After Examination Henderson is licensed to practise Law. —Defeat of the Shawnees by the Virginians who claimed the Land south of the Ohio.—The Attention of Settlers directed to the Land beyond the Alleghanies.—Henderson resolves to form a Transylvania Company and colonize Ken-ta-kee.—Buys from the Cherokees twenty million Acres for ten thousand Pounds Sterling, March, 1775.—Bands of Earlier Kentucky Settlers, fleeing from the Indians, meet Henderson's Colonists.—His Advance, led by Daniel Boone, attacked by Indians.—Henderson appeals in vain to the Fugitives to return with him.—Arrival of the Colonists at the Site of Boonesborough.—Henderson's Anxiety regarding Virginia's Attitude toward his Purchase.—The Governor of Virginia sends a Force which overthrows the Colony.—Actual Settlers on the Purchase permitted to remain in Title.—Grants of Land made to the Company by Virginia and North Carolina in Return for their Outlay.—The Moral Effect of this Proof that the West could be successfully colonized.

RICHARD HENDERSON: THE FOUNDER OF TRANSYLVANIA

In early days in North Carolina, the young man who desired to practise law was compelled to get a certificate from the Chief Justice of the colony and to present this to the Governor; the latter examined the candidate, and, becoming satisfied as to his attainments, granted him a license. Almost a century and a half ago a youth presented himself to the Governor of that colony with the proper credentials and asked that he be examined for admission to the bar. His name, he affirmed, was Richard Henderson. His father, Samuel Henderson, had moved from Virginia in 1745, Richard's tenth year, and was now Sheriff of Granville County. Richard had assisted his father "in the business of the sherifftry," and, with a few books, had picked up his knowledge of law.

All this the Governor of North Carolina learned with indifference, we can imagine, as he looked the broad-shouldered lad up and down. It may be that North Carolina had now a surplus of pettifoggers; at any rate the Governor was not granting licenses with a free hand to-day. The youth was not voluble, though his firm square jaw denoted both sturdiness and determination; perhaps he was somewhat abashed, as he well may have been, in the presence of the chief executive of the colony.

"How long have you read law?" asked the Governor.

"A twelve-month," answered the lad.

"And what books have you read?" We can fancy there was the tinge of a sneer in these words. Henderson named his books. If the sneer was hidden until now, it instantly appeared as the young applicant was bluntly told that it was nonsense for him to appear for an examination after such a short period of study of such a limited number of books.

The firm jaws were clinched and the gray eyes snapped as the rebuke was administered. Despite his homely exterior and unpolished address the boy was already enough of a jurist to love justice and fair play; if silent under many circumstances, he could speak when the time demanded speech.

"Sir," he replied,—and it can be believed there was a ring to the words,—"I am an applicant for examination: it is your duty to examine me; if I am found worthy, I should be granted a license, and if not, I should be refused one, not before."

We can be sure that the Governor bristled up at hearing his duty outlined to him from the lips of a country boy; and it is no less probable that as he began an examination it was wholly with the intention of demoralizing utterly the spirit of the youth who had spoken so boldly. The answers did not come so rapidly, probably, as the questions were asked, nor were they formulated with equal nicety; but the substance was there, of sufficient quantity and sturdy quality, and in short order the Governor, who was a gentleman, found himself admiring the cool, discerning lad who had the confidence of his convictions. The license was granted and with it a bountiful degree of honest praise.

Young Henderson immediately began the practice of law and was increasingly successful; before the outbreak of the Revolution he was judge on the bench of the Superior Court of North Carolina. As early as 1774 North Carolina was convulsed in the Revolutionary contest, and in that year the Colonial government was abolished there.

