Indians, and killed another, when the remainder made their escape. This incident is not more extraordinary than one that hap- pened, in the fall or winter of 1781-'2, to some families belonging to our own fort at the White Oak Spring, My father settled this fort in 1779. It was situated about a mile above Boonesborongh and in the same bottom of the river. It was composed princi- pally of families from York county, Pennsylvania — orderly, re- spectable people, and the men good soldiers. But they were un- accustomed to Indian warfare, and the consequence was, that of some ten or twelve men, all were killed but two or three. Du- ring this period, Peter Duree, the elder, the principal man of the connexion, determined to settle a new fort between Estill's sta- tion and the mouth of Muddy creek, directly on the trace be- tween the Cherokee and Shawanese towns. Having erected a cabin, his son-in-law John Bullock and his family, and his son Peter Duree, his wife, and two children removed to it, taking a pair of hand mill stones with them. They remained for two op thi'ee days shut up iu their cabin, but their corn meal being 63?- 148 hausted, they were compelled to venture out, to cut a hollow tree in order to adjust their hand mill. They were attacked by Indians — Bullock, after running a short distance, fell. Duree reached the cabin, and threw himself upon the bed. Mrs. Bul- lock ran to the door to ascertain the fate of her husband — receiv- ed a shot in the breast, and fell across the door sill. Mrs. Duree, not knowing whether her husband had been shot or had fainted, caught her by the feet, pulled her into the house and barred the door. She grasped a rifle and told her husband, she would help him to fight. He replied that he had been wounded and was dying. She then presented the gun through several port holes in quick succession — then calmly sat by her husband and closed his eyes in death. You would conclude that the scene ought to end here — but after wailing several hours, and seeing nothing more of the Indians, she sallied out in desperation to make her way to the White Oak Spring, with her infant in her arms, and a son, three or four years of age, following her. Afraid to pursue the trace, she entered the woods, and after running till she was nearly exhausted, she came at length to the trace. She deter- mined to follow it at all hazards, and having advanced a few miles further, she met the elder Mr. Duree, with his wife and youngest son, with their baggage, on their way to the new sta- tion. The melancholy tidings induced them, of course, to return. They led their horses into an adjoining canebrake, unloaded them, and regained the White Oak Spring fort before daylight. It is impossible at this day to make a just impression of the sufTerings of the pioneers about the period spoken of. The White Oak Spring fort in 1782, with perhaps one hundred souls in it, was reduced in August to three fighting white men — and I can say with truth, that for two or three weeks, my mother's family never unclothed themselves to sleep, nor were all of them, within the time, at their meals together, nor was any household business attempted. Food was prepared, and placed where those who chose could eat. It was the period when Bryant's station was besieged, and for many days before and after that gloomy event, we were in constant expectation of being made prisoners. We mad© application to Col. Logan for a guard, and obtained one, but not until the danger was measureably over. It then consisted of two men only. Col. Logan did every thing in his power, as county Lieutenant, to sustain the different forts — but it was not a very easy matter to order a married man from a fort where his family was, to defend some other — when his own was in imminent danger. I went with my mother in January, 1783, to Logan's station to prove my father's will. He had fallen in the preceding July. Twenty armed men were of the party. Twenty three widows were in attendance upon the court, to obtain letters of adminis- 149 tration on the estates of their husbands who had been killed du- ring the past year. My mother went to Col. Logan's, who re- ceived and treated her like a sister. I have drawn these statements in haste, without time to correct them, and am, with esteem, &c. NATHANIEL HART. James T. Morehead, Esq. Note B. — page 23. Lest it may be supposed that the picture of Kentucky, given by the pioneer in the narrative from which I have quoted, is over- drawn, I offer in its support the descriptions written and published about the same period, by Imlay and Filson. Capt. Imlay was "an officer in the American army during the war" of the revolution, as he informs us, and "a commissioner for laying out lands in the back settlements." His book, entitled "A topographical description of the western territory of North America," "in a series of letters to a friend in England," was published in New York in 1793. He was "an early witness to the settlement of Kentucky," and perhaps a participant of the hardships through which the early settlers had to pass. He thus describes the country, as it was presented to his view in the spring season of the year. "Every thing here assumes a dignity and splendor I have never seen in any other part of the world. You ascend a considerable distance from the shore of the Ohio, and when you would suppose you had arrived at the summit of a mountain, you find yourself upon an extensive level. Here an eternal verdure reigns, and the brilliant sun of latitude 39 deg., piercing through the azure heavens, produces in this prolific soil an early maturity which is truly astonishing. Flowers full and perfect, as if they had been cultivated by the hand of a florist, with all their captivating odours, and with all the variegated charms which color and nature can produce, here, in the lap of elegance and beauty, decorate the smiling groves. Soft zephyrs gently breathe on sweets, and the inhaled air gives a voluptuous glow of health and vigor, that seems to ravish the intoxicated senses. The sweet songsters of the forest appear to feel the influence of the genial clime, and in more soft and modulated tones warble their tender notes in unison with love 150 and nature. Everything here gives delight ; and, in that mild effulgence which beams around us, we feel a glow of gratitude for the elevation which our all bountiful Creator has bestowed upon us. Far from being disgusted with man for his turpitude or de- pravity, we feel that dignity which nature bestowed upon us at the creation — but which has been contaminated by the base alloy of meanness, the concomitant of European education, and what is more lamentable is, that it is the consequence of your very laws and governments. You must forgive what I know you will call a rhapsody, but what I really experienced after travelling across the Alleghany mountains in March, when it was covered with snow, and after finding the country about Pittsburgh bare, and not recovered from the ravages of winter. There was scarcely a blade of grass to be seen, every thing looked dreary and bore those marks of melancholy which the rude hand of frost produces. I embarked immediately for Kentucky, and in less than five days landed at Limestone, where I found nature robed in all her charms." In Filson's "Discovery, Settlement and present State of Ken- tucky," published as a supplement to "Imlay's Description," and written in 1784, a no less glowing account is given. "The coun- try," says Mr. F. (page 15) "is in some paits nearly level: in others not so much so; in others again hilly, but moderately — and in such places there is most water. The levels are not like a carpet, but interspersed with small risings and declivities, which form a beautiful prospect." "The soil" (page 22) "is of a loose, deep, black mould, without sand, in the first rate lands about two or three feet deep, and exceedingly luxuriant in all its produc- tions," "The country in general may be considered as well timbered, producing large trees of many kinds, and to be exceed- ed by no country in variety. Those which are peculiar to Ken- tucky are the sugar tree, which grows in all parts and furnishes every family with great plenty of excellent sugar. The honey- locust is curiously surrounded with large thorny spikes bearing broad and long pods in the form of peas, has a sweet taste, and makes excellent beer. The coffee tree greatly resembles the black oak, grows large, and also bears a pod, in which is enclosed coffee. The papwa (pawpaw) tree does not grow to a great size, Is a soft wood, bears a fine fruit, much like a cucumber in shape and size, and tastes sweet." He proceeds to mention the cucumber tree, the black mulberry, the wild cherry, and the buck-eye — 151 and "some other kinds of trees not common elsewhere." He then speaks of the "fine cane, on which the cattle feed and grow fat. This plant in general grows from three to twelve feet high, of a hard substance, with joints at eight or ten inches distance along the stalk, from which proceed leaves resembling those of the willow. There are many canebrakes so thick and tall, that it is difficult to pass through them. Where no cane grows there is an abundance of wild rye, clover and buffalo grass, covering vast tracts of country and affording excellent food for cattle. The fields are covered with abundance of wild herbage not common to other countries. Here are seen the finest crown-imperial in the world, the cardinal flower, so much extolled for its scarlet color, and all the year, excepting the winter months, the plains and valleys are adorned with a variety of flowers of the most admirable beauty. Here is also found the tulip-bearing laurel- tree, or magnolia, which has an extensive smell, and continues to blossom and seed for several months together." "The reader,'* he concludes, "by casting his eye upon the map, and viewing round the heads of Licking from the Ohio, and round the heads of Kentucky, Dick's river, and down Green river to the Ohio, may view in that great compass of above one hundred miles square, the most extraordinary country on which the sun has ever shone." Note C— page 28. Letter from Col. Floyd to Col. Preston^ dated BooNESBOROuGH, July 21, 1776. My Dear Sir : The situation of our country is much altered since I wrote you last. The Indians seem determined to break up our settle- ment: and I really doubt, unless it is possible to give us some as- sistance, that the greater part of the people may