Transylvania
Total Page：16
File Type：pdf, Size：1020Kb
9 Transylvania Two IMPORTANT DUTIES FACED RICHARD HENDERSON: HE MUST provide valid land titles for his men, and he must form a govern ment that would gain their allegiance. He might easily have accomplished both had he had to consider only his own men, but he had also to deal with the land claims of James Harrod and John Floyd, both of whom had preceded him to Transylvania. In the previous year Harrod with thirty-one Pennsylvanians and Virginians had floated from Pittsburgh down the Ohio to the Kentucky and thence to the headwaters of Salt River where he laid off a settlement which he called first Harrod's Town and later Harrodsburg, the oldest settlement in present Kentucky. Unsatisfied with this acquisition, Harrod soon started another settlement at Boiling Springs, six miles from Harrodsburg, where he raised corn and made his home. He was a large man with rough manners, a hot temper and menacing black eyes. Hender son feared Harrod and wanted no trouble with him. Floyd he liked better. This young man, only twenty-five years old, had come to Kentucky with thirty Virginians just two weeks before Henderson. Now early in May 1775 he appeared in Boonesboro and asked the judge for a grant of land on reasonable terms. If his request was denied, Floyd said, he and his men would settle north of the Kentucky River outside the limits of Transylvania. Henderson decided to grant the tract, even though Floyd had served as deputy surveyor for Colonel Preston, who had brought his efforts to bear against the Transylvania colony. For the judge thought that the young Virginian had "a great share of modesty, an honest, open countenance, and no small share of good sense." Men of Floyd's caliber were greatly needed in the wilderness; he would restrain his men should they attempt any mischief. Transylvania 159 Henderson advised Floyd to settle with his company in a com pact body anywhere in the colony save on lands already marked or on those settled by Harrod. Highly pleased with his success, Floyd pledged Henderson his undivided allegiance. But Hender son felt the need of holding the younger man by a bond more powerful than his ,vord. He told Floyd that he proposed to secure harmony in the colony by providing it with an independent gov ernment. When Floyd expressed great interest in such a project, Henderson disclosed plans to summon a general convention to which each of the four settlements in the colony should send delegates. Floyd proudly embraced this scheme. Would Harrod agree to it? Would that ruffian and his "Law less men," as Henderson called them, recognize him and his asso ciates as sole proprietors of Transylvania? Would they accept the North Carolinians' titles to the land on which they had set tled? Would they respect Transylvania's laws? Time fortunately answered all these questions, in the affirmative. On May 7 Harrod and Colonel Thomas Slaughter came to Boonesboro to ask Henderson to settle a controversy which had arisen between them. Slaughter, with thirty men, also had pre ceded Henderson to Transylvania and had settled around Har rodsburg. Harrod and his men had claimed priority to the region and had substantiated their claims by marking every piece of valuable ground, building hog pens and seizing every spring within twenty miles of Harrodsburg. On the contrary, Slaughter and his company had, in conformity with Henderson's written instructions regarding settlement in T ranslyvania, industriously employed themselves in clearing land and had taken steps to plant a large crop of corn. Henderson naturally favored Slaughter in the dispute but, fearing Harrod's wrath, refrained from voicing this conviction. Instead he decided to reconcile the two men and win them to his side by a stroke of verbal strategy. Dodging the issue at hand, he talked of the existing lawlessness and of the need for a govern ment to guarantee land titles and to adjust differences over land acquisitions. Henderson then brought up the proposed plan of government which he had discussed with Floyd. Harrod and Slaughter, convinced that solutions to these problems could only 160 The Appalachian Frontier N. C. TOWNS; SETTl.EMENTS, FORTS, ETC. WIL.DERNESS ROAD WAAfllORS' PATH PRESENT STATE BOUNDARY LINEs 0'102030 , I SCALE OF MILES favor their own ends, forgot their differences, shook hands and departed from Harrodsburg "in great good humor," promising Henderson their entire support. Henderson then requested the four settlements to hold elec tions on May 20 for delegates to the convention. Boonesboro sent six, and Harrodsburg, Boiling Springs and St. Asaph-re- Transylvania 161 cently established by Captain Benjamin Logan-sent four each. Among the eighteen delegates were Daniel Boone, Squire Boone, Richard