The Conquest of the Old Southwest Part 4

Boone and Stewart were forced to pilot the Indians to their main camp, where the savages, after robbing them of all their peltries and supplies and leaving them inferior guns and little ammunition, set off to the northward. They left, on parting, this menacing admonition to the white intruders: "Now, brothers, go home and stay there. Don't come here any more, for this is the Indians' hunting-ground, and all the animals, skins, and furs are ours. If you are so foolish as to venture here again, you may be sure the wasps and yellow jackets will sting you severely."

Chagrined particularly by the loss of the horses, Boone and Stewart for two days pursued the Indians in hot haste. Finally approaching the Indians' camp by stealth in the dead of night, they secured two of the horses, upon which they fled at top speed. In turn they were immediately pursued by a detachment of the Indians, mounted upon their fleetest horses; and suffered the humiliation of recapture two days later. Indulging in wild hilarity over the capture of the crestfallen whites, the Indians took a bell from one of the horses and, fastening it about Boone's neck, compelled him under the threat of brandished tomahawks to caper about and jingle the bell, jeering at him the while with the derisive query, uttered in broken English: "Steal horse, eh?" With as good grace as they could summon--wry smiles at best--Boone and Stewart patiently endured these humiliations, following the Indians as captives. Some days later (about January 4, 1770), while the vigilance of the Indians was momentarily relaxed, the captives suddenly plunged into a dense canebrake and in the subsequent confusion succeeded in effecting their escape.

Finding their camp deserted upon their return, Boone and Stewart hastened on and finally overtook their companions. Here Boone was both surprised and delighted to encounter his brother Squire, loaded down with supplies. Having heard nothing from Boone, the partners of the land company had surmised that he and his party must have run short of ammunition, flour, salt, and other things sorely needed in the wilderness; and because of their desire that the party should remain, in order to make an exhaustive exploration of the country, Squire Boone had been sent to him with supplies. Findlay, Holden, Mooney, and Cooley returned to the settlements; but Stewart, Squire Boone, and Alexander Neely, who had accompanied Squire, threw in their lot with the intrepid Daniel, and fared forth once more to the stirring and bracing adventures of the Kentucky wilderness. In Daniel Boone's own words, he expected "from the furs and peltries they had an opportunity of taking ... to recruit his shattered circ.u.mstances; discharge the debts he had contracted by the adventure; and shortly return under better auspices, to settle the newly discovered country."

Boone and his party now stationed themselves near the mouth of the Red River, and soon provided themselves, against the hard.

s.h.i.+ps of the long winter, with jerk, bear's oil, buffalo tallow, dried buffalo tongues, fresh meat, and marrow-bones as food, and buffalo robes and bearskins as shelter from the inclement weather. Neely had brought with him, to while away dull hours, a copy of "Gulliver's Travels"; and in describing Neely's successful hunt for buffalo one day, Boone in after years amusingly deposed: "In the year 1770 I encamped on Red River with five other men, and we had with us for our amus.e.m.e.nt the History of Samuel Gulliver's Travels, wherein he gave an account of his young master, Glumdelick, careing him on market day for a show to a town called Lulbegrud. A young man of our company called Alexander Neely came to camp and told us he had been that day to Lulbegrud, and had killed two Brobdignags in their capital." Far from unlettered were pioneers who indulged together in such literary chat and gave to the near-by creek the name (after Dean Swift's Lorbrugrud) of Lulbegrud which name, first seen on Filson's map of Kentucky (1784), it bears to this day. From one of his long, solitary hunts Stewart never returned; and it was not until five years later, while cutting out the Transylvania Trail, that Boone and his companions discovered, near the old crossing at Rockcastle, Stewart's remains in a standing hollow sycamore. The wilderness never gave up its tragic secret.

The close of the winter and most of the spring were pa.s.sed by the Boones, after Neely's return to the settlements, in exploration, hunting, and trapping beaver and otter, in which sport Daniel particularly excelled. Owing to the drain upon their ammunition, Squire was at length compelled to return to the settlements for supplies; and Daniel, who remained alone in the wilderness to complete his explorations for the land company, must often have shared the feelings of Balboa as, from lofty k.n.o.b or towering ridge, he gazed over the waste of forest which spread from the dim out lines of the Alleghanies to the distant waters of the Mississippi. He now proceeded to make those remarkable solitary explorations of Kentucky which have given him immortality--through the valley of the Kentucky and the Licking, and along the "Belle Riviere" (Ohio) as low as the falls. He visited the Big Bone Lick and examined the wonderful fossil remains of the mammoth found there. Along the great buffalo roads, worn several feet below the surface of the ground, which led to the Blue Licks, he saw with amazement and delight thousands of huge s.h.a.ggy buffalo gamboling, bellowing, and making the earth rumble beneath the trampling of their hooves. One day, while upon a cliff near the junction of the Kentucky and d.i.c.k's Rivers, he suddenly found himself hemmed in by a party of Indians. Seizing his only chance of escape, he leaped into the top of a maple tree growing beneath the cliffs and, sliding to safety full sixty feet below, made his escape, pursued by the sound of a chorus of guttural "Ughs" from the dumbfounded savages.