fall a prey to them. They have, I am satisfied, killed several whom, at this time, I know not how to mention. Many are missing, who some time ago went out about their business, of whom we can hear nothing, fresh sign of Indians is seen almost every day. I think I mentioned to you before, some damage they had done at Lee's town. On the seventh of this month, they killed one Coop- 152 er on Licking creek, and on the fourteenth, a man whose name I know not, at your salt spring on the same creek. On the same day they took out of a canoe within sight of this place. Miss Betsey Callaway, her sister Frances, and a daughter of Daniel Boone — the two last about thirteen or fourteen years old, and the other grown. The affair happened late in the after- noon. They left the canoe on the opposite side of the river from us, which prevented our getting over for some time to pursue them. We could not that night follow more than five miles. Next mor- ning by daylight, we were on their track; but they had entirely prevented our following them, by walking some distance apart through the thickest cane they could find. We observed their course, and on which side we had left their sign — and travelled upwards of thirty miles. We then supposed they would be less cautious in travelling, and making a turn in order to cross their trace, we had gone but a few miles when we found their tracks in a buffalo path — pursued and overtook them in going about ten miles, just as they were kindling a fire to cook. Our study had been how to get the prisoners, without giving the Indians time^to xnurder them after they discovered us. We saw each other nearly at the same time. Four of us fired, and all rushed on them, by which they were prevented from carrying any thing away except one shotgun without any ammunition. Mr. Boone and myself had each a pretty fair shot, as they began to move oflT. I am well convinced I shot one through the body. The one he shot dropped his gun — mine had none. The place was covered with thick cane, and being so much elated on recovering the three poor little heart-broken girls, we were prevented from mak- ing any further search. We sent the Indians oflT almost naked — some without their moccasins, and none of them with so much as a knife or tomahawk. After the girls came to themselves suffi- ciently to speak, they told us there were only five Indians — four Shawanese and one Cherokee. They could speak good English, and said they should then go to the Shawanese towns. The war club we got was like those I have seen of that nation. Several words of their language, which the girls retained, were known to be Shawanese. They also told them that the Cherokees had killed or driven all the people from Wataga and thereabout, and that fourteen Cherokees were then on the Kentucky waiting to do mischief If the war becomes general, of which there is the greatest appearance, our situation is truly alarming. We are about finishing a large fort, and intend to keep possession of this place as long as possible. They are, I understand, doing the same thing at Harrodsburgh, and also on Elkhorn, at the Royal spring. The settlement on Licking creek, known by the name of Hinkston's, has been broken up; nineteen of the settlers are now here on their way in — Hinkston among the rest. They all seem 153 deaf to any thing we can say to dissuade them. Ten at least, of our own people, are going to join them, which will leave us with less than thirty men at this fort. I think more than three hund- red men have left the country since I came out, and not one has arrived, except a few cabincrs down the Ohio. I want to return as much as any person can do: but if I leave the country now, there is scarcely one single man who will not follow the example. When I think of the deplorable condition a few helpless families are likely to be in, I conclude to sell my life as dearly as I can in their defence, rather than make an ignominious escape. I am afraid it is in vain to sue for any relief from Virginia; yet the convention encouraged the settlement of this country, and why should not the extreme parts of Fincastle be as justly enti- tled to protection as any other part of the country. If an expe- dition were carried on against those nations who are at open war with the people in general, we might be in a great measure relieved, by drawing them off to defend their towns. If any thing under Heaven can be done for us, I know of no person who would more willingly engage in forwarding us assistance than yourself. I do, at the request and in behalf of all the distressed women and children and othjr inhabitants of this place, implore the aid of every leading man who may have it in his power to give us relief. I cannot write. You can better guess at my ideas from what I have said than I can express them, lam, dear sir. Yours most affectionately, to my last moments, J. FLOYD. Note E. — page 48. I. Articles of compact between the proprietors and people of Transylvania.— (1 HaWs Sketches of the Wes^ 271.) Whereas, it is highly necessary, for the purpose of the propri- etors and the security of the people of this colony, that the pow- ers of the one and the liberties of the other be ascertained; We, Richard Henderson, Nathaniel Hart, and J. Luttrel, on behalf ot ourselves, as well as the other proprietors of the colony of Tran- sylvania, of the one part — and the representatives of the people of said colony, in convention assembled, of the other part — do 20 154 most solemnly enter into the following contract or agreement, to wit: 1. That the election of delegates in this colony be annual. 2. That the convention may adjourn, and meet again on their own adjournment: Provided, that in cases of great emergency, the proprietors may call together the delegates before the time adjourned to; and, if a majority do not attend, they may dissolve them and call a new one. 3. That, to prevent dissension and delay of business, one pro- prietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony. 4. That there be perfect religious freedom and general tolera- tion: Provided, that the propagators of any doctrine or tenets, evidently tending to the subversion of our law, shall, for such con- duct, be amenable to, and punished by, the civil courts. 5. That the judges of the superior or supreme courts be ap- pointed by the proprietors, but be supported by the people, and to them be answerable for their malconduct. 6. That the quit-rents never exceed two shillings sterling per hundred acres. 7. That the proprietors appoint a sheriff, who shall be one of three persons recommended by the court. 8. That the judges of the superior courts have, without fee or reward, the appointment of the clerks of this colony. 9. That the judges of the inferior courts be recommended by the people, and approved by the proprietors, and by them com- missioned. 10. That all other civil and military officers be within the ap- pointment of the proprietors. 11. That the office of surveyor-general belong to no person interested, or a partner in this purchase. 12. That the legislative authority, after the strength and ma- turity of the colony will permit, consist of three branches, to wit: the delegates or representatives chosen by the people; a council, not exceeding twelve men, possessed of landed estate, who reside in the colony, and the proprietors. 13. That nothing with respect to the number of delegates from any town or settlement shall hereafter be drawn into precedent, but that the number of representatives shall be ascertained by law, when the state of the colony will admit of amendment. 14. That the land office be always open. 15. That commissions, without profit, be granted without fee. 16. That the fees and salaries of all officers appointed by the proprietors, be settled and regulated by the laws of the country. 17. That the convention have the sole power of raising and appropriating all public moneys, and electing their treasurer. 155 18. That, for a short time, till the state of the colony will per- mit to fix some place of holding the convention which shall be permanent, the place of njeeting shall be agreed upon between the proprietors and the convention. To the faithful, and religious, and perpetual observance of all and every of the above articles, the said proprietors, on behalf of themselves as well as those absent, and the chairman of the con- vention on behalf of them and their constituents, have hereunto interchangeably set their hands and affixed their seals, the twenty seventh day of May, one thousand seven hundred and seventy five. Richard Henderson. [^Seal.^ Nathaniel Hart. [^Seal.l J. LuTTREL. l^SeaL] T. Slaughter, Ch'mn. \_SealJ] II. In connexion with what has been said in the text of the pro- prietors of the colony of Transylvania, it may be considered pro- per that I should subjoin some notice of them individually. I have to regret that my information is so limited, as to render what I shall say of them, in a great degree, unsatisfactory. Of Col. Henderson I know nothing, except what I have found in a book of somewhat questionable authority, of which I proceed to give a short account. Previously to the year 1775 — the exact time is uncertain — there came to America an individual, who is fully entitled to the distinction of having been the first of the race of British travellers in the United States, of whom the present age has been so productive. He calls himself J. F. D. Smyth, Esq.* He landed in Virginia, and travelled through that State, viewing as he went, with a very inquisitive eye, the soil and its productions, the cities and villages, the institutions, the manners * He is the Dr. Smyth to whom allusion is made by Mr. Girardin, in his History of Virginia, as having been engaged with Cameron and Connolly, in furthering a scheme of Lord Dunmore, in the fall of 1775, which "contemplated an active co- operation of the Indians with the disaffected in the back settlements," for an invasion of Virfinia. As they were proceeding to Detroit, "the destined theatre of their ope- rations," they were taken into custody, about five miles from Hagerstown,'and thrown into prison. They were taken to Philadelphia, and detained in custody by the Congress, for a considerable time. See Girardia'g History of Va., page 75 — and Appendix thereto — No. 4. 