James Robertson.
Robertson had no share in the glory
of King’s Mountain, and no part in the subsequent
career of the men who won it; for, at the time, he
was doing his allotted work, a work of at least equal
importance, in a different field. The year before
the mountaineers faced Ferguson, the man who had done
more than any one in founding the settlements from
which the victors came, had once more gone into the
wilderness to build a new and even more typical frontier
commonwealth, the westernmost of any yet founded by
the backwoodsmen.
Robertson had been for ten years a
leader among the Holston and Watauga people.
He had at different times played the foremost part
in organizing the civil government and in repelling
outside attack. He had been particularly successful
in his dealings with the Indians, and by his missions
to them had managed to keep the peace unbroken on more
than one occasion when a war would have been disastrous
to the whites. He was prosperous and successful
in his private affairs; nevertheless, in 1779, the
restless craving for change and adventure surged so
strongly in his breast that it once more drove him
forth to wander in the forest. In the true border
temper he determined to abandon the home he had made,
and to seek out a new one hundreds of miles farther
in the heart of the hunting-grounds of the red warriors.
The point pitched upon was the beautiful
country lying along the great bend of the Cumberland.
Many adventurous settlers were anxious to accompany
Robertson, and, like him, to take their wives and children
with them into the new land. It was agreed that
a small party of explorers should go first in the
early spring, to plant corn, that the families might
have it to eat when they followed in the fall.
The Cumberland Country.
The spot was already well known to
hunters. Who had first visited it cannot be said;
though tradition has kept the names of several among
the many who at times halted there while on their
wanderings.
Old Kasper Mansker and others had made hunting trips
thither for ten years past; and they had sometimes
met the Creole trappers from the Illinois. When
Mansker first went to the Bluffs, in 1769, the buffaloes were more numerous than
he had ever seen them before; the ground literally
shook under the gallop of the mighty herds, they crowded
in dense throngs round the licks, and the forest resounded
with their grunting bellows. He and other woodsmen
came back there off and on, hunting and trapping, and
living in huts made of buffalo hides; just such huts
as the hunters dwelt in on the Little Missouri and
Powder rivers as late as 1883, except that the plainsmen
generally made dug-outs in the sides of the buttes
and used the hides only for the roofs and fronts.
So the place was well known, and the reports of the
hunters had made many settlers eager to visit it,
though as yet no regular path led thither. In
1778 the first permanent settler arrived in the person
of a hunter named Spencer, who spent the following
winter entirely alone in this remote wilderness, living
in a hollow sycamore-tree. Spencer was a giant
in his day, a man huge in body and limb, all whose
life had been spent in the wilderness. He came
to the bend of the Cumberland from Kentucky in the
early spring, being in search of good land on which
to settle. Other hunters were with him, and they
stayed some time. A créole trapper from
the Wabash was then living in a cabin on the south
side of the river. He did not meet the new-comers;
but one day he saw the huge moccasin tracks of Spencer,
and on the following morning the party passed close
by his cabin in chase of a wounded buffalo, halloing
and shouting as they dashed through the underwood.
Whether he thought them Indians, or whether, as is
more likely, he shared the fear and dislike felt by
most of the Créoles for the American backwoodsmen,
cannot be said; but certainly he left his cabin, swam
the river, and plunging into the forest, straightway
fled to his kinsfolk on the banks of the Wabash.
Spencer was soon left by his companions; though one
of them stayed with him a short time, helping him
to plant a field of corn. Then this man, too,
wished to return. He had lost his hunting-knife;
so Spencer went with him to the barrens of Kentucky,
put him on the right path, and breaking his own knife,
gave his departing friend a piece of the metal.
The undaunted old hunter himself returned to the banks
of the Cumberland, and sojourned throughout the fall
and winter in the neighborhood of the little clearing
on which he had raised the corn crop; a strange, huge,
solitary man, self-reliant, unflinching, cut off from
all his fellows by endless leagues of shadowy forest.
Thus he dwelt alone in the vast dim wastes, wandering
whithersoever he listed through the depths of the
melancholy and wintry woods, sleeping by his camp-fire
or in the hollow tree-trunk, ever ready to do battle
against brute or human foe a stark and
sombre harbinger of the oncoming civilization.
Spencer’s figure, seen through
the mist that shrouds early western history, is striking
and picturesque in itself; yet its chief interest
lies in the fact that he was but a type of many other
men whose lives were no less lonely and dangerous.
