Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 62

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 62

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To satisfy them as much as possible, however, a local board of war was appointed in Kentucky, composed of General Scott, Shelby, Innes, Logan, and Brown, who were authorized to call out the militia, into the service of the United States, whenever they thought proper, to act in conjunction with regular troops. Under the direction of this board, an expedition of eight hundred mounted men under General Scott, under whom Wilkinson served as second in command, was got up against the north-western tribes. Some skirmishing ensued, some prisoners were taken, and about fifty Indians killed. . No loss of any amount was sus- tained by the detachment, but no decisive or permanent impres- sion was made upon the Indians. .

Warned, by the disastrous campaign of Harmar, of the neces- sity of employing a greater force, the general government em- ployed two thousand regular troops, composed of cavalry, in- fantry, and artillery, in the ensuing campaign. The command was given to General St. Clair, the governor of the north-western territory. This gentleman was old and infirm, and had been very unfortunate in his military career, during the Revolutionary war. He was particularly unpopular in Kentucky, and no volun- teers could be found to serve under him. One thousand Ken- tuckians were drafted, however, and reluctantly compelled to serve under a gouty old disciplinarian, whom they disliked, and in conjunction with a regular force, which they regarded as doomed to destruction in Indian warfare. The consequence was

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that desertions of the militia occurred daily, and when the battle day came there were only about two hundred and fifty in camp.

The army left Cincinnati about the 1st of October, and en- camped upon one of the tributaries of the Wabash on the even- ing of the 3d of November. Encumbered by wagons and ar- tillery, their march through the wilderness had been slow and painful. His Kentucky force had dwindled at every step, and about the 1st of November a whole regiment deserted. The general detached a regiment of regulars after them, to protect the stores in the rear, and, with the residue of his force, scarcely exceeding one thousand men, continued his march to the encamp- ment upon the tributary of the Wabash. Here he was assailed, at daylight, by about twelve hundred Indians, who surrounded his encampment, and, lurking under such cover as the woods af- forded, poured a fire upon his men, more destructive than the annals of Indian warfare had yet witnessed. His troops were raw, but his officers were veterans, and strove for three hours, with a bravery which deserved a better fate, to maintain the honor of their arms. Gallant and repeated charges were made with the bayonet, and always with temporary success. But their nimble adversaries, although retreating from the bayonet, still maintained a slaughtering fire upon the regulars, which swept away officers and men by scores in every charge. A re- treat was at length ordered, which quickly became a rout, and a more complete overthrow was never witnessed. The remnant of the troops regained fort Jefferson, twenty-nine miles from the battle ground, on the night after the battle, and thence retreated to Cincinnati, in somewhat better order.

This dreadful disaster produced great sensation throughout the United States, and especially in Kentucky. A corps of mounted volunteers assembled with great alacrity, for the purpose of re- lieving St. Clair, who was at first supposed to be besieged in fort Jefferson, but upon the receipt of more correct intelligence, they were disbanded.

In December, 1791, the ninth and last convention was elected, who assembled at Danville in April following, and formed the first constitution of Kentucky. George Nicholas, who had emi- nently distinguished himself in the Virginia convention which adopted the federal constitution, was elected a member of the Kentucky convention from the county of Mercer, and took an active and leading part in the formation of the first constitution. This constitution totally abandoned the aristocratic features of the parent State, so far as representation by counties was con- cerned, and established numbers as the basis. Suffrage was uni- versal, and sheriffs were elected triennially by the people.

But while these departures from the constitution of Virginia dis- played the general predominance of the democratic principle in Kentucky, there are strong indications that the young statesmen of the west, were disposed to curb the luxuriance of this mighty element, by strong checks. The executive, the senate, and the

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judiciary, were entirely removed from the direct control of the people. The governor was chosen by electors, who were elected by the people for that purpose every fourth year. The mem- bers of the senate were appointed by the same electoral col- lege which chose the president, and might be selected indiffe- rently from any part of the State. The judiciary were appointed as at present, and held their offices during good behavior. The supreme court, however, had original and final jurisdiction in all land cases. This last feature was engrafted upon the constitution, by Colonel Nicholas, and was most expensive and mischievous in practice. The constitution was adopted, and the officers elected, in May, 1792. Isaac Shelby was elected governor, a brave and plain officer, who had gallantly served in the Revolutionary war, and distinguished himself at Kings' Mountain, and Point Pleasant. Alexander Bullitt was chosen speaker of the senate, and Robert Breckinridge of the house of representatives. The governor met both branches of the legislature in the senate chamber, and personally addressed them in a brief speech, in reply to which they voted an address. James Brown was the first secretary of state, and George Nich- olas the first attorney-general. John Brown and John Edwards (heretofore political opponents,) were elected, by joint ballot, senators to Congress. They fixed upon Frankfort as the future seat of government, by a process somewhat singular. Twenty- five commissioners were first chosen by general ballot; then the counties of Mercer and Fayette, the rival competitors for the seat of government, alternately struck five names from the list until the commissioners were reduced to five. These last were empowered to fix upon the capital.