156 and customs of the people. He found himself at length in Tar- burg, North Carolina, and from thence "struck out" into a fine settlement called Nutbush, from a creek of that name which runs through it. At the house "of one Williams's, a lawyer who was said to be, and was very much like a mulatto," he "happened to fall in company, and have a great deal of conversation with, one of the most singular and extraordinary persons and eccentric geniuses in America, and perhaps in the world." It was Col. Henderson, afterwards President of Transylvania. The result of the conversation was a strong solicitude to visit Kentucky. Accordingly, he crossed over the Alleghany moun- tains, and "fell upon the Warrior's branch" of the Kentucky river. Directing his course down that stream, he "I'eached the foot of the great ridge of the Ouasiotto mountains," He ascend- ed those mountains, and "from the brow or edge of the summit looking back," he saw "the huge Alleghany's which he had cross- ed"; and "on the other edge of the summit, as he advanced, a champaign country, covered with prodigious woods, but at the same time in full verdure, and intersected with vast rivers and prodigious water courses, which all terminated in the mighty, majestic Ohio. Some of the course of this amazing and beautiful river, was also to be discovered by a chasm or break in the woods, where it flowed in awful, solemn silence." He "descended the Ouasiotto mountains, and in a short time fell into the great War path which had been used by the Indians time out of mind." He describes the Warrior's branch as "a considerable river, and after its confluence with two more rivers, neither of which is so large as itself, forms the Kentucky." "In five easy days jour- neys," he at length arrived "at the famed settlement" of Colonel Henderson at Boonesborough, on the eighth day of June. He was kindly and hospitably received: walked over and admired his plantation — visited several improvements in the neighbor- hood — explored the country to the confluence of the Kentucky with the Ohio river — descended the latter river to the falls — and proceeded from thence to New Orleans. It is not long before Mr. Smyth is at Pittsburgh — he is arrested as a spy and impri- sioned, and, according to his own account, was most unjustifiably 157 dealt with. He returned to England, and in 1784, published his tour in the United States of America. From it the foregoing information concerning him has been derived. He thus speaks of Col. Henderson: "His father is still alive, a poor man, whose residence is in the settlement of Nutbush, where he was at this time on a visit. This son was grown up to maturity before he had been taught to read or write, and he acquired those rudiments of education, and arithmetic also, by his own indefatigable industry. He then obtained the inferior office of constable; from that was promoted to the office of under-sherifl"; after this he procured a license to plead as a lawyer, in the inferior or county courts, and soon after in the superior, or highest courts of judicature. Even there, where oratory and eloquence is as brilliant and powerful as in Westminster-hall, he soon became distinguished and eminent, and his superior genius shone forth with great splen- dor, and universal applause. He was, at the same time, a man of pleasure, gay, facetious, and pliant; nor did his amazing talents,- and general praise, cre- ate him a single enemy. In short, while yet a very young man, he was promoted from the bar to the bench, and appointed Associate Chief Judge of the province of North Carolina, with a salary adequate to the dig- nity. Even in this elevated station, his reputation and renown con- tinued to increase. But having made several large purchases, and having fallen into a train of expence that his circumstances and finances could not support, his extensive genius struck out on a bolder tract to for- tune and fame, than any one had ever attempted before him. Under pretence of viewing some back lands, he privately went out to the Cherokee nation of Indians, and, for an insignifi- cant consideration (only ten wagons loaded with cheap goods, such as coarse woollens, trinkets, some fire-arms, and spirituous liquors,) made a purchase from the chiefs of the nation, of a vast tract of territory, equal in extent to a kingdom; and in the excel- lence of climate and soil, extent of its rivers, and beautiful ele- gance of situations, inferior to none in the universe. A domain of no less than one hundred miles square, situated on the back or interior part of Virginia, and of North and South Carolina; comprehending the river Kentucky, Cherokee, and Ohio, besides a variety of inferior rivulets, delightful and charming as imagina- tion can conceive. This transaction he kept a profound secret, until such time as he obtained the final ratification of the whole nation in form. Then he immediately invited settlers from all the provinces, offer- 158 ing them land on the most advantageous terms, and proposing to them hkewise, to form a legislature and government of their own; such as might be most convenient to their particular cir- cumstances of settlement. And he instantly vacated his seat on the bench. Mr. Henderson by this means established a new colony, nu- merous and respectable, of which he himself was actually propri- etor as well as governor, and indeed legislator also; having framed a code of laws, particularly adapted to their singular situation, and local circumstances. In vain did the different governors fulminate their proclama- tions of outlawry against him and his people: in vain did they offer rewards for apprehending him, and forbid every person from joining, or repairing to his settlement ; under the sanction and authority of a general law, that renders the formal assent of the governors and assemblies of the different provinces absolutely necessary to vindicate the purchase of any lands from the Indian nations. For this instance, being the act of the Indians them- selves, they defended him and his colony, being in fact as a bul- wark and barrier between Virginia, as well as North and South Carolina and him ; his territory lying to the westward of their nation." III. Nathaniel Hart, whose name is so intimately connected with the first settlement of Kentucky, was born in the year 1734, in Hanover county, Virginia. Thomas Hart lived and died in Han- over, leaving five sons, of whom Nathaniel Hart was the young- est, and one daughter. After his father's death, which occurred in 1775, the whole family removed to Orange county. North Carolina, where Nathaniel Hart married in 1760, and continued for many years engaged in mercantile business. About the years 1770 and 1771, Capt. Hart commanded a company of Infantry which was actively engaged in the suppression of an insurrection in North Carolina (the purpose of which was, to shut up the courts of justice and prostrate government itself) and was hand- somely complimented by the officers of the government, for the gallant and spirited behaviour of the detatchment under his com- mand. Shortly after this, Daniel Boone, who resided in the same sec- tion of the country, returned from his long hunt of three years in Kentucky, and by his glowing description of its beauty, and the fertility of its soil, soon excited in others the spirit of an enter- prize, which in point of magnitude and peril, as well as constancy and heroism displayed in its execution, has never been paralleled in the history of America. Capt. Hart (who knew Boone and con- 159 fided in his statements) was active in the formation of a company containing four of his immediate family, and lour of his friends, with Col. Henderson as its legal head, for the purpose of under- taking the purchase and settlement of the wilderness of Kentucky. As soon as the company was organized, Capt. Hart set out alone on a trip to the Cherokee towns, on Holston, to ascertain, by a previous conference with the Indians, whether the purchase could be eflected. After a propitious interview, he returned to N. Carolina, taking with him a delegation of the Indian chiefs who remained to escort the company back to the treaty ground, when, on the 17th of March, 1775, they negotiated the purchase of Transylvania from the Indians, and immediately departed for the Kentucky river. From this period Capt. Hart spent most of his time in Kentucky, although he did not attempt to bring his family out till the fall of 1779. In August, 1782, as he was carelessly riding out in the vicinity of the ibrt, he was killed and scalped by a small party of Indians who made their escape, although warmly pursued by Col. Boone. His widow survived him about two years. Their descendants all reside in Kentucky. In the final settlement of the affairs of Henderson & Co., the company allowed Capt. Hart 200 pounds for extraordinary servi- ces rendered and risk incurred, by him in the settlement of Ken- tucky. Note F. — page 53. To the honorable the Convention of Virginia The petition of the inhabitants, and some of the intended settlers* of that part of North America now denominated Transylvania, humbly sheweth. Whereas some of your petitioners became adventurers in that country from the advantageous reports of their friends who first explored it, and others since allured by the specious shew of the easy terms on which the land was to be purchased from those who stile themselves proprietors, have, at a great expense and many hardships, settled there, under the faith of holding the lands by an indefeasible title, which those gentlemen assured them they were capable of making. But your petitioners have been greatly alarmed at the late conduct of those gentlemen, in advancing the price of the purchase money from twenty shillings to fifty shillings sterling per hundred acres, and at the s'ame time have increased the fees of entry and surveying to a most exorbit- ant rate; and, by the short period prefixed for taking up the lands, even on those extravagant terms, they plainly evince their inten- 160 tions of rising in their demands as the settlers increase, or their insatiable avarice shall dictate. And your petitioners have been more justly alarmed at such unaccountable and arbitrary proceed- ings, as they have lately learned, from a copy of the deed made by the Six Nations Avith Sir William Johnson, and the commis- sioners from this Colony, at Fort Stanwix, in the year 1768, that the said lands were included in the cession or grant of ail that tract which lies on the south side of the .river Ohio, beginning at the mouth of Cherokee or Hogohege liver, and extending up the said river to Kettaning. And, as in the