He had no qualities to make him a leader when settlements
sprang up around him. To the end of his days he
remained a solitary hunter and Indian fighter, spurning
restraint and comfort, and seeking the strong excitement
of danger to give zest to his life. Even in the
time of the greatest peril from the savages he would
not stay shut up in the forts, but continued his roving,
wandering life, trusting to his own quick senses,
wonderful strength, and iron nerves. He even
continued to lie out at night, kindling a fire, and
then lying down to sleep far from it.
Robertson Travels Thither.
Early in the year 1779 a leader of
men came to the place where the old hunter had roamed
and killed game; and with the new-comer came those
who were to posses the land. Robertson left the
Watauga settlements soon after the spring opened,
with eight companions, one of them a negro. He
followed Boon’s trace, Wilderness
Road, through Cumberland Gap, and across
the Cumberland River. Then he struck off southwest
through the wilderness, lightening his labor by taking
the broad, well-beaten buffalo trails whenever they
led in his direction; they were very distinct near
the pools and springs, and especially going to and
from the licks. The adventurers reached the bend
of the Cumberland without mishap, and fixed on the
neighborhood of the Bluff, the ground near the French
Lick, as that best suited for their purpose; and they
planted a field of corn on the site of the future
forted village of Nashborough. A few days after
their arrival they were joined by another batch of
hunter-settlers, who had come out under the leadership
of Kasper Mansker.
As soon as the corn was planted and
cabins put up, most of the intending settlers returned
to their old homes to bring out their families, leaving
three of their number “to keep the buffaloes
out of the corn.”
Robertson himself first went north through the wilderness
to see George Rogers Clark in Illinois, to purchase
cabin-rights from him. This act gives an insight
into at least some of the motives that influenced
the adventurers. Doubtless they were impelled
largely by sheer restlessness and love of change and
excitement; and these motives would probably
have induced them to act as they did, even had there
been no others. But another and most powerful
spring of action was the desire to gain land not
merely land for settlement, but land for speculative
purposes. Wild land was then so abundant that
the quantity literally seemed inexhaustible; and it
was absolutely valueless until settled. Our forefathers
may well be pardoned for failing to see that it was
of more importance to have it owned in small lots
by actual settlers than to have it filled up quickly
under a system of huge grants to individuals or corporations.
Many wise and good men honestly believed that they
would benefit the country at the same time that they
enriched themselves by acquiring vast tracts of virgin
wilderness, and then proceeding to people them.
There was a rage for land speculation and land companies
of every kind.
The private correspondence of almost
all the public men of the period, from Washington,
Madison, and Gouverneur Morris down, is full of the
subject. Innumerable people of position and influence
dreamed of acquiring untold wealth in this manner.
Almost every man of note was actually or potentially
a land speculator; and in turn almost every prominent
pioneer from Clark and Boon to Shelby and Robertson
was either himself one of the speculators or an agent
for those who were. Many people did not understand
the laws on the subject, or hoped to evade them; and
the hope was as strong in the breast of the hunter,
who made a “tomahawk claim” by blazing
a few trees, and sold it for a small sum to a new-comer,
as in that of the well-to-do schemer, who bought an
Indian title for a song, and then got what he could
from all outsiders who came in to dwell on the land.
This speculative spirit was a powerful
stimulus to the settlement not only of Kentucky, but
of middle Tennessee. Henderson’s claim included
the Cumberland country, and when North Carolina annulled
his rights, she promised him a large but indefinitely
located piece of land in their place. He tried
to undersell the state in the land market, and undoubtedly
his offers had been among the main causes that induced
Robertson and his associates to go to the Cumberland
when they did. But at the time it was uncertain
whether Cumberland lay in Virginia or North Carolina,
as the line was not run by the surveyors until the
following spring; and Robertson went up to see Clark,
because it was rumored that the latter had the disposal
of Virginia “cabin-rights”; under which
each man could, for a small sum, purchase a thousand
acres, on condition of building a cabin and raising
a crop. However, as it turned out, he might have
spared himself the journey, for the settlement proved
to be well within the Carolina boundary.
Many Settlers Join Him.
In the fall very many men came out
to the new settlement, guided thither by Robertson
and Mansker; the former persuading a number who were
bound to Kentucky to come to the Cumberland instead.
