Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 61

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 61

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The delegates were elected as proposed, but before they assem- bled the true state of affairs in Congress was more accurately understood, and the convention, after a brief session, and after rejecting various propositions, which looked towards increasing and prolonging the excitement of the people upon this agitating subject, quietly adjourned, without taking any action whatever upon the subject.

This negotiation belongs properly to the history of the United

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States; but it is impossible to understand the early political history of Kentucky, without briefly adverting to some of its most prominent features. No sooner did it become evident that the war, however protracted, must finally end in the establishment of American independence, than the friendly courts of France and Spain began to exhibit the most restless jealousy as to the western limits of the infant republic. Spain was then an im- mense land-holder upon the northern part of the continent, claiming all east of the Mississippi, lying south of the 31st degree of north latitude, and all west of the Mississippi to the Pacific. France had large islands in the West Indies. The object of both was to make the Alleghany the western limit, if possible ; if not, at least to bound them by the Ohio, leaving Kentucky, Ten- nessee, and Mississippi, to indemnify his Catholic majesty for the expenses of the war.

These views were early disclosed by the two allied powers, and urged with all the skill and power of a long practiced and tortuous diplomacy. On the contrary, they were steadily and manfully opposed by Jay and the elder Adams, the American ministers abroad, who succeeded in securing to their country the boundary of the Mississippi, as far south as latitude 31, the full extent of the ancient English claim. Baffled upon the subject of boundary, Spain still clung to the navigation of the Mississippi, and anxiously strove to retain the exclusive right to its naviga- tion, and to obtain from the United States a cession of all right thereto. This was firmly resisted by Jay during the war, when his instructions gave him a large discretion, and when pecuniary aid was lavishly proffered by Spain if this right was ceded, and no less pertinaciously adhered to by him after the war.

In 1786, Don Gardoqui, the Spanish ambassador, opened a nego- tiation with Jay, the secretary for foreign affairs, at New York. Jay's instructions from Congress forbade him to make any con- cessions upon the subject of the Mississippi, and under these instructions the negotiation began. Jay reported to Congress that his opinion of the question remained unaltered, but that by relinquishing the right for twenty years they could obtain great and important advantages, more than equivalent to the disad- vantages of the said cession, which, in his opinion, (so little did he anticipate the rapid growth of the west,) would be of little importance for twenty years.

The seven north-eastern States voted to rescind the instructions above alluded to, restricting him upon the subject of the Missis- sippi. This was violently opposed by Virginia, and the other States, and as the votes of nine States were necessary to the success of the resolution, and it was obviously impossible to obtain so many votes for the measure, the subject was entirely relinquished. Virginia, in the meantime, by an unanimous vote of her legislature, had instructed her delegates in Congress never to accede to any such proposition ; and she was warmly sup- ported by the other non-concurring States. As soon as these

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facts were thoroughly understood by the convention, they quietly adjourned, without action of any kind. There was left upon the public mind, however, a restless jealousy of the intentions of the north-eastern States, which could, at any time, be fanned into a flame, and of which political aspirants eagerly availed theraselves, whenever it suited their purposes. The name of Jay became peculiarly odious in Kentucky, which odium was not diminished by his celebrated treaty, concluded many years afterwards.

In the meantime, the delegates to the fifth convention, in con- formity to the last act of Virginia, were quietly elected, and a newspaper, entitled the "Kentucky Gazette," printed by John Bradford, of Lexington, having been established, the pent up passions of the various political partisans found vent in its pages. During this summer, General Wilkinson descended the Missis- sippi with a cargo of tobacco, for New Orleans, avowedly upon a mercantile adventure alone. But those who had been startled by the boldness of the general's project, of separation from Vir- ginia, coupling this trip with the recent agitation of the question of the navigation of the Mississippi, and the unsettled state of the public mind in relation to the Spanish pretensions, did not scruple to charge him with ulterior projects, other than commer- cial in their tendency. The delegates, in the meantime, assem- bled in Danville, and again repeated the uniform decision of their predecessors, by an unanimous vote.