preamble of the said deed, the said confederate Indians declare the Cherokee river to be their true boundary with the southard Indians, your petitioners may, with great reason, doubt the validity of the purchase that those proprietors have made of the Cherokees — the only title they set up to the lands for which they demand such extravagant sums from your petitioners, without any other assurance for holding them than their own deed and warrantee; a poor security, as your petitioners humbly apprehend, for the money that, among other new and unreasonable regulations, these proprietors insist should be paid down on the delivery of the deed. And, as we have the greatest reason to presume that his majesty, to whom the lands were deeded by the Six nations, for a valuable consid- eration, will vindicate his title, and think hiinself at liberty to grant them to such persons, and on such terms as he pleases, your petitioners would, in consequence thereof, be turned out of pos- session, or obliged to purchase their lands and improvements on such terms as the new grantee or proprietor might think fit to impose; so that we cannot help regarding the demand of Mr. Henderson and company as highly unjust and impolitic, in the infant state of the settlement, as well as greatly injurious to your petitioners, who would cheerfully have paid the consideration at first stipulated by the company, whenever then' grant had been confirmed by the crown, or otherwise authenticated by the su- preme legislature. And, as we are anxious to concur in every respect with our brethren of the united Colonies, for our just rights and privileges, as far as our infant settlement and remote situation will admit of, we humbly expect and implore to be taken under the protection of the honorable Convention of the Colony of Virginia, of which we cannot help thinking ourselves still a part, and request your kind interposition in our behalf, that we may not suffer under the rigorous demands and impositions of the gentlemen stiling them- selves proprietors, who, the better to effect their oppressive de- signs, have given them the color of a law, enacted by a score of men, artfully picked from the few adventurers who went to see the country last summer, overawed by the presence of Mr. Hen- derson. 161 And that you would take such measures as your honors in your wisdom shall judge most expedient for restoring peace and har- mony to our divided settlement; or, if your honors apprehend that our case comes more properly before the honorable the Gen- eral Congress, that you would in your goodness recommend the same to your worthy delegates, to espouse it as the cause of the Colony. And your petitioners, &c. James Harrod, Abm. Hite, Jun., Patrick Dorane, Ralph Nailor, Robert Atkinson, Robert Nailor, John Maxfeld, Samuel Pottin- ger, Burnerd Walter, Hugh McMillion, John Kilpatrick, Robert Dook, Edward Brownfield, John Beesor, Conrod Woolter, John Moore, John Corbie, Abraham Vanmetre, Samuel Moore, Isaac Pritcherd, Joseph Gwyne, Charles Creeraft, James Willie, John Camron, Thomas Kenady, Jesse Pigman, Simon Moore, John Moore, Thomas Moore, Herman Consoley, Silas Harland, Wm. Harrod, Levi Harrod, John Mills, Elijah Mills, Jehu Harland, Leonard Cooper, William Rice, Arthur Ingram, Thomas Wilson, William Wood, Joseph Lyons, George Uland, Michael Thomas, Adam Smith, Samuel Thomas, Henry Thomas, William Myars, Peter Paul, Henry Simons, William Gaffata, James Hugh, Thos. Bathugh, John Connway, William Crow, William Feals, Benja- min Davis, Beniah Dun, Adam Neelson, William Shephard, Wm. House, John Dun, John Sim, Sen., John House, Simeon House, Andrew House, William Hartly, Thomas Dean, Richard Owan, Barnet Neal, John Severn, James Hugh, James Calley, Joseph Parkison, Jediah Ashraft, John Hardin, Archibald Reves, Moses Thomas, J. Zebulon Collins, Thomas Parkison, Wm. Muckleroy, Meridith Helm, Jun., Andrew House, David Brooks, John Helm, Benjamin Parkison, William Pai'kison, William Crow. — (See 2 HaWs Sketches — Appendix, 236. Note G. — page 5S. Diary of Geo. Rogers Clark, from December 25, 1776. Harrodsburgh, Dec. 25, 1776. Dec. 25. — Ten men going to the Ohio for powder — met on the waters of Licking creek by Indians, and defeated — John G. Jones, William Graden and Josiah Dixon were killed. Dec. 29. — A large party of Indians attacked McClelland's Fort and wounded John McClelland, Charles White, Robert Todd and Edward Worthington — the two first mortally. Dec. 30. — Charles White died of his wound. 21 162 Jan. 6, 1777.— John McClelland died of his wound. 30th— moved to Harrodsburgh from McClelland's Fort. Feb. — Nothing remarkable done. March 5. — Militia of the county embodied — 6th, Thos. Shores and William Ray killed at the Sbawanese Spring — 7th, the Indians attempted to cut off from the fort a small party of our men. A skirmish ensued — we had four men wounded and some cattle killed. We killed and scalped one Indian and wounded several — 8th, brought in corn from the different cribs until the 18th day — 9th, express sent to the settlement. Ebenezer Corn & Co. arrived from Captain Linn on the Mississippi — 18lh, a small party of Indians killed and scalped Hugh Wilson, about half a mile from the fort near night, and escaped — I9th, Archi- bald McNeal died of his wounds received on the 7th inst — 28th, a large party of Indians attacked the stragglers about the fort, killed and scalped Garret Pendergrest, killed or took prisoner, Peter Flin. April 7. — Indians killed one manatBoonesborough, and wound- ed one — 8th, Stoner arrived with news from the settlement — 16th, Doran Brown & Co. arrived from Cumberland river — 19th, John Todd and Richard Callaway elected Burgesses. James Ber- ry married to widow Wilson — 20th, Ben Linn and Samuel Moore sent express to the Illinois — 24th, 40 or 50 Indians attacked Boonesborough, killed and scalped Daniel Goodman, wounded Capt. Boone, Capt. Todd, Mr. Ilite and Mr. Stoner. Indians, 'tis thought, sustained much damage — 29th, Indians attacked the fort and killed ensign McConnell. May 6. — Indians discovered placing themselves near the fort. A few shots exchanged — no harm done. 12th, John Cowan and Squire Boone arrived from the settlement. 18th, McGary and Haggin sent express to Fort Pitt. 23d, John Todd & Co. set off for the settlement. 23d, a large party of Indians attacked Boones- borough fort; kept a warm fire until 11 o'clock at night; began it next morning and kept a warm fire until midnight, attempting several times to burn the fort; three of our men were wounded — not mortally; the enemy suffered considerably. 26th, a party went out to hunt Indians; one wounded Squire Boone and es- caped. 30th, Indians attacked Logan's Fort; killed and scalped William Hudson, wounded Burr Harrison and John Kennedy. June 5. — Harrod and Elliot went to meet Col. Bowman &l Co^ Glen and Laird arrived from Cumberland; Daniel Lyons, who parted with them on Green river, we suppose was killed going into Logan's Fort. Jno. Peters andElisha Bathey we expect were killed coming home from Cumberland. 13th, Burr Harrison died of his wounds received the 30th of May. 22d, Ben. Linn and Sam- uel Moore arrived from Illinois ; Barney Stagner, Sen., killed 163 and beheaded half mile from the fort. A few guns fired at Boone's. July 9. — Lieutenant Linn Married — great merriment. 11th, Harrod returned. 23d, express returned from Pittsburgh. August 1. — Col. Bowman arrived at Boonesborough. 5th, surrounded ten or twelve Indians near the fort — killed three and wounded others; the plunder was sold for upwards of £70. 11th, John Higgins died of a lingeiing disorder. 25th, Ambrose Gray- son killed near Logan's^Fort, and wounded two others: Indians escaped. September 2. — Col. Bowman &Co. arrived at this place; court held, &c. 8lh, 27 men set out for the settlement, yili, Indians discovered — a shot exchanged — nothing done, lllh, 37 men went to Joseph Bowman's for corn, while shelling they were fired on; a skirmish ensued ; Indians drew olf, leaving two dead on the spot and much blood; Eh Gerrard was killed on the spot and six others wounded. 12ih, Daniel Brayan died of his wounds re- ceived yesterday. 17tli, express sent to the settlement; Mrs. Sanders died. 23d, express arrive from Boone's and say, that on the 13ih Capt. Smith arrived there with 48 men — 150 more on the march for this: also, that General Washington had defeated Howe — Joyful news, if true. 26ih, brought in a load of corn — frost in the morning. 29th, bought a horse — price £12; swapped with I. Shelby — boot £10; Silas ilarland and James Harrod, dr. to £18 of powder, 22 lead. 30th, intended to start for settle- ment — horses lost. Wednesday, Oct. 1. — I start for the settlement — 22 men; got to Logan's, 20 miles. 2d, Capt. Montgomery arrived at Logan's with 38 men, and say that Capt. Watkins would be in in a day or two. 3d, started on our journey; Capt. Powlin and company likewise — 76 in all, beside women and children, and took beeves from Whitley of G*****; camped at Pettit's, 16 miles. 4th, rain in the morning; camped on Skaggs' creek, 18 miles. 5th, early start; spies killed a buffalo; camped one half mile from the Ha- zle Patch, 9 miles across Rockcastle river, 20 miles — all safe. 6th, early start; camped on Laurel river; marched 14 miles; killed a beef. 7th, waited for Scaggs — he not coming to us we killed a few deer. 8th, Scaggs came to us and went back for his skins. 9lh, lost our beeves; marched three miles; crossed Laurel river, and camped on the bank. lOih, early start; camped on Rich- land creek, 17 miles, where we met Capt. Charles G. Watkins on his march to Boone's with 50 men and families; scarce of food, llth, marched to Cumberland ford, 18 miles; killed two buila- loes; Indians about us. 12th, crossed the R. and C. mountains; encamped in Powell's valley, 4 miles from the gap; in the whole 19 miles. 13th, late start; got to Martin's, 18 miles. 14th, ieft 164 Capt. Pertin; marched 15 miles. 15th, crossed Powel's river; march- ed 20 miles; camped on the south side of Powel's mt. 16th, got to the Rhye Cox, 9 miles. 17th, to Blackamoore's, 6 miles. 18th, parted with the company; lodged at More's fort, 20 miles. 19th, lodged at Capt. Kincaid's, 22 miles. 20th, crossed Clinch moun- tain; met Mr. Maulding, and heard from my friends; lodged at Col. Campbell's, 21 miles. 21st, lodged at .Jasper Kindsers's; got my horse shod on the way; breakfast and fed. Is. 3d., 22 miles. 22d, cloudy morning, no rain; lodged at Sawyer's; expenses. Is. 3d., 28 miles. 