With this year commences the history of those troubles relative to the navigation of the Mississippi, which for so long a time produced the deepest discontent in the West. Spain had taken the American part so far as to go to war with Britain, but no treaty had yet been concluded between Congress and the powers at Madrid. Mr. Jay, however, had been appointed Minister from the United States, at the Spanish court, where he arrived in the spring of this year, and where he soon learned the grasping plans of the Southern Bourbons. These plans indeed, were in no degree concealed, the French Minister being instructed to inform Congress,

That his most Christian majesty,* being uninformed of the appointment of a minister plenipotentiary to treat of an alliance between the United States and his catholic majesty,† has signified to his minister plenipotentiary to the United States, that he wishes most earnestly for such an alliance; and in order to make the way more easy, has commanded him to communicate to the congress, certain articles, which his catholic majesty deems of great importance to the interests of his crown, and on which it is highly necessary that the United States explain themselves with precision and with such moderation, as may consist with their essential rights.

That the articles are,

1. A precise and invariable western boundary to the United States. 2. The exclusive navigation of the river Mississippi.

3. The possession of the Floridas; and,

4. The land on the left or eastern side of the river Mississippi. That on the first article, it is the idea of the cabinet of Madrid, that the United States extend to the westward no farther than settlements were permitted by the royal proclamation, bearing date the 7th day of October, 1763, (that is to say, not west of the Alleghanies.)

On the second, that the United States do not consider themselves as having any right to navigate the river Mississippi, no territory belonging to them being situated thereon.

222

Fort Jefferson built.

1780.

On the third, that it is probable the king of Spain will conquer the Floridas, during the course of the present war; and in such an event, every cause of dispute relative thereto, betwen Spain and these United States, ought to be removed.

On the fourth, that the lands lying on the east side of the Mississippi, whereon the settlements were prohibited by the aforesaid proclamation, are possessions of the crown of Great Britain, and proper objects against which the arms of Spain may be employed, for the purpose making a permanent conquest for the Spanish crown. That such conquest may, probably, be made during the present war. That, therefore, it would be advisable to restrain the southern states from making any settlements or conquests in these territories. That the council of Madrid consider the United States, as having no claim to those territories, either as not having had possession of them, before the present war, or not having any foundation for a claim in the right of the sovereignty of Great Britain, whose dominion they have abjured.*

These extraordinary claims of his Catholic Majesty were in no respect admitted during this year either by Mr. Jay or Congress, and in October a full statement of the views of the United States as to their territorial rights, was drawn up, probably by Mr. Madison, and sent to the Ambassador at Madrid.† Meantime, as Virginia considered the use of the Great Western river very necessary to her children, Governor Jefferson had ordered a fort to be constructed upon the Mississippi below the mouth of the Ohio. This was done in the spring of the year 1780, by General G. R. Clark, who was stationed at the Falls; and was named by him after the writer of the Declaration of Independence. This fort for some purposes may have been well placed, but it was a great mistake to erect it, without notice, in the country of the Chickasaws, who had thus far been true friends to the American cause. They regarded this unauthorized intrusion upon their lands as the first step in a career of conquest, and as such resented it; while the settlers of Kentucky looked upon the measure with but little favor, as it tended to diminish the available force in their stations, which were still exposed to the ceaseless hostility of the Shawanese and Wyandots. The inhabitants of these stations, meanwhile, were increasing with wonderful rapidity under the inducements presented by the land laws, and although the winter of 1779-80, was one of the most severe ever experienced in the

See Pitkin's History of the United States, ii. p. 92.

↑ Pitkin, ii. 512, 91. Life of John Jay, i. 108, &c.

1780.

Land donated for School purposes.

223

West, the wild animals being starved and frozen in the forest, while the domesticated fared no better in the settlements,- still emigrants crowded over the mountains as soon as spring opened. Three hundred large family boats arrived early in the year at the Falls; and on Beargrass creek was a population containing six hundred serviceable men.*-Nor did the swarming stop with the old settlements; in the southwest part of the State the hunter Maulding, and his four sons, built their outpost upon the Red river which empties into the Cumberland; † while, sometime in the spring of this same year, Dr. Walker, and Colonel Henderson, the first visitor and first colonist of Kentucky, tried to run the line which should divide Virginia from Carolina, (or as things are now named, Kentucky from Tennessee,) westward as far as the Mississippi; an attempt in which they failed. Nor was it to western lands and territorial boundaries alone that Virginia directed her attention at this time; in May we find her Legislature saying that, "Whereas, it is represented to this General Assembly that there are certain lands within the county of Kentucky, formerly belonging to British subjects, not yet sold under the law of escheats and forfeitures, which might at a future day be a valuable fund for the maintenance and education of youth, AND IT BEING THE INTEREST OF THIS COMMONWEALTH ALWAYS TO PROMOTE AND ENCOURAGE

EVERY DESIGN WHICH MAY TEND TO THE IMPROVEMENT OF THE MIND AND THE DIFFUSION OF USEFUL KNOWLEDGE EVEN AMONG ITS REMOTE

CITIZENS, whose situation in a barbarous neighborhood and a savage intercourse, might otherwise render unfriendly to science: be it thereenacted, that eight thousand acres of land, within the said county of Kentucky, late the property of those British subjects,|| should be vested in trustees, as a free donation from this Commonwealth for the purpose of a public school, or seminary of learning, to be erected within the said county, as soon as its circumstances and the state of its funds will permit.""