Among them were two or three of the Long Hunters,
whose wanderings had done so much to make the country
known. Robertson’s especial partner was
a man named John Donelson. The latter went by
water and took a large party of immigrants, including
all the women and children, down the Tennessee, and
thence up the Ohio and Cumberland to the Bluff or
French Lick. Among them were Robertson’s entire
family, and Donelson’s daughter Rachel, the future
wife of Andrew Jackson, who missed by so narrow a margin
being mistress of the White House. Robertson,
meanwhile, was to lead the rest of the men by land,
so that they should get there first and make ready
for the coming of their families.
Robertson’s party started in
the fall, being both preceded and followed by other
companies of settlers, some of whom were accompanied
by their wives and children. Cold weather of
extraordinary severity set in during November; for
this was the famous “hard winter” of ’79-80,
during which the Kentucky settlers suffered so much.
They were not molested by Indians, and reached the
Bluff about Christmas. The river was frozen solid,
and they all crossed the ice in a body; when in mid-stream
the ice jarred, and judging from the report the
jar or crack must have gone miles up and down the
stream; but the ice only settled a little and did
not break. By January first there were over two
hundred people scattered on both sides of the river.
In Robertson’s company was a man named John
Rains, who brought with him twenty-one horned cattle
and seventeen horses; the only cattle and horses which
any of the immigrants succeeded in bringing to the
Cumberland. But he was not the only man who had
made the attempt. One of the immigrants who went
in Donelson’s flotilla, Daniel Dunham by name,
offered his brother John, who went by land, L100 to
drive along his horses and cattle. John accepted,
and tried his best to fulfil his share of the bargain;
but he was seemingly neither a very expert woodsman
nor yet a good stock hand. There is no form of
labor more arduous and dispiriting than driving unruly
and unbroken stock along a faint forest or mountain
trail, especially in bad weather; and this the would-be
drover speedily found out. The animals would
not follow the trail; they incessantly broke away from
it, got lost, scattered in the brush, and stampeded
at night. Finally the unfortunate John, being,
as he expressed it, nearly “driven mad by the
drove,” abandoned them all in the wilderness.
Voyage of the “Adventure.”
The settlers who came by water passed
through much greater peril and hardship. By a
stroke of good fortune the journal kept by Donelson,
the leader of the expedition, has been preserved. As with all the other recorded wanderings
and explorations of these backwoods adventurers, it
must be remembered that while this trip was remarkable
in itself, it is especially noteworthy because, out
of many such, it is the only one of which we have a
full account. The adventures that befell Donelson’s
company differed in degree, but not in kind, from
those that befell the many similar flotillas that
followed or preceded him. From the time that settlers
first came to the upper Tennessee valley occasional
hardy hunters had floated down the stream in pirogues,
or hollowed out tree-trunks. Before the Revolution
a few restless emigrants had adopted this method of
reaching Natchez; some of them made the long and perilous
trip in safety, others were killed by the Chickamaugas
or else foundered in the whirlpools, or on the shoals.
The spring before Donelson started, a party of men,
women, and children, in forty canoes or pirogues,
went down the Tennessee to settle in the newly conquered
Illinois country, and skirmished with the Cherokees
or their way. [Footnote: State Department MSS.,
N, Vol. II., :
“JAMES COLBERT TO CHAS. STUART.
“CHICKASAW NATION, May 25, 1779.
“Sir, I was this
day informed that there is forty large Cannoes loaded
with men women and children passed by here down the
Cherokee River who on their way down they took a Dellaway
Indian prisoner & kept him till they found out what
Nation he was of they told him they had
come from Long Island and were on their way to Illinois
with an intent to settle Sir I have some
reason to think they are a party of Rebels. My
reason is this after they let the Dellaway Indian at
liberty they met with some Cherokees whom they endeavoured
to decoy, but finding they would not be decoyed they
fired on them but they all made their Escape with
the Loss of their arms and ammunition and one fellow
wounded, who arrived yesterday. The Dellaway
informs me that Lieut. Governor Hamilton is defeated
and himself taken prisoner,” etc.
It is curious that none of the Tennessee
annalists have noticed the departure of this expedition;
very, very few of the deeds and wanderings of the
old frontiersmen have been recorded; and in consequence
historians are apt to regard these few as being exceptional,
instead of typical. Donelson was merely one of
a hundred leaders of flotillas that went down the
western rivers at this time.]
Donelson’s flotilla, after being
joined by a number of other boats, especially at the
mouth of the Clinch, consisted of some thirty craft,
all told flat-boats, dug-outs, and canoes.