23d, falling in company with Capt. Campbell, an agreeable companion, we travelled 33 miles; lodged at Cook's; poor fare; expenses, 6s. 6d. 24lh, sold my gun to Mr. Love, £15; swapped horses with I. Love; gave £7. 10s. boot; lodged at H. Neelie's, 25 miles. 25th, received a letter from Capt. Bow- man, informing me that he had an order of court to carry salt to Kentucky **** ; lodged at Bottetourt, 25 miles — 412 miles from Harrodsburgh. 26th, rain; slaid at Lockhart's tavern. 27th, rain; expenses £1. 4s. 28th, rain; start after breakfast; rained slowly all day; lodged at Bartlett's; expenses 4s., 25 miles. 29th, parted with my companion, Capt. Campbell; lodged at J. Mc- Lung's; 5s., 28 miles. 30th, crossed the Blue Ridge; lodged at Blacke's, at foot of the Mt.; 5s., 23 miles. 31st, bought a pair of shoes in Charlottsville; lodged at ****, 35 miles — 15 miles from Charlottsville. Saturday, Nov. 1 — Got to my father's at about 10 o'clock at night — all well — 55 miles, in the whole, 620 miles from Harrods- burgh. 2d, staid at my father's. 3d, started for Williamsburg; lodged at Mr. Gwathmey's, 40 miles. 4lh, lodged at Warren's; Is. 6d., 29 miles. 5th, got to Williamsburg; lodged at Ander- son's; had a confirmation of Burgoine's surrender. 6th, bought a ticket in the State Lottery, £3, number 10,693, first class. 7th, went to the Auditor's; laid before them the Kentucky accounts; they refused to settle them without the consent of the council. 8th, got an order from the council to settle them. 9lh, Sunday, went to church. 10th, passed the accounts with the Auditors, exc3pt my own, which they refuse to settle without the consent of the council. 18th, settled with the Auditors; drew the mo- ney of the Treasurer, £726; bought a piece of cloth for a jacket, price £4. 15s., buttons, &c. 3s. 19th, left Williamsburg after breakfast — expenses £9. 18s.; lodged at Warren's. 20th, got to Mr. Gwathmey's — expenses 13s. 21st, staid at do. 22d, came to my father's. 165 Note H. — page 69. The life and campaigns of General George Rogers Clark would be a most valuable accession to our western history, and I am gratified to be able to state that the materials for such a work are in a state of preparation by L. Bliss, Jr., Esq. of Louisville. That gentleman has been so obliging as to submit to my perusal the autograph memoir of the distinguished soldier, commencing with the period of his visit to Kentucky in 1776, and closing with the year 1777. I have drawn freely upon it, although Mr. Butler's delightful narrative of the Illinois campaigns covered pretty much thesame ground. I have alluded in the text to a letter addressed by General Clark to "the inhabitants of Vincennes," communicating to Gov- ernor Hamilton, the first intelligence of his approach. It is a singular paper, and I take the liberty to insert it. ^^To the Inhabitants of Vincennes. "Being now within two miles of your village with my army, determined to take your fort this night, and not being willing to surprise you, I take this step to request such of you as are true cit- izens, and willing to enjoy the liberty I bring you, to remain still in your houses ; and those (if any there be) tiiat are friends to the King of England, to repair instantly to the fort, join their troops and fight like men. And if any such should hereafter be discov- ered, that did not repair to the garrison, they may depend on se- vere punishment. On the contrary, those that are true friends to liberty may expect to be well treated. As such, I once more request that they will keep out of the streets, for every person found under arms on my arrival, will be treated as an enemy." "I had various ideas," says the venerable auto-biographer, "on the supposed result of this letter. I knew it could do us no damage — that it would cause the lukewarm to be decided — en- courage our friends and astonish our enemies — that they would of course suppose our information good, and our forces so numer- ous, that we were sure of success." Note I. — page 73. Capt. Imlay's account of the policy and operation of the land laws of Virginia, indicates, it may be supposed, the opinion gen- erally entertained, at the period of their adoption, of their salu- tary influence. 166 "A land office," he says, "was opened by the State granting warrants for any quantity of unlocated land upon condition of certain sums of depreciated continental currency, paid into the Treasury, at so much per hundred acres." "/if was necessary in the management of this business, that care should be taken to pre- vent that perplexity and litigation, which the vague manner in which that business was executed in many instances, would pro- duce." For this purpose, he says, "surveyors were appointed," and "commissioners were sent to adjust the claims of settlement and pre-emption; by which means order was preserved, and the gov- ernment of a district of country, separated at that time more than two hundred miles from any other settled country — a coun- try which had grown up under the devastation of a most barbarous civil war, and under the miseries of famine and distress" estab- lished — And the order and quiet which prevailed in 1784, were sufficient to have induced a stranger to have beUeved, that he was living under an old settled government. Such is the science of jurisprudence, when it works upon simple and substantial springs. Hence arises harmony without expence, and equity withoiU litigation. Here are no musty forms to lead you into lab- yrinths of doubt and perphxity — no contradictory cases and re- ports to distract your opinions. Our decisions are governed by acts of the legislature, decreed upon the elementary principles of truth and justice." — Imlay's description of Kentucky, pp. 2)2, 36. If the author had lived till the present time, he would have had occasion to retract these opinions. Willingly would he have exchanged "decrees" founded "on elementary principles of truth and justice," for the "musty forms" and "contradictory cases" of the common law. "Harmony without expence ! " "Equity with- out litigation!" "Angels and ministers of grace defend us" from another series of "descisions" governed "by acts of the legisla- ture." The principal act upon this subject was passed in may, 1779, It was entitled, "an act for establishing a land office, and ascer- taining the terms and manner of granting waste and unappropri- ated lands." "In creating a sinking fund in aid of the annual taxes to discharge the public debt," it was enacted* "that any person might acquire title to so much waste and unappropriated lands as he or she might desire to purahase, on paying the con- sideration of forty pounds for every hundred acres, and so in •See Revised Code of Virginia, 1819, 366. 167 in proportion for a greater or smaller quantity." The money was made payable to the Treasurer, who was required to give a receipt for the purchase money — and upon presentation of that receipt to the Auditor, a certificate was issued by him showing the quantity of land purchased. The certificate was lodged in the land office, and the register of that office granted a warrant authorizing the land to be surveyed. Surveyors were appointed in every county, "to be nominated, examined and certified able by the President and professors of William and Mary College," by whom, or by their deputies, the surveys were to be made. Upon a return of a plat and certificate of the survey of the land to the Register's office, it was made the duty of the Register to record them, and to make out a grant for the land, which, when signed by the Governor with the seal of the Commonwealth annexed, consummated the purchaser's title. Col. Thomas Marshall was appointed surveyor of the county of Fayette — George May of Jefferson, and James Thompson of Lincoln. Col. Marshall was a gentleman of high standing in Virginia. He had been a member of the General Assembly in 1774, and was one of that band of patriots, who, with Washington and Henry, resolved to resist the assumptions of the British govern- ment at the hazard of all that was dear to men. He attached himself in 1775 to the army, and in the capacity of Major, was conspicuous for his gallantry in the battle of the great Bridge on the ninth of December, 1775.* In the following year he was placed at the head of the third Virginia regiment on continental establishment,! and distinguished himself in the battles of Bran- dywine and Germantown. In 1778 he took the command of the Virginia regiment of State artillery, which he retained for three years. It was during that period that he first came to Kentucky — having received a special permission from the Governor. His object was to "locate land warrants, as a provision for a numer- ous family which he intended to remove to the country on the restoration of peace."J He opened his office of surveyor and commenced the discharge of its duties in November, 1782, and • Girardin'i History of Virginia, 35. . 1 1 Marsh. 345. t ^ ''»• 10*- 168 from that period became a citizen of Kentucky. T It does'not fall within the range of my subject, to speak of the part that he took in the political movements of the district. He was a promi- nent member, from the? county of Fayette, of some of the early conventions. Of Mr. May and Mr. Thompson, the historians furnish no other information, than that they acted as surveyors, and I am unable to add to it. Note K. — page 79. "Michael Stoner, this day appeared, and claimed a right to a settlement and pre-emption to a tract of land lying on Stoner's fork, a branch of the south fork of Licking, about twelve miles above Licking station, by making corn in the country in the year 1775, and improving the said land in the year 1776; satisfactory proof being made to the court, they are of opinion that the said Stoner has a right to a settlement of four hundred acres of land, including the above-mentioned improvement, and a pre-emption of one thousand acres adjoining the same, and that a certificate issue accordingly." "Joseph Combs, this day claimed a right to a pre-emption of one thousand acres of land lying on Combs', since called How- ard's creek, about eight miles above Boonesborough, on both sides of the creek, and about three, or four miles, from the mouth of it, by improving the said land, by building a cabin on the premi- ses in the month of May, 1775, Satisfactory proof being made to the court, they are of opinion that the said Combs, has a right to a pre-emption of one thousand acres, including the said im- provement, and that a certificate issue accordingly." "Robert Espie, this day appeared and claimed a pre-emption of four hundred acres of land, he being a settler in this country, who made corn in the year YKIS, as appears by testimony, lying on the waters of Paint Lick, near the land of William Kennedy, at a spring, with the R. A. cut on each tree. The court are of opinion that the said Espie has a right to the pre-emption of four hundred acres of land, according to law — and that a certificate issue for the same." — ^ee 1 Marshall's History of Kentucky, page 100. 