A copy of their proceedings was sent to the executive of Vir- ginia, and the editor of the Gazette was requested to publish them, for the information of the people. An address to Congress was adopted, perfectly respectful in its character, praying that honorable body to receive them into the Union. The represen- tatives from Kentucky to the Virginia legislature, were also requested to exert their influence to have a delegate to Congress, elected from the district of Kentucky, who should sit with the delegation from Virginia. They decided that the power of Vir- ginia should cease on the 31st of December, 1788, and made provision for the election of still another convention-it was hoped the last-to assemble, in the ensuing year, at Danville, in order to form a constitution. The legislature of Virginia cor- dially assented to the suggestion of the convention, in relation to the appointment of a delegate from Kentucky, to Congress, and Mr. John Brown, a representative from Kentucky to the Virginia legislature, was elected, by that legislature, a delegate to Congress, taking his seat with the other representatives from Virginia. This gentleman was one of the most eminent lawyers of Kentucky, possessed of talents, influence, and popularity. He was charged with the delivery of the petition of the convention to Congress, and lost no time in presenting himself before that body.

The great convention, which gave birth to the American con- stitution, had concluded their labors, in Philadelphia, in September 1787, and the public mind was so much excited upon the subject

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of the new constitution, that the old Congress could scarcely be kept alive until the new government should be organized. A quorum of the members could not be rallied, during the winter, and although the act of the Virginia legislature required their assent before the 4th of July, 1788, it was not until the 3d of July that the question of the admission of Kentucky was taken up. The federal constitution had then been adopted by ten States, and it was certain that the new government would quickly go into operation. The old Congress declined to act upon the petition of Kentucky, and referred the question to the new go- vernment, whenever the same should be organized.

Thus was Kentucky again baffled in her most ardent wish, and flung back to the point from which she had started, more than four years before. Her long array of conventions had in vain decided, again and again, that it was expedient to separate from Virginia, and become an independent member of the confederacy. Mr. Brown communicated the intelligence to his constituents ; and his own views upon the subject are clearly contained in two letters, the one to Samuel M'Dowell, who had acted as president of nearly all the Kentucky conventions, the other to George Muter. In these letters he attributes the refusal of Congress, to act upon the petition of Kentucky, to the jealousy of the New England States, of any accession to the southern strength, in Congress, and he inclines to the opinion that the same causes will have equal weight with the new government. He gives the result of various private interviews between himself and Don Gardoqui, the Spanish minister-speaks of the promises of that minister, of peculiar commercial advantages to Kentucky, con- nected with the navigation of the Mississippi, if she will ercet her- self into an independent government ; but these advantages, he says, can never be yielded to her by Spain, so long as she remains a member of the Union ! He communicates this information in confidence, and with the permission of Don Gardoqui, to a few friends, not doubt- ing that they will make a prudent use of it. He gives his own opinion decidedly in favor of immediate independence, without waiting for the result of another application to Congress, under the new government.

It is worthy of observation, that in July 1787, Harry Innes, attorney-general of Kentucky, wrote to the executive of Virginia, giving it as his opinion that Kentucky would form an independent government in two or three years, as Congress did not seem dis- posed to protect them, and under the present system she could not exert her strength. He adds, " I have just dropped this hint to your ex- cellency for matter of reflection !". Coupling these passages with the early and bold declaration of Wilkinson upon the same sub- ject, we cannot for a moment doubt, that the project of unconsti- tutional separation from Virginia and the union was seriously entertained by some of the statesmen of Kentucky, including Wilkinson, Brown, and Innis, as the prominent and leading char acters. Whether this project was horrid and damnable, as char

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acterized by Marshall, or innocent and patriotic, as esteemed by Mr. Butler, may be left to nice casuists in political morality to decide. But that the scheme was seriously entertained cannot fairly be denied, and truth and fidelity require that the historian should not attempt to conceal it.

