USA > Kentucky > A history of the commonwealth of Kentucky > Part 15
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+ Marshall 1, 195.
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they were to a family, as innocent as their countrymen at large. April brought the double elections for members of the legisla- ture of Virginia, and for a second convention at Danville. By the 23d of May, the members again assembled at their former place of meeting, and organized themselves. The decorum of the public proceedings of this assembly, as well as that of the conduct of the attending citizens, are particularly remarked by our first and venerable historian. The result of their delibera- tions will be found in the following recommendations.
Ist. "Resolved, unanimously, as the opinion of this conven- tion, that a petition be presented to the assembly, praying that this district may be established into a State separate from Vir- ginia;" and, 2dly, That another convention be elected to meet at Danville in the second Monday of August, "to take further under their consideration the state of the district." By a third resolution, the convention recommended "that the election of deputies for the proposed convention, ought to be on the princi- ples of equal representation;" by numbers, it is presumed, as the representation of Virginia was founded on the territorial principle, in disregard of population. This early and unani- mous indication of the democratic or popular spirit, in one of the earliest public assemblies of Kentucky, is a faithful key to her political complexion. The fervor of our State character with difficulty suspects, that this spirit may be carried to extremes; similar to those which hurried the republics of history to an early tomb, in the embraces of military usurpation. Not that the author controverts this particular application of the princi- ple of equality; for he believes, that no excellence of organi- zation, no nice adjustment of parts, with all the skill of political architecture, can protect any people against their own igno- rance and vice. The most complex. as well as the simplest fabries of political science, must receive their character from that of their tenants and occupants, and not from the inanimate materials of which they are composed. It is not, therefore, of much import on principle, that a few more, or a few less, should be admitted to the right of suffrage under a political constitu- tion; since there must be an overruling mass of virtue and in-
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telligence to constitute the conservative power of society. While an exclusion of large classes, independent of universal disqualifications, such as minority, want of residence, &c., keeps up a constant excitement of discontent and ill-blood in the community, much more mischievous, than the admission of all to a political voice in the management of those affairs, which they may be called upon to defend with their blood and their lives.
It appears at this time rather singular, that this convention, in a spirit of dependence and passiveness, apparently uncalled for by their delegated authority, should decline acting efficiently and promptly under the powers which were so expressly con- ferred upon them by their choice, under the express call of the previous assembly in December, '84; but should again weary the patience, and disappoint the reasonable expectations of the community, by referring the question of separation to another convention. The members of this third convention were apportioned among the counties by comparison of muster rolls, and the recollection of members, (for as yet no census had been taken) in the following ratio: the county of Jefferson to have six; that of Nelson, six; that of Lincoln, ten; and of Fayette, eight representatives. They adopted a petition to Virginia, and likewise an address to the people of the district, which will be found in the appendix. The latter presents an interesting picture of the domestic state of Kentucky. The recommendation of another convention was again regarded upon the part of the people, and on the Sth of August, 1786. the assem- bly met at Danville; they again chose Samuel McDowell their President. This body after having deliberated some time, came to the following resolution unanimously, which was re- ported by George Muter, as chairman; "that it is the indispen- sable duty of the convention to make application to the Gene- ral Assembly at the ensuing session, for an act to separate this district from the present government forever, on terms honora- ble to both, and injurious to neither." This resolution, and its eloquent preamble, were followed by an address to the leg- islature of Virginia, and the people of the district, in a style of
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dignity and ornament, yet unprecedented in the public proceed- ings of Kentucky. They were certainly the production of Gen. Wilkinson, at the time in question, a member of the convention.