169 Note J. — page 75. Gen. Charles Scott was at the time alluded to in the text, the Governor of Kentucky, having been elected in August, 1808. He was an officer of the Revolution, came to Kentucky in 1786, and commanded an expedition against the Indians in that year. (See 1 Marshall's History of Kentucky, page 373.) He was a great favorite of the people of Kentucky — a faithful public offi- cer — a man without fear and without reproach. Note L. — page 85. I extract from the address of my friend Dr. Drake, delivered before the Union Literary Society of Miami University, the fol- lowing incidents which, I understand, were communicated to him by the Hon. John Rowan: "In the latter part of April, 1784, my father, with his family, and five other families, set out from Louisville, in two flat-bot- tomed boats, for the Long Falls of Green river. The intention was to descend the Ohio river to the mouth of Green river, and ascend that river to the place of destination. At that time there were no settlements in Kentucky, within one hundred miles of the Long falls of Green river (afterwards called Vienna.) The families were in one boat and their cattle in the other. When we had descended the river Ohio about one hundred miles, and were near the middle of it, gliding along very securely, as we thought, about ten o'clock of the night, Ave heard a prodigious yelling, by Indians, some two or three miles below us, on the nor- thern shore. We had floated but a little distance farther down the river, when we saw a number of fires on that shore. The yelling still continued, and we concluded that they had captured a boat, which had passed us about mid-day, and were massa- creing their captives. Our two boats were lashed together, and the best practicable arrangements made for defending them. The men were distributed by my father, to the best advantage, in case of an attack, they were seven in number, including himself. The boats were neared to the Kentucky shore, with as little noise by the oars as possible. We were afraid to approach too near the Kentucky shore, lest there might be Indians on that shore also. We had not yet reached their uppermost fire (their fires were ex- tended along the bank, at intervals, for half a mile or more,) and 22 no we entertained a faint hope that we might slip by unperceived. But they discovered us when we had got about mid-way of their . fires, and commanded us to come to. We were silent, for my father had given strict orders that no one should utter any sound but that of his rifle; and not that until the Indians should come within powder-burning distance They united io a most terrific yell, and rushed to their canoes, and pursued us. We floated on in silence — not an oar was pulled. They approached us within less than a hundred yards, with a seeming determination to board us. Just at this moment, my mother rose from her seat, collect- ed the axes, and placed one by the side of each man, where he stood with his gun, touching him on the knee with the handle of the axe, as she leaned it up by him against the side of the boat, to let him know it was there, and retired to her seat, retaining a hatchet for herself. The Indians continued hovering on our rear, and yelling, for near three miles, when, awed by the inferences which they drew from our silence, they relinquished farther pur- suit. None but those who have had a practical acquaintance with Indian warfare, can form a just idea of the terror which their hideous yelling is calculated to inspire. I was then about ten years old, and shall never forget the sensations of that night; nor can I ever cease to admire the fortitude and composure displayed by my mother on that trying occasion. We were saved, I have no doubt, by the judicious system of conduct and defence, which my father had prescribed to our little band. We were seven men and three boys — but nine guns in all. They were more than a hundred. My mother, in speaking of it afterwards, in her calm way, said, we had made a providential escape, for which we ought lo feel grateful." — See Oxford Addresses, page 219. Note M. — page 88. I have not followed, scrupulously, the accounts given by the Kentucky historians, of the battle of the Little Mountain. My information is derived from gentlemen of high character in Madi- son county, on whose testimony the utmost reliance may be placed. 171 Note N.— pace 92. «'The more experienced of the garrison felt satisfied that a powerful party was in ambuscade near the spring, but at the same time they supposed that the Indians would not unmask themselves, until the firing upon the opposite side of the fort was returned with such warmth, as to induce the belief that the feint had succeeded. _ Acting upon this impression, and yielding to the urgent neces- sity of the case, they summoned all the women, without excep- tion, and explaining to them the circumstances in which they were placed, and the improbability that anv injury would be offered them, until the firing had been returned from the oppo- site side of the fort, they urged them to go in a body to the spring, and each to bring up a bucket full of water. Some of the ladies, as was natural, had no relish for the undertaking, and asked why the men could not bring water as well as themselves? ob- serving that theij were not bullet-proof, and that the Indians made no distinction between male and female scalps! To this it was answered, that women were in the habit of bringing water every morning to the fort, and that if the Indians saw them engaged as usual, it would induce them to believe that their ambuscade was undiscovered, and tiiat they would not un- mask thennselves for the sake of firing at a few women, when they hoped, by remaining concealed a few moments longer, to obtain complete possession of the fort. That if men should go down to the spring, the Indians would immediately suspect that somethino- was wrong, Avould despair of succeeding by ambuscade, and would instantly rush upon them, follow them into the fort, or shoot them down at the spring. The decision was soon over.' A few of the boldest declared their readiness to brave the dan- ger, and the younger and more timid rallying in the rear of these veterans, they all marched down in a body to the spring, within point blank shot of more than five hundred Indian warriors! Some of the girls could not help betraying symptoms of terrorj but the married women, in general, moved with a steadiness and composure, which completely deceived the Indians. Not a shot was fired. The party were permitted to fill their l^uckets, ono after another, without interruption, and although their steps be- came quicker and quicker, on their return, and when near the gate of the fort, degenerated into a rather unmilitary celerity, \ attended with some little crowding in passing the gate, yet not more than one fifth of the water was si)illed, and the'eyes of the^ youngest had not dilated to more than double their ordinary sae."—See McClung's Sketches, page 62. 172 Note O. — page 95. "A young man by the name of Reynolds, highly distinguished for courage, energy, and a frolicsome gaiety of temper, perceiving the effect of Girty's speech, took upon himself to reply to it. To Girty's inquiry, "whether the garrison knew him? Rey- nolds replied, "that he was very well known; that he himself had a worthless dog, to which he had given the name of 'Simon Gir- ty,' in consequence of his striking resemblance to the man of that name ; that if he had either artillery or reinforcements, he might bring them up and be d — d ; that if either himself, or any of the naked rascals with him, found their way into the fort, they would disdain to use their guns against them, but would drive them out again with switches, of which they had collected a great number for that purpose alone ; and finally, he declared, that they also expected reinforcements; that the whole country was marching to their assistance; and that if Girty and his gang of murderers remained twenty four hours longer before the fort, their scalps would be found drying in the sun upon the roofs of their cabins." See Mc Clung' s Sketches, page 66. Note P. — page 100. BATTLE OF THE BLUE LICKS. Letter from Daniel Boone to the Governor of Virginia. Boone's Station, Fayette Co., Aug. 30, 1782. Sir: — Present circumstances of affairs cause me to write to your Excellency as follows: On the 16th instant a large number of Indians, with some white men, attacked one of our frontier stations, known by the name of Bryant's Station. The siege continued from about sunrise till about ten o'clock the next day, when they marched off. Notice being given to the neighboring stations, we immediately raised 181 horsemen commanded by Col. John Todd, including some of the Lincoln county militia, commanded by Col. Trigg, and having pursued about forty miles, on the 19th inst. we discovered the enemy lying in wait for us. On this discovery we formed our columns into one single line, and marched up in their front within about forty yards before there was a gun fired. Col. Trigg commanded on the right, myself on the left, Maj. McGary in the centre, and Major Harlan the advance party in the front. From the manner in which we had formed, it fell to my lot to bring on tl^ attack. This was done with a 173 verv heavy fire on both sides, and extended back of the line to Col Tr?