the legislative authority, after the strength and maturity of the colony will permit, consist of three branches, to wit, the delegates or representatives chosen by the people, a council not exceeding twelve men possessed of landed estate residing in the colony, and the proprietors" 17th. "That the convention have the sole power of raising and appropriating all public monies, and electing their treasurer." This epitome of substantial freedom, and manly, rational government, so honorable to the backwoodsmen of Kentucky, at that early day, in the midst of a wilderness, surrounded by hostile barbarians-was solemnly executed under the hands and seals of the three proprietors, acting for the company, and of Thomas Slaughter, acting for the colonists. After this fundamental organization of the government, it is worth while to notice the jealousy, which displayed itself in this first assembly of the western pioneers, in a legislative capacity, against intruders not identified with the interests of the colony, and not sharing its dangers, yet partaking of the game and its furs. The red man could not be more jealous of the trespasses of the white hunter, than were these whites themselves, of interloping fellow countrymen, in the unlimited forests around them. Accordingly, on the motion, most appropriately of that veteran hunter, Daniel Boone, a bill was brought in for preserving the game; and another, on the motion of Squire Boone, his brother, for preserving the range. Both these bills appear to have become laws. A ceremony took place at this convention, which, it is believed, is now unknown to the modern state of the law. It was a formal livery of seizin and cession of the lands mentioned in a deed of feoffment then produced. For this purpose, Col. Henderson received this Gothic conveyance of right to real estate from John Farrow, attorney in fact for the head warriors or chiefs of the Cherokee Indians, in presence of the Convention; and the deed of the Indians was produced, and its boundaries entered on the journal.

This negociation attracted the attention of Lord Dunmore, who immediately issued his proclamation, dated but four days after the sale of Wataga, and before he could know of that transaction, against "one Richard Henderson, and other disorderly persons, his associates, who, under pretence of a purchase from the Indians,

contrary to the aforesaid orders and regulations of his majesty, do set up a claim to the lands of the Crown within the limits of the colony." This proclamation may well rank with the one excepting those arch traitors and rebels, Samuel Adams and John Hancock, from the mercy of the British monarch.

Nor could the disturbances of the interregnum and revolution, which soon involved the colonies, divert the sagacious vigilance of the republican statesmen of Virginia, from this formidable interference with her chartered limits. On the 24th of June, five days before the adoption of the first republican constitution, the Convention declared against "any purchase of lands within the chartered limits of Virginia, without the approbation of the Virginia Legislature."* The discontent with this great land company had communicated itself to the colonists, in the remote western domain of the commonwealth. On the 5th of June, in this year, a poll was opened at Harrodsburg, and kept open until the 15th of the same month, for the election of delegates to the Convention of Virginia. At this election, Capt. Gabriel John Jones and George Rogers Clark were elected; and petitions were drawn up to the Convention, praying the admission of their delegates to a seat in that body. They likewise prayed the extension of the Commonwealth to those remote settlements, including, however, a body of "prime riflemen." A remonstrance against the claim of Henderson and company also entered into the petition. These early petitions of our ancestors are worthy the perusal of any Kentuckian, for the bold and generous patriotism they breathe, amidst the horrors with which the petitioners were surrounded.

The Convention had adjourned before the delegates from "the western parts of Fincastle county, on the Kentucke river," could reach the seat of government. But, at the ensuing October session, Virginia formally extended her jurisdiction over the disputed territory, by establishing, on the 7th of Dec. 1776, the county of Kentucky, with the limits of the present State of that name. The Executive Council proceeded to organize a county court, by appointing a sheriff and magistrates, as well as to officer the militia of the county.f

* Journal of the Convention of Virginia, for 1776.

The only magistrate's name the author has been able to ascertain is, David Robinson. The first sheriff was. Benjamin Logan; and the military officers were, John Bowman, Colonel, and Anthony Bledsoe, Lieutenant Colonel.

Thus was our Commonwealth ushered into political existence, as a county of Virginia; and left to buffet the storms, which beset her wilderness home, as her bold spirits might best be able. Virginia was, no doubt, profoundly and justly engrossed by the soul-stirring concerns of that opening revolution, the results of which have told so gloriously, not only for the people of Virginia, but for the dignity and happiness of the United States,-may it not be added, of the world? Instructed by this great lesson, the oppressed in every corner of the world may gather new resolution to maintain their struggle with the enemies of social liberty. Yet, amidst the perilous commotions which at this time agitated the body politic, her western empire was not disregarded.

