The Repulse of the Red Men

To this short war may be properly attributed all the kind feelings and fidelity to treaty stipulations manifested by the Cherokees ever afterwards. General Rutherford instilled into the Indians so great a fear of the whites, that never afterwards were they disposed to engage in any cruelty, or destroy any of the property of our frontier men.

—David L. Swain:
The Indian War of 1776.

During the summer of 1775 the proprietors of Transylvania were confronted with two stupendous tasks—that of winning the favor and support of the frontiersmen and that of rallying the rapidly dwindling forces in Kentucky in defense of the settlements. Recognizing the difficulty of including Martin's Station, because of its remoteness, with the government provided for Transylvania, Judge Henderson prepared a plan of government for the group of settlers located in Powell's Valley. In a letter to Martin (July 30th), in regard to the recent energetic defense of the settlers at that point against the Indians, Henderson says: "Your spirited conduct gives me much pleasure.… Keep your men in heart if possible, now is our time, the Indians must not drive us." The gloom which had been occasioned by the almost complete desertion of the stations at Harrodsburg, the Boiling Spring, and the Transylvania Fort or Boonesborough was dispelled with the return of Boone, accompanied by some thirty persons, on September 8th, and of Richard Callaway with a considerable party on September 26th. The crisis was now passed; and the colony began for the first time really to flourish. The people on the south side of the Kentucky River universally accepted proprietary rule for the time being. But the seeds of dissension were soon to be sown among those who settled north of the river, as well as among men of the stamp of James Harrod, who, having preceded Henderson in the establishment of a settlement in Kentucky, naturally resented holding lands under the Transylvania Company.

The great liberality of this organization toward incoming settlers had resulted in immense quantities of land being taken up through their land-office. [177] The ranging, hunting, and road-building were paid for by the company; and the entire settlement was furnished with powder, lead, and supplies, wholly on credit, for this and the succeeding year. "Five hundred and sixty thousand acres of land are now entered," reports Floyd on December 1st, "and most of the people waiting to have it run out." [178] After Dunmore, having lost his hold upon the situation, escaped to the protection of a British vessel, the Fowey, Colonel Preston continued to prevent surveys for officers' grants within the Transylvania territory; and his original hostility to Judge Henderson gave place to friendship and support.

On December 1st, Colonel John Williams, resident agent of the Transylvania Company, announced at Boonesborough the long-contemplated and widely advertised advance in price of the lands, from twenty to fifty shillings per hundred acres, with surveying fees of four dollars for tracts not exceeding six hundred and forty acres. [179] At a meeting of the Transylvania legislature, convened on December 21st, John Floyd was chosen surveyor general of the colony, Nathaniel Henderson was placed in charge of the Entering Office, and Richard Harrison given the post of secretary. At this meeting of the legislature, the first open expression of discontent was voiced in the "Harrodsburg Remonstrance," questioning the validity of the proprietors' title, and protesting against any increase in the price of lands, as well as the taking up by the proprietors and a few other gentlemen of the best lands at the Falls of the Ohio. Every effort was made to accommodate the remonstrants, who were led by Abraham Hite. Office fees were abolished, and the payment of quit-rents was deferred until January 1, 1780. Despite these efforts at accommodation, grave doubts were implanted by this Harrodsburg Remonstrance in the minds of the people; and much discussion and discontent ensued.

By midsummer, 1775, George Rogers Clark, a remarkably enterprising and independent young pioneer, was "engrossing all the land he could" in Kentucky. Upon his return to Virginia, as he relates, he "found there was various oppinions Respecting Henderson claim. many thought it go[o]d, others douted whether or not Virginia coud with propriety have any pretentions to the cuntrey." [180] Jefferson displayed a liberal attitude toward the claims of the Transylvania proprietors; and Patrick Henry openly stated that, in his opinion, "their claim would stand good." But many others, of the stamp of George Mason and George Washington, vigorously asserted Virginia's charter rights over the Western territory. [181] This sharp difference of opinion excited in Clark's mind the bold conception of seizing the leadership of the country and making terms with Virginia under threat of secession.