There were probably two or three hundred people, perhaps
many more, in the company; among them, as the journal
records, “James Robertson’s lady and children,”
the latter to the number of five. The chief boat,
the flag-ship of the flotilla, was the Adventure,
a great scow, in which there were over thirty men,
besides the families of some of them.
They embarked at Holston, Long Island,
on December 22d, but falling water and heavy frosts
detained them two months, and the voyage did not really
begin until they left Cloud Creek on February 27, 1780.
The first ten days were uneventful. The Adventure
spent an afternoon and night on a shoal, until the
water fortunately rose, and, all the men getting out,
the clumsy scow was floated off. Another boat
was driven on the point of an island and sunk, her
crew being nearly drowned; whereupon the rest of the
flotilla put to shore, the sunken boat was raised and
bailed out, and most of her cargo recovered.
At one landing-place a man went out to hunt, and got
lost, not being taken up again for three days, though
“many guns were fired to fetch him in,”
and the four-pounder on the Adventure was discharged
for the same purpose. A negro became “much
frosted in his feet and legs, of which he died.”
Where the river was wide a strong wind and high sea
forced the whole flotilla to lay to, for the sake
of the smaller craft. This happened on March 7th,
just before coming to the uppermost Chickamauga town;
and that night, the wife of one Ephraim Peyton, who
had himself gone with Robertson, overland, was delivered
of a child. She was in a boat whose owner was
named Jonathan Jennings.
The next morning they soon came to
an Indian village on the south shore. The Indians
made signs of friendliness, and two men started toward
them in a canoe which the Adventure had in
tow, while the flotilla drew up on the opposite side
of the river. But a half-breed and some Indians
jumping into a pirogue paddled out to meet the two
messengers and advised them to return to their comrades,
which they did. Several canoes then came off
from the shore to the flotilla. The Indians who
were in them seemed friendly and were pleased with
the presents they received; but while these were being
distributed the whites saw a number of other canoes
putting off, loaded with armed warriors, painted black
and red. The half-breed instantly told the Indians
round about to paddle to the shore, and warned the
whites to push off at once, at the same time giving
them some instructions about the river. The armed
Indians went down along the shore for some time as
if to intercept them; but at last they were seemingly
left behind.
In a short time another Indian village
was reached, where the warriors tried in vain to lure
the whites ashore; and as the boats were hugging the
opposite bank, they were suddenly fired at by a party
in ambush, and one man slain. Immediately afterwards
a much more serious tragedy occurred. There was
with the flotilla a boat containing twenty-eight men,
women, and children, among whom small-pox had broken
out. To guard against infection, it was agreed
that it should keep well in the rear; being warned
each night by the sound of a horn when it was time
to go into camp. As this forlorn boat-load of
unfortunates came along, far behind the others, the
Indians, seeing its defenceless position, sallied
out in their canoes, and butchered or captured all
who were aboard. Their cries were distinctly
heard by the rearmost of the other craft, who could
not stem the current and come to their rescue.
But a dreadful retribution fell on the Indians; for
they were infected with the disease of their victims,
and for some months virulent small-pox raged among
many of the bands of Creeks and Cherokees. When
stricken by the disease, the savages first went into
the sweat-houses, and when heated to madness, plunged
into the cool streams, and so perished in multitudes.
When the boats entered the Narrows
they had lost sight of the Indians on shore, and thought
they had left them behind. A man, who was in a
canoe, had gone aboard one of the larger boats with
his family, for the sake of safety while passing through
the rough water. His canoe was towed alongside,
and in the rapids it was overturned, and the cargo
lost. The rest of the company, pitying his distress
over the loss of all his worldly goods, landed, to
see if they could not help him recover some of his
property. Just as they got out on the shore to
walk back, the Indians suddenly appeared almost over
them, on the high cliffs opposite, and began to fire,
causing a hurried retreat to the boats. For some
distance the Indians lined the bluffs, firing from
the heights into the boats below. Yet only four
people were wounded, and they not dangerously.
One of them was a girl named Nancy Gower. When,
by the sudden onslaught of the Indians, the crew of
the boat in which she was were thrown into dismay,
she took the helm and steered, exposed to the fire
of the savages. A ball went through the upper
part of one of her thighs, but she neither flinched
nor uttered any cry; and it was not known that she
was wounded until, after the danger was past, her mother
saw the blood soaking through her clothes. She
recovered, married one of the frontiersmen, and lived
for fifty years afterwards, long enough to see all
the wilderness filled with flourishing and populous
States.