The creation of western counties affords the best standard of the rising importance of this section of the Commonwealth. From 1738, when the county of Orange was divided into the counties of Augusta and Frederick, these two counties embraced the whole domain of Virginia west of the Blue Ridge. The first creation out of them, was the county of Hampshire, in 1754; then that of Bottetourt in 1769, to take effect the ensuing year. In 1772, the county of Dunmore (afterwards in resentment against the royal governor of that name, changed into Shenandoah) and that of Berkely, were formed out of Frederick. At the same ses

sion, the county of Fincastle was formed out of Bottetourt, and this became the name of the extreme western part of the colony.

The disputes between the parent country and her colonies soon brought about the declaration of North American Independence. In this bold and noble struggle, the part borne by Virginia will ever constitute a theme of just exultation to the lovers of freedom, wherever they may exist; but more profoundly so, to the posterity and countrymen of the illustrious patriots and sages of that ancient Commonwealth, who so nobly dared for the liberty and the glory of their country. An "appeal to arms and the God of Hosts," was, in the burning language of the immortal Henry, alone left. In making that appeal, our countrymen proved themselves animated by the holy fire which breathed the glowing prayer, "give me liberty or give me death" that fell from the same eloquent lips. Such was the spirit of the mighty

men, who brought about the tremendous trial of the American revolution.

The first Convention that assembled after the withdrawal of Lord Dunmore from the government of the colony, was, on the 17th of July, 1775. This was succeeded by another assembly at Richmond, December 1st, 1775. The period of compromise and adjustment---the critical period of nations, was rapidly passing away, and a third convention met at Williamsburg, May 6, 1776. By this body, the republican institutions of Virginia were organized, having first unanimously instructed their delegates on the 15th of May, to propose to the Congress of the United Colonies, to declare them "free and independent states." Without however waiting for the general tide of public sentiment to flow over them, and carry them away on its bosom, the same body came to a unanimous declaration of rights made by the representatives of the good people of Virginia, assembled in free and full convention. This was dated the 12th of June 1776, and on the 29th of the same month, its principles were followed up by the establishment of the free and independent Commonwealth of Virginia. The political connection, which had for nearly two centuries, united the colony to Great Britain, was now dissolved. The growing impulse of freedom and respect for popular accommodation under the new government, was manifested by merging the county of Fincastle into the three countics of Washington, Montgomery, and Kentucky; the latter of which, afterwards became the State of that name. At the same session, the District of West Augusta was defined to lie north of a certain line, so as to comprehend the northwestern part of the State. This was subdivided into the counties of Ohio, Monongalia, and Yohogania. Thus the western country, which in 1738 required but one county, was, in 1830, portioned into forty counties, containing 378,293 souls, and paying a taxation of $76,848. This too, exclusively of Yohogania, Fincastle, and Kentucky counties, which had become merged in other states and counties. The last of these counties, now become the State of Kentucky, demands, and shall receive, the attention inspired by a long train of dear and interesting recollections.

*

Henning, i. 7.-Idem, is, 9.-Wirt's Life of Henry, 132-156

HISTORY OF KENTUCKY.

CHAPTER I

INTRODUCTION.

Earliest condition of Kentucky-Iroquois, or Mohawks, known in 1603--Early seatsProgress to the Mississippi and the Illinois--Appeal to the Colonial CommissionersGeneral Braddock's talk--Treaties with the English-Great treaty of 1768-Opinion of Supreme Court on Indian title-Opinions of General Harrison-Treaties of 17741775-1785-1795 and 1818

That part of the United States, now so proudly intertwined with their history, as the State of Kentucky, has successively been the theatre, and the prize, of military contention, from the earliest glimmerings of Indian tradition, to the Virginia conquest. This statement is drawn from the most authentic memorials of colonial history. The *French historians declare that when they settled in Canada in 1603, the Iroquois as they were termed by the French, but who were more familiarly known to the English by the name of Mohawks, lived on the St. Lawrence, where Montreal is now built; above the mouth of the Iroquois river, now called Sorrel, and on lakes Sacrament, or George, and Iroquois, or, Lake Champlain, as it is better known. This being the earliest account, any Europeans have of these Indians, the country just described may well be considered as their earliest seats. The geographical names indeed, confirm the ascendency of these tribes, in the region. assigned to their dominion. From these territories, the Mohawks extended their conquests on both sides of the St. Law rence, above Quebec, and on both sides of the lakes Ontario,

* Present state of North America, Dodslev, 1755, p. 14, 18, 20. Communicated by the moliteness of Isace Newhall, Esq., of Salem, Massachusetts, from the Atheneum Rooms in nt city, derived from Colden's Five nations, and confirmed by this latter work.

A