This gentleman, whose emigration to the district has been noticed, now began to act a part of leading importance in the history of Kentucky; indicative of the distinguished fig- ure, which his impressive powers as a fine writer, his mili- tary service, and distinguished abilities, enabled him to exhibit in the affairs of the nation. It will be perceived, that there is in these papers, an elevation of political ideas, richly dressed in appropriate composition; nor should any political imputation rest upon them, as has been insinuated,* because this assembly petitioned for "sovereignty and independence." Sovereignty was much more consistently the attribute of the members of the old confederation, than those of the present constitutional Union. That there is exaggeration of practical grievances may be admitted; for what orator can deign to restrain his imagina- tion within a vulgar and sterile state of facts? What painter will always touch after nature, and put on no tints finer than those of her pencil? Besides, the General was writing for an ardent and high tempered people, who would readily disdain a tame and frigid memorial, as evincing an abandonment of their rights, or at least, an insensibility to their value. George Muter, who was Chief Justice, and. Harry Innes, then the Attorney General, on the death of Walker Daniel, were or- dered to present the petition to the legislature of Virginia, and to support it before that body. The county of Bourbon was this year laid off from Fayette; and the counties of Mercer and Madison from Lincoln; enlarging the counties of the district to seven. The legislature of Virginia received the petition of Kentucky with the liberality which has generally marked that magnanimous State. It passed an act providing for the election on the ensning August, by the free white male inhabitants of the district, of five representatives from each of the counties; who should determine whether it be expedient for, and the will of the good people of the district, that it should be erected into an inde-
Marshall 1, 215. N *
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pendent State on certain conditions. It was, moreover, enacted, that if the convention should approve of separation, a day should be appointed posterior to the Ist of September, 1787, when the authority of Virginia should cease; provided that the Congress should prior to the Ist of June, 1787, assent to said separation, relieve Virginia from her federal obligations arising therefrom, and admit the said State into the federal Union. Military expeditions against the Indians, whose hostilities had again broken out, (an account of which will appear in their proper place,) prevented the attendance of a. quorum of this fourth convention; in consequence of which, a portion of the body, calling itself a committee, forwarded to Mr. John Mar- shall, (the present venerable and pre-eminent Chief Justice of the United States) a memorial to be laid before the legislature, reciting these embarrassments, and praying an alteration of terms in the separating act. This memorial was granted, according to its prayer; an act in conformity was passed, and arrived at Danville in January, 1787, after a formal vote had been taken in favor of the separation; and thus fell the fourth convention of Kentucky on the subject of separation, to give birth to a fifth. Mr. Marshall, to whom the memorial had been transmitted, addressed a letter to the convention, explanatory of the course taken by the parent Commonwealth. The most im- portant of these reasons was, that the delay in executing the act of Virginia, had rendered it impracticable to obtain the assent of Congress, before June, 1787. The new act of Vir- ginia continued its assent to the separation; but required a convention to be re-elected by the ensuing August, and to sig- nify its assent to the political divorce, by a majority of two- thirds; its operation was, moreover, postponed until the Ist of January, 1739. Thus then had the people of the district been tantalized from December, '44, to January, '89, tossed from one political assembly to another, and finally their most inter- esting feelings and passions kept in an agitation, easy to be conceived. It is, indeed, a high and honorable proof of political order and subordination in Kentucky, that so impetuous a people should, under circumstances of such irritation and disap-
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pointment, have preserved the peace of the State; and this at an extremity of the territory of Virginia, almost inviting to for. cible separation, in defiance of such repeated mockery of their expectations.
Two additional sources of agitation now began to shed their influence on the public mind; Ist. The Indian hostilities; and 2dly. Apprehensions respecting the navigation of the Missis-" sippi.
In regard to the first, depredations continued to be made by the Indians on the frontiers. From '83 to '90, a little later than the time of this portion of the history, "fifteen hundred persons, including women and children, had been killed or taken prison- ers by the enemy, south of the Ohio; besides taking two thou- sand horses, and property to the amount of fifty thousand dol- lars;"* to punish these, or in the more lordly style of other par- ties, to take "satisfaction for the past, and indemnity for the future," an expedition was resolved upon under their old and favorite leader. General Clark, from Louisville. About a thou- sand men assembled at the place of rendezvous, and their pro- visions in nine keel-boats, were despatched down the Ohio, to ascend the Wabash as high as Vincennes, for which point the ex- pedition marched. On assembling in the neighborhood of this place in October, 1786, the fparty lay for nine days waiting the arrival of these transports, which had been delayed by the low waters of the Wabash, until half of the provisions was spoiled; and the portion which accompanied the expedition exhausted, ex- cept a few bullocks. This delay proved most fatal to the expe- dition; with irregular troops, inactivity is equivalent to defeat. A spirit of discontent soon manifested itself in camp, even be- fore the arrival of the boats, and before the state of the supplies was known; afterwards it showed itself more openly. The absence of Colonel Logan may have contributed to this, with his immediate followers, and who might otherwise have been preserved in subordination. The armny (if not too magnifi- cent a term.) was placed upon short allowance, and marched towards the Indian towns, which were the object of the attack.