Callaway, Thomas Slaughter, James Harrod and John Floyd, all of whom Henderson praised as men disposed to serve their constituents faithfully. In a beautiful valley perfumed by wide patches of clover stood a huge elm. Its branches spread over a hundred feet. On a sunny day it threw a shado\v four times that length. In the shade of this magnificent tree gathered the delegates of Transylvania. The con vention, under the presidency of Thomas Slaughter, got under way with a great deal of flowery oratory. The clerk of the con vention read a speech written by Henderson in his grandiloquent style: You are called and assembled at this time for a noble and hon ourable purpose-a purpose, however ridiculous or idle it may appear at first view, to superficial minds, yet it is of most solid consequence; and if prudence and wisdom are permitted to influ ence your councils and direct your conduct, the peace and harmony of thousands may be expected to result from your de liberations; in short, you are about a work of the utmost impor tance to the well-being of this country in general, in which the interest and security of each and every individual is inseparably connected.... You, perhaps, are fixing the palladium, or placing the first corner-stone of an edifice, the height and magnificence of whose superstructure is now in the womb of futurity, and can become great and glorious in proportion of the excellence of its founda tion. These considerations, gentlemen, will, no doubt, animate and inspire you with sentiments worthy the grandeur of the subject.... If any doubts 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 bene ficial laws, and you may be sure of their inclination to see them enforced.... As it is indispensably necessary that laws should be composed for the regulation of our conduct, as we have the right to make 16: The Appalachian Frontier such laws without giving offense to Great Britain, or any of the American colonies, without disturbing the repose of any society or community under heaven; as it is probable, nay, certain, that the laws may derive force and efficacy from our mutual consent, and that consent resulting from our own virtue, interest, and con venience, nothing remains but to set about the business immedi ~tely, and let the event determine the wisdom of our undertak Ing.... Henderson went on to suggest that the convention establish courts, organize a militia and pass legislation to preserve game and to punish errant hunters. He also declared himself against "vice and immorality." The settlers replied through one of their delegates, perhaps William Cocke, by thanking Henderson "for the care and atten tion" he had manifested toward their "infant country." "Veil aware that the lack of government might mean confusion and anarchy, they pledged their vigorous support in providing for one "not doubting but unanimity "viIi insure our success." The style and sentiment of the speech was so similar to Henderson's that historians suspect the judge of having written it also: That we have an absolute right, as a political body, without giving umbrage to Great Britain, or any of the colonies, to frame rules for the government of our little society, can not be doubted by any sensible, unbiased mind-and being without the jurisdic tion of, and not answerable to any of his Majesty's courts, the constituting tribunals of justice shall be a matter of our first con templation. The expression of loyalty to the British government indicates that the Transylvanians were unaware of Lexington and Concord and of General Gage's defeat in Boston. Politically they still considered themselves subjects of George III, though spiritually they were Americans who had found his tyranny hard to bear long before they left for the wilderness. The convention lasted several days and ended with an incident that disclosed Henderson's love of color and ceremony. Stand ing under the big elm in the presence of the delegates, Henderson Transylvania 163 and John Farrar, one of the lawyers representing the Indians, perfonned the feudal ceremony of "Livery of Seizin." Farrar handed Henderson a piece of turf dug from the ground on which they stood. \Vhile both men held it Farrar formally declared delivery of seizin and proclaimed Henderson in full possession of Transylvania. The applause was loud and long. The convention adopted a constitution which, despite Hender son's assurances, showed little respect for democratic principles. Though it granted "perfect religious freedom and general tolera tion," it placed most of the power of government in the hands of the proprietors. It empowered them to appoint the justices of the supreme COUTtS, the sheriff and "all other civil and military officers." It placed the executive power solely in the proprietors' hands.