USA > Kentucky > A history of the commonwealth of Kentucky > Part 16
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ness and insignificance closely allied to what the German Ein- pire used to be in Europe; it was, in the language of a favorite Revolutionary figure, a political barrel of thirteen staves with- out a hoop. Let us for a moment reflect, what would have been the effect of this session for twenty years, as actually author- ized, or thirty years as the utmost limit proposed by the Secre- tary. Twenty years from 1786, would have brought the com- mercial limitation to 1806; four years after the suppression of the right of deposite at New Orleans. This itself blew the western country into a flame, that would have consumed all the ties of the confederacy, had its councils have slumbered over interests, so precious to this section of the United States. What then, would have been the feelings of the country; what would have been its prosperity, had its trade with New Orleans been suspended for thirty years? Sagacious as the views of Mr. Jay generally were, they have been outstripped in this instance by the growth of the western country, beyond the anticipations of our wisest statesmen. Our progress has been a race scarcely checked by an accident on the course. Rumors of this negotia- tion, *"when no post-office existed in Kentucky, and when no safe or certain mode of conveyance for letters or newspa- pers was established between this district and the rest of the Union," In'ist necessarily have subjected the conduct of the United States' government, then held in New York, to much mis- conception, and to no little misrepresentation by intriguing or mistaken candidates for political promotion. These exaggerated representations on the subject of a navigation, so deeply and vitally interesting to the United States, had produced an asso- ciation at Pittsburg, which transmitted to Kentucky a most erroneous account of the Spanish negotiation, well calculated to kindle the passions of her people. This statement purported "that John Jay had proposed to the Spanish minister, to surren- der the navigation in question for twenty or thirty years." The truth was, that the proposition was sulunited to Congress, and was supported by seven north-eastern States, against tive south- ern ones; but the offer if made, which does not certainly appear,
· Marshall, 1, 255.
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had been rejected by Don Gardoqui. An instruction to a min- ister was deemed to come strictly under the clause in the arti- cles of confederation, requiring the assent of nine States to form treaties with foreign nations; consequently the proposi- tion fell. Whether the offer was made under the repeal of the instructions of the 25th of August, 1785, previously carried by the vote of the same States, is not clearly exhibited; though implied by the language used in Mr. Jay's life, as well as by that of Mr. Pitkin.
The communication from Pittsburg naturally roused the sensibilities of Kentucky, on so excitable a subject; one involving all her prospects of commercial prosperity. A circular letter was addressed by *Messrs. Muter, Innes, Brown, and Sebastian, in March, 1787, inviting a public meeting of the citizens of the district, at Danville, in the ensuing May. The language of this memorial has been objected to, because it charged "Congress with proposing to cede to the Spanish court the navi- gation of the Mississippi for twenty-five or thirty years:" while that proposition had failed by an insufficient majority, under the ninth article, sixth section of the confederation. Yet a pre- vious vote had, with some dispute, rescinded the former instruc- tion to Mr. Jay, to conclude no treaty with the Spanish minister, without obtaining "the free navigation of the Mississippi, from its source to the ocean:" and, moreover, Mr. Jay was at first instructed neither to make, nor receive any propositions, nor to enter into any compact with the Spanish minister without previ- ously communicating the same to Congress." The circumstance, therefore, of #continuing the negonation after the removal of the former restriction, certainly sanctions the idea of the Dan- ville circular, that the suspension of the navigation in question, had been offered by Congress, through the Secretary, though it was disdainfully rejected by Don Gardoqui, as has been men- tioned. It must have been want of correct information, that induced either of the meetings at Pittsburg or Danville, to pro- cure an expression of public opinion on a matter, which had already failed at its inception. Nor was the mistake peculiar
*Marshall 1, 259. +Pitkin 1, 201. Idem, 206. [Jay's Life 2, 238.