One of the clumsy craft, however,
did not share the good fortune that befell the rest,
in escaping with so little loss and damage. Jonathan
Jennings’ boat, in which was Mrs. Peyton, with
her new-born baby, struck on a rock at the upper end
of the whirl, the swift current rendering it impossible
for the others to go to his assistance; and they drifted
by, leaving him to his fate. The Indians soon
turned their whole attention to him, and from the
bluffs opened a most galling fire upon the disabled
boat. He returned it as well as he could, keeping
them somewhat in check, for he was a most excellent
marksman. At the same time he directed his two
negroes, a man and woman, his nearly grown son, and
a young man who was with him, to lighten the boat
by throwing his goods into the river. Before
this was done, the negro man, the son, and the other
young man most basely jumped into the river, and swam
ashore. It is satisfactory to record that at
least two of the three dastards met the fate they
deserved. The negro was killed in the water, and
the other two captured, one of them being afterwards
burned at the stake, while the other, it is said,
was ultimately released. Meanwhile Mrs. Jennings,
assisted by the negro woman and Mrs. Peyton, actually
succeeded in shoving the lightened boat off the rock,
though their clothes were cut in many places by the
bullets; and they rapidly drifted out of danger.
The poor little baby was killed in the hurry and confusion;
but its mother, not eighteen hours from child-bed,
in spite of the cold, wet, and exertion, kept in good
health. Sailing by night as well as day, they
caught up with the rest of the flotilla before dawn
on the second morning afterwards, the men being roused
from their watch-fires by the cries of “help
poor Jennings,” as the wretched and worn-out
survivors in the disabled boat caught the first glimpse
of the lights on shore.
Having successfully run the gauntlet
of the Chickamauga banditti, the flotilla was not
again molested by the Indians, save once when the boats
that drifted near shore were fired on by a roving war
party, and five men wounded. They ran over the
great Muscle Shoals in about three hours without accident,
though the boats scraped on the bottom here and there.
The swift, broken water surged into high waves, and
roared through the piles of driftwood that covered
the points of the small islands, round which the currents
ran in every direction; and those among the men who
were unused to river-work were much relieved when they
found themselves in safety. One night, after
the fires had been kindled, the tired travellers were
alarmed by the barking of the dogs. Fearing that
Indians were near by, they hastily got into the boats
and crossed to camp on the opposite shore. In
the morning two of them returned to pick up some things
that had been left; they found that the alarm had been
false, for the utensils that had been overlooked in
the confusion were undisturbed, and a negro who had
been left behind in the hurry was still sleeping quietly
by the camp-fires.
On the 20th of the month they reached
the Ohio. Some of the boats then left for Natchez,
and others for the Illinois country; while the remainder
turned their prows up stream, to stem the rapid current a
task for which they were but ill-suited. The work
was very hard, the provisions were nearly gone, and
the crews were almost worn out by hunger and fatigue.
On the 24th they entered the mouth of the Cumberland.
The Adventure, the heaviest of all the craft,
got much help from a small square-sail that was set
in the bow.
Two days afterwards the hungry party
killed some buffalo, and feasted on the lean meat,
and the next day they shot a swan “which was
very delicious,” as Donelson recorded.
Their meal was exhausted and they could make no more
bread; but buffalo were plenty, and they hunted them
steadily for their meat; and they also made what some
of them called “Shawnee salad” from a
kind of green herb that grew in the bottoms.
On the last day of the month they
met Col. Richard Henderson, who had just come
out and was running the line between Virginia and North
Carolina. The crews were so exhausted that the
progress of the boats became very slow, and it was
not until April 24th that they reached the Big Salt
Lick, and found Robertson awaiting them. The long,
toilsome, and perilous voyage had been brought to
a safe end.
There were then probably nearly five
hundred settlers on the Cumberland, one half of them
being able-bodied men in the prime of life. The central station, the capitol
of the little community, was that at the Bluff, where
Robertson built a little stockaded hamlet and called
it Nashborough; it was of the usual type of small
frontier forted town. Other stations were scattered
along both sides of the river; some were stockades,
others merely block-houses, with the yard and garden
enclosed by stout palings. As with all similar
border forts or stations, these were sometimes called
by the name of the founder; more rarely they were named
with reference to some natural object, such as the
river, ford, or hill by which they were, or commemorated
some deed, or the name of a man the frontiersmen held
in honor; and occasionally they afforded true instances
of clan-settlement and clan-nomenclature, several
kindred families of the same name building a village
which grew to be called after them. Among these
Cumberland stations was Mansker’s (usually called
Kasper’s or Gaspers he was not particular
how his name was spelled), Stone River, Bledsoe’s,
Freeland’s, Eatons’, Clover-Bottom, and
Fort Union.