Finally making his way back to the old camp, Daniel was rejoined there by Squire on July 27, 1770. During the succeeding months, much of their time was spent in hunting and prospecting in Jessamine County, where two caves are still known as Boone's caves. Eventually, when ammunition and supplies had once more run low, Squire was compelled a second time to return to the settlements. Perturbed after a time by Squire's failure to rejoin him at the appointed time, Daniel started toward the settlements, in search of him; and by a stroke of good fortune encountered him along the trail. Overjoyed at this meeting (December, 1770) the indomitable Boones once more plunged into the wilderness, determined to conclude their explorations by examining the regions watered by the Green and c.u.mberland rivers and their tributaries. In after years, Gasper Mansker, the old German scout, was accustomed to describe with comic effect the consternation created among the Long Hunters, while hunting one day on Green River, by a singular noise which they could not explain. Stealthily slipping from tree to tree, Mansker finally beheld with mingled surprise and amus.e.m.e.nt a hunter, bareheaded, stretched flat upon his back on a deerskin spread on the ground, singing merrily at the top of his voice! It was Daniel Boone, joyously whiling away the solitary hours in singing one of his favorite songs of the border. In March, 1771, after spending some time in company with the Long Hunters, the Boones, their horses laden with furs, set their faces homeward. On their return journey, near c.u.mberland Gap, they had the misfortune to be surrounded by a party of Indians who robbed them of their guns and all their peltries. With this humiliating conclusion to his memorable tour of exploration, Daniel Boone, as he himself says, "once more reached home after experiencing hards.h.i.+ps which would defy credulity in the recital."

Despite the hards.h.i.+ps and the losses, Boone had achieved the ambition of years: he had seen Kentucky, which he "esteemed a second paradise." The reports of his extended explorations, which he made to Judge Henderson, were soon communicated to the other partners of the land company; and their letters of this period, to one another, bristle with glowing and minute descriptions of the country, as detailed by their agent. Boone was immediately engaged to act in the company's behalf to sound the Cherokees confidentially with respect to their willingness to lease or sell the beautiful hunting-grounds of the trans-Alleghany. The high hopes of Henderson and his a.s.sociates at last gave promise of brilliant realization. Daniel Boone's glowing descriptions of Kentucky excited in their minds, says a gifted early chronicler, the "spirit of an enterprise which in point of magnitude and peril, as well as constancy and heroism displayed in its execution, has never been paralleled in the history of America."

CHAPTER XI. The Regulators

It is not a persons labour, nor yet his effects that will do, but if he has but one horse to plow with, one bed to lie on, or one cow to give a little milk for his children, they must all go to raise money which is not to be had. And lastly if his personal estate (sold at one tenth of its value) will not do, then his lands (which perhaps has cost him many years of toil and labour) must go the same way to satisfy, these cursed hungry caterpillars, that are eating and will eat out the bowels of our Commonwealth, if they be not pulled down from their nests in a very short time.--George Sims: A Serious Address to the Inhabitants of Granville County, containing an Account of our deplorable Situation we suffer .... and some necessary Hints with Respect to a Reformation. June 6, 1765.

It is highly probable that even at the time of his earlier explorations in behalf of Richard Henderson and Company, Daniel Boone antic.i.p.ated speedy removal to the West. Indeed, in the very year of his first tour in their interest, Daniel and his wife Rebeckah sold all their property in North Carolina, consisting of their home and six hundred and forty acres of land, and after several removals established themselves upon the upper Yadkin.

This removal and the later western explorations just outlined were due not merely to the spirit of adventure and discovery.

Three other causes also were at work. In the first place there was the scarcity of game. For fifteen years the s.h.i.+pments of deerskins from Bethabara to Charleston steadily increased; and the number of skins bought by Gammern, the Moravian storekeeper, ran so high that in spite of the large purchases made at the store by the hunters he would sometimes run entirely out of money. Tireless in the chase, the far roaming Boone was among "the hunters, who brought in their skins from as far away as the Indian lands"; and the beautiful upland pastures and mountain forests, still teeming with deer and bear, doubtless lured him to the upper Yadkin, where for a time in the immediate neighborhood of his home abundance of game fell before his unerring rifle.

