eagerly purchased the liquor, the merchants naturally charging all that the traffic would bear. This struck the committee as a grievance, and they forthwith passed a decree that any person bringing in liquor "from foreign ports," before selling the same, must give bond that he would charge no more than one silver dollar, or its value in merchandise, per quart.

Some of the settlers would not enter the association, preferring a condition of absolute freedom from law. The committee, however, after waiting a proper time, forced these men in by simply serving notice that thereafter they would be treated as beyond the pale of the law, not entitled to its protection, but amenable to its penalties. A petition was sent to the North Carolina Legislature, asking that the protection of government should be extended to the Cumberland people, and showing that the latter were loyal and orderly, prompt to suppress sedition and lawlessness, faithful to the United States, and hostile to its enemies.5 To show their good feeling the committee made every member of the community, who had not already done so, take the oath of abjuration and fidelity.

Until full governmental protection could be secured the commonwealth was forced to act as a little sovereign state, bent on keeping the peace, and yet on protecting itself against aggression from the surrounding powers, both red and white. It was

5 This whole account is taken from Putnam, who has rendered such inestimable service by preserving these records.

forced to restrain its own citizens, and to enter into quasi-diplomatic relations with its neighbors. Thus early this year fifteen men, under one Colbert, left the settlements and went down the river in boats, ostensibly to trade with the Indians, but really to plunder the Spaniards on the Mississippi. They were joined by some Chickasaws, and at first met with some success in their piratical attacks, not only on the Spanish trading-boats, but on those of the French creoles, and even the Americans, as well. Finally they were repulsed in an attempt against the Spaniards at Ozark; some were killed, and the rest scattered. Immediately upon learning of these deeds, the Committee of Triers passed stringent resolutions forbidding all persons trading with the Indians until granted a license by the committee, and until they had furnished ample security for their good behavior. The committee also wrote a letter to the Spanish governor at New Orleans, disclaiming all responsibility for the piratical misdeeds of Colbert and his gang, and announcing the measures they had taken to prevent any repetition of the same in the future. They laid aside the sum of twenty pounds to pay the expenses of the messengers who carried this letter to the Virginian "agent" at the Illinois, whence it was forwarded to the Spanish Governor.7

One of the most difficult questions with which the committee had to deal was that of holding a

6 Calendar Va. State Papers, III, pp. 469, 527.

'Putnam, pp. 185, 189, 191.

treaty with the Indians. Commissioners came out from Virginia and North Carolina especially to hold such a treaty 8; but the settlers declined to allow it until they had themselves decided on its advisability. They feared to bring so many savages together, lest they might commit some outrage, or be themselves subjected to such at the hands of one of the many wronged and reckless whites; and they knew that the Indians would expect many presents, while there was very little indeed to give them. Finally, the committee decided to put the question of treaty or no treaty to the vote of the freemen in the several stations; and by a rather narrow majority it was decided in the affirmative. The committee then made arrangements for holding the treaty in June, some four miles from Nashborough; and strictly prohibited the selling of liquor to the savages. At the appointed time many chiefs and warriors of the Chickasaws, Cherokees, and even Creeks appeared. There were various sports, such as ball-games and foot-races; and the treaty was brought to a satisfactory conclusion. It did not put a complete stop to the Indian outrages, but it greatly diminished them. The Chickasaws thereafter remained friendly; but, as usual, the Cherokee and Creek chiefs who chose to attend were unable to bind those of their

8 Donelson, who was one of the men who became discouraged and went to Kentucky, was the Virginian commissioner. Martin was the commissioner from North Carolina. He is sometimes spoken of as if he likewise represented Virginia.

9 Putnam, 196.

fellows who did not. The whole treaty was, in fact, on both sides, of a merely preliminary nature. The boundaries it arranged were not considered final until confirmed by the treaty of Hopewell a couple of years later.

Robertson meanwhile was delegated by the unanimous vote of the settlers to go to the Assembly of North Carolina, and there petition for the establishment of a regular land office at Nashborough, and in other ways advance the interests of the settlers. He was completely successful in his mission. The Cumberland settlements were included in a new county, called Davidson;10 and an Inferior Court of Pleas and Common Sessions, vested by the act with extraordinary powers, was established at Nashborough. The four justices of the new court had all been Triers of the old committee, and the scheme of government was practically not very greatly changed, although now resting on an indisputably legal basis. The Cumberland settlers had for years acted as an independent, law-abiding, and orderly commonwealth, and the Court of Triers had shown great firmness and wisdom. It spoke well for the people that they had been able to establish such a government, in which the majority ruled, while the rights of each individual were secured. Robertson deserves the chief credit as both civil and military leader. The committee of which he was a member,

10 In honor of General Wm. Davidson, a very gallant and patriotic soldier of North Carolina during the Revolutionary The county government was established in October,

war.

had seen that justice was done between man and man, had provided for defence against the outside foe, and had striven to prevent any wrongs being done to neutral or allied powers. When they became magistrates of a county of North Carolina they continued to act on the lines they had already marked out. The increase of population had brought an increase of wealth. The settlers were still frontiersmen, clad in buckskin or homespun, with rawhide moccasins, living in log-cabins, and sleeping under bearskins on beds made of buffalo hides; but as soon as they ventured to live on their clearings the ground was better tilled, corn became abundant and cattle and hogs increased as the game diminished. Nashborough began to look more like an ordinary little border town.11

During this year Robertson carried on some correspondence with the Spanish governor at New Orleans, Don Estevan Miro. This was the beginning of intercourse between the Western settlers and the Spanish officers, an intercourse which was absolutely necessary, though it afterward led to many intrigues and complications. Robertson was obliged to write to Miro not only to disclaim responsibility for the piratical deeds of men like Colbert, but also to protest against the conduct of certain of the Spanish agents among the Creeks and Chickamaugas. No sooner had hostilities ceased

11 The justices built a court-house and jail of hewed logs, the former eighteen feet square, with a lean-to or shed of twelve feet on one side. The contracts for building were let out at vendue to the lowest bidder.