Such were Sevier and Robertson, the leaders in the little frontier outpost of civilization that was struggling to maintain itself on the Watauga; and these two men afterwards proved themselves to be, with the exception of George Rogers Clark, the greatest of the first generation of Trans-Alleghany pioneers.
Their followers were worthy of them. All alike were keenly alive to the disadvantages of living in a community where there was neither law nor officer to enforce it. Accordingly, with their characteristic capacity for combination, so striking as existing together with the equally characteristic capacity for individual self-help, the settlers determined to organize a government of their own. They promptly put their resolution into effect early in the spring of 1772, Robertson being apparently the leader in the movement.
They decided to adopt written articles of agreement, by which their conduct should be governed; and these were known as the Articles of the Watauga Association. They formed a written constitution, the first ever adopted west of the mountains, or by a community composed of American-born freemen. It is this fact of the early independence and self-government of the settlers along the head-waters of the Tennessee that gives to their history its peculiar importance. They were the first men of American birth to establish a free and independent community on the continent. Even before this date, there had been straggling settlements of Pennsylvanians and Virginians along the head-waters of the Ohio; but these settlements remained mere parts of the colonies behind them, and neither grew into a separate community, nor played a distinctive part in the growth of the west.
The first step taken by the Watauga settlers,224 when they had determined to organize, was to meet in general convention, holding a kind of folk-thing, akin to the New England town-meeting. They then elected a representative assembly, a small parliament or "witanagemot," which met at Robertson's station. Apparently the freemen of each little fort or palisaded village, each blockhouse that was the centre of a group of detached cabins and clearings, sent a member to this first frontier legislature.225 It consisted of thirteen representatives, who proceeded to elect from their number five—among them Sevier and Robertson—to form a committee or court, which should carry on the actual business of government, and should exercise both judicial and executive functions. This court had a clerk and a sheriff, or executive officer, who respectively recorded and enforced their decrees. The five members of this court, who are sometimes referred to as arbitrators, and sometimes as commissioners, had entire control of all matters affecting the common weal; and all affairs in controversy were settled by the decision of a majority. They elected one of their number as chairman, he being also ex-officio chairman of the committee of thirteen; and all their proceedings were noted for the prudence and moderation with which they behaved in their somewhat anomalous position. They were careful to avoid embroiling themselves with the neighboring colonial legislatures; and in dealing with non-residents they made them give bonds to abide by their decision, thus avoiding any necessity of proceeding against their persons. On behalf of the community itself, they were not only permitted to control its internal affairs, but also to secure lands by making treaties with a foreign power, the Indians; a distinct exercise of the right of sovereignty. They heard and adjudicated all cases of difference between the settlers themselves; and took measures for the common safety. In fact the dwellers, in this little outlying frontier commonwealth, exercised the rights of full statehood for a number of years; establishing in true American style a purely democratic government with representative institutions, in which, under certain restrictions, the will of the majority was supreme, while, nevertheless, the largest individual freedom, and the utmost liberty of individual initiative were retained. The framers showed the American predilection for a written constitution or civil compact; and, what was more important, they also showed the common-sense American spirit that led them to adopt the scheme of government which should in the simplest way best serve their needs, without bothering their heads over mere high-sounding abstractions.226
The court or committee held their sessions at stated and regular times, and took the law of Virginia as their standard for decisions. They saw to the recording of deeds and wills, settled all questions of debt, issued marriage licenses, and carried on a most vigorous warfare against lawbreakers, especially horse-thieves.227 For six years their government continued in full vigor; then, in February, 1778, North Carolina having organized Washington County, which included all of what is now Tennessee, the governor of that State appointed justices of the peace and militia officers for the new county, and the old system came to an end. But Sevier, Robertson, and their fellow-committeemen were all members of the new court, and continued almost without change their former simple system of procedure and direct and expeditious methods of administering justice; as justices of the peace they merely continued to act as they acted while arbitrators of the Watauga Association, and in their summary mode of dealing with evil-doers paid a good deal more heed to the essence than to the forms of law. One record shows that a horse-thief was arrested on Monday, tried on Wednesday, and hung on Friday of the same week. Another deals with a claimant who, by his attorney, moved to be sworn into his office of clerk, "but the court swore in James Sevier, well knowing that said Sevier had been elected," and being evidently unwilling to waste their time hearing a contested election case when their minds were already made up as to the equity of the matter. They exercised the right of making suspicious individuals leave the county.228 They also at times became censors of morals, and interfered with straightforward effectiveness to right wrongs for which a more refined and elaborate system of jurisprudence would have provided only cumbersome and inadequate remedies. Thus one of their entries is to the effect that a certain man is ordered "to return to his family and demean himself as a good citizen, he having admitted in open court that he had left his wife and took up with another woman." From the character of the judges who made the decision, it is safe to presume that the delinquent either obeyed it or else promptly fled to the Indians for safety.229 This fleeing to the Indians, by the way, was a feat often performed by the worst criminals—for the renegade, the man who had "painted his face" and deserted those of his own color, was a being as well known as he was abhorred and despised on the border, where such a deed was held to be the one unpardonable crime.
