Three other similar forts or stations were built about the same time as Boonsborough, namely: Harrodstown, Boiling Springs, and St. Asaphs, better known as Logan's Station, from its founder's name. These all lay to the southwest, some thirty odd miles from Boonsborough. Every such fort or station served as the rallying-place for the country round about, the stronghold in which the people dwelt during time of danger; and later on, when all danger had long ceased, it often remained in changed form, growing into the chief town of the district. Each settler had his own farm besides, often a long way from the fort, and it was on this that he usually intended to make his permanent home. This system enabled the inhabitants to combine for defence, and yet to take up the large tracts of four to fourteen hundred acres,369 to which they were by law entitled. It permitted them in time of peace to live well apart, with plenty of room between, so that they did not crowd one another—a fact much appreciated by men in whose hearts the spirit of extreme independence and self-reliance was deeply ingrained. Thus the settlers were scattered over large areas, and, as elsewhere in the southwest, the county and not the town became the governmental unit. The citizens even of the smaller governmental divisions acted through representatives, instead of directly, as in the New England town-meetings.370 The centre of county government was of course the county court-house.
Henderson, having established a land agency at Boonsborough, at once proceeded to deed to the Transylvania colonists entry certificates of surveys of many hundred thousand acres. Most of the colonists were rather doubtful whether these certificates would ultimately prove of any value, and preferred to rest their claims on their original cabin rights; a wise move on their part, though in the end the Virginia Legislature confirmed Henderson's sales in so far as they had been made to actual settlers. All the surveying was of course of the very rudest kind. Only a skilled woodsman could undertake the work in such a country; and accordingly much of it devolved on Boon, who ran the lines as well as he could, and marked the trees with his own initials, either by powder or else with his knife.371 The State could not undertake to make the surveys itself, so it authorized the individual settler to do so. This greatly promoted the rapid settlement of the country, making it possible to deal with land as a commodity, and outlining the various claims; but the subsequent and inevitable result was that the sons of the settlers reaped a crop of endless confusion and litigation.
It is worth mentioning that the Transylvania company opened a store at Boonsborough. Powder and lead, the two commodities most in demand, were sold respectively for $2.66-2/3 and 16-2/3 cents per pound. The payment was rarely made in coin; and how high the above prices were may be gathered from the fact that ordinary labor was credited at 33-1/3 cents per day while fifty cents a day was paid for ranging, hunting, and working on the roads.372
Henderson immediately proceeded to organize the government of his colony, and accordingly issued a call for an election of delegates to the Legislature of Transylvania, each of the four stations mentioned above sending members. The delegates, seventeen in all, met at Boonsborough and organized the convention on the 23d of May. Their meetings were held without the walls of the fort, on a level plain of white clover, under a grand old elm. Beneath its mighty branches a hundred people could without crowding find refuge from the noon-day sun; it was a fit council-house for this pioneer legislature of game hunters and Indian fighters.373
These weather-beaten backwoods warriors, who held their deliberations in the open air, showed that they had in them good stuff out of which to build a free government. They were men of genuine force of character, and they behaved with a dignity and wisdom that would have well become any legislative body. Henderson, on behalf of the proprietors of Transylvania, addressed them, much as a crown governor would have done. The portion of his address dealing with the destruction of game is worth noting. Buffalo, elk, and deer had abounded immediately round Boonsborough when the settlers first arrived, but the slaughter had been so great that even after the first six weeks the hunters began to find some difficulty in getting any thing without going off some fifteen or twenty miles. However, stray buffaloes were still killed near the fort once or twice a week.374 Calk in his journal quoted above, in the midst of entries about his domestic work—such as, on April 29th "we git our house kivered with bark and move our things into it at Night and Begin housekeeping," and on May 2d, "went and sot in to clearing for corn,"—mentions occasionally killing deer and turkey; and once, while looking for a strayed mare, he saw four "bofelos." He wounded one, but failed to get it, with the luck that generally attended backwoods hunters when they for the first time tried their small-bore rifles against these huge, shaggy-maned wild cattle.
As Henderson pointed out, the game was the sole dependence of the first settlers, who, most of the time, lived solely on wild meat, even the parched corn having been exhausted; and without game the new-comers could not have stayed in the land a week.375 Accordingly he advised the enactment of game-laws; and he was especially severe in his comments upon the "foreigners" who came into the country merely to hunt, killing off the wild beasts, and taking their skins and furs away, for the benefit of persons not concerned in the settlement. This last point is curious as showing how instantly and naturally the colonists succeeded not only to the lands of the Indians, but also to their habits of thought; regarding intrusion by outsiders upon their hunting-grounds with the same jealous dislike so often shown by their red-skinned predecessors.
Henderson also outlined some of the laws he thought it advisable to enact, and the Legislature followed his advice. They provided for courts of law, for regulating the militia, for punishing criminals, fixing sheriffs' and clerks' fees, and issuing writs of attachment.376 One of the members was a clergyman: owing to him a law was passed forbidding profane swearing or Sabbath-breaking; a puritanic touch which showed the mountain rather than the seaboard origin of the men settling Kentucky. The three remaining laws the Legislature enacted were much more characteristic, and were all introduced by the two Boons—for Squire Boon was still the companion of his brother. As was fit and proper, it fell to the lot of the greatest of backwoods hunters to propose a scheme for game protection, which the Legislature immediately adopted; and his was likewise the "act for preserving the breed of horses,"—for, from the very outset, the Kentuckians showed the love for fine horses and for horse-racing which has ever since distinguished them. Squire Boon was the author of a law "to protect the range"; for the preservation of the range or natural pasture over which the branded horses and cattle of the pioneers ranged at will, was as necessary to the welfare of the stock as the preservation of the game was to the welfare of the men. In Kentucky the range was excellent, abounding not only in fine grass, but in cane and wild peas, and the animals grazed on it throughout the year. Fires sometimes utterly destroyed immense tracts of this pasture, causing heavy loss to the settlers; and one of the first cares of pioneer legislative bodies was to guard against such accidents.
It was likewise stipulated that there should be complete religious freedom and toleration for all sects. This seems natural enough now, but in the eighteenth century the precedents were the other way. Kentucky showed its essentially American character in nothing more than the diversity of religious belief among the settlers from the very start. They came almost entirely from the backwoods mountaineers of Virginia, Pennsylvania, and North Carolina, among whom the predominant faith had been Presbyterianism; but from the beginning they were occasionally visited by Baptist preachers,377 whose creed spread to the borders sooner than Methodism; and among the original settlers of Harrodsburg were some Catholic Marylanders.378 The first service ever held in Kentucky was by a clergyman of the Church of England, soon after Henderson's arrival; but this was merely owing to the presence of Henderson himself, who, it must be remembered, was not in the least a backwoods product. He stood completely isolated from the other immigrants during his brief existence as a pioneer, and had his real relationship with the old English founders of the proprietary colonies, and with the more modern American land speculators, whose schemes are so often mentioned during the last half of the eighteenth century. Episcopacy was an exotic in the backwoods; it did not take real root in Kentucky till long after that commonwealth had emerged from the pioneer stage.
When the Transylvanian Legislature dissolved, never to meet again, Henderson had nearly finished playing his short but important part in the founding of Kentucky.