Certainly the deer and other game, which were being killed in enormous numbers to satisfy the insatiable demand of the traders at Salisbury, the Forks, and Bethabara, became scarcer and scarcer; and the wild game that was left gradually fled to the westward. Terrible indeed was the havoc wrought among the elk; and it was reported that the last elk was killed in western North Carolina as early as 1781.

Another grave evil of the time with which Boone had to cope in the back country of North Carolina was the growth of undisguised outlawry, similar to that found on the western plains of a later era. This ruthless brigand age arose as the result of the unsettled state of the country and the exposed condition of the settlements due to the Indian alarms. When rude borderers, demoralized by the enforced idleness attendant upon fort life during the dark days of Indian invasion, sallied forth upon forays against the Indians, they found much valuable property--horses, cattle, and stock--left by their owners when hurriedly fleeing to the protection of the frontier stockades.

The temptations thus afforded were too great to resist; and the wilder spirits of the backwoods, with hazy notions of private rights, seized the property which they found, slaughtered the cattle, sold the horses, and appropriated to their own use the temporarily abandoned household goods and plantation tools. The stealing of horses, which were needed for the cultivation of the soil and useful for quickly carrying unknown thieves beyond the reach of the owner and the law, became a common practice; and was carried on by bands of outlaws living remote from one another and acting in collusive concert.

Toward the end of July, 1755, when the Indian outrages upon the New River settlements in Virginia had frightened away all the families at the Town Fork in the Yadkin country, William Owen, a man of Welsh stock, who had settled in the spring of 1752 in the upper Yadkin near the Mulberry Fields, was suspected of having robbed the storekeeper on the Meho. Not long afterward a band of outlaws who plundered the exposed cabins in their owners'

absence, erected a rude fort in the mountain region in the rear of the Yadkin settlements, where they stored their ill-gotten plunder and made themselves secure from attack. Other members of the band dwelt in the settlements, where they concealed their robber friends by day and aided them by night in their nefarious projects of theft and rapine.

The entire community was finally aroused by the bold depredations of the outlaws; and the most worthy settlers of the Yadkin country organized under the name of Regulators to break up the outlaw band. When it was discovered that Owen, who was well known at Bethabara, had allied himself with the highwaymen, one of the justices summoned one hundred men; and seventy, who answered the call, set forth on December 26, 1755, to seek out the outlaws and to destroy their fortress. Emboldened by their success, the latter upon one occasion had carried off a young girl of the settlements. Daniel Boone placed himself at the head of one of the parties, which included the young girl's father, to go to her rescue; and they fortunately succeeded in effecting the release of the frightened maiden. One of the robbers was apprehended and brought to Salisbury, where he was thrown into prison for his crimes. Meanwhile a large amount of plunder had been discovered at the house of one Cornelius Howard; and the evidences of his guilt so multiplied against him that he finally confessed his connection with the outlaw band and agreed to point out their fort in the mountains.

Daniel Boone and George Boone joined the party of seventy men, sent out by the colonial authorities under the guidance of Howard, to attack the stronghold of the bandits. Boone afterward related that the robbers' fort was situated in the most fitly chosen place for such a purpose that he could imagine--beneath an overhanging cliff of rock, with a large natural chimney, and a considerable area in front well stockaded. The frontiersmen surrounded the fort, captured five women and eleven children, and then burned the fort to the ground. Owen and his wife, c.u.mberland, and several others were ultimately made prisoners; but Harman and the remainder of the band escaped by flight. Owen and his fellow captives were then borne to Salisbury, incarcerated in the prison there, and finally (May, 1756) condemned to the gallows. Owen sent word to the Moravians, pet.i.tioning them to adopt his two boys and to apprentice one to a tailor, the other to a carpenter. But so infuriated was Owen's wife by Howard's treachery that she branded him as a second Judas; and this at once fixed upon him the sobriquet "Judas"

Howard-a sobriquet he did not live long to bear, for about a year later he was ambushed and shot from his horse at the crossing of a stream. He thus paid the penalty of his betrayal of the outlaw band. For a number of years, the Regulators continued to wage war against the remaining outlaws, who from time to time committed murders as well as thefts. As late as January, 1768, the Regulators caught a horse thief in the Hollows of Surry County and brought him to Bethabara, whence Richter and s.p.a.ch took him to the jail at Salisbury. After this year, the outlaws were heard of no more; and peace reigned in the settlements.