So much for the way in which the whites kept order among themselves. The second part of their task, the adjustment of their relations with their red neighbors, was scarcely less important. Early in 1772 Virginia made a treaty with the Cherokee Nation, which established as the boundary between them a line running west from White Top Mountain in latitude 36 degrees 30'.230 Immediately afterwards the agent231 of the British Government among the Cherokees ordered the Watauga settlers to instantly leave their lands. They defied him, and refused to move: but feeling the insecurity of their tenure they deputed two commissioners, of whom Robertson was one, to make a treaty with the Cherokees. This was successfully accomplished, the Indians leasing to the associated settlers all the lands on the Watauga waters for the space of eight years, in consideration of about six thousand dollars' worth of blankets, paint, muskets, and the like.232 The amount advanced was reimbursed to the men advancing it by the sale of the lands in small parcels to new settlers,233 for the time of the lease.234
After the lease was signed, a day was appointed on which to hold a great race, as well as wrestling-matches and other sports, at Watauga. Not only many whites from the various settlements, but also a number of Indians, came to see or take part in the sports; and all went well until the evening, when some lawless men from Wolf Hills, who had been lurking in the woods round about,235 killed an Indian, whereat his fellows left the spot in great anger.
The settlers now saw themselves threatened with a bloody and vindictive Indian war, and were plunged in terror and despair; yet they were rescued by the address and daring of Robertson. Leaving the others to build a formidable palisaded fort, under the leadership of Sevier, Robertson set off alone through the woods and followed the great war trace down to the Cherokee towns. His mission was one of the greatest peril, for there was imminent danger that the justly angered savages would take his life. But he was a man who never rushed heedlessly into purposeless peril, and never flinched from a danger which there was an object in encountering. His quiet, resolute fearlessness doubtless impressed the savages to whom he went, and helped to save his life; moreover, the Cherokees knew him, trusted his word, and were probably a little overawed by a certain air of command to which all men that were thrown in contact with him bore witness. His ready tact and knowledge of Indian character did the rest. He persuaded the chiefs and warriors to meet him in council, assured them of the anger and sorrow with which all the Watauga people viewed the murder, which had undoubtedly been committed by some outsider, and wound up by declaring his determination to try to have the wrong-doer arrested and punished according to his crime. The Indians, already pleased with his embassy, finally consented to pass the affair over and not take vengeance upon innocent men. Then the daring backwoods diplomatist, well pleased with the success of his mission, returned to the anxious little community.