Before the result of the application to Congress could be known in Kentucky, the public mind was powerfully directed to the im- portance of the navigation of the Mississippi by the return of General Wilkinson from New Orleans, and the intelligence that he had obtained for himself the privilege of shipping tobacco to New Orleans, and depositing it in the king's stores, at the price of ten dollars per hundred weight. He immediately offered to purchase tobacco to any amount, and dilated eloquently upon , the advantages that would result to Kentucky, even from the partial trade which he had succeeded in opening, but explained that a commercial treaty might be formed with Spain, which would throw open their ports to the whole western country, if the west were erected into an independent government, capable of treating with a foreign power. In the meantime Indian hos- tility never slumbered, but murders upon the frontier were inces- sant. The old confederation was about to expire, despised abroad and scarcely respected at home, and early in the spring Kentucky was called upon to elect delegates to the Virginia con- vention, which was called to adopt or reject the federal constitu- tion. Nearly every leading man in Kentucky, and an immense majority of the people, were warmly anti-federal; yet three of the Kentucky delegation, one from Fayette and two from Jeffer- son, voted in favor of its adoption. The member from Fayette was no other than the veteran historian of Kentucky, Humphrey Marshall, who certainly voted against the opinion of a majority of his constituents.

On the 28th of July the sixth convention assembled at Dan- ville. But scarcely had they organized and commenced business when the intelligence was communicated to them, that Congress had declined to act upon the petition of Kentucky, and had re- ferred the whole subject to the new government. Anger and disappointment were strongly expressed in all quarters. The party which with invincible firmness had uniformly adhered to "law and order," now received a rude shock. The party which vaguely and cautiously advocated immediate independence, con- trary to law, became more bold and open in urging their project. The trade to New Orleans, recently opened by Wilkinson, was made to loom largely before the public eye, and unfolded visions of future wealth which dazzled the imagination. The old con- federation was contemptible, from its helpless imbecility, and the new government, yet in embryo, was odious and unpopular. A proposition to form a constitution without further delay was warmly advocated, and it was proposed in convention that the question should be submitted to each militia company in the district, and that the captain of said company should report the

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result of the vote. This proposition awakened the most passion- ate opposition, and was voted down by a large majority. Yet the ambiguous character of the resolutions finally adopted, dis- plays the balanced condition of parties in the convention, and that neither could fully carry out their designs. They finally resolved that a seventh convention be elected in October, and as- semble in November, with general power to take the best steps for securing admission into the union, and also the navigation of the Mississippi ; that they have power to form a constitution, and do generally whatever may seem necessary to the best interests of the district. We clearly recognize the finger of each party in the above resolution, and may infer that each felt their inability to carry out decisive measures.

As the time for the election of the seventh convention ap- proached, a publication appeared in the Gazette, signed by George Muter, the chief justice of the district court, which, in a concise and clear manner points out the particular clauses in the laws of Virginia and the articles of confederation, which would be vio- lated by the formation of an independent government, in the manner proposed by the party of which Wilkinson was the lea- der. This publication was universally attributed to Colonel Thomas Marshall, of Fayette, the father of the late chief justice Marshall. This gentleman had emigrated with his family to Kentucky in 1785, had been appointed surveyor of Fayette county, and had taken an active part in the early struggle of parties in Kentucky. His opposition to the project of indepen- dence, contrary to law, was early, decided, and uncompromising, and two tickets were now formed in the county of Fayette, for the approaching convention. Colonel Marshall was at the head of one, and General Wilkinson of the other. The old English party names of " Court," and " Country," were given to them by the wits of the day, and the canvass was conducted with a zeal and fervor proportioned to the magnitude of the questions in- volved in the issue. The election lasted for five days, and it soon became evident, that the ticket headed by Marshall was running ahead. During the election, Wilkinson so far modified his tone, as to declare that his action in the convention should be regulated by the instructions of his constituents ; and by the strength of his personal popularity, he was elected. Fayette was entitled to five representatives, of whom four were elected from the ticket headed by Marshall, and Wilkinson alone was elected, of the opposite party.