Colonel Edmund Fanning--of whom more anon--declared that the Regulation began in Anson County which bordered upon South Carolina. Certain it is that the upper country of that province was kept in an uproar by civil disturbances during this early period. Owing to the absence of courts in this section, so remote from Charleston, the inhabitants found it necessary, for the protection of property and the punishment of outlaws, to form an a.s.sociation called, like the North Carolina society, the Regulation. Against this a.s.sociation the horse thieves and other criminals made common cause, and received tacit support from certain more reputable persons who condemned "the irregularity of the Regulators." The Regulation which had been thus organized in upper South Carolina as early as 1764 led to tumultuous risings of the settlers; and finally in the effort to suppress these disorders, the governor, Lord Charles Montagu, appointed one Scovil, an utterly unworthy representative, to carry out his commands. After various disorders, which became ever more unendurable to the law-abiding, matters came to a crisis (1769) as the result of the high-handed proceedings of Scovil, who promiscuously seized and flung into prison all the Regulators he could lay hands on. In the month of March the back country rose in revolt against Scovil and a strong body of the settlers was on the point of attacking the force under his command when an eleventh-hour letter arrived from Montagu, dismissing Scovil from office. Thus was happily averted, by the narrowest of margins, a threatened precursor of the fight at Alamance in 1771 (see Chapter XII). As the result of the pet.i.tion of the Calhouns and others, courts were established in 1760, though not opened until four years later. Many horse thieves were apprehended, tried, and punished. Justice once more held full sway.

Another important cause for Boone's removal from the neighborhood of Salisbury into the mountain fastnesses was the oppressive administration of the law by corrupt sheriffs, clerks, and tax-gatherers, and the dissatisfaction of the frontier squatters with the owners of the soil. At the close of the year 1764 reports reached the town of Wilmington, after the adjournment of the a.s.sembly in November, of serious disturbances in Orange County, due, it was alleged, to the exorbitant exactions of the clerks, registers, and some of the attorneys. As a result of this disturbing news, Governor Dobbs issued a proclamation forbidding any officer to take illegal fees. Troubles had been brewing in the adjacent county of Granville ever since the outbreak of the citizens against Francis Corbin, Lord Granville's agent (January 24, 1759), and the issuance of the pet.i.tion of Reuben Searcy and others (March 23d) protesting against the alleged excessive fees taken and injustices practised by Robert (Robin) Jones, the famous lawyer. These disturbances were c.u.mulative in their effect; and the people at last (1765 ) found in George Sims, of Granville, a fit spokesman of their cause and a doughty champion of popular rights. In his "Serious Address to the Inhabitants of Granville County, containing an Account of our deplorable Situation we suffer ... and some necessary Hints with Respect to a Reformation," recently brought to light, he presents a crus.h.i.+ng indictment of the clerk of the county court, Samuel Benton, the grandfather of Thomas Hart Benton. After describing in detail the system of semi-peonage created by the merciless exactions of lawyers and petty court officials, and the insatiable greed of "these cursed hungry caterpillars," Sims with rude eloquence calls upon the people to pull them down from their nests for the salvation of the Commonwealth.

Other abuses were also recorded. So exorbitant was the charge for a marriage-license, for instance, that an early chronicler records "The consequence was that some of the inhabitants on the head-waters of the Yadkin took a short cut. They took each other for better or for worse; and considered themselves as married without further ceremony." The extraordinary scarcity of currency throughout the colony, especially in the back country, was another great hards.h.i.+p and a perpetual source of vexation. All these conditions gradually became intolerable to the uncultured but free spirited men of the back country. Events were slowly converging toward a crisis in government and society. Independent in spirit, turbulent in action, the backwoodsmen revolted not only against excessive taxes, dishonest sheriffs, and extortionate fees, but also against the rapacious practices of the agents of Lord Granville. These agents industriously picked flaws in the t.i.tles to the lands in Granville's proprietary upon which the poorer settlers were seated; and compelled them to pay for the land if they had not already done so, or else to pay the fees twice over and take out a new patent as the only remedy of the alleged defect in their t.i.tles. In Mecklenburg County the spirit of backwoods revolt flamed out in protest against the proprietary agents. Acting under instructions to survey and close bargains for the lands or else to eject those who held them, Henry Eustace McCulloh, in February, 1765, went into the county to call a reckoning. The settlers, many of whom had located without deeds, indignantly retorted by offering to buy only at their own prices, and forbade the surveyors to lay out the holdings when this smaller price was declined. They not only terrorized into acquiescence those among them who were willing to pay the amount charged for the lands, but also openly declared that they would resist by force any sheriff in ejectment proceedings. On May 7th an outbreak occurred; and a mob, led by Thomas Polk, set upon John Frohock, Abraham Alexander, and others, as they were about to survey a parcel of land, and gave them a severe thras.h.i.+ng, even threatening the young McCulloh with death.