As the country where they had settled
belonged to no tribe of Indians, some of the people
thought they would not be molested, and, being eager
to take up the best lands, scattered out to live on
separate claims. Robertson warned them that they
would soon suffer from the savages; and his words
speedily came true whereupon the outlying
cabins were deserted and all gathered within the stockades.
In April roving parties of Delawares, Chickasaws,
and Choctaws began to harass the settlement.
As in Kentucky, so on the banks of the Cumberland,
the Indians were the first to begin the conflict.
The lands on which the whites settled were uninhabited,
and were claimed as hunting-grounds by many hostile
tribes; so that it is certain that no one tribe had
any real title to them.
Formation of a Government.
True to their customs and traditions,
and to their race-capacity for self-rule, the settlers
determined forthwith to organize some kind of government
under which justice might be done among themselves,
and protection afforded against outside attack.
Not only had the Indians begun their ravages, but
turbulent and disorderly whites were also causing
trouble. Robertson, who had been so largely instrumental
in founding the Watauga settlement, and giving it
laws, naturally took the lead in organizing this,
the second community which he had caused to spring
up in the wilderness. He summoned a meeting of
delegates from the various stations, to be held at
Nashborough; Henderson being foremost in advocating the
adoption of the plan.
In fact, Henderson, the treaty-maker
and land-speculator, whose purchase first gave the
whites clear color of title to the valleys of the
Kentucky and Cumberland, played somewhat the same part,
though on a smaller scale, in the settlement made
by Robertson as in that made by Boon. He and
the Virginian commissioner Walker, had surveyed the
boundary line and found that the Cumberland settlements
were well to the south of it. He then claimed
the soil as his under the Cherokee deed; and disposed
of it to the settlers who contracted to pay ten dollars
a thousand acres. This was but a fraction of
the State price, so the settlers were all eager to
hold under Henderson’s deed; one of the causes
of their coming out had been the chance of getting
land so cheap. But Henderson’s claim was
annulled by the legislature, and the satisfaction-piece
of 200,000 acres allotted him was laid off elsewhere;
so his contracts with the settlers came to nothing,
and they eventually got title in the usual way from
North Carolina. They suffered no loss in the
matter, for they had merely given Henderson promises
to pay when his title was made good.
The settlers, by their representatives,
met together at Nashborough, and on May 1, 1780, entered
into articles of agreement or a compact of government.
It was doubtless drawn up by Robertson, with perhaps
the help of Henderson, and was modelled upon what
may be called the “constitution” of Watauga,
with some hints from that of Transylvania. The settlers ratified the deeds of their
delegates on May 13th, when they signed the articles,
binding themselves to obey them to the number of two
hundred and fifty-six men. The signers practically
guaranteed one another their rights in the land, and
their personal security against wrong-doers; those
who did not sign were treated as having no rights
whatever a proper and necessary measure
as it was essential that the naturally lawless elements
should be forced to acknowledge some kind of authority.
The compact provided that the affairs
of the community should be administered by a Court
or Committee of twelve Judges, Triers or General Arbitrators,
to be elected in the different stations by vote of
all the freemen in them who were over twenty-one years
of age. Three of the Triers were to come from
Nashborough, two from Mansker’s, two from Bledsoe’s,
and one from each of five other named stations. Whenever the freemen of any station
were dissatisfied with their Triers, they could at
once call a new election, at which others might be
chosen in their stead. The Triers had no salaries,
but the Clerk of the Court was allowed some very small
fees, just enough to pay for the pens, ink, and paper,
all of them scarce commodities. The Court had jurisdiction in all cases of conflict
over land titles; a land office being established and
an entry taker appointed. Over half of the compact
was devoted to the rules of the land office.
The Court, acting by a majority of its members, was
to have jurisdiction for the recovery of debt or damages,
and to be allowed to tax costs. Three Triers were
competent to make a Court to decide a case where the
debt or damage was a hundred dollars or less; and
there was no appeal from their decision. For a
larger sum an appeal lay to the whole Court.