- ^vhere the enemy was so strong that they rushed up and brotethe r%ht wing at the first fire. Thus the enemy got fn our rear anTwe we"e compelled to retreat with the loss of seventy^se^en of our men and twelve wounded. Atterwards we wire reinforced by Col. Logan, which made our force four hun- Jred and ix'y men. We marched again to the battle ground, but frdlntth^e enemy had gone we proceeded to bury the dead We found^forty three on ihe ground, and many lay about which Te could not stay to find, hungry and weary as ^ve^vere and simewhat dubious that the enemy might not have f "^ ^^ ^^^^f; RTthVst'n we thought the Indians had exceeded tour bundled; ^vL e th^wWe of ?his militia of the county does not amount to no e than one hundred and thirty. From these facts your Ex- cellency may form an idea of our situation. I know that your own drclstances are critical, but are we to be wholly forgot- ?pn7 I hope not. I trust about five hundred men may be sent rLr asTtance immediately. If these shall be stationed a. our county lieutenants shall deem necessary, i may be the means of saving our part of the country; but if they are placed SrthedirectLof Gen. Clark, they will be of little or no service to our settlement. The Falls lie one hundred miles west of u 'and the Indians northeast; while our men are frequently called to protect them. I have encouraged the people in this counV all that I could, but I can no longer jusfJy them or my- self to risk our lives here under such extraordinary hazards The nhabitants of this county are very much alarmed at the though s of the Indians bringing another campaign into our country this ?al if this should^be^the case, it will break up these settlements I h^pe, therefore, your Excellency will take the n^^tter into youi con^d;ration, and send us some relief as quick as possible These are my sentiments without consulting any person. C.0I. Logan will. I expect, immediately send you an express, by ^vhom hum- bly request your Excellency's answer-m the meanwhile I re- "^"^"' Subscribed DANIEL BOONE. Note Q. — page 100. The Hon. R. Wicklifl'e, of the Senate of Kentucky, has no doubt that such was Col. Todd's position. I have to acknowl- edcre my indebtedness to the same gentleman, for several particu- lar^'s of the action, not generally known. He derived them from individuals who were engaged in it. 174 Note R.— page 103. I am indebted to the Hon. R. Wickliffe, for the following pa.^ ticulars of Col. John Todd : ^ ^ He was the eldest of three brothers, and a native of Pennsvlva- r^M 7%'''"^""^.<1 '" Virginia, at his uncle's-the Rev Joh^ Ser,::v'rrtfe:^~»^^^^^^ having discovered Ken.'cVy ell. Todd l"'red whrth^'H """" office AeafZ 'T'^ "'■ ^^'"^'"'"' '" Col. Henders^on-riand ITSfi , ? af "wards returned to Virginia; and, in the vear one ;rfw;; "l""' *™™ J"°'"'=' ""^ hi? friend, John May.Cd tance os™her on the ^"""'='''T- '''''^^ P™''"''^'' -"^ d^s- lef" his sfrtant wi/l^r 1"t"?J' "'''"• '''"■ ^°™'^ '=='"=^. «■• May retu^^dToTic r d, vi™ a '" c'';rT:dd''"r*° ""rr"''- ^"1' Z'^T hi r ^fTr^^" """ '" ''i^ ""n rame, and tlie other in ttotes for^^ll't" "?-'■'"• ''°"' "f '"'-'■ he ol.ained cer" uucaies lor settlements and pre-emptions of 1 400 nrv^< Ti.^. .ei;j.h"^^raTeo4alTc:[™cTa,!P^^^^^^^^^^ hi thel^J,'J,tkfn\^ Todd was appointed to succeed hini legslature? paid n'm?'^ r" ''^ '" "' '^ '^' '^"^"" auered hv ri.vi i n , ' ^-^ '''''''^'' ^^at part of Virginia con- Srive"^ was'Jl-e^^^^^ '"^' territo'ry nortinv?st of the Todd was appoined'rr ^'^^^«""ty of Illinois, of which John with aTl the S! commandant and county Lieutenant, ized by enlistZnf "''^''■', ^^ ^^^^'-^or. He was further author- fence'^f' t e ron ieT ''tl'T' ^' "'" ' >"^"^"^ ^^^ ^^^ ^- h"sdrath The r^ ?"' '^'^ government, up to the time of <.«ain^^.;Li=i^L-tt>^^^^^^^^^^^^^^^^ 175 raised four additional regiments — two for the eastern, and two for the western part of Virginia. It is supposed that Col. Joseph Crockett was promoted to the command of one of these regiments, and Colonel Todd was appointed to the other; no commission has been found, appointing him a Col. in the regular service; but depositions on file in Richmond, and old papers show that he was acting as a regular* Col. from about the time the regiments were expected to be raised. In the spring of 1780, Col. Todd was sent a delegate to the legislature of Virginia from the county of Kentucky: while attending on the legislature, he married Miss Hawkins, and re- turned again to Kentucky, and settled his wife in the fort at Lexington; but again visited the county of Illinois, and was en- gaged continually in the administration of its government and in other military affairs, so that he was seldom with his family, until the summer of 17S2, when, in the month of August, the Indians besieged Bryant's Station in great force. , [I pass over the account of the battle of the Blue Lick, which is the same as that given in the text.] Col. Todd fell in the midst of his usefulness, and in the prime of life, leaving a wife, an only child, (and that a daughter,) about twelve months old. That daughter was born in Lexington, and is supposed to be now the eldest female ever born in that place. She is the wife of R. WicklifTe, Esq., who has still in his family the Col's body servant — George; who, at the advanced age of eighty-odd years, retains his health, hearing, and intelligence, perfectly. George has passed through many trying scenes, with his master and others, and often speaks with great accuracy. He assisted, he says, to build the forts of Harrodsburg, Wdson's Sta- tion, and Lexington, and several times narrowly escaped with his life, when the parties he was with were attacked by the sav- ages. Col. Todd was a man of fine personal appearance and talents, and an accomplished gentleman; was universally beloved, and died without a stain upon his character, and it is believed without even one enemy upon earth. From the year 1778, he might be considered as residing in Illinois, (himself,) until he married in the year 1780. When he married, settling his family in Lexington, he was up to the time of his death enabled to stay but little with them, it is believed, that besides aiding in the councils held by Clark, and accompanying him in one or more of his expe- ditions, he passed the dangerous regions from Lexington to Kas- kaskia twice (and often four times) in every year. An anecdote, illustrative of the benevolence of his heart, was told by his widow, after his death, to his child: That, during the winter succeeding their marriage, the provisions of the fort at 176 Lexington became exhausted to such an extent, that, on her hus- band's return home with George one night, almost famished with hunger, she had been able to save for him a small piece of bread, about two inches square, and about a gill of milk, which she pre- sented to him ; on which he asked, if there was nothing for George? She answered, not a mouthfull. He called George, and handed him the bread and the milk, without taking any of it himself. George was tendered his liberty by the daughter, on her ar- riving at age, and often since, but he has wisely preferred to re- main with the child of his benefactor, in the state in which he left him. Note S.— page 125. I. « The names of the members of the Convention in 1787, held in Danville. Jefferson county — Richard Easton, Alexander Breckinridge, Michael Lackasang, Benjamin Sebastian, James Meriwether. Nelson county — Joseph Lewis, William McClung, John Cald- well, Isaac Cox, Matthew Walton. Fayette county — Levi Todd, John Fowler, Humphrey Mar- shall, Caleb Wallace, William Ward. Bourbon county — James Garrard, John Edwards, Benjamin Harrison, Edward Lyne, Henry Lee. . Lincoln county — Benjamin Logan, John Logan, Isaac Shelby, William Montgomery, Walker Baylor. Madison county — VVm. Irvine, John Miller, Higgerson Grubbs, Robert Rodes, David Crews. Mercer county — Samuel McDowell, Harry Innis, George Mu- ter, William Kennedy, James Speed. II. Members of the Convention in 1788. Jefferson county — Richard Taylor, Richard C. Anderson, Al- exander S. Bullitt, Abi'aham Hite, Benjamin Sebastian. Nelson county — Isaac Morrison, John Caldwell, Phillip Phillips, Joseph Barnett, James Bard. Fayette county — James Wilkinson, Caleb Wallace, Thomas Marshall, William Ward, John Allen. Bourbon county — James Garrard, John Edwards, Benjamin Harrison, John Grant, John Waller. 177 Lincoln county— Benjamin Logan, Isaac Shelby, Wm. Mont" gomery, Nathan Houston, Willis Green. Madison county — William Irvine, Geo. Adams, James French, Aaron Lewis, Higgerson Grubbs. Mercer county — Samuel McDowell, John Brown, Harry Innis, John Jouitt, Christopher Greenup. Note T.— page 126. 1 have been furnished, by a friend, with the following bio- graphical sketch of Mr. Brown : John Brown was the son of the Rev. John Brown and Marga- ret Preston, and was born in Staunton, Virginia, on the 12th of September, 1757. His father was an Irish Clergyman of the Presbyterian denomination, who settled in the county of Augusta, when it formed the western frontier of Virginia, and was for 44 years the pastor of the church at Providence meeting house. The settlement around him was at one time broken up by an incursion of Indians, all the occurrences connected with which were strong- ly impressed upon the mind of his son, who ever after retained a vivid recollection of the.m. In this secluded spot he reared a nu- merous family, who practiced through life the pure morality and virtue with which they were imbued by their pious parent. Hav- ing no patrimony to bestow upon them, he gave them the elements of a good education and trusted to their own energies to make them useful members of society. They were not brought up in the lap of luxury, but in the vigorous nurture of the western borderers, accustomed to labor in the field, to hunt in the forest and to excel in manly exercises. As a necessary consequence of such early habits, they grew up with fine physical develope- ments, and with a fearless and adventurous cast of character. His son John being the elder of the brothers, was the first to sepa- rate from the parental roof. In order to obtain for himself a more extensive education than there was an opportunity for him to procure at home, he became an assistant of the celebrated Dr. Waddell, (whose piety and eloquence have been so eloquently described by Mr. Wirt,) in a private school wiiich he at that time taught in his own house. With this interesting family he re- mained for nearly two years, and by the means thus acquired he entered Princeton College, of which institution he was a student when it was broken up by the Revolutionary War. On that occa- sion he united himself with the retreating American army, crossed the Delaware with them and remained some time in the service without being attached to any particular corps. Subsequently to 23 178 this, he volunteered in a company which was raised in Rockbrido-e for the purpose of aiding Lafayette in his