The student will search in vain to find the earliest motive which led Judge Henderson to turn his eyes to the westward at this juncture. Yet since he had come of age he had witnessed important events: the French and Indian War had been fought and won; Pontiac's rebellion had been put down; the famous treaty of Fort Stanwix, which gave Virginia all the territory between the Ohio and Tennessee rivers, had been signed; and now in 1774, when North Carolina was in the throes of revolution, Governor Dunmore of Virginia and General Andrew Lewis defeated the savage Shawnees who had attempted to challenge Virginia's right to the land south of the Ohio. The stories of the first explorers of the hinterland beyond the Alleghanies—Walker, Gist, Washington, and Boone—were now attracting more attention as people began to believe that the Indians could, after all, be made to keep their treaty pledges. As the Revolutionary fires raged in North Carolina, many turned their eyes to the fresh green lands beyond the mountains of which the "Long Hunters" and Boone had told. Were those dreams true? Was there a pleasant land beyond dark Powell's Valley and darker Cumberland Gap where the British would cease from troubling, and honest men, as well as criminals and debtors, would be at rest? The hope in one man's breast became a conviction, and the conviction a firm purpose. Judge Henderson resolved to form a Transylvania Company, secure a large tract of land, and lead a colony into the sweet meadows of Ken-ta-kee.

It is not known when or how Judge Henderson learned that the Cherokees would sell a portion of their Western hunting grounds. It may have been only a borderland rumor; perhaps it came directly from the wigwams of the Indians at the mouth of a "Long Hunter," possibly a Boone or a Harrod. Somehow it did come, and Henderson resolved immediately to make a stupendous purchase and follow it up with a remarkable emigration. It will be proper to add at once that there is as little probability that the Cherokees had a legal right to sell as that Henderson had to buy; but neither party stood on technicalities. Virginia's sweeping claims, made good by daring politics at the treaty of Fort Stanwix, covered all the territory between the Ohio and the Tennessee. A Virginian law forbade the private purchase of land from the Indians, though Virginia herself had acquired it by flagrantly evading the plain meaning of the King's proclamation of 1763 in making such a purchase from the Six Nations. And the claim of the Six Nations to possession of the Old Southwest was less substantial than that of the Cherokees who still hunted there.

Passing, then, these technicalities as lightly as Virginia and Henderson did (a common failing in the rough old days when this region was but a moaning forest), let us look quickly to the West. Henderson's plan was admirably laid. He at once took into his service the cool and trusty Daniel Boone. The latter was posted off to that most distant of borderland communities, the Watauga Settlement, to arrange a meeting between the officers of the Transylvania Company and the chiefs of the Cherokees. And here, at the famed Sycamore Shoals on this Watauga tributary of the Tennessee, on the 17th of March, 1775, Richard Henderson signed the treaty of Fort Watauga. His business associates were Judge John Williams, Leonard Henley Bullock, James Hogg, Nathaniel Thomas, David Hart, John Luttrell, and William Johnstone. But even the well-informed Boone could not make all things move smoothly, and there were delays ere the vast tract of twenty million acres lying south of the Kentucky River was satisfactorily secured. The Cherokee chieftain, Oconostota, opposed the treaty, and the stipulation named, ten thousand pounds sterling in goods; he made, it is said, one of the "most eloquent orations that ever fell from red man's lips," against Boone and Henderson. At the close the quiet promoter, who "could be silent in English and two Indian languages," met the Indian orator apart and alone. No one ever knew what passed between them, but the treaty of Fort Watauga was duly signed. All was ready now for the advance movement, and Henderson immediately employed Daniel Boone to move forward to mark the path to the Kentucky River, where the settlement was to be made. Felix Walker was one of the band of woodsmen assembled by Boone to assist in this task of marking out for white men the Indian path through Cumberland Gap. "Colonel Boone ... was to be our pilot," Walker records, "through the wilderness, to the promised land."