The Court appointed whomsoever it pleased to see decisions
executed. It had power to punish all offences
against the peace of the community, all misdemeanors
and criminal acts, provided only that its decisions
did not go so far as to affect the life of the criminal.
If the misdeed of the accused was such as to be dangerous
to the State, or one “for which the benefit
of clergy was taken away by law,” he was to
be bound and sent under guard to some place where he
could be legally dealt with. The Court levied
fines, payable in money or provisions, entered up
judgments and awarded executions, and granted letters
of administration upon estates of deceased persons,
and took bonds “payable to the chairman of the
Committee.” The expenses were to be paid
proportionately by the various settlers. It was
provided, in view of the Indian incursions, that the
militia officers elected at the various stations should
have power to call out the militia when they deemed
it necessary to repel or pursue the enemy. They
were also given power to fine such men as disobeyed
them, and to impress horses if need be; if damaged,
the horses were to be paid for by the people of the
station in the proportion the Court might direct.
It was expressly declared that the compact was designed
as a “temporary method of restraining the licentious”;
that the settlement did not desire to be exempt from
the ratable share of the expense for the Revolutionary
war, and earnestly asked that North Carolina would
immediately make it part of the State, erecting it
into a county. Robertson was elected chairman
of the Court, and colonel of the militia, being thus
made both civil and military commandant of the settlement.
In common with the other Triers he undertook the solemnization
of marriages; and these were always held legal, which
was fortunate, as it was a young and vigorous community,
of which the members were much given to early wedlock.
Thus a little commonwealth, a self-governing
state, was created. It was an absolute democracy,
the majority of freemen of full age in each stockade
having power in every respect, and being able not only
to elect, but to dismiss their delegates at any moment.
Their own good sense and a feeling of fair play could
be depended upon to protect the rights of the minority,
especially as a minority of such men would certainly
not tolerate any thing even remotely resembling tyranny.
They had formed a representative government in which
the legislative and judicial functions were not separated,
and were even to a large extent combined with the
executive. They had proceeded in an eminently
practical manner, having modelled their system on what
was to them the familiar governmental unit of the
county with its county court and county militia officers.
They made the changes that their peculiar position
required, grafting the elective and representative
systems on the one they adopted, and of course enlarging
the scope of the court’s action. Their
compact was thus in some sort an unconscious reproduction
of the laws and customs of the old-time court-leet,
profoundly modified to suit the peculiar needs of
backwoods life, the intensely democratic temper of
the pioneers and above all the military necessities
of their existence. They had certain theories
of liberty and justice; but they were too shrewd and
hard-headed to try to build up a government on an
entirely new foundation, when they had ready to hand
materials with which they were familiar. They
knew by experience the workings of the county system;
all they did was to alter the immediate channel from
which the court drew its powers, and to adapt the representation
to the needs of a community where constant warfare
obliged the settlers to gather in little groups, which
served as natural units.
When the settlers first came to the
country they found no Indians living in it, no signs
of cultivation or cleared land, and nothing to show
that for ages past it had been inhabited. It
was a vast plain, covered with woods and canebrakes,
through which the wild herds had beaten out broad
trails. The only open places were the licks, sometimes
as large as corn-fields, where the hoofs of the game
had trodden the ground bare of vegetation, and channelled
its surface with winding seams and gullies. It
is even doubtful if the spot of bare ground which Mansker
called an “old field” or sometimes a “Chickasaw
old field” was not merely one of these licks.
Buffalo, deer, and bear abounded; elk, wolves, and
panthers were plentiful.
Yet there were many signs that in
long by-gone times a numerous population had dwelt
in the land. Round every spring were many graves,
built in a peculiar way, and covered eight or ten inches
deep by mould. In some places there were earth-covered
foundations of ancient walls and embankments that
enclosed spaces of eight or ten acres. The Indians
knew as little as the whites about these long-vanished
mound-builders, and were utterly ignorant of the race
to which they had belonged.
Indian Hostilities.
For some months the whites who first
arrived dwelt in peace. But in the spring, hunting
and war parties from various tribes began to harass
the settlers. Unquestionably the savages felt
jealous of the white hunters, who were killing and
driving away the game, precisely as they all felt
jealous of one another, and for the same reason.
The Chickasaws in particular, were much irritated
by the fort Clark had built at Iron Bank, on the Mississippi.
But the most powerful motive for the attacks was doubtless
simply the desire for scalps and plunder. They
gathered from different quarters to assail the colonists,
just as the wild beasts gathered to prey on the tame
herds.