military operations in Virginia, with which company he continued until it was disband- ed by order of the General. His education, which had been in- terrupted by those events was again resumed and he entered William and Mary College, after leaving which he commenced the study of the law in the office of Mr. Jefferson. The inter- course which grew out of this connexion ripened into a personal and political friendship, which remained uninterrupted until the death of Mr. Jefferson. Upon completing his legal studies he determined to emigrate to the western country, although it was at that time the theatre of dangers of the most appalling charac- ter. His first intention was to settle upon the Holstein, but af- ter a brief residence there, he determined to remove to Kentucky which he entered for the first time in the winter of seventeen hundred and eighty two. From that early date to the period of his death, embracing a span of fifty four years, he had been a resi- dent of the western country. He was a most prominent and dis- tinguished actor in the events which preceded the separation of Kentucky from Virginia, and for many years subsequent to it. No one contributed more than he did to bring about that separa- tion, and to procure for Kentucky admission into the Union as an independent State, while his eflbrts to obtain for the entire west the full benefits of an unobstructed commerce were unceas- ing and, eventually, most signally successful. In the year 17t^5, he was elected a Senator in the Virginia legislature, from the then district of Kentucky; and in 1787, the legislature elected him a member of the old Congress, intending by that election to manifest the interest which Virginia felt in her western counties. By that election he became the first member ever sent from the western country to the Congress of the United States ! What a change did he not live to see? From a region inhabited by a few thousand souls, surrounded by almost impenetrable forests, and in daily combat with ferocious savages, he has seen the tide of population flow in until the valley of the Mississippi teems with six or seven millions of inhabitants, and holds the balance of power in the National Councils! Not only did he live to see Kentucky taking her rank as an independent member of the Confederacy, but he beheld in the west, alone, eleven im- portant and powerful sovereignties where the foot of civilized man had scarcely trodden when he first visited the land. No one witnessed these almost magical changes with more patriotic pride than he did, and it was a pleasure to hear him contrast the dan- gers and difficulties which he had encountered with the secu- rity, the abundance and the happiness which now every where ^bounded. 179 Upon the formation of the New Constitution he was elected one of the first Senators from Kentucky, which distinguished honor was three times consecutively conferred upon him by the State, and he retired from public life about the close of the year 1805. He had the good fortune to enjoy the confidence of and a personal intimacy with General Washington, by whom he was honored with important commissions of a military trust, in con- junction with General Charles Scott, Benjamin Logan, Harry Innis and Isaac Shelby, with power to enlist men, commission of- ficers and carry on war at home and abroad. In conjunction with General Knox, and by the assent of General Washington, (whom he had convinced of the propriety of the proposed meas- ures,) he devised several of those military expeditions into the Indian territories which were of such signal service in suppressing the savage invasions. In one of these successful expeditions, he himself accompained the army as a volunteer in the ranks, thus lending the influence of his example to enforce his official ex- hortations. In the controversy for the Presidency between Mr. Jetferson and Colonel Burr, he being at that time president elect pro. tem. of the Senate, he advocated the claims of Mr. Jeffer- son, with zealous ardor. Mr. Jefferson's administration pressed upon him the acceptance of several highly important and lucra- tive offices under the General Goverment, all of which he de- clined. He had also the good fortune to enjoy the friendshp of Mr. Madison and Mr. Monroe, and when Mr. Monroe be- came President, that eminent patriot addressed him a letter ■wishing him to make known to the Administration in what man- ner it could testify its regard for his character and early public services. With the most distinguished men in the annals of the west he had a most friendly and intimate association. With Gen- George Rogers Clark, Governor Shelby, General Scott, Governor Madison, Judges Innis and Todd, and Col. Nicholas, and their illustrious cotemporaries, he lived upon terms of the most endear- ing intimacy. At the time of his death there was probably no man living who knew as much of the personal history of the principal men in the Revolutionary combat as he did, and being nearly, if not the very last, survivor of the old Congress, and having served three terms immediately succeeding the adoption of the New Constitution, his conversation in relation to the ac- tors and occurrences of those days was peculiarly interesting and valuable. Upon ceasing to act a part in the politics of the country, he devoted himself with great care to the duties which devolved up- on him as a private citizen. His walk through life was without a deviation from the paths of honor and rectitude, and he was a liberal contributor to every thing which had for its object th« 180 promotion of the happiness of man. As a friend, he was devoted in his attachment and unsuspicious in his temper — as a brother, no man ever enjoyed more fully that happiness which flows from fraternal harmony and confidence — as a neighbor, he was hospi- table and kind — as a master, he was liberal and indulgent, and some years before his death gave immediate emancipation to the elder of his servants, and of prospective emancipation to such as were under age — as a father and husband, he was faultless, and there was not a gray hair in his venerable head that they did not reverence. And if ever a man's children could rise up and call their father blessed, he is entitled to the benediction and the joy of that promise. As a christian, he Avas unobtrusive and fervent in his devotion ; and how a long life of active benevolence was closed, may be seen in the following statement of the concluding scene, which is from the pen of one who was privileged to be with him as a comforter in his last moments, and whose happy lot it was to witness how tranquilly and sublimely the good man and the good christian can meet the eye of the all seeing God. " It is at all times interesting and instructive, when we knoxv the manner of a man's life, to be made acquainted also with the manner of his deatii. Mr. Brown, for several weeks previous to his last confinement, complained of slight indisposition, which produced some uneasiness in the minds of his affectionate family. Every arrangement was completed for his departure to the Olympian Springs for the restoration of his health, when he was violently attacked by his disease which confined him to bed for several days. On the Sabbath following, he attended church both morning and evening, which was his invariable custom. On Sunday, August 3d, he set out for Lexington, where he remained several weeks under the care cf an eminent Physician. On Thursday, August 25, he left Lexington and reached his home on the evening of the next day. He lived until the following Tues- day morning. About half past one o'clock he breathed his last. During all his sickness, which was exceedingly distressing, his mind was clear, calm and collected. Not a cloud at any time obscured his mental vision. He knew that he was standing upon the verge of two worlds — that he was about to leave the one which was temporal, and to enter upon the other which was eternal. He knew further, that his destiny in the eternal depend- ed upon his character in the temporal world ; and yet, knowing all this, "having served his generation by the will of God," and having placed all his hopes in a Saviour's righteousness, he was undismayed by the prospect. He met death like a friend — com- mended his spirit to the Lord .Tesus, and sunk sweetly and su- blimely to rest in the bosom of his God. It was a sublime spec- tacle, to behold that venerable man — whose goodness was as un- 181 obtrusive as it was exemplary; who was a blessing to his gene- ration, to his family, and to the church with which he was con- nected as a member and an officer — fall asleep without a sigh or a struggle in the arms of death. Few persons enjoyed more of this world's honors and blessings than he did, yet few are they whose hearts are so thankful for them. It was, indeed, "by the goodness of God that he was led to repentance; " and often while he was enduring the sufferings of his last illness, would he ex- claim, "have I received good, and shall I not receive evil?" His last hours were spent in prayer and thanksgiving. Few possess- ed his benevolence — so kind to the poor, not in words only, but in deeds also — so liberal in his contributions to all objects of benevo- lence. Few were so punctual in their attendance upon the ser- vices of the sanctuary, yet he relied upon none of these for his admittance into the upper world. "I have been an unprofitable servant," Avas his dying testimony. All these, doubtless, afforded him consolation, as evidences of his change of heart ; but he said, with an emphasis, which all of his acquaintance will understand, "I rest my hopes of salvation upon my Saviour'' s righteousness.''^ It was this hope that enabled him to die the death of a christian philosopher — "Oh let me die the death of the righteous, and may my last end be like his." May this be the feeling of all who read this notice — and may they remember, that to die as he died, they must live as he lived." Mr. Brown died at his residence, in Frankfort, Kentucky, on the 29th of Aug., 1837, in the SOth year of his age. On page 31, it is erroneously stated that Kenton renounced his paternal name of Butler, and assumed that of Kenton. It should have been, that he renounced his paternal name of Kenton, and assumed that of Butler. On page 11, seventh line, for 1769, read 1679. IJ^T'COPY RIGHT SECURED. i LIBRARY OF CONGRESS 014 570 789 4 , jn!i;ij'i: ;. ,' ; ; r. 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