Of course the conquest by the backwoodsmen was by no means the sole cause of our acquisition of the west. The sufferings and victories of the westerners would have counted for nothing, had it not been for the success of the American arms in the east, and for the skill of our three treaty-makers at Paris—Jay, Adams, and Franklin, but above all the two former, and especially Jay. On the other hand, it was the actual occupation and holding of the country that gave our diplomats their vantage-ground. When the treaty was made, in 1782, the commissioners of the United States represented a people already holding the whole Ohio Valley, as well as the Illinois. The circumstances of the treaty were peculiar; but here they need to be touched but briefly, and only so far as they affected the western boundaries. The United States, acting together with France and Spain, had just closed a successful war with England; but when the peace negotiations were begun, they speedily found that their allies were, if any thing, more anxious than their enemy to hamper their growth. England, having conceded the grand point of independence, was disposed to be generous, and not to haggle about lesser matters. Spain, on the contrary, was quite as hostile to the new nation as to England. Through her representative, Count Aranda, she predicted the future enormous expansion of the Federal Republic at the expense of Florida, Louisiana, and Mexico, unless it was effectually curbed in its youth. The prophecy has been strikingly fulfilled, and the event has thoroughly justified Spain's fear; for the major part of the present territory of the United States was under Spanish dominion at the close of the Revolutionary war. Spain, therefore, proposed to hem in our growth by giving us the Alleghanies for our western boundary. [Footnote: At the north this boundary was to follow the upper Ohio, and end towards the foot of Lake Erie. See maps at end of volume.] France was the ally of America; but as between America and Spain, she favored the latter. Moreover, she wished us to remain weak enough to be dependent upon her further good graces. The French court, therefore, proposed that the United States should content themselves with so much of the trans-Alleghany territory as lay round the head-waters of the Tennessee and between the Cumberland and Ohio. This area contained the bulk of the land that was already settled [Footnote: Excluding only so much of Robertson's settlement as lay south of the Cumberland, and Clark's conquest.]; and the proposal showed how important the French court deemed the fact of actual settlement.
Thus the two allies of America were hostile to her interests. The open foe, England, on the contrary was anxious to conclude a separate treaty, so that she might herself be in better condition to carry on negotiations with France and Spain; she cared much less to keep the west than she did to keep Gibraltar, and an agreement with the United States about the former left her free to insist on the retention of the latter. Congress, in a spirit of slavish subserviency, had instructed the American commissioners to take no steps without the knowledge and advice of France. Franklin was inclined to obey these instructions; but Jay, supported by Adams, boldly insisted on disregarding them; and accordingly a separate treaty was negotiated with England. In settling the claims to the western territory, much stress was laid on the old colonial charters; but underneath all the verbiage it was practically admitted that these charters conferred merely inchoate rights, which became complete only after conquest and settlement. The States themselves had already by their actions shown that they admitted this to be the case. Thus North Carolina, when by the creation of Washington County—now the State of Tennessee—she rounded out her boundaries, specified them as running to the Mississippi. As a matter of fact the royal grant, under which alone she could claim the land in question, extended to the Pacific; and the only difference between her rights to the regions east and west of the river was that her people were settling in one, and could not settle in the other. The same was true of Kentucky, and of the west generally; if the States could rightfully claim to run to the Mississippi, they could also rightfully claim to run to the Pacific. The colonial charters were all very well as furnishing color of title; but at bottom the American claim rested on the peculiar kind of colonizing conquest so successfully carried on by the backwoodsmen. When the English took New Amsterdam they claimed it under old charters; but they very well knew that their real right was only that of the strong hand. It was precisely so with the Americans and the Ohio valley. They produced old charters to support their title; but in reality it rested on Clark's conquests and above all on the advance of the backwoods settlements. [Footnote: Mr. R. A. Hinsdale, in his excellent work on the "Old Northwest" (New York, 1888), seems to me to lay too much stress on the weight which our charter-claims gave us, and too little on the right we had acquired by actual possession. The charter-claims were elaborated with the most wearisome prolixity at the time; but so were the English claims to New Amsterdam a century earlier. Conquest gave the true title in each case; the importance of a claim is often in inverse order to the length at which it is set forth in a diplomatic document. The west was gained by: (1) the westward movement of the backwoodsmen during the Revolution; (2) the final success of the Continental armies in the east; (3) the skill of our diplomats at Paris; failure on any one of these three points would have lost us the west.
