1775.

Henderson's Legislature.

141

agree upon a form of government, and to make laws for the conduct of the inhabitants. From the journal of this primitive legislature, we find that, besides Boonesboro', three settlements were represented, viz: Harrodsburgh, which had been founded by James Harrod in 1774, though afterwards for a time abandoned, in consequence of Dunmore's war; the Boiling-spring settlement, also headed by James Harrod, who had returned to the west early in 1775; and St. Asaph, in Lincoln county, where Benjamin Logan, who is said to have crossed the mountains with Henderson, was building himself a station, well known in the troubles with the Indians which soon followed.

The labors of this first of Western legislatures were fruitless, as the Transylvania colony was soon transformed into the county of Kentucky, and yet some notice of them seems proper. There were present seventeen representatives; they met about fifty yards from the banks of the Kentucky, under the budding branches of a vast elm, while around their feet sprang the native white clover, as a carpet for their hall of legislation. When God's blessing had been asked by the Rev. John Lythe, Colonel Henderson offered an address on behalf of the Proprietors, from which we select a few paragraphs illustrative of the spirit of the men and times.

Our peculiar circumstances in this remote country, surrounded on all sides with difficulties, and equally subject to one common danger, which threatens our common overthrow, must, I think, in their effects, secure to us an union of interests, and consequently, that harmony in opinion, so essential to the forming good, wise, and wholesome laws. If any doubt remain amongst you with respect to the force or efficacy of whatever laws, you now, or hereafter make, be pleased to consider that all power is originally in the people; therefore, make it their interest, by impartial and beneficial laws, and you may be sure of their inclination to see them enforced. For it is not to be supposed that a people, anxious and desirous to have laws made, who approve of the method of choosing delegates, or representatives, to meet in general Convention for that purpose, can want the necessary and concomitant virtue to carry them into execution.

Nay, gentlemen, for argument's sake, let us set virtue for a moment out of the question, and see how the matter will then stand. You must admit that it is, and ever will be, the interest of a large majority that the laws should be esteemed and held sacred; if so, surely this large majority can never want inclination or power to give sanction and

142

Henderson's Speech.

1775.

efficacy to those very laws, which advance their interest and secure their property.

Among the many objects that must present themselves for your consideration, the first in order, must, from its importance, be that of esta blishing Courts of Justice, or tribunals for the punishment of such as may offend against the laws you are about to make. As this law will be the chief corner stone in the ground-work or basis of our constitution, let us in a particular manner recommend the most dispassionate attention, while you take for your guide as much of the spirit and genius of the laws of England, as can be interwoven with those of this country. We are all Englishmen, or, what amounts to the same, ourselves and our fathers have, for many generations, experienced the invaluable blessings of that most excellent constitution, and surely we cannot want motives to copy from so noble an original.

Many things, no doubt, crowd upon your minds, and seem equally to demand your attention; but next to that of restraining vice and immorality, surely nothing can be of more importance than establishing some plain and easy method for the recovery of debts, and determining matters of dispute with respect to property, contracts, torts, injuries, &c. These things are so essential, that if not strictly attended to, our name will become odious abroad, and our peace of short and precarious duration, it would give honest and disinterested persons cause to suspect that there was some colorable reason at least, for the unworthy and scandalous assertions, together with the groundless insinuations contained in an infamous and scurrilous libel* lately printed and published, concerning the settlement of this country, the author of which avails himself of his station, and under the specious pretence of proclamation, pompously dressed up and decorated in the garb of authority, has uttered invectives of the most malignant kind, and endeavours to wound the good name of persons, whose moral character would derive little advantage by being placed in comparison with his, charging them amongst other things equally untrue, with a design "of forming an asylum for debtors and other persons of desperate circumstances;" placing the proprietors of the soil at the head of a lawless train of abandoned villains, against whom the regal authority ought to be exerted, and every possible measure taken to put an immediate stop to so dangerous an enterprise.

I have not the least doubt, gentlemen, but that your conduct in this convention will manifest the honest and laudable intentions of the present adventurers, whilst the conscious blush confounds the wilful calumniators and officious detractors of our infant, and as yet, little community.

Governor Dunmore's Proclamation.

1775.

Transylvania organized.

143

Next to the establishment of courts or tribunals, as well for the punishment of public offenders as the recovering of just debts, that of establishing and regulating a militia, seems of the greatest importance; it is apparent, that without some wise institution, respecting our mutual defence, the different towns or settlements are every day exposed to the most imminent danger, and liable to be destroyed at the mere will of the savage Indians. Nothing, I am persuaded, but their entire ignorance of our weakness and want of order, has hitherto preserved us from the destructive and rapacious hands of cruelty, and given us an opportunity at this time of forming secure defensive plans to be supported and carried into execution by the authority and sanction of a well-digested law.