The legislature was busily engaged, during its first session, in organizing the government. The judiciary and the revenue principally engaged their attention. Acts passed, establishing the supreme court, consisting of three judges, county courts, and courts of quarter session, the latter having common law and chancery jurisdiction over five pounds, and a court of oyer and terminer composed of three judges, having criminal jurisdiction, and sitting twice in the year. Taxes were imposed upon land, cattle, carriages, billiard tables, ordinary licenses and retail stores.

In the meantime Indian depredations were incessant, and General Washington, to the infinite distress of Kentucky, perse- vered in the employment of a regular force, instead of mounted militia, in the north-west. St. Clair was superseded and Gene- ral Wayne became his successor. A regular force, aided by militia, was again to be organized, and a final effort made to crush the hostile tribes. General Wilkinson received a commis- sion in the regular service, and joined the army of Wayne. In December, 1792, Colonel John Hardin, of Kentucky, who had commanded detachments under Harmar, was sent as a messen- ger of peace to the hostile tribes, and was murdered by them. Boats were intercepted at every point on the Ohio, from the

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mouth of Kanawha to Louisville, and in some cases their crews murdered. Stations upon the frontiers, were sometimes boldly attacked, and were kept perpetually on the alert. Yet the Pres- ident was compelled, by public opinion, in the east, to make an- other fruitless effort for peace with these enraged tribes, during the pendency of which effort, all hostilities from Kentucky were strictly forbidden. Great dissatisfaction and loud complaints against the mismanagement of government were incessant. In addition to the Indian war, the excise law told with some effect upon the distilleries of Kentucky, and was peculiarly odious. Kentucky had been strongly anti-federal at the origin of the government, and nothing had occurred since to change this origi- nal bias.

Early in the spring of 1793, circumstances occurred which fan- ned the passions of the people into a perfect flame of disaffection. The French Revolution had sounded a tocsin which reverberated throughout the whole civilized world. The worn out despotisms of Europe, after standing aghast for a moment, in doubtful inac- tivity, had awakened at length into ill-concerted combinations against the young republic, and France was engaged in a life and death struggle, against Britain, Spain, Prussia, Austria, and the German principalities. With this war the United States had, strictly, nothing to do, and the best interests of the country clearly required a rigid neutrality ; which President Washington had not only sagacity to see, but firmness to enforce by a proclamation, early in 1793. The passions of the people, however, far outran all consideration of prudence or interest, and displayed them- selves in favor of France, with a frantic enthusiasm which threat- ened perpetually to involve the country in a disastrous war with all the rest of Europe. The terrible energy which the French Republic displayed, against such fearful odds, the haughty crest with which she confronted her enemies, and repelled them from her frontier on every point, presented a spectacle well calculated to dazzle the friends of democracy throughout the world. The horrible atrocities which accompanied these brilliant efforts of courage, were overlooked in the fervor of a passionate sym- pathy, or attributed, in part, to the exaggerations of the British press.

The American people loved France as their ally in the Revo- lution, and now regarded her as a sister republic contending for freedom against banded despots. The sympathy was natural, and sprang from the noblest principles of the heart, but was not on that account, less threatening and disastrous to the future happiness and prosperity of the country. Washington, fully aware of the danger, boldly and firmly strove to restrain the passions of his countrymen from overt acts of hostility to the powers at war with France, and in so doing, brought upon him- self a burst of passion, which put his character to the most severe test. In no part of the world did the French fever blaze more brightly than in Kentucky. Attributing to English perfidy

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in refusing to surrender the western posts, the savage murders, which desolated their frontier, they hated that nation with the same fierce fervor with which they loved France. The two pas- sions fanned each other, and united with the excise and the Indian war in kindling a spirit of disaffection to the general gov- ernment, which, more than once, assumed a threatening aspect.