With the design of effecting some final disposition in regard to the title of the Transylvania proprietors, Judge Henderson and Colonel Williams set off from Boonesborough about May 1st, intending first to appeal to the Virginia Convention and ultimately to lay their claims before the Continental Congress. "Since they have gone," reports Floyd to Preston, "I am told most of the men about Harrodsburg have re-assumed their former resolution of not complying with any of the office rules whatever. Jack Jones, it is said, is at the head of the party & flourishes away prodigiously." [182] John Gabriel Jones was the mere figurehead in the revolt. The real leader, the brains of the conspiracy, was the unscrupulous George Rogers Clark. At Clark's instance, an eight-day election was held at Harrodsburg (June 7-15), at which time a petition to the Virginia Convention was drawn up; [183] and Clark and Jones were elected delegates. Clark's plan, the scheme of a bold revolutionist, was to treat with Virginia for terms; and if they were not satisfactory, to revolt and, as he says, "Establish an Independent Government" … "giving away great part of the Lands and disposing of the Remainder." In a second petition, prepared by the self-styled "Committee of West Fincastle" (June 20th), it was alleged that "if these pretended Proprietors have leave to continue to act in their arbitrary manner out the controul of this colony [Virginia] the end must be evident to every well wisher to American Liberty." [184]

The contest which now ensued between Richard Henderson and George Rogers Clark, waged upon the floor of the convention and behind the scenes, resulted in a conclusion that was inevitable at a moment in American history marked by the signing of the Declaration of Independence. Virginia, under the leadership of her new governor, Patrick Henry, put an end to the proprietary rule of the Transylvania Company. On December 7th such part of Transylvania as lay within the chartered limits of Virginia was erected by the legislature of that colony into the County of Kentucky. The proprietary form of government with its "marks of vassalage," although liberalized with the spirit of democracy, was unendurable to the independent and lawless pioneers, already intoxicated with the spirit of freedom swept in on the first fresh breezes of the Revolution. Yet it is not to be doubted that the Transylvania Company, through the courage and moral influence of its leaders, made a permanent contribution to the colonization of the West, which, in providential timeliness and effective execution, is without parallel in our early annals. [185]

While events were thus shaping themselves in Kentucky—events which made possible Clark's spectacular and meteoric campaign in the Northwest and ultimately resulted in the establishment of the Mississippi instead of the Alleghanies as the western boundary of the Confederation—the pioneers of Watauga were sagaciously laying strong the foundations of permanent occupation. In September, 1775, North Carolina, through her Provincial Congress, provided for the appointment in each district of a Committee of Safety, to consist of a president and twelve other members. Following the lead thus set, the Watauga settlers assumed for their country the name of "Washington District"; and proceeded by unanimous vote of the people to choose a committee of thirteen, which included James Robertson and John Sevier. This district was organized "shortly after October, 1775," according to Felix Walker; and the first step taken after the election of the committee was the organization of a court, consisting of five members. Felix Walker was elected clerk of the court thus organized, and held the position for about four years. James Robertson and John Sevier, it is believed, were also members of this court. To James Robertson who, with the assistance of his colleagues, devised this primitive type of frontier rule—a true commission form of government, on the "Watauga Plan"—is justly due distinctive recognition for this notable inauguration of the independent democracy of the Old Southwest. The Watauga settlement was animated by a spirit of deepest loyalty to the American cause. In a memorable petition these hardy settlers requested the Provincial Council of North Carolina not to regard them as a "lawless mob," but to "annex" them to North Carolina without delay. "This committee (willing to become a party in the present unhappy contest)", states the petition, which must have been drafted about July 15, 1776, "resolved (which is now on our records), to adhere strictly to the rules and orders of the Continental Congress, and in open committee acknowledged themselves indebted to the united colonies their full proportion of the Continental expense." [186]