Virginia, we conceive, can claim this Country [Kentucky] with the greatest justice and propriety, its within the Limits of their Charter. They Fought and bled for it. And had it not been for the memorable Battle, at the Great Kanaway those vast regions had yet continued inaccessable.—The Harrodsburg Petition. June 7-15, 1776.
It was fortunate for the Watauga settlers that the Indians and the whites were on the most peaceful terms with each other at the time the Watauga Valley was shown, by the running of the boundary line, to lie within the Indian reservation. With true American self reliance, the settlers met together for deliberation and counsel, and deputed James Robertson and John Been, as stated by Tennessee’s first historian, “to treat with their landlords, and agree upon articles of accommodation and friendship. The attempt succeeded. For though the Indians refused to give up the land gratuitously, they consented, for a stipulated amount of merchandise, muskets, and other articles of convenience, to lease all the country on the waters of the Watauga.” In addition to the land thus leased for ten years, several other tracts were purchased from the Indians by Jacob Brown, who reoccupied his former location on the Nolichucky.
In taking this daring step, the Watauga settlers moved into the spotlight of national history. For the inevitable consequence of leasing the territory was the organization of a form of government for the infant settlement. Through his familiarity with the North Carolina type of “association,” in which the settlers had organized for the purpose of “regulating” abuses, and his acquaintance with the contents of the “Impartial Relation,” in which Husband fully expounded the principles and practices of this association, Robertson was peculiarly fitted for leadership in organizing this new government. The convention at which Articles of Association, unfortunately lost, were drawn up, is noteworthy as the first governmental assemblage of free-born American citizens ever held west of the Alleghanies. The government then established was the first free and independent government, democratic in spirit, representative in form, ever organized upon the American continent. In describing this mimic republic, the royal Governor of Virginia says: “They appointed magistrates, and framed laws for their present occasion, and to all intents and purposes, erected themselves into, though an inconsiderable, yet a separate State.” The most daring spirit in this little state was the young John Sevier, of French Huguenot family (originally spelled Xavier), born in Augusta County, Virginia, on September 23, 1745. It was from Millerstown in Shenandoah County where he was living the uneventful life of a small farmer, that he emigrated (December, 1773) to the Watauga region. With his arrival there begins one of the most fascinating and romantic careers recorded in the varied arid stirring annals of the Old Southwest. In this daring and impetuous young fellow, fair-haired, blue-eyed, magnetic, debonair—of powerful build, splendid proportions, and athletic skill—we hold the gallant exemplar of the truly heroic life of the border. The story of his life, thrilling in the extreme, is rich in all the multi-colored elements which impart romance to the arduous struggle of American civilization in the opening years of the republic.
The creative impulses in the Watauga commonwealth are hinted at by Dunmore, who serves, in the letter above quoted, that Watauga “sets a dangerous example to the people America, of forming governments distinct from and independent of his Majesty’s authority.”
It is true that the experiment was somewhat limited. The organization of the Watauga association, which constituted a temporary expedient to meet a crisis in the affairs of a frontier community cut off by forest wilderness and mountain barriers from the reach of the arm of royal or provincial government, is not to be compared with the revolutionary assemblage at Boonesborough, May 23, 1775, or with the extraordinary demands for independence in Mecklenburg County, North Carolina, during the same month. Nevertheless the Watauga settlers defied both North Carolina and the Crown, by adopting the laws of Virginia and by ignoring Governor Josiah Martin’s proclamation (March 26, 1774) “requiring the said settlers immediately to retire from the Indian Territories.” Moreover, Watauga really was the parent of a series of mimic republics in the Old Southwest, gradually tending toward higher forms of organization, with a larger measure of individual liberty. Watauga, Transylvania, Cumberland, Franklin represent the evolving political genius of a free people under the creative leadership of three constructive minds—James Robertson, John Sevier, and Richard Henderson. Indeed, Watauga furnished to Judge Henderson precisely the “dangerous example” of which Dunmore prophetically speaks.