Mr. Hinsdale seems to think that Clark's conquest prevented the Illinois from being conquered from the British by the Spaniards; but this is very doubtful. The British at Detroit would have been far more likely to have conquered the Spaniards at St. Louis; at any rate there is small probability that they would have been seriously troubled by the latter. The so-called Spanish conquest of St. Joseph was not a conquest at all, but an unimportant plundering raid.
The peace negotiations are best discussed in John Jay's chapter thereon, in the seventh volume of Winsor's "Narrative and Critical History of North America." Sparks' account is fundamentally wrong on several points. Bancroft largely follows him, and therefore repeats and shares his errors.]
This view of the case is amply confirmed by a consideration of what was actually acquired under the treaty of peace which closed the Revolutionary struggle. Map-makers down to the present day have almost invariably misrepresented the territorial limits we gained by this treaty. They represent our limits in the west in 1783 as being the Great Lakes, the Mississippi, and the 31st parallel of latitude from the Mississippi to the Chattahoochee; [Footnote: The map in Mr. Hinsdale's book may be given as a late instance.] but in reality we did not acquire these limits until a dozen years later, by the treaties of Jay and Pinckney. Two points must be kept in mind: first, that during the war our ally, Spain, had conquered from England that portion of the Gulf coast known as West Florida; and second, that when the treaty was made the United States and Great Britain mutually covenanted to do certain things, some of which were never done. Great Britain agreed to recognize the lakes as our northern boundary, but, on the alleged ground that we did not fulfil certain of our promises, she declined to fulfil this agreement, and the lake posts remained in her hands until the Jay treaty was ratified. She likewise consented to recognize the 31st parallel as our southern boundary, but by a secret article it was agreed that if by the negotiations she recovered West Florida, then the boundary should run about a hundred miles farther north, ending at the mouth of the Yazoo. The discovery of this secret article aroused great indignation in Spain. As a matter of fact, the disputed territory, the land drained by the Gulf rivers, was not England's to grant, for it had been conquered and was then held by Spain. Nor was it given up to us until we acquired it by Pinckney's masterly diplomacy. The treaty represented a mere promise which in part was not and in part could not be fulfilled. All that it really did was to guarantee us what we already possessed—that is, the Ohio valley and the Illinois, which we had settled and conquered during the years of warfare. Our boundary lines were in reality left very vague. On the north the basin of the Great Lakes remained British; on the south the lands draining into the Gulf remained Spanish, or under Spanish influence. The actual boundaries we acquired can be roughly stated in the north to have followed the divide between the waters of the lake and the waters of the Ohio, and in the south to have run across the heads of the Gulf rivers. Had we remained a loose confederation these boundaries, would more probably have shrunk than advanced; we did not overleap them until some years after Washington had become the head of a real, not merely a titular, nation. The peace of 1783, as far as our western limits were affected, did nothing more than secure us undisturbed possession of lands from which it had proved impossible to oust us. We were in reality given nothing more than we had by our own prowess gained; the inference is strong that we got what we did get only because we had won and held it.
The Backwoods Governments.
The first duty of the backwoodsmen who thus conquered the west was to institute civil government. Their efforts to overcome and beat back the Indians went hand in hand with their efforts to introduce law and order in the primitive communities they founded; and exactly as they relied purely on themselves in withstanding outside foes, so they likewise built up their social life and their first systems of government with reference simply to their special needs, and without any outside help or direction. The whole character of the westward movement, the methods of warfare, of settlement, and government, were determined by the extreme and defiant individualism of the backwoodsmen, their inborn independence and self-reliance, and their intensely democratic spirit. The west was won and settled by a number of groups of men, all acting independently of one another, but with a common object, and at about the same time. There was no one controlling spirit; it was essentially the movement of a whole free people, not of a single master-mind. There were strong and able leaders, who showed themselves fearless soldiers and just law-givers, undaunted by danger, resolute to persevere in the teeth of disaster; but even these leaders are most deeply interesting because they stand foremost among a host of others like them. There were hundreds of hunters and Indian fighters like Mansker, Wetzel, Kenton, and Brady; there were scores of commonwealth founders like Logan, Todd, Floyd, and Harrod; there were many adventurous land speculators like Henderson; there were even plenty of commanders like Shelby and Campbell. These were all men of mark; some of them exercised a powerful and honorable influence on the course of events in the west. Above them rise four greater figures, fit to be called not merely State or local, but national heroes. Clark, Sevier, Robertson, and Boon are emphatically American worthies. They were men of might in their day, born to sway the minds of others, helpful in shaping the destiny of the continent. Yet of Clark alone can it be said that he did a particular piece of work which without him would have remained undone. Sevier, Robertson, and Boon only hastened, and did more perfectly, a work which would have been done by others had they themselves fallen by the wayside. [Footnote: Sevier's place would certainly have been taken by some such man as his chief rival, Tipton. Robertson led his colony to the Cumberland but a few days before old Mansker led another; and though without Robertson the settlements would have been temporarily abandoned, they would surely have been reoccupied. If Henderson had not helped Boon found Kentucky, then Hart or some other of Henderson's associates would doubtless have done so; and if Boon had been lacking, his place would probably have been taken by some such man as Logan. The loss of these men would have been very serious, but of no one of them can it be said, as of Clark, that he alone could have done the work he actually did.] Important though they are for their own sakes, they are still more important as types of the men who surrounded them.