The Indians began to commit murders,
kill the stock, and drive off the horses in April,
and their ravages continued unceasingly throughout
the year. Among the slain was a son of Robertson,
and also the unfortunate Jonathan Jennings, the man
who had suffered such loss when his boat was passing
the whirl of the Tennessee River. The settlers
were shot as they worked on their clearings, gathered
the corn crops, or ventured outside the walls of the
stockades. Hunters were killed as they stooped
to drink at the springs, or lay in wait at the licks.
They were lured up to the Indians by imitations of
the gobbling of a turkey or the cries of wild beasts.
They were regularly stalked as they still-hunted the
game, or were ambushed as they returned with their
horses laden with meat. The inhabitants of one
station were all either killed or captured. Robertson
led pursuing parties after one or two of the bands,
and recovered some plunder; and once or twice small
marauding parties were met and scattered, with some
loss, by the hunters. But, on the whole, very
little could be done at first to parry or revenge the
strokes of the Indians.
Horses and cattle had been brought
into the new settlement in some number during the
year; but the savages killed or drove off most of
them, shooting the hogs and horned stock, and stealing
the riding animals. The loss of the milch cows
in particular, was severely felt by the women.
Moreover, there were heavy freshets, flooding the low
bottoms on which the corn had been planted, and destroying
most of the crop.
These accumulated disasters wrought
the greatest discouragement among the settlers.
Many left the country, and most of the remainder, when
midsummer was past, began to urge that they should
all go back in a body to the old settlements.
The panic became very great. One by one the stockades
were deserted, until finally all the settlers who remained
were gathered in Nashborough and Freelands. The
Cumberland country would have been abandoned to the
Indians, had Robertson not shown himself to be exactly
the man for whom the crisis called.
Robertson was not a dashing, brilliant
Indian fighter and popular frontier leader, like Sevier.
He had rather the qualities of Boon, with the difference
that he was less a wandering hunter and explorer, and
better fitted to be head of a settled community.
He was far-seeing, tranquil, resolute, unshaken by
misfortune and disaster; a most trustworthy man, with
a certain severe fortitude of temper. All people
naturally turned to him in time of panic, when the
ordinarily bold and daring became cowed and confused.
The straits to which the settlers were reduced, and
their wild clamor for immediate flight, the danger
from the Indians, the death of his own son all combined
failed to make him waver one instant in his purpose.
He strongly urged on the settlers the danger of flight
through the wilderness. He did not attempt to
make light of the perils that confronted them if they
remained, but he asked them to ponder well if the
beauty and fertility of the land did not warrant some
risk being run to hold it, now that it was won.
They were at last in a fair country fitted for the
homes of their children. Now was the time to
keep it. If they abandoned it, they would lose
all the advantages they had gained, and would be forced
to suffer the like losses and privations if they ever
wished to retake possession of it or of any similar
tract of land. He, at least, would not turn back,
but would stay to the bitter end.
His words and his steadfast bearing
gave heart to the settlers, and they no longer thought
of flight. As their corn had failed them they
got their food from the woods. Some gathered
quantities of walnuts, hickory-nuts, and shelbarks,
and the hunters wrought havoc among the vast herds
of game. During the early winter one party of
twenty men that went up Caney Fork on a short trip,
killed one hundred and five bears, seventy-five buffaloes,
and eighty-seven deer, and brought the flesh and hides
back to the stockades in canoes; so that through the
winter there was no lack of jerked and smoke-dried
meat.
The hunters were very accurate marksmen;
game was plenty, and not shy, and so they got up close
and rarely wasted a shot. Moreover, their smallbore
rifles took very little powder in fact the
need of excessive economy in the use of ammunition
when on their long hunting-trips was one of the chief
reasons for the use of small bores. They therefore
used comparatively little ammunition. Nevertheless,
by the beginning of winter both powder and bullets
began to fail. In this emergency Robertson again
came to the front to rescue the settlement he had
founded and preserved. He was accustomed to making
long, solitary journeys through the forest, unmindful
of the Indians; he had been one of the first to come
from North Carolina to Watauga; he had repeatedly
been on perilous missions to the Cherokees; he had
the previous year gone north to the Illinois country
to meet Clark. He now announced that he would
himself go to Kentucky and bring back the needed ammunition;
and at once set forth on his journey, across the long
stretches of snow-powdered barrens, and desolate,
Indian-haunted woodland.