* Judge Innes in Political Transactions. 1 Marshall 1, 948.
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A flag of truce was dispatched to the Indians (it is said, rather doubtingly by Mr. Marshall) with the offer of peace or war. Such an offer is so inconsistent with the usages of Indian war- fare, in which surprise is so essential a feature, that it throws some discredit on the relation. Unless General Clark might, in a state of peace, and in the difficulty of discriminating one tribe from another, have felt himself bound to make this depar- ture from his former most successful practice. It is also true, that General Wayne in time of war sent, at great hazard, re- peated flags to the Indians, in order to bring them to terms. Whatever may have been the fact, this measure on the part of the General, in addition to the want of provisions, is represented to have converted previous restlessness, into positive disaffec- tion, "fomented by some officers of rank, who were displeased with the General." This state of things eventuated in three hundred men deserting in a body, when but two days march from the Indian villages. In vain the gallant veteran, who had never yet led his countrymen to defeat, addressed the mutineers "in the most soothing and earnest terms of entreaty to stay;" in vain the noble soldier "shed tears" over the dis- graceful conduct of his men, which he must have felt blighting to his own fame. The evil spirit of discontent had got posses- sion of the troops, and they obstinately returned home, without having seen an enemy, or struck a blow. Still there was a residue left greater, enormously greater than many a gallant band, that had penetrated in earlier times into the very heart of the Indian country; spreading dismay and destruction before it. But something was wanting on this expedition, more essen- tial than numbers; without which the largest numbers, only increase the spoil of an enemy; it was a manly and patriotic subordination to orders, and an honorable confidence of the men in their officers, and of officers in their commander. Never had General Clark led so unfortunate a party; hitherto victory secmed to have hung with delight upon his banner; and for him to appear was to conquer all opposing difficulties. At the same time, mournful as the truth is, and reluctantly as the record is wrung from the author, General Clark was no longer
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the same man, as the conqueror of Kaskaskia, and the captor of Vincennes. The mind of General Clark was wounded by the neglect of the government of Virginia to settle his accounts for his great expeditions, which had stretched the republic to the Mississippi. Private suits had been brought against him for public supplies, which ultimately swept away his private - fortune; and with this injustice, the spirits of the hero fell, and the General never recovered those energies which had stamped him in the noblest mould of a hero. At the same time it is feared, a too ready and too extensive conviviality contributed its mis- chievous effects. Clark, however, like himself, is said to have *been opposed to waiting at Vincennes, the radical error in the expedition; but he advised an immediate march with the pro- visions and the ammunition which they had to the Wea towns; and that the residue behind, should be brought up by a detach- ment to be left for that purpose. Such advice bespeaks the General's former energetic character, in previous expeditions; when a little meal mixed with sugar, composed all the rations of the men; but to have thought correctly, was to have acted accordingly, in the former course of General Clark. Why was it different now? Where was the overruling spirit, that had carried the British cannon at the head of his riflemen? The mournful answer is left to be made by every reader. Seve- ral officers are accused of having fomented the insubordination which terminated the expedition so dishonorably.
The author may not forbear while incidentally on the inter- esting subject of General Clark, to quote the tribute to his high merits, by Buckongahelas, the head war-chief of the Delawares, at Fort McIntosh, in 1753; where Clark attended as a cominis- sioner to treat with the Indians, assisted by Arthur Lee and Richard Butler. When the prace-chiefs had addressed the commissioners, 1Buckongahelas, not deigning to notice the col- leagues of Clark, took the latter by the hand, and said, "I thank the Great Spirit for having this day brought together two such great warriors, as Buckongahelas and General Clark."