The incident, taken in connection with the plundering of a store kept by two whites in Holston Valley at the same time, and the unprovoked assault on Boon's party in Powell's Valley a year later, shows the extreme difficulty of preventing the worst men of each color from wantonly attacking the innocent. There was hardly a peaceable red or law-abiding white who could not recite injuries he had received from members of the opposite race; and his sense of the wrongs he had suffered, as well as the general frontier indifference to crimes committed against others, made him slow in punishing similar outrages by his own people. The Watauga settlers discountenanced wrong being done the Indians, and tried to atone for it, but they never hunted the offenders down with the necessary mercilessness that alone could have prevented a repetition of their offences. Similarly, but to an even greater degree, the good Indians shielded the bad.236
For several years after they made their lease with the Cherokees the men of the Watauga were not troubled by their Indian neighbors. They had to fear nothing more than a drought, a freshet, a forest fire, or an unusually deep snow-fall if hunting on the mountains in mid-winter. They lived in peace, hunting and farming, marrying, giving in marriage, and rearing many healthy children. By degrees they wrought out of the stubborn wilderness comfortable homes, filled with plenty. The stumps were drawn out of the clearings, and other grains were sown besides corn. Beef, pork, and mutton were sometimes placed on the table, besides the more common venison, bear meat, and wild turkey. The women wove good clothing, the men procured good food, the log-cabins, if homely and rough, yet gave ample warmth and shelter. The families throve, and life was happy, even though varied with toil, danger, and hardship. Books were few, and it was some years before the first church,—Presbyterian, of course,—was started in the region.237 The backwoods Presbyterians managed their church affairs much as they did their civil government: each congregation appointed a committee to choose ground, to build a meeting-house, to collect the minister's salary, and to pay all charges, by taxing the members proportionately for the same, the committee being required to turn in a full account, and receive instructions, at a general session or meeting held twice every year.238
Thus the Watauga folk were the first Americans who, as a separate body, moved into the wilderness to hew out dwellings for themselves and their children, trusting only to their own shrewd heads, stout hearts, and strong arms, unhelped and unhampered by the power nominally their sovereign.239 They built up a commonwealth which had many successors; they showed that the frontiersmen could do their work unassisted; for they not only proved that they were made of stuff stern enough to hold its own against outside pressure of any sort, but they also made it evident that having won the land they were competent to govern both it and themselves. They were the first to do what the whole nation has since done. It has often been said that we owe all our success to our surroundings; that any race with our opportunities could have done as well as we have done. Undoubtedly our opportunities have been great; undoubtedly we have often and lamentably failed in taking advantage of them. But what nation ever has done all that was possible with the chances offered it? The Spaniards, the Portuguese, and the French, not to speak of the Russians in Siberia, have all enjoyed, and yet have failed to make good use of, the same advantages which we have turned to good account. The truth is, that in starting a new nation in a new country, as we have done, while there are exceptional chances to be taken advantage of, there are also exceptional dangers and difficulties to be overcome. None but heroes can succeed wholly in the work. It is a good thing for us at times to compare what we have done with what we could have done, had we been better and wiser; it may make us try in the future to raise our abilities to the level of our opportunities. Looked at absolutely, we must frankly acknowledge that we have fallen very far short indeed of the high ideal we should have reached. Looked at relatively, it must also be said that we have done better than any other nation or race working under our conditions.
The Watauga settlers outlined in advance the nation's work. They tamed the rugged and shaggy wilderness, they bid defiance to outside foes, and they successfully solved the difficult problem of self-government.
CHAPTER VIII.
LORD DUNMORE'S WAR, 1774
On the eve of the Revolution, in 1774, the frontiersmen had planted themselves firmly among the Alleghanies. Directly west of them lay the untenanted wilderness, traversed only by the war parties of the red men, and the hunting parties of both reds and whites. No settlers had yet penetrated it, and until they did so there could be within its borders no chance of race warfare, unless we call by that name the unchronicled and unending contest in which, now and then, some solitary white woodsman slew, or was slain by, his painted foe. But in the southwest and the northwest alike, the area of settlement already touched the home lands of the tribes, and hence the horizon was never quite free from the cloud of threatening Indian war; yet for the moment the southwest was at peace, for the Cherokees were still friendly.