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to these meetings; since a letter addressed from the Falls of Ohio* in December, 1786, to the Governor and legislature of Georgia, represented a "commercial treaty" with Spain, "to be cruel, oppressive, and unjust." "The prohibition of the navi- gation of the Mississippi has astonished the whole western country. To sell us and make us vassals to the merciless. Spaniards, is a grievance not to be borne." A copy of this letter (and others of a similar character) were laid before Con- gress; which body on the 16th of September, 1788, authorized its members to contradict the reports "that it was disposed to treat with Spain for the surrender of their claim to the naviga- tion of the river Mississippi." This venerable body likewise resolved,t "that the free navigation of the river Mississippi, is a clear and essential right of the United States, and that the same ought to be considered and supported as such." Before these decided resolutions were adopted by Congress, the Legis- lature of Virginia, had also taken up the subject in November, 1786; and had come to unanimous resolutions, most decisively favorable to the rights and interests of her western citizens, which she ordered to be laid before Congress. These meas- ures seem to have had their just effect with the Danville as- semblage; and it adjourned without any definite expression of sentiment on the subject. A circumstance not a little remark- able, considering the subject, and the temper of those who com- posed the meeting: Kentuckians have not often assembled to- gether, and dispersed so quietly: a fire of resolutions might at · least have been expected.
. The rapid increase of the population, and consequent pro- duce for market. began to direct the public mind, more impa- tiently and indignantly to the Spanish obstructions in their only outlet to market. #In June, 1787, General Wilkinson de- scended to New Orleans with a small cargo of tobacco and other articles; determined to try his enterprise and address at the seat of the Spanish government in Louisiana. While at New Orleans, General Wilkinson says, that he "made an ar- rangement with Governor Miro, for the introduction of' seve-
·Pitkin 2, 20g. țIdemo, 210. [ Wilkinson'a Memoirs, vol. 2, 112, 116.
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ral thousand families in that district on the Mississippi, which is now called West Florida; or one to be laid out on the Arkan- sas and White rivers;" he likewise obtained the privilege of furnishing a considerable annual supply of tobacco for the Mexican market, which would have secured immense fortunes for him and his friends. This statement of General Wilkinson* is corroborated by the testimony of the most unexceptionable wit- nesses, both Spanish and American: it is proved by official per- mits of Governor Miro. It is, moreover, apparently freed from corrupt and sinister views, by the testimony of Mr. Pollock, for twenty years, the confidant of the Spanish Governors of Loui- siana; and by Gilbert Leonard, the Treasurer of the province. This proof is again confirmed by accounts current of the agents of General Wilkinson at New Orleans with their testimony; Colo- nel Ballinger in 1789 delivered two mules loaded with money from New Orleans, to Wilkinson in Frankfort, "in the presence of many persons, whom he found there waiting his arrival," "who were tobacco planters of Lincoln county, in Kentucky, and were there to receive their money for tobacco purchased of them by" Wilkinson. Indeed, the frequent remittances of money to General Wilkinson, by various agents, seem fairly and honorably explained by this tobacco speculation; which Wilkinson, then a private citizen, had the most indubitable right to engage in; and which. in fact, opened a valuable market for the produce of this infant State. It is due to the memory of General Wilkinson, to his distinguished services and persecutions, to declare that this part of the subject was approached by the author with strong prepossessions against his purity. But on sifting the mass of testimony procured by one military tribunal, and four committees of Congress, added to that presented to a second court, and finding the General ao- quitted by both courts, and their sentences approved (relue- tantly approved in the last instance) by two Presidents of the United States, the author has been forced into the conclusion, that this military officer has been wronged in the suspicions and denunciations, so long and bitterly indulged against his
*Wilkinson's Memoirs, vol. 2, 15, 199, Appendix 1. 0
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honesty. In the whole of these transactions, no foundation has been perceived for the surmise of Mr. Marshall; "that this to- bacco contract was a mere cover for a pension," (though there is a strong probability that it was a corrupt partnership with Governor Miro;) and "the clandestine and dishonorable part . was carefully concealed from all but coadjutors." *Indeed, for the purposes of Kentucky history, it may be sufficient for the refutation of this construction, to appeal to the repeated deci- sions of the competent tribunals, after most unexampled and un- restrained investigation.