+ Captain B. Gaine's letter to the author.
t Memoirs of Harrison. 82, note 2.
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A more fortunate issue attended the expedition of Colonel Logan, who had been detached by General Clark from his camp at Silver creek. opposite to Louisville, to return to Ken- tucky, and raise as expeditiously as possible another party to go against the Shawanees, whose attention it was supposed, would be engaged by the Wabash expedition. Logan repaired home, and soon returned with *"a competent number of mount- ed riflemen." On this rapid expedition, a town of the Shawa- nees was burned, a few warriors killed, and a number of women and children brought away prisoners. This, as usual, conso- lated the public mind in some degree, for the misfortunes of General Clark.ț
CHAPTER X.
Earliest attempts at Navigating the Mississippi, by Americans-Colonels R. Taylor and Linn-Negotiations between Jay and Gardoqui-Discontents at Pittsburg, and in Kentucky-Trade of Wilkinson with New Orleans-Suspicions of his fidelity-First Newspaper in Kentucky-Constitution of the United States.
The attention must now be directed to the navigation of the Mississippi, which at this time began to excite the public interest from Pittsburg to Louisville; these were the extreme points of any dense population, with wide and fearful gaps between. Pre- vious to narrating the agitation and intrigue, which rapidly and widely connected themselves with this tender subject of wes- tern interest, some notice will be taken of the earliest experi- ments in navigating this powerful and turbulent river.
· Marshall 1, 251.
t This expedition was prepared in conformity to resohitions of the inhabitants of the district, assembled at Danville sometime in 1786; the month is not mentioned in the proceedings; they are signed by William Kennedy as chairman. These resolutions. together with an order of the executive of Virginia. were acted on by the military officers of the district, who met at Harrodsburg, on the art of August, 17 -. These gentlemen, among other resolutions, adopted one appointing "General George Rogers Clark to art as general officer, and have the command and threetion of the army at this time, ordered in offensive operations against our ent my, Indians " The donuts which were entertained about the legality of upressments for provisions, ke,, Were submanted by the officeis to Judges Mater and Wallace, and the Attorney General, Inves. Tra sc officers certified it as their opinion, "that the executive have delegated to the field officers of this district all their power" if: regard to impressments, "and that they have a right to unpress, if neces- sary, all supplies for the use of the militia, that may be called into service. ' Thus opinion is directed to Colone! Benjamin Logan, as President of the Board of officers.
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The earliest Anglo-American enterprises in this direction, and indeed of wonderful boldness, which the author has been able to collect, are, Ist. That of Colonel Richard Taylor, formerly of the county of Jefferson, and often honored with distinguished public trusts. This gentleman, in company with his brother Hancock Taylor, both of Virginia, was at Pittsburg in 1769, - and thence descended the Ohio and Mississippi rivers, to the mouth of Yazoo river. From this point the brothers passed through the country of the southern Indians to Georgia, and thence to Virginia. This information has been obtained from a deposition of Colonel Taylor in a suit at law. The second was communicated to the author by Captain William B. Wal- lace, a most worthy veteran of the Revolution, lately descended to the grave, covered with years and with honors: this gentle- man related that John Whitaker Willis, John Ashby, and Wil- liam Ballard, were engaged in the battle of 1774, at Point Pleasant, and after the engagement visited Kentucky. That being afraid to return by the usual route, they hollowed out a pirogue (formed out of the body of a large tree) and passed down the rivers to New Orleans. From this port the party made its way to Pensacola; here they were assisted by the British governor, and were conveyed round to Charleston, in South Carolina. Ashby was of Fauquier county, in Virginia; Willis, of Stafford; both neighbors of Captain Wallace, in Vir- ginia. The next effort at this perilous navigation was made *by Colonels Gibson and Linn, the latter the grand-father of the present Dr. Linn, of St. Louis, now in the Senate of the United States from Missouri.