It was in the northwest that the danger of collision was most imminent; for there the whites and Indians had wronged one another for a generation, and their interests were, at the time, clashing more directly than ever. Much the greater part of the western frontier was held or claimed by Virginia, whose royal governor was, at the time, Lord Dunmore. He was an ambitious, energetic man, who held his allegiance as being due first to the crown, but who, nevertheless, was always eager to champion the cause of Virginia as against either the Indians or her sister colonies. The short but fierce and eventful struggle that now broke out was fought wholly by Virginians, and was generally known by the name of Lord Dunmore's war.
Virginia, under her charter, claimed that her boundaries ran across to the South Seas, to the Pacific Ocean. The king of Britain had graciously granted her the right to take so much of the continent as lay within these lines, provided she could win it from the Indians, French, and Spaniards; and provided also she could prevent herself from being ousted by the crown, or by some of the other colonies. A number of grants had been made with the like large liberality, and it was found that they sometimes conflicted with one another. The consequence was that while the boundaries were well marked near the coast, where they separated Virginia from the long-settled regions of Maryland and North Carolina, they became exceeding vague and indefinite the moment they touched the mountains. Even at the south this produced confusion, and induced the settlers of the upper Holston to consider themselves as Virginians, not Carolinians; but at the north the effect was still more confusing, and nearly resulted in bringing about an intercolonial war between Pennsylvania and Virginia.
The Virginians claimed all of extreme western Pennsylvania, especially Fort Pitt and the valley of the Monongahela, and, in 1774, proceeded boldly to exercise jurisdiction therein.240 Indeed a strong Party among the settlers favored the Virginian claim; whereas it would have been quite impossible to arouse anywhere in Virginia the least feeling in support of a similar claim on behalf of Pennsylvania. The borderers had a great contempt for the sluggish and timid government of the Quaker province, which was very lukewarm in protecting them in their rights—or, indeed, in punishing them when they did wrong to others. In fact, it seems probable that they would have declared for Virginia even more strongly, had it not been for the very reason that their feeling of independence was so surly as to make them suspicious of all forms of control; and they therefore objected almost as much to Virginian as Pennsylvanian rule, and regarded the outcome of the dispute with a certain indifference.241
For a time in the early part of 1774 there seemed quite as much likelihood of the Virginians being drawn into a fight with the Pennsylvanians as with the Shawnees. While the Pennsylvanian commissioners were trying to come to an agreement concerning the boundaries with Lord Dunmore, the representatives of the two contesting parties at Fort Pitt were on the verge of actual collision. The Earl's agent in the disputed territory was a Captain John Conolly,242 a man of violent temper and bad character. He embodied the men favorable to his side as a sort of Virginian militia, with which he not only menaced both hostile and friendly Indians, but the adherents of the Pennsylvanian government as well. He destroyed their houses, killed their cattle and hogs, impressed their horses, and finally so angered them that they threatened to take refuge in the stockade at Fort Pitt, and defy him to open war,—although even in the midst of these quarrels with Conolly their loyalty to the Quaker State was somewhat doubtful.243
The Virginians were the only foes the western Indians really dreaded; for their backwoodsmen were of warlike temper, and had learned to fight effectively in the forest. The Indians styled them Long Knives; or, to be more exact, they called them collectively the "Big Knife."244 There have been many accounts given of the origin of this name, some ascribing it to the long knives worn by the hunters and backwoodsmen generally, others to the fact that some of the noted Virginian fighters in their early skirmishes were armed with swords. At any rate the title was accepted by all the Indians as applying to their most determined foes among the colonists; and finally, after we had become a nation, was extended so as to apply to Americans generally.
The war that now ensued was not general. The Six Nations, as a whole, took no part in it, while Pennsylvania also stood aloof; indeed at one time it was proposed that the Pennsylvanians and Iroquois should jointly endeavor to mediate between the combatants.245 The struggle was purely between the Virginians and the northwestern Indians.