There are sundry other things, highly worthy your consideration, and demand redress; such as the wanton destruction of our game, the only support of life amongst many of us, and for want of which the country would be abandoned ere to-morrow, and scarcely a probability remain of its ever becoming the habitation of any Christian people. This, together with the practice of many foreigners, who make a business of hunting in our country, killing, driving off, and lessening the number of wild cattle and other game, whilst the value of the skins and furs, is appropriated to the benefit of persons not concerned or interested in our settlement: these are evils, I say, that I am convinced cannot escape your notice and attention.*

To this the representatives of the infant Commonwealth replied, by stating their readiness to comply with the recommendations of the Proprietor, as being just and reasonable, and proceeded, with praiseworthy diligence, to pass the necessary acts. They were in session three working days, in which time, they enacted the nine following laws;-one for establishing courts; one for punishing crimes; a third for regulating the militia; a fourth for punishing swearing and Sabbath-breaking; a fifth providing for writs of attachment; a sixth fixing fees; and three others for preserving the range, improving the breed of horses, and preserving game. In addition to these laws, this working House of Delegates prepared a Compact, to be the basis of relationship between the people and owners of Transylvania: some of its leading articles were these

1st. That the election of delegates in this colony, be annual,

2d. 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

See Butler's Kentucky, p. 508.

144

Indians and British.

1775 a majority does not attend, they may dissolve them and call a new

one.

3d. That to prevent dissention and delay of business, one proprietor shall act for the whole, or some one delegated by them for that purpose, who shall always reside in the colony.

4th. That there be a perfect religious freedom and general toleration -Provided that the propagators of any doctrine or tenets, widely tending to the subversion of our laws, shall for such conduct be amenable to, and punishable by the civil courts.

5th. That the judges of Superior or Supreme Courts be appointed by the proprietors, but be supported by the people, and to them be answerable for their mal-conduct.

9th. That the judges of the inferior courts be recommended by the people, and approved of by the proprietors, and by them commissioned. 10th. That all civil and military officers be within the appointment of the proprietors.

11th. That the office of Surveyor General, belong to no person in terested, or a partner in this purchase.

12th. That the legislative authority, after the strength and maturity 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, residing in the colony, and the proprietors.

17th. That the convention have the sole power of raising and appropriating all public monies, and electing their treasurer.*

On the 27th of May this Legislature adjourned to meet again upon the first Thursday of the next September,-though we do not hear that it ever did so.

From the time of the unpopular treaty of Camp Charlotte, the western people had been apprehensive of extensive injury to the American frontiers from the Indians, instigated by agents reaching them through Canada, whenever the expected outbreak with England took place. Nor was it long before the Americans in the north saw the dangers to be feared from the action of the Indians, influenced by the British and early in April, 1775, the Provincial Congress of Massachusetts wrote to the Reverend Samuel Kirkland, then a missionary among the Oneidas, informing him, that, having heard that the English were trying to attach the Six Nations to their interest, it had been thought proper to ask the several tribes, through him, to stand neutral. Steps were also taken to secure the co-operation, if possible, of the Penobscot

* See Butler's Kentucky, p. 514.

1775.

The British and Indians.

145

and Stockbridge Indians; the latter of whom replied, that, though they never could understand what the quarrel between the Provinces and old England was about, yet they would stand by the Americans. They also offered to "feel the mind" of the Iroquois, and try to bring them over."

But the Iroquois were not to be easily won over by any means. Sir William Johnson, so long the King's agent among them, and to whom they looked with the confidence of children in a father, had died suddenly, in June, 1774, and the wild men had been left under the influence of Colonel Guy Johnson, Sir William's son-in-law, who succeeded him as Superintendent, and of John Johnson, Sir William's son, who succeeded to his estates and honors. Both these men were Tories; and their influence in favor of England was increased by that of the celebrated Joseph Brant. This trio, acting in conjunction with some of the rich old royalists along the Mohawk, opposed the whole movement of the Bosto nians, the whole spirit of the Philadelphia Congress, and every attempt, open or secret, in favor of the rebels. Believing Mr. Kirkland to be little better than a Whig in disguise, and fearing that he might alienate the tribe, in which he was, from their old faith, and, through them, influence the others, the Johnsons, while the war was still bloodless, made strong efforts to remove him from his position.

Nor were the fears of the Johnsons groundless, as is shown by the address of the Oneida Indians to the New England Governors, in which they state their intention of remaining neutral during so unnatural a quarrel as that just then commencing. But this intention the leading tribe of the great Indian confederacy meant to disturb, if possible. The idea was suggested, that Guy Johnson was in danger of being seized by the Bostonians, and an attempt was made to rally about him the savages as a body-guard; while he, on his part, wrote to the neighboring magistrates, holding out to them, as a terror, the excitement of the Indians, and the dangers to be feared from their rising, if he were seized, or their rights interfered with.

So stood matters in the Mohawk valley, during the month of May, 1775. The Johnsons were gathering a little army, which soon amounted to five hundred men; and the Revolutionary committees, resolute never to yield one hair's breadth, "never to submit to any arbitrary acts of any power under heaven," were Stone, vol. i. pp. 55-58.-Sparks' Washington, vol. iii. pp. 495, 496.