Such, and so early laid, was the foundation of the first western Seminary of literature; just five years after the forts of Boonesborough and Harrodsburg rose amidst the woods. In May of this year, as already related, St. Louis was attacked by the British and

* Butler, second edition, 99.

+ Morehead, p. 83.

Marshall, i. 113. Holmes' Annals, ii. 304, note 3d.

I There names were Robert McKenzie, Henry Collins, and Alexander McKee.

224 Invasion of Kentucky by Canadians and Indians. 1780. Indians. Nor did they confine their attentions entirely to the Spaniards and the more distant West.

In the summer of 1780, just before the return of Boone to the West, the most formidable invasion of Kentucky took place of which her annals contain any notice. A body of six hundred men, Canadians and Indians, commanded by Colonel Byrd, a British officer, and accompanied by either two or six cannon,† marched up the valley of the Licking. It first appeared, on the 22d of June, before Riddle's station on the south fork of that river, and required instant surrender. The demand could not be resisted, as the Kentucky stockades were powerless against cannon. Martin's station on the same stream was next taken; — and then, from some unexplained cause, the whole body of invaders— whose number was double that of all the fighting men east of the Kentucky river-turned right about face and hurried out of the country with all speed. The only reasonable explanation of the matter is that the British commander, horror-stricken and terrified at the excesses and cruelties of his savage allies, dared not go forward in the task-by no means a hopeless one-of depopu lating the woods of Kentucky.‡

This incursion by Byrd and his red friends, little as it had effected, was enough to cause Clark, who had just returned from his labors on Fort Jefferson, and who found at the Falls a letter from the Governor of Virginia, recommending an attack upon the Indian villages north of the Ohio-to take immediate steps for the chastisement of the savages, and especially for the destruction of the store which furnished goods to the natives. This was situated where the post destroyed by the French in 1752 had been, and was known in later days as Loramie's store. When, however, in accordance with his determination, Clark, in July, went to Harrodsburg to enlist recruits, he found the whole population crazy about land entries, Mr. May, the Surveyor, having opened his office but two months previous. The General proposed to him to shut up for a time while the Indians were attended to; the Surveyor in reply expressed a perfect willingness to do so in case General Clark would order it, but said that otherwise he had no authority to take such a step. The order was accordingly given and public notice spread abroad, accompanied by a full statement

* Ante, p. 182.

+ Butler, 110.-Marshall i. 107.-Boone's Narrative in Filson, 44.

Butler, 110.-Marshall i. 106.

1780.

Objections of New Jersey to the plan of Union.

225

of the reasons for the proceeding. The result proved, as usual, Clark's sagacity; volunteers flocked to his standard, and soon with a thousand men he was at the mouth of the Licking. Silently and swiftly from that point he proceeded to attack the town known as Chillicothe, on the Little Miami, and then the Pickaway towns on Mad river. In both attacks he succeeded; destroying the towns, burning the crops, and above all annihilating the British store above referred to, with its contents. This expedition, the first efficient one ever undertaken against the Miami nests of enemies for a time relieved Kentucky from the attack of any body of Indians sufficiently numerous to produce serious alarm.* During this period of comparative quiet those measures which led to the cession of the western lands to the United States began to assume a definite form.

Upon the 25th of June, 1778, when the articles of confederation were under discussion in Congress, the objections of New Jersey to the proposed plan of union were brought forward, and among them was this:

It was ever the confident expectation of this State, that the benefits derived from a successful contest were to be general and proportionate; and that the property of the common enemy, falling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are therefore greatly disappointed in finding no provision made in the confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands, commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought in every instance to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great Britain, previous to the present revolution, ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it in proportion to their respective abilities; and therefore the reward ought not to be predilectionally distributed. Shall such States as are shut out by situation from availing themselves of the least advantange from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy.t

* See, for a particular account of this expedition, Stipp's Miscellany, 63 to 70.-Butler 117.-Marshall i. 109.-American Pioneer, i. 346.-Boone's Narrative.-Filson's Map. + See Secret Journal, i. p. 377.