The interests of the Virginians and Pennsylvanians conflicted not only in respect to the ownership of the land, but also in respect to the policy to be pursued regarding the Indians. The former were armed colonists, whose interest it was to get actual possession of the soil;246 whereas in Pennsylvania the Indian trade was very important and lucrative, and the numerous traders to the Indian towns were anxious that the redskins should remain in undisturbed enjoyment of their forests, and that no white man should be allowed to come among them; moreover, so long as they were able to make heavy profits, they were utterly indifferent to the well-being of the white frontiersmen, and in return incurred the suspicion and hatred of the latter. The Virginians accused the traders of being the main cause of the difficulty,247 asserting that they sometimes incited the Indians to outrages, and always, even in the midst of hostilities, kept them supplied with guns and ammunition, and even bought from them the horses that they had stolen on their plundering expeditions against the Virginian border.248 These last accusations were undoubtedly justified, at least in great part, by the facts. The interests of the white trader from Pennsylvania and of the white settler from Virginia were so far from being identical that they were usually diametrically opposite.
The northwestern Indians had been nominally at peace with the whites for ten years, since the close of Bouquet's campaign. But Bouquet had inflicted a very slight punishment upon them, and in concluding an unsatisfactory peace had caused them to make but a partial reparation for the wrongs they had done.249 They remained haughty and insolent, irritated rather than awed by an ineffective chastisement, and their young men made frequent forays on the frontier. Each of the ten years of nominal peace saw plenty of bloodshed. Recently they had been seriously alarmed by the tendency of the whites to encroach on the great hunting-grounds south of the Ohio;250 for here and there hunters or settlers were already beginning to build cabins along the course of that stream. The cession by the Iroquois of these same hunting-grounds, at the treaty of Fort Stanwix, while it gave the whites a colorable title, merely angered the northwestern Indians. Half a century earlier they would hardly have dared dispute the power of the Six Nations to do what they chose with any land that could be reached by their war parties; but in 1774 they felt quite able to hold their own against their old oppressors, and had no intention of acquiescing in any arrangement the latter might make, unless it was also clearly to their own advantage.
In the decade before Lord Dunmore's war there had been much mutual wrong-doing between the northwestern Indians and the Virginian borderers; but on the whole the latter had occupied the position of being sinned against more often than that of sinning. The chief offence of the whites was that they trespassed upon uninhabited lands, which they forthwith proceeded to cultivate, instead of merely roaming over them to hunt the game and butcher one another. Doubtless occasional white men would murder an Indian if they got a chance, and the traders almost invariably cheated the tribesmen. But as a whole the traders were Indian rather than white in their sympathies, and the whites rarely made forays against their foes avowedly for horses and plunder, while the Indians on their side were continually indulging in such inroads. Every year parties of young red warriors crossed the Ohio to plunder the outlying farms, burn down the buildings, scalp the inmates, and drive off the horses.251 Year by year the exasperation of the borderers grew greater and the tale of the wrongs they had to avenge longer.252 Occasionally they took a brutal and ill-judged vengeance, which usually fell on innocent Indians,253 and raised up new foes for the whites. The savages grew continually more hostile, and in the fall of 1773 their attacks became so frequent that it was evident a general outbreak was at hand; eleven people were murdered in the county of Fincastle alone.254 The Shawnees were the leaders in all these outrages; but the outlaw bands, such as the Mingos and Cherokees, were as bad, and parties of Wyandots and Delawares, as well as of the various Miami and Wabash tribes, joined them.