Immediately upon his return in 1771 from the extended exploration of Kentucky, Daniel Boone as already noted was engaged as secret agent, to treat with the Cherokees for the lease or purchase of the trans-Alleghany region, on behalf of Judge Henderson and his associates. Embroiled in the exciting issues of the Regulation and absorbed by his confining duties as colonial judge, Henderson was unable to put his bold design into execution until after the expiration of the court itself which ceased to exist in 1773. Disregarding the royal proclamation of 1763 and Locke’s Fundamental Constitutions for the Carolinas, which forbade private parties to purchase lands from the Indians, Judge Henderson applied to the highest judicial authorities in England to know if there was any law in existence forbidding purchase of lands from the Indian tribes. Lord Mansfield gave Judge Henderson the “sanction of his great authority in favor of the purchase.” Lord Chancellor Camden and Mr. Yorke had officially advised the King in 1757, in regard to the petition of the East Indian Company, “that in respect to such territories as have been, or shall be acquired by treaty or grant from the Great Mogul, or any of the Indian princes or governments, your Majesty’s letters patent are NOT NECESSARY; the property of the soil vesting in the company by the Indian grant subject only to your Majesties right of sovereignty over the settlements, as English settlements, and over the inhabitants, as English subjects, who carry with them your Majesties laws wherever they form colonies, and receive your Majesties protection by virtue of your royal charters.” This opinion, with virtually no change, was rendered in regard to the Indian tribes of North America by the same two authorities, certainly as early as 1769; and a true copy, made in London, April 1, 1772, was transmitted to Judge Henderson. Armed with the legal opinions received from England, Judge Henderson was fully persuaded that there was no legal bar whatsoever to his seeking to acquire by purchase from the Cherokees the vast domain of the trans-Alleghany. A golden dream of empire, with its promise of an independent republic in the form of a proprietary colony, casts him under the spell of its alluring glamour.
In the meantime, the restless Boone, impatient over the delay in the consummation of Judge Henderson’s plans, resolved to establish himself in Kentucky upon his own responsibility. Heedless of the question of title and the certain hazards incident to invading the territory of hostile savages, Boone designated a rendezvous in Powell’s Valley where he and his party of five families were to be met by a band under the leadership of his connections, the Bryans, and another company led by Captain William Russell, a daring pioneer of the Clinch Valley. A small detachment of Boone’s party was fiercely attacked by Shawanoes in Powell’s Valley on October 10, 1773, and almost all were killed, including sons of Boone and Russell, and young John and Richard Mendenhall of Guilford County, North Carolina. As the result of this bloody repulse, Boone’s attempt to settle in Kentucky at this time was definitely abandoned. His failure to effect a settlement in Kentucky was due to that characteristic disregard of the territorial rights of the Indians which was all too common among the borderers of that period.
This failure was portentous of the coming storm. The reign of the Long Hunters was over. Dawning upon the horizon was the day of stern adventurers, fixed in the desperate and lawless resolve to invade the trans-Alleghany country and to battle savagely with the red man for its possession. More successful than Boone was the McAfee party, five in number, from Botetourt County, Virginia, who between May 10th and September 1, 1773, safely accomplished a journey through Kentucky and carefully marked well-chosen sites for future location.” An ominous incident of the time was the veiled warning which Cornstalk, the great Shawanoe chieftain, gave to Captain Thomas Bullitt, head of a party of royal surveyors, sent out by Lord Dunmore, Governor of Virginia. Cornstalk at Chillicothe, June 7, 1773, warned Bullitt concerning the encroachments of the whites, “designed to deprive us,” he said, “of the hunting of the country, as usual . . . the hunting we stand in need of to buy our clothing.” During the preceding summer, George Rogers Clark, an aggressive young Virginian, with a small party, had descended the Ohio as low as Fish Creek, where he built a cabin; and in this region for many months various parties of surveyors were busily engaged in locating and surveying lands covered by military grants. Most significant of the ruthless determination of the pioneers to occupy by force the Kentucky area was the action of the large party from Monongahela, some forty in number, led by Captain James Harrod, who penetrated to the present Miller County, where in June, 1774, they made improvements and actually laid out a town.