General Wilkinson did certainly show no reserve in disclosing to his own government, these connexions with the Spanish officers at New Orleans; nor any backwardness in developing the circumstances, or in soliciting inquiry of General Wash- ington, or the elder Adams. He may have felt and shown the resentment natural to a man of high pride and professional sensibility, at the suspicions of General Wayne; which, as he told Colonel Morrison, a more frank and confiding demeanor would have instantly led him to explain, if not remove, by a full detail of the causes of this ill opinion. But one conclusive consideration in the mind of the author, which confirms the honor and fidelity of Wilkinson, is, that in his long and various public services, no one solitary instance can be justly alleged, in which he disregarded or violated the strictest and most zealous discharge of his duty.
In the ensuing February, the General returned from New Orleans .; It.was immediately rumored, that "he had formed a contract with the Spanish Governor, which enabled him to ship tobacco and deposite it in the King's stores at ten dollars per hun- dred;" that he had become a "Spanish subject," and had taken "the necessary oath of allegiance." What truth there may have been in these latter surmises, is not in the power, nor within the province of history to declare: its materials ought to be higher than conjectures and suspicions. Future memoirs of Spanish statesmen, or access to the archives of their secret and jealous country, may one day develope the mystery of the first steps of Spanish intrigue in Kentucky.
.Marshall 1, 183. +Idem 271.
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Wilkinson did, however, proceed to buy tobacco for the Span- ish market under the permits of Governor Miro; and spoke openly of his exclusive privilege at New Orleans, to deposite his tobacco in the King's store; he also expressed himself in high terms of the right of navigating the Mississippi, and of a com- mercial connexion between the two countries. There is a mix- ture of innocent and suspicious matter in these allegations which requires to be discriminated. The right to the navigation was indispensable: the emigrants to Kentucky had no other homes to go to; they had brought their all to Kentucky; they must sink or swim with her. The independence of Kentucky might mean a separation from Virginia, but most probably was in- tended to impress the necessity of a disunion, because in no other way, could Kentucky have had any influence over the counsels of Spain. Yet it would have been a melancholy in- fatuation, which could for a moment have deluded Kentuckians to believe, that as dependents in the most exalted sense, or . nominal equals and allies, they could have enjoyed the security for their interests, much less their noble liberty, which a mem- ber of the great confederacy of North American republics could command. But a thousand conflicting attachments, and invet- erate prejudices of language, customs, and government, forbid the idea of a political connexion with Spain ever having been seriously meditated by the mass of the people.
To present the first connexion of General Wilkinson with the Spanish government unbroken. the year has been antici- pated; which has led the narrative past the establishment of the first printing press in Kentucky, an era almost as worthy of commemoration in the backwoods of America, as its Euro- pean invention. Nor was this establishment altogether desti- tute of originality in the Kentucky printer. Mr. John Brad- ford, an ingenious and enterprising citizen of Lexington, not brought up to the business of a printer, undertook this impor- tant step in the political and intellectual improvement of Ken- tucky. There was not then a printing press on the western waters, nor one within five hundred miles of Lexington. Seve- ral of the type were cut out of dog-wood, and with this imper-
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feet apparatus, on the 18th of August, 1787, he and his brother Fielding Bradford, published the Kentucky Gazette. It was at first a weekly paper, printed on a demi sheet, which size was altered on the Ist of September following, into a medium sheet, and then it assumed one of greater dimensions. This name is still retained among the journals of the State, which, in 1833, have amounted to twenty-nine or thirty.
On the 17th of September, 1787, the fifth convention assem- bled at Danville, and unanimously decided for the separation of the district, upon the terms and conditions prescribed by the law of Virginia. An address was made to Congress for the admission of the new State into "the federal union, by the name of Kentucky;" and the last day of December, 1788, was fixed for the termination of the authority of Virginia, and the commencement of the new republic. This convention requested "the delegates from the district in the legislature of Virginia, to use their endeavors to have an inhabitant of the district ap- pointed a delegate to Congress for the ensuing year." Under this recommendation, Mr. John Brown was chosen the first and only member of the old Congress, under the confederation, from Kentucky. It, moreover, directed a convention to be elected, "with full power and authority to frame and establish a funda- mental constitution of government for the proposed State." Notwithstanding the unsettled and exposed condition of the country, involved in Indian depredations, and deprived of a free market for the produce of its labor; the fertility and cheapness of the lands, and no doubt the adventurous theatre, which was presented to the young and the aspiring; all combined to impel the stream of' emigration to Kentucky. So great was the accession of population. that it had doubled within the last three years .* About this time the Indians resorted to a species of miniature naral warfare against the emigrants to Kentucky. They manned a flat bottomed boat, such as is still used by fam- ilies for descending the western waters,t and "intercepted several of these family conveyances on the river; consigning *Marshall 1, 285.