The choleric backwoodsmen, instinctively in agreement with Francis Bacon, considered revenge as a sort of wild justice.

Especial objects of their animosity were the brothers Frohock, John and Thomas, the latter clerk of the court at Salisbury, and Edmund Fanning, a cultured gentleman-adventurer, a.s.sociate justice of the superior court. So rapacious and extortionate were these vultures of the courts who preyed upon the vitals of the common people, that they were savagely lampooned by Rednap Howell, the backwoods poet-laureate of the Regulation. The temper of the back country is well caught in Howell's lines anent this early American "grafter", the favorite of the royal governor:

When Fanning first to Orange came, He looked both pale and wan; An old patched coat was on his back, An old mare he rode on.

Both man and mare wan't worth five pounds, As I've been often told; But by his civil robberies, He's laced his coat with gold.

The germs of the great westward migration in the coming decade were thus working among the people of the back country. If the tense nervous energy of the American people is the transmitted characteristic of the border settlers, who often slept with loaded rifle in hand in grim expectation of being awakened by the hideous yells, the deadly tomahawk, and the lurid firebrand of the savage, the very buoyancy of the national character is in equal measure "traceable to the free democracy founded on a freehold inheritance of land." The desire for free land was the fundamental factor in the development of the American democracy.

No colony exhibited this tendency more signally than did North Carolina in the turbulent days of the Regulation. The North Carolina frontiersmen resented the obligation to pay quit-rents and firmly believed that the first occupant of the soil had an indefeasible right to the land which he had won with his rifle and rendered productive by the implements of toil. Preferring the dangers of the free wilderness to the paying of tribute to absentee landlords and officials of an intolerant colonial government, the frontiersman found t.i.tle in his trusty rifle rather than in a piece of parchment, and was p.r.o.ne to pay his obligations to the owner of the soil in lead rather than in gold.

CHAPTER XII. Watauga--Haven of Liberty

The Regulators despaired of seeing better times and therefore quitted the Province. It is said 1,500 departed since the Battle of Alamance and to my knowledge a great many more are only waiting to dispose of their plantations in order to follow them.--Reverend Morgan Edwards, 1772.

The five years (1766-1771) which saw the rise, development, and ultimate defeat of the popular movement known as the Regulation, const.i.tute a period not only of extraordinary significance in North Carolina but also of fruitful consequences in the larger movements of westward expansion. With the resolute intention of having their rulers "give account of their stewards.h.i.+p," to employ their own words, the Sandy Creek a.s.sociation of Baptists (organized in 1758), in a series of papers known as Regulators'

Advertis.e.m.e.nts (1766-8) proceeded to mature, through popular gatherings, a rough form of initiative and referendum. At length, discouraged in its efforts, and particularly in the attempt to bring county officials to book for charging illegal fees, this a.s.sociation ceased actively to function. It was the precursor of a movement of much more drastic character and formidable proportions, chiefly directed against Colonel Edmund Fanning and his a.s.sociates. This movement doubtless took its name, "the Regulation," from the bands of men already described who were organized first in North Carolina and later in South Carolina, to put down highwaymen and to correct many abuses in the back country, such as the tyrannies of Scovil and his henchmen.

Failing to secure redress of their grievances through legal channels, the Regulators finally made such a powerful demonstration in support of their refusal to pay taxes that Governor William Tryon of North Carolina, in 1768, called out the provincial militia, and by marching with great show of force through the disaffected regions, succeeded temporarily in overawing the people and thus inducing them to pay their a.s.sessments.

The suits which had been brought by the Regulators against Edmund Fanning, register, and Francis Nash, clerk, of Orange County, resulted in both being "found guilty of taking too high fees."

Fanning immediately resigned his commission as register; while Nash, who in conjunction with Fanning had fairly offered in 1766 to refund to any one aggrieved any fee charged by him which the Superior Court might hold excessive, gave bond for his appearance at the next court. Similar suits for extortion against the three Froliocks in Rowan County in 1769 met with failure, however; and this outcome aroused the bitter resentment of the Regulators, as recorded by Herman Husband in his "Impartial Relation." During this whole period the insurrectionary spirit of the people, who felt themselves deeply aggrieved but recognized their inability to secure redress, took the form of driving local justices from the bench and threatening court officials with violence.