A significant, secretly conducted movement, of which historians have taken but little account, was now in progress under the manipulation of Virginia’s royal governor. As early as 1770 Dr. John Connolly proposed the establishment of an extensive colony south of the Ohio; and the design of securing such territory from the Indians found lodgment in the mind of Lord Dunmore. But this design was for the moment thwarted when on October 28, 1773, an order was issued from the Privy Council chamber in Whitehall granting an immense territory, including all of the present West Virginia and the land alienated to Virginia by Donelson’s agreement with the Cherokees (1772), to a company including Thomas Walpole, Samuel Wharton, Benjamin Franklin, and others. This new colony, to be named “Vandalia,” seemed assured. A clash between Dunmore and the royal authorities was imminent; for Virginia under her sea-to-sea charter claimed the vast middle region of the continent, extending without known limit to west and northwest. Moreover, Dunmore was interested in great land speculations on his own account; and while overtly vindicating Virginia’s claim to the trans-Alleghany by despatching parties of surveyors to the western wilderness to locate and survey lands covered by military grants, he with the collusion of certain members of the “Honourable Board,” his council, as charged by Washington, was more than “lukewarm,” secretly restricting as rigorously as he dared the extent and number of the soldiers’ allotments. According to the famous Virginia Remonstrance, he was in league with “men of great influence in some of the neighboring states” to secure, under cover of purchases from the Indians, large tracts of country between the Ohio and the Mississippi.” In shaping his plans Dunmore had the shrewd legal counsel of Patrick Henry, who was equally intent upon making for himself a private purchase from the Cherokees. It was Henry’s legal opinion that the Indiana purchase from the Six Nations by the Pennsylvania traders at Fort Stanwix (November 5, 1768) was valid; and that purchase by private individuals from the Indians gave full and ample title. In consequence of these facts, William Murray, in behalf of himself and his associates of the Illinois Land Company, and on the strength of the Camden Yorke decision, purchased two large tracts, on the Illinois and Ohio respectively, from the Illinois Indians (July 5, 1773); and in order to win the support of Dunmore, who was ambitious to make a fortune in land speculation, organized a second company, the Wabash (Ouabache) Land Company, with the governor as the chief share-holder. In response to Murray’s petition on behalf of the Illinois Land Company, Dunmore (May, 1774) recommended it to Lord Dartmouth, Secretary of State for the Colonies, and urged that it be granted; and in a later letter he disingenuously disclaimed any personal interest in the Illinois speculation.
The party of surveyors sent out under the direction of Colonel William Preston, on the request of Washington and other leading eastern men, in 1774 located lands covered by military grants on the Ohio and in the Kentucky area for prominent Virginians, including Washington, Patrick Henry, William Byrd, William Preston, Arthur Campbell, William Fleming, and Andrew Lewis, among others, and also a large tract for Dr. Connolly. Certain of these grants fell within the Vandalia area; and in his reply (September 10, 1774) to Dunmore’s letter, Lord Dartmouth sternly censured Dunmore for allowing these grants, and accused the white settlers of having brought on, by such unwarrantable aggressions, the war then raging with the Indians. This charge lay at the door of Dunmore himself; and there is strong evidence that Dunmore personally fomented the war, ostensibly in support of Virginia’s charter rights, but actually in order to further his own speculative designs.” Dunmore’s agent, Dr. Connolly, heading a party posing as Virginia militia, fired without provocation upon a delegation of Shawanoe chiefs assembled at Fort Pitt (January, 1774). Taking advantage of the alarming situation created by the conflict of the claims of Virginia and Pennsylvania, Connolly, inspired by Dunmore without doubt, then issued an incendiary circular (April 21, 1774), declaring a state of war to exist. Just two weeks before the Battle of the Great Kanawha, Patrick Henry categorically stated, in conversation with Thomas Wharton:
“…that he was at Williamsburg with Ld. D. when Dr. Conolly first came there, that Conolly is a chatty, sensible man, and informed Ld. Dunmore of the extreme richness of the lands which lay on both sides of the Ohio; that the prohibitory orders which had been sent him relative to the land on the hither side (or Vandalia) had caused him to turn his thoughts to the opposite shore, and that as his Lordship was determined to settle his family in America he was really pursueing this war, in order to obtain by purchase or treaty from the natives a tract of territory on that side; he then told me that he was convinced from every authority that the law knew, that a purchase from the natives was as full and ample a title as could be obtained, that they had Lord Camden and Mr. York’s opinion on that head, which opinion with some others that Ld. Dunmore had consulted, and with the knowledge Conolly had given him of the quality of the country and his determined resolution to settle his family on this continent, were the real motives or springs of the present expedition.”