The individualism of the backwoodsmen, however, was tempered by a sound common-sense, and capacity for combination. The first hunters might come alone or in couples, but the actual colonization was done not by individuals, but by groups of individuals. The settlers brought their families and belongings either on pack-horses along the forest trails, or in scows down the streams; they settled in palisaded villages, and immediately took steps to provide both a civil and military organization. They were men of facts, not theories; and they showed their usual hard common-sense in making a government. They did not try to invent a new system; they simply took that under which they had grown up, and applied it to their altered conditions. They were most familiar with the government of the county; and therefore they adopted this for the framework of their little independent, self-governing commonwealths of Watauga, Cumberland, and Transylvania. [Footnote: The last of these was the most pretentious and short-lived and least characteristic of the three, as Henderson made an abortive effort to graft on it the utterly foreign idea of a proprietary colony.]
They were also familiar with the representative system; and accordingly they introduced it into the new communities, the little forted villages serving as natural units of representation. They were already thoroughly democratic, in instinct and principle, and as a matter of course they made the offices elective, and gave full play to the majority. In organizing the militia they kept the old system of county lieutenants, making them elective, not appointive; and they organized the men on the basis of a regiment, the companies representing territorial divisions, each commanded by its own officers, who were thus chosen by the fighting men of the fort or forts in their respective districts. Thus each of the backwoods commonwealths, during its short-lived term of absolute freedom, reproduced as its governmental system that of the old colonial county, increasing the powers of the court, and changing the justices into the elective representatives of an absolute democracy. The civil head, the chairman of the court or committee, was also usually the military head, the colonel-commandant. In fact the military side of the organization rapidly became the most conspicuous, and, at least in certain crises, the most important. There were always some years of desperate warfare during which the entire strength of the little commonwealth was drawn on to resist outside aggression, and during these years the chief function of government was to provide for the griping military needs of the community, and the one pressing duty of its chief was to lead his followers with valor and wisdom in the struggle with the stranger. [Footnote: My friend, Professor Alexander Johnson, of Princeton, is inclined to regard these frontier county organizations as reproductions of a very primitive type of government indeed, deeming that they were formed primarily for war against outsiders, that their military organization was the essential feature, the real reason for their existence. I can hardly accept this view in its entirety; though fully recognizing the extreme importance of the military side of the little governments, it seems to me that the preservation of order, and especially the necessity for regulating the disposition of the land, were quite as powerful factors in impelling the settlers to act together. It is important to keep in mind the territorial organization of the militia companies and regiments; a county and a regiment, a forted village and a company, were usually coextensive.]
These little communities were extremely independent in feeling, not only of the Federal Government, but of their parent States, and even of one another. They had won their positions by their own courage and hardihood; very few State troops and hardly a Continental soldier had appeared west of the Alleghanies. They had heartily sympathized with their several mother colonies when they became the United States, and had manfully played their part in the Revolutionary war. Moreover they were united among themselves by ties of good-will and of services mutually rendered. Kentucky, for instance, had been succored more than once by troops raised among the Watauga Carolinians or the Holston Virginians, and in her turn she had sent needed supplies to the Cumberland. But when the strain of the war was over the separatist spirit asserted itself very strongly. The groups of western settlements not only looked on the Union itself very coldly, but they were also more or less actively hostile to their parent States, and regarded even one another as foreign communities; [Footnote: See in Gardoqui MSS. the letters of George Rogers Clark to Gardoqui, March 15, 1788; and of John Sevier to Gardoqui, September 12, 1788; and in the Robertson MS. the letter of Robertson to McGillivray, August 3, 1788. It is necessary to allude to the feeling here; but the separatist and disunion movements did not gather full force until later, and are properly to be considered in connection with post-revolutionary events.] they considered the Confederation as being literally only a lax league of friendship.