Thus the spring of 1774 opened with every thing ripe for an explosion. The Virginian borderers were fearfully exasperated, and ready to take vengeance upon any Indians, whether peaceful or hostile; while the Shawnees and Mingos, on their side, were arrogant and overbearing, and yet alarmed at the continual advance of the whites. The headstrong rashness of Conolly, who was acting as Lord Dunmore's lieutenant on the border, and who was equally willing to plunge into a war with Pennsylvania or the Shawnees, served as a firebrand to ignite this mass of tinder. The borderers were anxious for a war; and Lord Dunmore was not inclined to baulk them. He was ambitious of glory, and probably thought that in the midst of the growing difficulties between the mother country and the colonies, it would be good policy to distract the Virginians' minds by an Indian war, which, if he conducted it to a successful conclusion, might strengthen his own position.255
There were on the border at the moment three or four men whose names are so intimately bound up with the history of this war, that they deserve a brief mention. One was Michael Cresap, a Maryland frontiersman, who had come to the banks of the Ohio with the purpose of making a home for his family.256 He was of the regular pioneer type; a good woodsman, sturdy and brave, a fearless fighter, devoted to his friends and his country; but also, when his blood was heated, and his savage instincts fairly roused, inclined to regard any red man, whether hostile or friendly, as a being who should be slain on sight. Nor did he condemn the brutal deeds done by others on innocent Indians.
The next was a man named Greathouse, of whom it is enough to know that, together with certain other men whose names have for the most part, by a merciful chance, been forgotten,257 he did a deed such as could only be committed by inhuman and cowardly scoundrels.
The other two actors in this tragedy were both Indians, and were both men of much higher stamp. One was Cornstalk, the Shawnee chief; a far-sighted seer, gloomily conscious of the impending ruin of his race, a great orator, a mighty warrior, a man who knew the value of his word and prized his honor, and who fronted death with quiet, disdainful heroism; and yet a fierce, cruel, and treacherous savage to those with whom he was at enmity, a killer of women and children, whom we first hear of, in Pontiac's war, as joining in the massacre of unarmed and peaceful settlers who had done him no wrong, and who thought that he was friendly.258 The other was Logan, an Iroquois warrior, who lived at that time away from the bulk of his people, but who was a man of note—in the loose phraseology of the border, a chief or headman—among the outlying parties of Senecas and Mingos, and the fragments of broken tribes that dwelt along the upper Ohio. He was a man of splendid appearance; over six feet high, straight as a spear-shaft, with a countenance as open as it was brave and manly,259 until the wrongs he endured stamped on it an expression of gloomy ferocity. He had always been the friend of the white man, and had been noted particularly for his kindness and gentleness to children. Up to this time he had lived at peace with the borderers, for though some of his kin had been massacred by them years before, he had forgiven the deed—perhaps not unmindful of the fact that others of his kin had been concerned in still more bloody massacres of the whites. A skilled marksman and mighty hunter, of commanding dignity, who treated all men with a grave courtesy that exacted the same treatment in return, he was greatly liked and respected by all the white hunters and frontiersmen whose friendship and respect were worth having; they admired him for his dexterity and prowess, and they loved him for his straightforward honesty, and his noble loyalty to his friends. One of these old pioneer hunters has left on record260 the statement that he deemed "Logan the best specimen of humanity he ever met with, either white or red." Such was Logan before the evil days came upon him.
Early in the spring the outlying settlers began again to suffer from the deeds of straggling Indians. Horses were stolen, one or two murders were committed, the inhabitants of the more lonely cabins fled to the forts, and the backwoodsmen began to threaten fierce vengeance. On April 16th, three traders in the employ of a man named Butler were attacked by some of the outlaw Cherokees, one killed, another wounded, and their goods plundered. Immediately after this Conolly issued an open letter, commanding the backwoodsmen to hold themselves in readiness to repel any attack by the Indians, as the Shawnees were hostile. Such a letter from Lord Dunmore's lieutenant amounted to a declaration of war, and there were sure to be plenty of backwoodsmen who would put a very liberal interpretation upon the order given them to repel an attack. Its effects were seen instantly. All the borderers prepared for war. Cresap was near Wheeling at the time, with a band of hunters and scouts, fearless men, who had adopted many of the ways of the redskins, in addition to their method of fighting. As soon as they received Conolly's letter they proceeded to declare war in the regular Indian style, calling a council, planting the war-post, and going through other savage ceremonies,261 and eagerly waited for a chance to attack their foes.