Brond Horny, in the dialect of the western rivers, and of "Westward-Hol"
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those on board to slaughter, and carried off their goods." This new method of infesting one of the great avenues to the coun- try, after having effected much mischief, and spread wide alarm, was in one instance, broken up by a party from this city, which, however, found the Indian boat deserted, and could only destroy her.
In this year Kentucky as a part of the parent Commonwealth, was called upon to express her sentiments on the grand ques- tion of adopting the present constitution of the general govern- ment; which has elevated our country to so lofty and proud an eminence, among the nations of the earth. This is not the place to discuss or even narrate minutely, this mighty episode in our history; the crisis is well understood to have been preg- nant with every thing interesting to the dearest and most pre- cious interests of America; already violation of contracts, spu- rious paper money, arbitrary tender laws, State conflicting with State, in levying imposte on foreign goods, and violated treaties with foreign powers, were fast precipitating our coun- trymen into disunion, civil war. and foreign subjugation. The constitution of 1787, snatched our country from this tremen- dous gulf of ruin and dishonor. Justice, however, to the views of those opposed to the adoption, requires it to be stated, that with many, the question was not so much, whether the constitu- tion proposed, should be absolutely rejected; or whether it should be rejected, until amendments should be adopted. The spirit of liberty naturally flowed high, and suspicion of political power was proportionably sharp, so recently after the demoli- tion of the British goverment; or more properly the change of executive relations from a foreign monarch to a domestic head, which was in fact, the principal departure from the ancient institutions of the colonies. To this jealousy, invaluable as a preservative of public liberty, within any reasonable bounds, must no doubt be added, an influential source of opposition- the diminution of local and personal importance in the States. *"Many of the leaders of the opposition to the federal consti- tution, were such us wished to be little Kings at home." Is
+Jay's Life 1, 258
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not the remark still most powerfully applicable to our State controversies with the general government? Will it, indeed, ever lose its force, in so complicated a system of government, as our own? It may be, indeed, the centrifugal force of the machine, as necessary in its sphere, as the centripetal ten- dency of an efficient national authority, is indispensable to. combine the energies of the whole confederacy, for the safety and the welfare of all. The vote of Kentucky as represented in the convention of Virginia was, in conformity to the strong democratic spirit of the people, more alive to the dangers and abuses of political authority, than to the necessity of an effi- cient government, opposed to the adoption of the new govern- ment. The division was in the ratio of *eleven against the adoption, to three in its favor.t The two members from the county of Jefferson, the venerable Robert Breckenridge, lately deceased, and Rice Bullock; and Humphrey Marshall from Fayette, now silvered with years and public services, had the honor to enrol their names in favor of the constitution, and thereby the ever enduring renown of having contributed to preserve the fruit of the Revolution; and to allow it the oppor- tunity of ripening into the present glorious harvest of liberty, happiness, plenty, and peace. Virginia was the tenth adopting State; on the 20th of June, 1788, by a majority of eighty-eight to a minority of seventy-eight, she joined the new, and the author trusts, indissoluble confederacy of the North American
* Through the courtesy of Mesers. Brown and Marshall, the author is enabled to pre- sent the reader with the names of the Kentucky members of the Virginia Convention, which ratified the present Constitution of the L'unted States. From Fagette, Humphrey Marshall and John Fowler; Jefferson county, Robert Breckenridge and Rice Bullock; Lincoln county. John Logan and Henry Pawling; Nelson county. Jan. Steele and Matthew Walton; Mercer county, Thos. Allen and Alex. Robertson; Madison county, G. Clay and William Irvine; Bourbon county, Henry Lee and John Edwards The Constitution of the United States was published in the Kentucky Gazette, October 27th. 17-7. The only members of the Virgin Legislature from Kentucky, whose names the author has been able to obtain, are John Brown, Benjamin and John Logan, Squire Roone, Swearingen, Thomas, John and Robert Todd. James Harrod, William Mcchung, John Steele, James Garrard, John Edwards, John Jowitt, Wniiam Pope and Richard Taylor.