Kentucky was a promised land; it was promised by the Cherokees, and none knew better than the savage Shawnees that Cherokee promises were worth no more than their own. In 1773 and 1774 numbers of the half-civilized pioneers had been pressing into Kentucky, and in the latter year cabins had been raised in many quarters. Whether or not there was any sign of genuine permanency in these beginnings, Dunmore's War, which broke out in 1774, put everything at hazard; the Kentucky movement was seemingly destroyed for the time being. For this reason it is that the Henderson purchase at Fort Watauga in March, 1775, was of as precious moment and providential timeliness as perhaps any other single private enterprise in our early history. As will be seen, the Ohio Company played a most important role in the history of the West in 1787, by making possible the famous Ordinance; but the filling of Kentucky in 1775 was more important at that hour than any other social movement at any other hour in Western history.

For Henderson "meant business": this was not a get-rich-quick scheme that he was foisting upon others. He came to Watauga in the expectation of proceeding onward to the farlying land he would buy—a man willing to make great personal as well as financial risk in a venture more chimerical in its day than the incorporation of an airship freight line would be to-day. And by the twentieth of March, Henderson was ready to push westward, along that winding line of wounded trees, up hill and down valley, to the Gap and beyond into the wilderness which lay between the Cumberland Mountains and the meadow lands of Kentucky.

Leaving Fort Watauga March 20, the party, chief of which were Henderson, Hart, and Luttrell, reached Captain Joseph Martin's station in Powell's Valley on the thirtieth. Of the experiences of these men, recounted so interestingly in Henderson's little yellow diary, nothing is so significant as the parties of pioneers which they soon began to meet retreating from Kentucky. The first of these hurrying bands of fugitives was encountered as early as April 7, and between that date and April 19 at least seventy-six fugitives from the "dark and bloody ground" met and passed Henderson's little colony of forty. Lewis's victory of the Summer before had embittered the savages beyond all words; and now, as the Spring of 1775 dawned in the lonely mountain valleys, these first adventurers into Kentucky were hurrying eastward. And this dread of Indian hostility was not a chimera; even as Boone's party was hacking its route to the Kentucky River, it was ambushed in camp by an Indian horde, which assailed it when night was darkest, just before dawn; one man was killed and two were wounded, one of them fatally.

Now it was that Boone sent Henderson those thrilling words which can be understood only when we realize that the Indian marauders were driving out of Kentucky the entire van which came there and began settling in 1774. "My advice to you, Sir," wrote Boone from that bloody battleground on the trail, "is to come or send as soon as possible. Your company is desired greatly, for the people are very uneasy, but are willing to stay and venture their lives with you, and now is the time to frustrate the intentions of the Indians, and keep the country whilst we are in it. If we give way to them now, it will ever be the case."

There is, unfortunately, no portrait of Richard Henderson in existence; if one picture by some magic art could be secured, those who are proudest of his memory could surely prefer no scene to this: a man a little above average height, broad of shoulders but not fleshy, clad in the rough garb of the typical pioneer, standing in Boone's trail on a ragged spur of the gray-grained Cumberlands, pleading with a pale-faced, disheartened Kentucky pioneer, to turn about, join his company, and return to the Kentucky River. For this was the mission of his life—to give heart to that precious movement into Kentucky at this critical first hour of her history. A beginning had been made, but it was on the point of being swept from its feet. The Transylvania Company, led with courage and confidence by Boone and Henderson, ignored the fears of fugitives and triumphed splendidly in the face of every known and many unknown fears.

At noon of Saturday, April 8, Henderson and his followers were toiling up the ascent into Cumberland Gap. On this day a returning party as large as Henderson's was encountered. "Met about 40 persons returning from the Cantuckey," wrote Henderson in his diary. "On Acct. of the Late Murder by the Indians, could prevail one [on] one only to return. Memo. Several Virginians who were with us returned." On the twelfth another company of fugitives was met on Richmond Creek; William Calk, one of Henderson's party, jotted this down in his journal: "There we met another Company going back [to Virginia]; they tell such News Abram and Drake is afraid to go aney further." This "Abram " was Abraham Hanks, uncle of Nancy Hanks, the mother of Abraham Lincoln. But pushing bravely on, Henderson and his daring associates reached the site of the new Boonesborough (Fort Boone, Henderson called it) on the twentieth of April.

