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guidance. The party were proceeding in fine spirits, when on the 10th of October, the rear of the company was attacked by a strong party of Indians, who killed six of the men; and among them the eldest son of Daniel Boone. The Indians were repulsed, and fled; but in the mean time the cattle appertaining to the sojourning party were dispersed; the relatives of the deceased greatly affected; and the whole of the survivors so disheartened, that it was thought best and most prudent to retreat to the settlements on Clinch River, about forty miles from the scene of action.

This being accomplished without any further disaster, Daniel Boone remained with his family until June 1774, when he was solicited by the governor of Virginia, to repair to the Rapids of the Ohio, to conduct from thence a party of surveyors, whose longer stay was rendered peculiarly dangerous, by the increasing hostility of the Indians. This service was undertaken by Boone, who with Michael Stoner, as his only companion, traversed the pathless regions between-reached the place of destination with great celerity, and thence safely conducted the surveyors home. -Having in the short space of sixtytwo days, completed a tour of eight hundred miles on foot.

This year there were open hostilities between the Virginians and the Indians, northwest of the Ohio. Daniel Boone, being then in Virginia, was ordered by the governor to take the command of three contiguous garrisons on the frontier, with the commission of captain. The campaign of that year, after a battle, terminated in peace, and the militia were discharged from the garrisons. Captain Boone being now at leisure; and colonel Henderson and company, of North Carolina, having matured their project of purchasing the lands on the south side of the Kentucky, from the southern Indians, he was solicited by them to attend the treaty, proposed to be held at Wataga, in March, 1775; and tʊ negotiate and conclude a purchase of the country south of Kentucky River, the bounds of which were described to him. This service was accepted, and executed by Boone-who soon afterwards, at the request of the same company, undertook to make a road from the settle

ments on Holston to the Kentucky River, by the best practicable route. This duty was also performed with great promptitude and despatch, notwithstanding the ruggedness of the way, and the repeated attacks of the Indians, in which Boone had four of his men killed, and five wounded. Arrived on the southern bank of the Kentucky, in the first of April, 1775, Boone, with the survivors of his party, began to erect a fort at a salt-spring, where Boonesborough now stands. While building this fort, which employed the feeble party till the succeeding June, one man was killed by the Indians, who continued to infest the party, until the fort was completed.

This fort consisted of a block-house, and several cabins, enclosed with palisades. This being done, capt. Boone returned to Clinch River, and soon after moved his family to the first garrison in the country, as his wife and daughter were the first white women ever known in Kentucky.

Captain Boone, having given to the new population of Kentucky a permanent establishment, and placed his own family in Boonesborough, felt all the solicitude incident to his situation, to insure its defence, and to promote its prosperity. We find him in 1776, pursuing with eight men only a party of Indians, who had made several prisoners at Boonesborough, and gallantly rescuing them from captivity.

In 1777, he sustained two sieges in Boonesborough, with all the determined firinness of inherent courage, and all the vigilance of an active and enterprising officer.

It would be unnecessary, were it practicable to particularize the assistance which he gave to emigrants, either on the road, or after their arrival, when the activity of his zeal and the humanity of his character are recollected and duly appreciated. Suffice it to say, that he was accustomed to range the country as a hunter, and as a spy; and that he frequently would meet the approaching travellers on the road, and protect, or assist them into the settled parts of the country.

Captain Boone, relieved from one kind of service, was ever ready to engage in another, for the relief of the garrisons, or the service of the country-on the first of January, 1778, he

with thirty men, went to the Blue Licks, on Licking River, to make salt for the different garrisons in the country; who were now in great want of that article, without the prospect of supply from abroad.

On the 7th of February following, as captain Boone was out hunting meat for the salt-makers, he met with a detachment of one hundred and two Indians, on its march to attack Boonesborough: that being a particular object of Indian resentment and hostility, probably on account of its being the first settlement made in the country, by the white intruders,' as the Indians would naturally call them. At this time they wanted a prisoner, from whom to obtain intelligence; and while Boone fled, some of their swiftest warriors pursued, and took him. After eight days they brought him to the Licks, where they made twenty-seven of his men prisoners, by previous capitulation; in which they promised life and good treatment. The other three men had been sent home, with the salt which had been made.