In November the delegates assembled at Danville, and pro- ceeded to business. The resolution of Congress, transmitted by Mr. Brown, was first referred to the committee of the whole, with- out opposition. A motion was then made to refer the resolution of the last convention, upon the subject of the Mississippi navi- gation, to the committee also, in order that the whole subject might be before them. The restless jealousy of the " law and order party" took alarm at this proposition, and a keen and ani.

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mated debate arose upon the question of reference. Wilkinson Brown, Innes, and Sebastian, were in favor of the reference, while it was warmly opposed by Marshall, Muter, Crockett, Allen, and Christian. The reference was carried by a large majority. Regarding this as an unfavorable indication of the temper of the convention, Colonel Crockett left his seat on Saturday, and on Monday returned, with a remonstrance, signed by nearly five hundred citizens, against violent or illegal separation from their eastern brethren. This bold step undoubtedly made a deep im- pression upon the convention, and gives a lively indication of the strong passions awakened by the discussion.

In the debate upon the question of reference, Wilkinson and Brown had glanced at the project of illegal separation, in a man- ner which showed that they were doubtful of the temper of the convention. General Wilkinson, after dwelling upon the vital importance of the navigation to Kentucky, and the improbability that Spain would ever grant it to Congress, concluded, with em- phasis, "that there was one way, and only one, of obtaining this rich prize for Kentucky, and that way was so guarded by laws, and fortified by constitutions, that it was difficult and dangerous of access." He added, " that Spain might concede to Kentucky alone, what she would not concede to the United States," and " that there was information within the power of the convention, upon this sub- ject, of the first importance, which, he had no doubt, a gentleman in the convention would communicate." He sat down, and looked at Mr. Brown ; the eyes of all the members traveled in the same direction, expressive of very different emotions. Mr. Brown arose, and remarked, " that he did not consider himself at liberty to disclose the private conferences held with Don Gardo- qui, but this much he would say, in general, that provided they were unanimous, everything that they could wish for was within their reach." He then resumed his seat .* General Wilkinson again arose, and read a long manuscript essay upon the navigation of the Mississippi, giving the sheets to Sebastian, as they were read. This essay was addressed to the Spanish intendant. A motion was made to give the thanks of the convention to the general, for the essay, which was unanimously concurred in.

A resolution, offered by Edwards, and seconded by Marshall, might be regarded as a test of the temper of the convention. It was " to appoint a committee to draw up a decent and respect- ful address, to the legislature of Virginia, for obtaining the independence of Kentucky, agreeably to the late resolution and recommendation of Congress." No opposition was made, and the committee was appointed, of whom Wilkinson was one, and the only one of his party, on the committee. In due time the committee reported, an amendment was moved, which resulted in the postponement of the whole matter to a future day. In the interval, General Wilkinson brought forward a preamble and resolution, which, after lamenting the divisions and distractions which appeared in the convention, and urging the necessity of * See pages 98, 99.

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unanimity, proposed the appointment of a committee to draw up an appeal to the people, for instructions as to their future action, upon the great subjects before them. The committee was ap- pointed, of which he was chairman. He quickly reported an address to the people, which was referred to the committee of the whole.

Before this was acted upon, the address to the Virginia legis- lature, which had been postponed, came up. The address was temperate, respectful, and clearly repelled the idea of any but constitutional measures. It prayed the good offices of the parent State, in procuring their admission into the Union, and if adopted, was decisive of the temper of the convention. It was finally adopted. Wilkinson's address to the people was never after- wards called up. The adoption of the address to Virginia gave it a quiet deathblow, from which it did not attempt to recover. An address to Congress was also voted, and was drawn up by Wilkinson. The convention then adjourned, to meet again at a distant day.