At the session of the Superior Court at Hillsborough, September 22, 1770, an elaborate pet.i.tion prepared by the Regulators, demanding unprejudiced juries and the public accounting for taxes by the sheriffs, was handed to the presiding justice by James Hunter, a leading Regulator. This justice was our acquaintance, Judge Richard Henderson, of Granville County, the sole high officer in the provincial government from the entire western section of the colony. In this pet.i.tion occur these trenchant words: "As we are serious and in good earnest and the cause respects the whole body of the people it would be loss of time to enter into arguments on particular points for though there are a few men who have the gift and art of reasoning, yet every man has a feeling and knows when he has justice done him as well as the most learned." On the following Monday (September 24th), upon convening of court, some one hundred and fifty Regulators, led by James Hunter, Herman Husband, Rednap Howell, and others, armed with clubs, whips, and cudgels, surged into the court-room and through their spokesman, Jeremiah Fields, presented a statement of their grievances. "I found myself," says Judge Henderson, "under a necessity of attempting to soften and turn away the fury of these mad people, in the best manner in my power, and as such could well be, pacify their rage and at the same time preserve the little remaining dignity of the court."

During an interim, in which the Regulators retired for consultation, they fell without warning upon Fanning and gave him such rough treatment that he narrowly escaped with his life. The mob, now past control, horsewhipped a number of leading lawyers and citizens gathered there at court, and treated others, notably the courtly Mr. Hooper of Boston, "with every mark of contempt and insult." Judge Henderson was a.s.sured by Fields that no harm should come to him provided he would conduct the court in accordance with the behest of the Regulators: namely, that no lawyer, save the King's Attorney, should be admitted to the court, and that the Regulators' cases should be tried with new jurors chosen by the Regulators. With the entire little village terrorized by this campaign of "frightfulness," and the court wholly unprotected, Judge Henderson reluctantly acknowledged to himself that "the power of the judiciary was exhausted."

Nevertheless, he says, "I made every effort in my power consistent with my office and the duty the public is ent.i.tled to claim to preserve peace and good order." Agreeing under duress to resume the session the following day, the judge ordered an adjournment. But being unwilling, on mature reflection, to permit a mockery of the court and a travesty of justice to be staged under threat and intimidation, he returned that night to his home in Granville and left the court adjourned in course. Enraged by the judge's escape, the Regulators took possession of the court room the following morning, called over the cases, and in futile protest against the conditions they were powerless to remedy, made profane entries which may still be seen on the record: "d.a.m.ned rogues," "Fanning pays cost but loses nothing," "Negroes not worth a d.a.m.n, Cost exceeds the whole," "Hogan pays and be d.a.m.ned," and, in a case of slander, "Nonsense, let them argue for Ferrell has gone h.e.l.lward."

The uprising of these bold and resolute, simple and imperfectly educated people, which had begun as a const.i.tutional struggle to secure justice and to prevent their own exploitation by dishonest lawyers of the county courts, now gave place to open anarchy and secret incendiarism. In the dead of night, November 12th and 14th, Judge Henderson's barn, stables, and dwelling house were fired by the Regulators and went up in flames. Glowing with a sense of wrong, these misguided people, led on by fanatical agitators, thus vented their indiscriminate rage, not only upon their op pressors, but also upon men wholly innocent of injuring them--men of the stamp of William Hooper, afterward signer of the Declaration of Independence, Alexander Martin, afterward governor and United States Senator, and Richard Henderson, popular representative of the back country and a firm champion of due process of law. It is perhaps not surprising in view of these events that Governor Tryon and the ruling cla.s.s, lacking a sympathy broad enough to ensure justice to the oppressed people, seemed to be chiefly impressed with the fact that a widespread insurrection was in progress, threatening not only life and property, but also civil government itself. The governor called out the militia of the province and led an army of well nigh one thousand men and officers against the Regulators, who had a.s.sembled at Alamance to the number of two thousand. Tryon stood firm upon the demands that the people should submit to government and disperse at a designated hour. The Regulators, on their side, hoped to secure the reforms they desired by intimidating the governor with a great display of force. The battle was a tragic fiasco for the Regulators, who fought bravely, but without adequate arms or real leaders.h.i.+p. With the conclusion of this desultory action, a fight lasting about two hours (May 16, 1771), the power of the Regulators was completely broken."