The Indians were faithful to their engagements, and treated the prisoners well, as savages could, both in their journey, and after their arrival at their town of Chilicothe, on the Little Miami. They were three days in making this march through the woods, in cold, bad weather.

In the month of March following, captain Boone, and ten of his men, were conducted by forty Indians to Detroit, where the escort arrived the thirtieth, and presented the ten men to governor Hamilton, the British commandant at that post, who treated them with great humanity and civility.

In the course of this time, the Indians had conceived an uncommon respect and affection for captain Boone; and utterly refused to leave him with the governor, who offered them one hundred pounds sterling for their prisoner, on purpose to liberate him on parole. It is more easy to conceive than express the vexation and embarrassment, which these circumstances occasioned to captain Boone; he could not extricate himself; and he dared not excite the jealousy or suspicion of the Indians. Several English gentlemen present, sensibly affected by his situation, generously offered a supply to his want

of necessaries and conveniences; but which he, with thanks for their friendship, declined; alleging that it might never be in his power to requite such unmerited generosity.

Another event now approached, which put the sensibility of captain Boone to a severe trial. He was told by his inflexible conquerors that he must prepare to accompany them back to Chilicothe, while his ten faithful companions were to be left prisoners at Detroit.

This journey was soon afterwards undertaken, and performed in fifteen days. At Chilicothe, captain Boone was adopted into one of the principal families, as a son; and judiciously accommodating himself to his situation, increased the confidence and affection of his new relatives and old friends.

They challenged him to the shooting match, in which he found it more difficult to avoid their jealousy, and to sup. press their envy, than to beat them at an exercise, in which they thought themselves invincible. They invited him to accompany them on hunting parties, and frequently applauded his dexterity in killing the wild game. The Shawanese king took particular notice of him, and always treated him with the most profound respect. While Boone on his part, took care to improve these favourable impressions, by frequently bestowing on him the spoils of the woods, and otherwise expressing duty to him, as THE KING.

The first of June in that year, a party of these Indians set out for the Sciota Salt Licks, and took Boone with them, in order to make salt. After effecting this object, they returned to Chilicothe, without affording to their prisoner a suitable opportunity to escape.

He there found four hundred and fifty Indian warriors, armed and painted, in a most fearful manner, ready to march against Boonesborough. For once he derived pleasure from his captivity, as it possessed him of information, which he determined by immediate escape, to convey to his garrison; and which might save it from destruction.

On the sixteenth of the same month, captain Boone, at the usual time of hunting in the morning, arose and departed, apparently for the woods, but

really for Boonesborough; which he reached on the twentieth, by a journey of one hundred and sixty miles; during which, he eat one meal of victuals.

He found the fortress in a bad state of defence: but the intelligence which he brought, and the activity which he inspired, soon produced the necessary repairs, and the garrison began to wait with impatience the reception of intelligence from the enemy: when at length one of the other prisoners, escaping from them, arrived with information that the Indians had, on account of Boone's escape from them, postponed their march for three weeks. In the mean time, however, it was discovered they had their spies in the country, watching the movements of the different garrisons; and whatever was their report, but little consolation was derived from the increase of strength to the forts, and of numbers to the garrisons of the country in general, and of Boonesborough in particular.

The enemy still delaying their meditated attack on Boonesborough; captain Boone, with a party of nineteen men, left the garrison on the first of August, with a view to surprise Paint Creek Town, on Sciota. Advanced within four miles of the town, captain Boone met a party of thirty Indians, on their march to join the grand army, from Chilicothe, then moving towards Boonesborough. An action ensued between these detachments, which terminated in the flight of the Indians, with one man killed, and two wounded; without any loss on the part of Boone, who took three horses, and all the Indian plunder.

Captain Boone then despatched two spies, for intelligence, who returned with a report that the town was evacuated; upon which he marched for Boonesborough, with all practicable dispatch, that he might gain the van of the enemy's army; place his party in a state of security; give timely intelligence to the garrison, and prepare for the approaching storm. On the sixth day he passed the Indian army, and on the seventh, arrived in safety at Boonesborough. On the eighth, the Indians, commanded by captain Duquesne, eleven other Canadian Frenchmen, and some of their own chiefs, invested the place, with British colours VOL. XII.

flying, at the head of four hundred and fifty, painted, savage warriors.