These gentlemen descended the Mississippi in 1776, from Pittsburg to New Orleans, by the orders of Virginia, it is pre- sumed, in order to obtain military stores for the troops station- ed at the former place. So extraordinary an adventure may well require particular confirmation to the mind of the reader; it can be furnished in the most remarkable manner. * John Smith, now or lately of Woodford county, in this State, was in 1776, engaged in reconnoitering this country in company with
* Louisville Directory, 103, by the author.
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James Harrod, so eminently distinguished in the history of Kentucky difficulties and dangers. On their return the com- panions separated; Harrod to go to North Carolina, and Smith to Peter's creek on the Monongahela. While traveling on the bank of the Ohio, the latter discovered Gibson and party de- scending it, who hailed Smith, and prevailed on him to embark in this, one of the boldest of the western adventures. The party succeeded in its object, and obtained a supply of one hundred and fifty-six kegs of gunpowder from New Orleans; which Smith helped to carry round the Falls to the mouth of Bear Grass creek in the spring of 1777. Each man carried three kegs along the portage, one at a time. The powder was delivered at Wheeling first, and thence conveyed to Pittsburg. Independently of this particularity of circumstance, solemnly asserted on oath in a deposition at law, by a respectable party in the transaction, it was frequently mentioned by Colonel Linn in his life time, and is still known as his information, in the family left by this gallant and energetic man.
Among the first buddings of intercourse rather than of trade with New Orleans from the western country, must be reckoned the voyages of Messrs. Tardiveau and John A. Honore, the latter an ancient and respectable French merchant of this city .. These gentlemen left Redstone, now the town of Browsville, on the Monongahela, in 1782 and '3, when there were but two houses in the place. The navigation of the western rivers was then much infested by banditti of white men, as well as of Indians. The French gentlemen mentioned, were both stopped by the Indians, and the former robbed by them; indeed the river was as much debarred to trade, by the Spanish government, as by the Indians. American property was seized and confiscated by the Spaniards on its only way to a foreign market .* A negotiation on this subject, as well as other matters of national difference, had commenced in 1785, between Mr. Jay and Don Diego Gardoqui, the representative of Spain in the United States. 1"Congress had expressly ordered the Secretary for Foreign Affairs to stipulate both for the territory of the United
· Wilkinson, vol. 2, appendix, 6 & 13. t Jay's Life 1, 235, 236.
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States according to the treaty with Great Britain, and for the navigation of the Mississippi, from its source to the ocean. Don Gardoqui, on the other hand, declared, that the Spanish king would never permit any nation to use that river, both banks of which belonged to him." Under these circumstances, Mr. Jay was called before Congress to communicate his views on the negotiation; "he informed Congress, that Spain was ready to grant the United States extensive and valuable commercial privileges; and that it was in her power. by her influence with the Barbary States, and by her connexion with France and Portugal, greatly to injure the commerce of America, and to benefit that of England. But that at present, the questions respecting the Mississippi, and territorial limits, prevented any commercial arrangements whatever; that his own opinion of the justice and importance of the claims advanced by the United States, had undergone no change; but that, under pre- sent circumstances, he thought it would be expedient to con- clude a treaty with Spain, limited to twenty or thirty years, and for the United States to stipulate, that during the term of the treaty, they would forbear to navigate the Mississippi below their southern boundary," as it has been seen, was recommended by Virginia during the Revolutionary war. This recommen- dation by Mr. Jay, was founded on the opinion, "that however important the navigation might ultimately be, it would not probably be very essential during the proposed term; and that, therefore, it might be good policy to consent not to use, for a certain period, what they did not want. in consideration of valuable commercial privileges." The views of Mr. Jay were sanctioned by seven States, but opposed by the other six; still the Spanish minister would not consent to any treaty whatever, implying a right in the United States to the navigation in ques- tion; the negotiation proved fruitless, and was finally terminated by Gardoqui's return to Europe. This is an authentic account of the negotiation under the old confederation in regard to the navigation of the Mississippi; which, however, we might claim, the United States were in no position to extort by force of arms, under so feeble a government as then existed. It was in weak- 0
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