Among these insurgents there was a remarkable element, an element whose influence upon the course of American history has been but imperfectly understood which now looms into prominence as the vanguard of the army of westward expansion. There were some of the Regulators who, though law-abiding and conservative, were deeply imbued with ideas of liberty, personal independence, and the freedom of the soil. Through the influence of Benjamin Franklin, with whom one of the leaders of the group, Herman Husband, was in constant correspondence, the patriotic ideas then rapidly maturing into revolutionary sentiments furnished the inspiration to action. As early as 1766, the Sandy Creek leaders, referred to earlier in this chapter, issued a call to each neighborhood to send delegates to a gathering for the purpose of investigating the question "whether the free men of this country labor under any abuses of power or not." The close connection between the Sandy Creek men and the Sons of Liberty is amply demonstrated in this paper wherein the Sons of Liberty in connection with the "stamp law" are praised: for "redeeming us from Tyranny" and for having "withstood the lords in Parliament in behalf of true liberty." Upon the records of the Dutchman's Creek Church, of "regular" Baptists, at the Forks of the Yadkin, to which Daniel Boone's family belonged, may be found this memorable entry, recognizing the "American Cause" well-nigh a year before the declaration of independence at Philadelphia: "At the monthly meeting it was agreed upon concerning the American Cause, if any of the brethren see cause to join it they have the liberty to do it without being called to an account by the church. But whether they join or do not join they should be used with brotherly love.

The fundamental reasons underlying the approaching westward hegira are found in the remarkable pet.i.tion of the Regulators of An son County (October 9, 1769), who request that "Benjamin Franklin or some other known PATRIOT" be appointed agent of the province in London to seek redress at the source. They exposed the basic evil in the situation by pointing out that, in violation of the law restricting the amount of land that might be granted to each person to six hundred and forty acres, much of the most fertile territory in the province had been distributed in large tracts to wealthy landlords. In consequence "great numbers of poor people are necessitated to toil in the cultivation of the bad Lands whereon they hardly can subsist." It was these poor people, "thereby deprived of His Majesties liberality and Bounty," who soon turned their gaze to the westward and crossed the mountains in search of the rich, free lands of the trans-Alleghany region.

This feverish popular longing for freedom, stimulated by the economic pressure of thousands of pioneers who were annually entering North Carolina, set in motion a wave of migration across the mountains in 1769. Long before Alamance, many of the true Americans, distraught by apparently irremediable injustices, plunged fearlessly into the wilderness, seeking beyond the mountains a new birth of liberty, lands of their own selection free of cost or quit-rents, and a government of their own choosing and control."' The glad news of the rich valleys beyond the mountains early lured such adventurous pioneers as Andrew Greer and Julius Caesar Dugger to the Watauga country. The glowing stories, told by Boone, and disseminated in the back country by Henderson, Williams, and the Harts, seemed to give promise to men of this stamp that the West afforded relief from oppressions suffered in North Carolina. During the winter of 1768-9 there was also a great rush of settlers from Virginia into the valley of the Holston. A party from Augusta County, led by men who had been delighted with the country viewed seven years before when they were serving under Colonel William Byrd against the Cherokees, found that this region, a wilderness on their outward pa.s.sage in 1768, was dotted with cabins on every spot where the grazing was good, upon their return the following year.

Writing to Hillsborough on October 18, 1770, concerning the "many hundred families" in the region from Green River to the branches of the Holston, who refused to comply with the royal proclamation of 1763, Acting-Governor Nelson of Virginia reports that "very little if any Quit Rents have been received for His Majesty's use from that Quarter for some time past"--the people claiming that "His Majesty hath been pleased to withdraw his protection from them since 1763."

In the spring of 1770, with the express intention of discovering suitable locations for homes for himself and a number of others, who wished to escape the acc.u.mulating evils of the times, James Robertson of Orange County, North Carolina, made an arduous journey to the pleasing valley of the Watauga. Robertson, who was born in Brunswick County, Virginia, June 28, 1742, of excellent Scotch-Irish ancestry, was a noteworthy figure of a certain type--quiet, reflective, conservative, wise, a firm believer in the basic principles of civil Liberty and the right of local self-government. Robertson spent some time with a man named Honeycut in the Watauga region, raised a crop of corn, and chose for himself and his friends suitable locations for settlement.

Lost upon his return in seeking the mountain defiles traversed by him on the outward journey, Robertson probably escaped death from starvation only through the chance pa.s.sing of two hunters who succored him and set him upon the right path. On arriving in Orange he found political and social conditions there much worse than before, many of the colonists declining to take the obligatory oath of allegiance to the British Crown after the Battle of Alamance, preferring to carve out for themselves new homes along the western waters. Some sixteen families of this stamp, indignant at the injustices and oppressions of British rule, and stirred by Robertson's description of the richness and beauty of the western country, accompanied him to Watauga shortly after the battle.