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This was the most formidable force ever arrayed against Boonesborough; and such, as upon comparison, was calculated to fill the garrison with alarm. But the equanimity of captain Boone's temper was but little affected by it; when he received a summons in the name of his Britannic majesty, to surrender the fort.' Two days consideration was requested, and granted. This was an awful interval. The little garrison was summoned to council. Not fifty men appeared; the case was stated to them-a manly defence, with the chance of success, or of being taken by storm, and devoted to destruction, on the one side, was presented to their consideration; on the other, a surrender upon articles of capitulation, in which the most favourable terms were, to be made prisoners, and stript of their effects. The deliberation was short; the answer prompt and unanimous; We are determined to defend our fort as long as a man of us lives.' The garrison then dispersed, to collect their cattle and horses, which they secured within their walls. And being now prepared for the conflict, and the two days respite expired; capt. Boone from one of the bastions of the fort, announced to the listening commander of the adverse host, the determination of the garrison; to which he added his own personal thanks, for the notice of their intended attack, and the time allowed for defence. Evident disappointment was seen to depict itself on the countenance of Duquesne; who, however, instead of an immediate attack, in concert with others, formed a scheme to deceive the garrison, by declaring it was their orders from governor Hamilton, to take the garrison captives, and not to destroy or rob the people: That if nine of the principal persons in the garrison would come out and treat with them, they would forthwith depart from the walls of the fort, and return peaceably home with the prisoners-or liberate them, if they would swear allegiance, and accept of his Britannic majesty's protection. This, said Boone, sounded grateful in our ears, and we agreed to the proposal to treat: but not without strong suspicions of Indian honour. The treaty was opened within sixty yards of 66

the fort-gate, and the articles formally digested, and signed by the parties, in the presence of many Indians, who were standing about with an unusual appearance of solicitude. But this was the moment for crowning the stratagem with success. Boone and his companions, were told by the leaders of the opposite party, that among Indians, it was customary for them upon occasions like the present, to evince the sincerity of their friendship, by two Indians shaking each white man by the hand. This was also assented to, and immediately two Indians approached each white man, and taking his hand, instantly grappled him, with intent to drag him off a prisoner. On this occasion the defensive instinct required not to be prompted, by the effect of deliberation; but each man at the same moment, by an instantaneous effort, extricated himself, and from the midst of hundreds of the savages, who discharged a heavy fire, all escaped into the fort without injury, except one man, who was wounded.

Having failed in this stratagem, the enemy commenced the premeditated attack on the fort, which they kept up with little intermission, for nine days, and which was well returned by the garrison, directed by captain Boone.

In the meantime, the enemy began to undermine the fort, which stood on the bank, about sixty yards from the margin of the Kentucky River; and this new mode of attack may without doubt, be ascribed to the Frenchmen, who were with them. This mine was commenced in the bank of the river, and was discovered by the muddy water, which continued to pass down from the place; indicating the solution of new earth thrown into it. The object of this measure could not be doubted, and captain Boone ordered that a trench should be opened inside of the fort, so as to intersect the subterranean canal of the enemy; and the earth, as taken up, was thrown over the fort-walls. By this the enemy were apprised of what was going on within, and desisted from their mining project. Being now convinced that they could not effect the conquest of the place, by either open force or secret fraud, and their stock of provisions being nearly exhausted, on the 20th of August they raised the siege, and aban

doned the object of their grand expedition; and with it, the last hopes of the campaign.

During this siege, the most formidable that had ever taken place in Kentucky-from the number of Indians, the skill of the commanders, the fierce and savage countenances of the warriors, made even more dreadful by art, than by nature; the effect of which was augmented ten-fold, by the yell, and the war hoop; there were only two men killed in the garrison, and four others wounded. On the part of the savages, they had thirty-seven killed, and many wounded; who were, agreeably to custom, immediately removed.

After the siege, the people of the garrison picked up one hundred and twenty-five pounds weight of bullets, that had fallen on the ground, besides those which stuck in the fort.

This seems to have been the last effort of the Indians to take Boonesborough. In the autumn of this year, captain Boone went to North Carolina in pursuit of his wife, who during his captivity with the Indians, despairing of his return, had removed to her fa ther's house. In 1780, he returned, and re-settled himself at Boonesborough.