At this very time, Patrick Henry, in conjunction with William Byrd 3d and others, was negotiating for a private purchase of lands from the Cherokees; and when Wharton, after answering Henry’s inquiry as to where he might buy Indian goods, remarked: “It’s not possible you mean to enter the Indian trade at this period,” Henry laughingly replied: “The wish-world is my hobby horse.” “From whence I conclude,” adds Wharton, “he has some prospect of making a purchase of the natives, but where I know not.”
The war, thus promulgated, we believe, at Dunmore’s secret instigation and heralded by a series of ghastly atrocities, came on apace. After the inhuman murder of the family of Logan, the Indian chieftain, by one Greathouse and his drunken companions (April 30th), Logan, who contrary to romantic views was a blackhearted and vengeful savage, harried the Tennessee and Virginia borders, burning and slaughtering. Unable to arouse the Cherokees, owing to the opposition of Atta-kulla-kulla, Logan as late as July 21st said in a letter to the whites: “The Indians are not angry, only myself,” and not until then did Dunmore begin to give full execution to his warlike plans. The best woodsmen of the border, Daniel Boone and the German scout Michael Stoner, having been despatched on July 27th by Colonel William Preston to warn the surveyors of the trans-Alleghany, made a remarkable journey on foot of eight hundred miles in sixty-one days. Harrod’s company at Harrodsburg, a company of surveyors at Fontainebleau, Floyd’s party on the Kentucky, and the surveyors at Mann’s Lick, this warned, hurried in to the settlements and were saved. Meanwhile, Dunmore, in command of the Virginia forces, invaded territory guaranteed to the Indians by the royal proclamation of 1763 and recently (1774) added to the province of Quebec, a fact of which he was not aware, conducted a vigorous campaign, and fortified Camp Charlotte, near Old Chillicothe. Andrew Lewis, however, in charge of the other division of Dunmore’s army, was the one destined to bear the real brunt and burden of the campaign. His division, recruited from the very flower of the pioneers of the Old Southwest, was the most representative body of borderers of this region that up to this time had assembled to measure strength with the red men. It was an army of the true stalwarts of the frontier, with fringed leggings and hunting-capes, rifles and powder-horns, hunting-knives and tomahawks.
The Battle of the Great Kanawha, at Point Pleasant, was fought on October 10, 1774, between Lewis’s force, eleven hundred strong, and the Indians, under Cornstalk, somewhat inferior in numbers. It was a desultory action, over a greatly extended front and in very brushy country between Crooked Creek and the Ohio. Throughout the long day, the Indians fought with rare craft and stubborn bravery—loudly cursing the white men, cleverly picking off their leaders, and derisively inquiring, in regard to the absence of the fifes: “Where are your whistles now?” Slowly retreating, they sought to draw the whites into an ambuscade and at a favorable moment to “drive the Long Knives like bullocks into the river.” No marked success was achieved on either side until near sunset, when a flank movement directed by young Isaac Shelby alarmed the Indians, who mistook this party for the expected reinforcement under Christian, and retired across the Ohio. In the morning the whites were amazed to discover that the Indians, who the preceding day so splendidly heeded the echoing call of Cornstalk, “Be strong! Be strong!”, had quit the battlefield and left the victory with the whites.
The peace negotiated by Dunmore was durable. The governor had accomplished his purpose, defied the authority of the crown, and vindicated the claim of Virginia, to the enthusiastic satisfaction of the backwoodsmen. While tendering their thanks to him and avowing their allegiance to George III, at the close of the campaign, the borderers proclaimed their resolution to exert all their powers “for the defense of American liberty, and for the support of her just rights and privileges, not in any precipitous, riotous or tumultuous manner, but when regularly called forth by the unanimous voice of our countrymen.” Dunmore’s War is epochal, in that it procured for the nonce a state of peace with the Indians, which made possible the advance of Judge Henderson over the Transylvania Trail in 1775, and, through his establishment of the Transylvania Fort at Boonesborough, the ultimate acquisition by the American Confederation of the imperial domain of the trans-Alleghany.