From this it is well to date the founding of a genuine settlement in Kentucky, one day after the rattle of that running fire of muskets at Lexington and Concord which rang around the world. In an indefinite sense, there were settlements in Kentucky before this; but no promoter-friend of Kentucky ever coaxed back over the Cumberland Mountains any of the founders of Boonesborough! True, Boonesborough itself did not exist permanently; but not because the land was deserted. Boonesborough was not on the direct line from Cumberland Gap to the "Falls of the Ohio" (Louisville), and did not play the part in later Kentucky history that Harrodsburg and Crab Orchard did. It was, however, the first important fortified Kentucky station, and its builders, chief of whom was Richard Henderson, received their heroic inspiration from no persons or parties in existence in Kentucky when they came thither. Henderson's determination to hold the ground gained is seen in the following letter written in July, 1775, to Captain Martin, in Powell's Valley, who had just given the Indians a bloody check: "... Your spirited conduct gives me great pleasure. Keep your men in heart if possible; now is your time, the Indians must not drive us." A touch of the loneliness of Judge Henderson's situation is sensed in another letter to Martin: "I long much to hear from you," he writes from the banks of the far-away Kentucky, "pray write me at large, how the matter goes with you in the valley, as well as what passes in Virginia."

Little wonder he was anxious concerning Virginia's attitude toward his purchase and the bold advance of his party of colonizers, from which several Virginians had deserted. There could be no doubt of Virginia's opinion of these North Carolinians who had taught that colony what could be done in the West by brave, determined men. Henderson's purchase was annulled, and Henderson and his compatriots were described as vagabond interlopers, in a governor's anathema. Before this was known, Henderson issued a regular call for a meeting of the colonists to take the initial steps of forming a State government. But all that Henderson planned is not to our purpose here. A rush of Virginians through the doorway in Cumberland Gap, which Boone and Henderson had opened, swept the inchoate state of Transylvania from record and almost from memory. The Transylvania Company never survived the Virginia governor's proclamation, North Carolina joining Virginia in repudiating the private purchase. Actual settlers on Henderson's purchase, however, were permitted to remain in title; and, in return for the money expended by Henderson and his associates, Virginia granted his company two hundred thousand acres of land in the vicinity of Henderson, Kentucky; and North Carolina granted an equal amount in Carter's Valley near the Cumberland Mountains. In each case the actual acreage was about double that mentioned in the grant.

But this appropriation of nearly a million acres to the Henderson Company cannot be viewed at this day as other than a payment for great value received. From any standpoint Richard Henderson's brave advance into Kentucky, in April, 1775, must be considered one of the most heroic displays of that typical American spirit of comprehensive aggrandizement of which so much is heard to-day. Its great value may be guessed from the moral effect of the founding of Fort Boone at the critical hour when the Revolutionary flames, so long burning in secret, burst forth to enlighten the world. It meant much to the East that Henderson and Boone should prove that a settlement on the lower Ohio Basin could be made and maintained; it meant everything to the infant West that Kentucky should so soon begin to fill with men, women, and children. The debt of Ohio, Indiana, and Illinois to Kentucky can never be paid and probably never will be appropriately recognized. The lands north of the Ohio were freed from savage dominion largely by the raiding Kentuckians. It is certain that the most spectacular campaign in Western history, Clark's conquest of Illinois, would never have taken place in 1778 if Henderson and Boone had not placed the possibility of successful Kentucky immigration beyond a reasonable doubt in 1775.

Judge Henderson returned to North Carolina upon the failure of the Transylvania Company, no doubt depressed and disappointed. The later allotment of land to the Transylvania Company by Virginia and North Carolina in part annulled the severe early defamatory charges of the Virginia governor. He lived to a peaceful old age, and lies buried near his old colonial mansion near Williamstown, North Carolina.

Boonesborough is well remembered as Boone's Fort; but it is unjust to forget that Boone was acting in the employ of Richard Henderson, the founder of Transylvania.