In the meantime the legislature of Virginia assembled, and, having received information of the refusal of Congress to act upon the application of Kentucky for admission, they passed a third act, requiring the election, in Kentucky, of a seventh con- vention, to assemble at Danville, in July 1789, and go over the whole ground anew. They gave this convention ample powers to provide for the formation of a State government. Two new conditions were inserted in this act, which gave serious dissatis- faction to Kentucky; but, upon complaint being made, they were readily repealed, and need not be further noticed. In other re- spects, the act was identical with its predecessors. An English agent, from Canada, during this winter, visited Kentucky, and called upon Colonel Marshall, and afterwards upon Wilkinson. His object seems to have been to sound the temper of Kentucky, and ascertain how far she would be willing to unite with Canada, in any contingency which might arise. The people, believing him to be a British spy, as he undoubtedly was, gave certain indications, which caused him to leave the country, with equal secrecy and dispatch.

In the meantime the people quietly elected delegates to the seventh convention, as prescribed in the third act of separation, which, in July, 1789, assembled in Danville. Their first act was to draw up a respectful memorial to the legislature of Virginia, remonstrating against the new conditions of separation, which, as we have said, was promptly attended to by Virginia, and the obnoxious conditions repealed by a new act, which required another convention to assemble in 1790. In the meantime the new general government had gone into operation ; General Wash- ington was elected president, and the convention was informed, Dy the executive of Virginia, that the general government would lose no time in organizing such a regular force as would effec- tually protect Kentucky from Indian incursions. This had

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become a matter of pressing necessity, for Indian murders had become so frequent, that no part of the country was safe.

: The eighth convention assembled in July, 1790, and formally accepted the Virginia act of separation, which thus became a compact, between Kentucky and Virginia. A memorial to the President of the United States and to Congress, was adopted, and an address to Virginia, again praying the good offices of the parent State in procuring their admission into the Union. Pro- vision was then made for the election of a ninth convention, to assemble in April, 1791, and form a State constitution. The . convention then adjourned. In December, 1790, President Wash- ington strongly recommended to Congress to admit Kentucky into - the Union. On the 4th of February, 1791, an act for that pur- pose had passed both Houses, and received the signature of the President.

We have thus detailed as minutely as our limits would permit, the long, vexatious, and often baffled efforts, of the infant com- munity of the West, to organize a regular government, and obtain admission into the Union. And it is impossible not to be struck with the love of order, the respect for law, and the pas- sionate attachment to their kindred race, beyond the mountains, which characterized this brave and simple race of hunters and farmers. The neglect of the old confederation, arose, no doubt, from its inherent imbecility, but never was parental care more · coldly and sparingly administered. Separated by five hundred miles of wilderness, exposed to the intrigues of foreign govern- ments, powerfully tempted by their own leading statesmen, repul- -sed in every effort to obtain constitutional independence, they yet clung with invincible affection to their government, and turned a deaf ear to the syren voice, which tempted them with the richest gifts of fortune, to stray away from the fold in which they had been nurtured. The spectacle was touching and beau- tiful, as it was novel in the history of the world. ..

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CHAPTER III.

No sooner was the new federal government organized than its attention was anxiously turned to the exposed condition of the western frontier. A useless effort to obtain peace for Ken- tucky, was quickly followed by a military force such as the west had never seen under the federal government, but which was still utterly inadequate to the wants of the country.

General Harmar, at the head of three hundred and fifty regu- lars, was authorized to call around his standard fifteen hundred militia from Pennsylvania and Virginia. A considerable part of this force rendezvoused at Cincinnati, in September, 1790, and marched in hostile array upon the Miami towns. The result was most disastrous. Two large detachments, composed both of regulars and militia, were successively surprised, and routed with dreadful slaughter. The regulars were absolutely destroyed, and the militia sustained enormous loss. Harmar returned with loss of reputation, and the events of the campaign were such as to impress Kentucky with the belief that regulars were totally unfit for Indian warfare. They zealously endeavored to impress this truth upon the mind of the President, and were not a little discon- tented that he adhered to his own opinion in opposition to theirs.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 61

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1452

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452