Citizen Genet, the ambassador of the French Republic, landed at Charleston in the spring of 1793, and was received with a burst of enthusiasm, which seems completely to have turned his brain. His progress through the country to New York, was like the triumphant march of a Roman conqueror. Treating the President's proclamation of neutrality with contempt, he pro- ceeded openly to arm and equip privateers, and to enlist crews in American ports to cruize against the commerce of England and Spain, as if the United States were openly engaged in the war, as an ally of France. Four French agents were sent by him to Kentucky, with orders to enlist an army of two thousand men, appoint a generalissimo, and descending the Ohio and Mis- sissippi in boats, attack the Spanish settlements at the mouth of the Mississippi, and bring the whole of that country under the dominion of the French republic. The troops and officers were to receive the usual pay of French soldiers, and magnificent donations of land in the conquered provinces.

There was a cool impudence in all this which startled the minds of many, but the great mass were so thoroughly imbued with the French fever, that they embraced the project with ardor, and regarded the firm opposition of Washington with open indig- nation, expressed in the strongest terms. General George Rogers Clark accepted the office of Generalissimo, with the high sounding title of "Major General in the armies of France and Commander in Chief of the French Revolutionary Legions on the Mississippi," and great activity was displayed in enlisting men and officers for the expedition. Upon the first intelligence of this extraordinary project, the President caused Governor Shelby to be informed of it, and explaining to him the mischief which would result to the United States, requested him to warn the citizens against it. The governor replied, that he did not believe that any such project was contemplated in Kentucky, "That her citizens were possessed of too just a sense of the obligations due to the general government to embark in such an enterprise."

In the meantime democratic societies, somewhat in imitation of the terrible Jacobin clubs of France, were established in the east, and rapidly extended to Kentucky. There were established during the summer of 1793, one in Lexington, another in George- town, and a third in Paris. Their spirit was violently anti-fede- ral. The navigation of the Mississippi, the excise, the Indian war, the base truckling to England, the still baser desertion of France, in the hour of her terrible struggle with the leagued des- potism of the old world, became subjects of passionate declama-

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tion in the clubs, and violent invectives in the papers. The pre- tracted negotiation then in progress with Spain, relative to the navigation of the Mississippi, although pressed by the executive, with incessant earnestness, had as yet borne no fruit. The sleep- less jealousy of the west, upon that subject, was perpetually goaded into distrust of the intentions of the general government. It was rumored that their old enemy, Jay, was about to be sent to England, to form an alliance with that hated power, against their beloved France ; and it was insinuated that the old project, of abandoning the navigation of the Mississippi, would be revi- ved the moment that the power in Congress could be obtained. Under the influence of all these circumstances, it would have been difficult to find a part of the United States in which anti- federal passions blazed more fiercely than in Kentucky. The French emissaries found their project received with the warmest favor. The free navigation of the Mississippi forever, would be the only direct benefit accruing to Kentucky, but French pay, French rank, and lands ad libitum, were the allurements held out to the private adventurers.

In November, 1793, there was a second communication from the President to the governor. This stated that the Spanish minister, at Washington, had complained of the armament pre- paring in Kentucky, mentioned the names of the Frenchmen engaged in it, of whom Lachaise and Depeau were chief, and earnestly exhorted the governor to suppress the enterprise, by every means in his power, suggesting legal prosecution, and, in case of necessity, a resort to the militia. The governor of the north-western territory (the unfortunate St. Clair), about the same time, communicated to Governor Shelby, that extraordinary preparations seemed to be going on for the enterprise. Two of the French emissaries also wrote to the governor, and we are tempted to give the letter of Depeau in full. Here it is:

" CITIZEN GOVERNOR,

It may appear quite strange to write to you on a subject, in which, although it is of some consequence. With confidence from the French ambassador I have been dispatched with more Frenchmen to join the expedition of the Mississippi. As I am to procure the provision I am happy to communicate to you, what- ever you shall think worthy of my notice, as I hope I have in no way disoblige you ; if I have, I will most willingly ask your pardon. For no body can be more than I am, willing for your prosperity and happiness. As some strange reports has reached my ears that your excellence has positive orders to arrest all citi- zens inclining to our assistance, and as my remembrance know by your conduct, in justice you will satisfy in this uncommon request. Please let me know as I shall not make my supply till your excellence please to honor me with a small answer. I am your well wisher in remaining for the French cause, a true citizen Democrat. CHARLES DEPEAU."

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" Postscript. Please to participate some of these hand bills to that noble society of democrats. I also enclose a paper from Pittsburgh."