t On this occasion the author has been informed by the first historian of Kentucky, that a publication of Richard Heary Ire, addressed to the Governor of Virginia, and published in the Kentucky Gazette, had a most decisive influence against the proposed new govern. ment. It strongly advised the people of the district to retain their ratification from a constitution acknowledged to be detective, until, it was amended. So plausible a ground was with difficulty resisted annist the jealousies of this section of the country: removed ton, as it was, from the immediate scene of the discords which threatened the union of the elder States.
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States. It must not be concealed, that the new constitution was quite unpopular in Kentucky; though from the situation of the district, and the imperfect diffusion of intelligence, its profound and massy merits could scarcely have been understood. It would be a curious inquiry, how many copies of the constitu- tion, much less of the Federalist,* its chaste, and learned, and wise commentary, the joint production of some of our most consummate and virtuous statesmen, were at that day to be found in Kentucky.
On the 29th of July, in this year, the convention met at Danville, to form a constitution of government for the district, preparatory to its separation from Virginia. While this body was assembled, the sixth which had met on the subject of separation, although the first which was authorized to form a constitution; inforination was received, that Congress had determined to refer the question of admitting Kentucky into the union, to the new government. This was indeed, a cruel blow to the excited hopes of independent government, so repeatedly voted by Kentucky, and as often assented to by Vir- ginia. It is not a matter of wonder, that t"there was now observed the most deep-felt vexation, a share of ill temper bordering on disaffection; and strong symptoms of assuming independent government. The navigation of the Misissippi, and the trade to New Orleans, now just tasted for the first time, were strenuously pressed into the argument, in favor of com- pleting the constitution, and organizing government without delay." It was even proposed to submit the state of the dis- trict, and the course to be pursued to each militia company. This proposition, which would indeed, have been to revive the democracy of the Grecian Ecclesiai, and the Roman Campus Martius, amidst the representative republics of North America, was, by a large majority, most judiciously rejected. This body came, after protracted debate, to the following recommendation :
Mr. Humphrey Marshall anys, the first sony of the Federalist Le saw, was in the bands of George Niholas, when the former was on his journey to meet the above memo- rable convention.
t Marshall 1, 299.
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that the people of the district should elect another assembly, lo meet in the following November, and to continue in office until the 1st of January, 1790: "that they delegate to their said representatives full powers to take such measures for obtain- ing admission of the district, as a separate and independent member of the United States of America; and the navigation - of the Mississippi, as may appear most conducive to those pur- poses; and also to form a constitution of government for the district and organize the same, when they shall judge it neces- sary; or to do and accomplish whatsoever, on a consideration of the state of the district, may, in their opinion, promote its interests."
From the breadth and plenipotentiary character of this com- mission, like that of a Roman dictator, the temper of the dis- trict may be inferred; nor can there in the whole history of American government be found a career of such multiplied disappointments and abortive assemblies, as in the labors of Kentucky, to be admitted into the union. All parties appear to have been well disposed, still, as if under the influence of some enchantment, consent was given, but to be repealed; act was passed after act, and assembly met after assembly, only to give birth to a successor, as remote as ever from obtaining, what had been the *favorite object of the people for years. Nor ought the conduct of the party desiring an immediate organiza- tion of the government, to be branded with obloquy; any farther than it might have been mixed with views of Spanish dependence. For had a domestic government been organized after the repeated and harmonious co-operation of the great contracting parties, it is not to be supposed, that it would have been so technically misconstrued, as to have been viewed as treasonable to Virginia, or hostile to the union, owing to re- peated and unavoidable accidents. The magnanimous temper of Virginia would have cured every thing. Should any such unjust imputation have been placed upon the proceedings of Kentucky, it must, soon have been removed by their fidelity, had it have been, as it is believed it was, immovably fast to
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