This vanguard of the army of westward advance, independent Americans in spirit with a negligible sprinkling of Loyalists, now swept in a great tide into the northeastern section of Tennessee. The men of Sandy Creek, actuated by independent principles but out of sympathy with the anarchic side of the Regulation, left the colony almost to a man. "After the defeat of the Regulators," says the historian of the Sandy Creek a.s.sociation, "thousands of the oppressed, seeing no hope of redress for their grievances, moved into and settled east Tennessee. A large proportion of these were of the Baptist population. Sandy Creek Church which some time previous to 1771, numbered 606, was afterward reduced to fourteen members!" This movement exerted powerful influence in stimulating westward expansion. Indeed, it was from men of Regulating principles--Boone, Robertson, and the Searcys--who vehemently condemned the anarchy and incendiarism of 1770, that Judge Henderson received powerful cooperation in the opening up of Kentucky and Tennessee.

The several treaties concerning the western boundary of white settlement, concluded in close succession by North Carolina, Virginia, and the Crown with the Southern and Northern Indians, had an important bearing upon the settlement of Watauga. The Cherokee boundary line, as fixed by Governor Tryon (1767) and by John Stuart (1768), ran from Reedy River to Tryon Mountain, thence straight to Chiswell's Mine, and thence direct to the mouth of the Great Kanawha River. By the treaty at Fort Stanwix (November 5, 1768), in the negotiation of which Virginia was represented by Dr. Thomas Walker and Major Andrew Lewis, the Six Nations sold to the Crown their shadowy claim to a vast tract of western country, including in particular all the land between the Ohio and the Tennessee Rivers. The news of the cession resulted in a strong southwestward thrust of population, from the neighborhood of Abingdon, in the direction of the Holston Valley.

Recognizing that hundreds of these settlers were beyond the line negotiated by Stuart, but on lands not yet surveyed, Governor Botetourt instructed the Virginia commissioners to press for further negotiations, through Stuart, with the Cherokees.

Accordingly, on October 18, 1770, a new treaty was made at Lochaber, South Carolina, by which a new line back of Virginia was established, beginning at the intersection of the North Carolina-Cherokee line (a point some seventy odd miles east of Long Island), running thence in a west course to a point six miles east of Long Island, and thence in a direct course to the confluence of the Great Kanawha and Ohio Rivers. At the time of the treaty, it was agreed that the Holston River, from its intersection with the North Carolina-Virginia line, and down the course of the same, should be a temporary southern boundary of Virginia until the line should be ascertained by actual survey. A strong influx of population into the immense new triangle thus released for settlement brought powerful pressure to bear upon northern Tennessee, the point of least resistance along the western barrier. Singularly enough, this advance was not opposed by the Cherokees, whose towns were strung across the extreme southeast corner of Tennessee.

When Colonel John Donelson ran the line in the latter part of 1771, The Little Carpenter, who with other Indian chiefs accompanied the surveying party, urged that the line agreed upon at Lochaber should break off at the head of the Louisa River, and should run thence to the mouth thereof, and thence up the Ohio to the mouth of the Great Kanawha. For this increase in the territory of Virginia they of course expected additional payment.

As a representative of Virginia, Donelson agreed to the proposed alteration in the boundary line; and accordingly promised to send the Cherokees, in the following spring, a sum alleged by them to have been fixed at five hundred pounds, in compensation for the additional area. This informal agreement, it is believed, was never ratified by Virginia; nor was the promised compensation ever paid the Cherokees.

Under the belief that the land belonged to Virginia, Jacob Brown with one or two families from North Carolina settled in 1771 upon a tract of land on the northern bank of the Nonachunheh (corruption, Nolichucky) River. During the same year, an experimental line run westward from Steep Rock and Beaver Creek by Anthony Bledsoe showed that upon the extension of the boundary line, these settlers would fall within the bounds of North Carolina. Although thus informally warned of the situation, the settlers made no move to vacate the lands. But in the following year, after the running of Donelson's line, Alexander Cameron, Stuart's deputy, required "all persons who had made settlements beyond the said line to relinquish them." Thus officially warned, Brown and his companions removed to Watauga. Cameron's order did not apply, however, to the settlement, to the settlement north of the Holston River, south and east of Long Island; and the settlement in Carter's Valley, although lying without the Virginia boundary, strangely enough remained unmolested. The order was directed at the Watauga settlers, who were seated south of the Holston River in the Watauga Valley.

The plight in which the Watauga settlers now found themselves was truly desperate; and the way in which they surmounted this apparently insuperable difficulty is one of the most striking and characteristic events in the pre-Revolutionary history of the Old Southwest. It exhibits the indomitable will and fertile resource of the American character at the margin of desperation. The momentous influence of the Watauga settlers, inadequately reckoned hitherto by historians, was soon to make itself powerfully felt in the first epochal movement of westward expansion.