REPORT FROM THE SELECT COMMITTEE

ON THE COPYRIGHT ACTS.

The Select Committee appointed to examine the Acts 8 Anne, c. 19; 15 Geo. III. c. 53; 41 Geo. III. c. 107; and 54 Geo. III. c. 116, respecting Copyright of Books; and to report any or what Alterations are requisite to be made therein, together with their Observations thereupon, to the House; and to whom the Petitions regarding the Copyright Bill, and all Returns from Public Libraries, and from Stationers Hall, presented in the present Session, were referred; and who were empowered to report their Opinion thereupon to the House;-Have examined the matters to them referred, and have agreed upon the following Report and Resolutions.

The earliest foundation for a claim from any Public Library, to the gratuitous delivery of new publications, is to be found in a deed of the year 1610, by which the Company of Stationers of London, at the request of Sir Thomas Bodley engages to deliver a copy of

every book printed in the company (and not having been before printed) to the University of Oxford. This however seems to be confined to the publications of the Company in its Corporate capacity, and could in no case extend to those which might proceed from individuals unconnected with it.

Soon after the Restoration, in the year 1662, was passed the Act for preventing Abuses in printing seditious, treasonable, and unlicensed books and pamphlets, and for regulating of printing and printing presses;' by which, for the first time, it was enacted, that every printer should reserve three copies of the best and largest paper of every book new printed, or reprinted by him with additions, and shall, before any public vending of the said book, bring them to the Master of the Company of Stationers, and deliver them to him; one whereof shall be delivered to the keeper of His Majesty's library, and the other two to be sent to the vice chancellor of the two Universities respectively, to the use of the public libraries of the said Universities. This Act was originally introduced for two years, but was continued by two Acts of the same Parliament till 1679, when it expired

It was, however, revived in the 1st year of James II.; and finally expired in 1695.

It has been stated by Mr. Gaisford, one of the curators of the Bodleian Library, that there are several books entered in its register, as sent from the Stationers Company subsequent to the expiration of that Act;' but it is probable that this delivery was by no means general, as there are no traces of it at Stationers Hall, and as Hearne, in the preface to the Reliquiæ Bodleianæ, printed in 1703, presses for benefactions to that library as peculiar ly desirable, since the Act of Parliament for sending copies of books, printed by the London booksellers, is expired, and there are divers wanting for several years past.'

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During this period, the claim of au* Upon reference to the continuing Act of 17 Ch. II, c. 4, the clauses respecting the delivery of the three copies appear to be perpetual; yet it should seem that they were not so considered, not being adverted to in the Act of Anne.

thors and publishers to the perpetual Copyright of their publications, rested upon what was afterwards determined to have been the common law, by a majority of nine to three of the Judges, on the cases of Millar and Taylor in 1769, and Donaldson and Becket in 1774. Large estates have been vested in Copyrights; these Copyrights had been assigned from hand to hand, had been the subject of family settlements, and in some instances larger prices had been given for the purchase of them (relation being had to the comparative value of money) than at any time subsequent to the Act of the 8th of queen Annet. By this Act, which in the last of these two cases, has since been determined to have destroyed the former perpetual Copyright, and to have substituted one for a more limited period, but protected by additional penalties on those who should infringe it, it is directed, that nine copies of each book that shall be printed or published, or reprinted and published with additions, shall, by the printer, be delivered to the warehouse keeper of the Company of Stationers, before such publication made, for the use of the Royal Library, the libraries of the Universities of Oxford and Cambridge, the libraries of the four Universities of Scotland, the library of Sion College, in London, and the library belonging to the Faculty of Advocates at Edinburgh.

From the passing of this Act until the decision of the cases of Beckford and Hood in 1798, and of the University of Cambridge and Bryer, in 1813, it was universally understood, that neither the protection of copyright, nor the obligation to deliver the eleven copies, attached to the publication of any book, unless it was registered at Stationers Hall, an act which was considered as purely optional and unnecessary, where it was intended to abandon the claim for copyright; and in conformity to this construction, the Act of 41 Geo. III. expressly entitled the libraries of Trinity College, and the King's Inn, Dublin, to copies of such books only as should be entered at Stationers Hall.

Birch, in his Life of Archbishop Tillotson, states, that his widow, after his death in 1695, sold the copyright of his unpublished sermons for 2,500 guineas.

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