The governor replied to citizen Depeau in a grave and formal manner, reciting, at length, the information and instructions he had received from the department of state, and concluding with the remark, that his official position would compel him to pay some attention to them. As to whether he "participated " the handbills to the " noble society of democrats," the voice of his- tory is, unfortunately, silent.

About the same time General Wayne wrote to the Governor, advising him that the regular cavalry, then wintering in Ken- tucky, under the command of Major Winston, would be subject to his orders, and that an additional force should be furnished, if necessary, to repress any illegal expedition from Kentucky. The reply of the governor to the secretary of state, is somewhat curious, and shows that the views of the brave and plain old soldier had become somewhat warped, from their original simpli- city, by the nice distinctions and quibbling subtleties of his legal advisers. The following extracts from his reply are given.

"I have great doubts, even if they (General Clark and the Frenchmen,) attempt to carry this plan into execution, (provided they manage the business with prudence,) whether there is any legal authority to restrain or to punish them, at least before they have actually accomplished it. For if it is lawful for any one citizen of this state to leave it, it is equally so for any number of them to do it. It is also lawful for them to carry with them any quantity of provisions, ammunition and arms. And if the act is lawful in itself, there is nothing but the intention with which it is done which can make it unlawful. But I know of no law which inflicts a punishment upon intention only, or any criterion by which to decide what would be sufficient evidence of that inten- tion." Again he says, "Much less would I assume power to exercise it against men whom I consider as friends and brethren, in favor of a man, whom I view as an enemy and a tyrant. I shall also feel but little inclination to take an active part in pun- ishing or restraining my fellow citizens for a supposed intention only, to gratify or remove the fears of the minister of a prince who openly withholds from us an invaluable right, and who se- cretly instigates against us a most savage and cruel enemy."

These extracts are given as powerfully illustrative of the times. The course of reasoning and passions disclosed in them, were not peculiar to Governor Shelby, but were shared by a vast majority of the citizens of every class. Upon receiving this answer, the President gave orders to General Wayne to occupy fort Massac with artillery, and to take such other steps as might be necessary to arrest this mad expedition.

In the mean time, the democratic societies resorted to every method of inflaming the popular mind upon the subject of the navigation of the Mississippi, and the jealousy of the east,

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which they contended was the true cause of the failure of the general government to procure it for them. They had invited a general meeting of the people in Lexington, in the spring of 1794, where resolutions were adopted of a violent character, breathing the deepest hostility to the general government, and inviting the citizens of the different counties to hold meetings and elect delegates to a convention, whose object was not pre- cisely defined, but which looked in the old direction of separation. Just at this time, however, the intelligence came that citizen Genet had been recalled, that his acts were disavowed by the French government, and all his proceedings disapproved. At once, Messieurs Lachaise and Depeau lost all authority, General Clark was stripped of his magnificent title, and the splendid vision of conquest in the south, which had dazzled the eyes of the Kentuckians, vanished into air. The project of a conven- tion, so fiercely demanded by the late resolutions, fell still-born, and a reasonable degree of tranquility was restored to the public mind.

In the mean time preparations for another campaign against the Indians, were incessantly urged by the President. During the summer of 1793, a powerful regular force had been concen- trated at Cincinnati, and a requisition was made on Governor Shelby for one thousand mounted riflemen. None would volun- teer, and a draft was again resorted to. The reinforcement reached Wayne in October, and during its stay, had an opportu- nity of witnessing the energy. and discipline infused into the regular force by its gallant commander.

The season was too far advanced for active operations, and the Kentucky contingent was dismissed until the following spring. A much better opinion of the efficiency of a regular force was diffused through the country by the return of the mounted men, and in the following spring, fifteen hundred volunteers took the field with alacrity under the command of General Scott, and joined the regular force under Wayne. That intrepid com- mander, after one more ineffectual effort to obtain peace, marched into the heart of the hostile country, and on the morning of the 20th of August, attacked them in a formidable position which they occupied near the rapids of the Miami. A dense forest, for miles had been overthrown by a tempest, and the Indians occu- pied this forest, upon which neither cavalry nor artillery could make any effectual impression. Wayne ordered the mounted riflemen to make a circuit far to the left and operate upon the right flank and rear of the enemy, while the regular infantry was formed, under the eye of the commander in chief, directly in front of the fallen timber. After allowing time for the mounted men to take their designated position, the general or- dered the regulars to make a rapid charge with the bayonet upon the Indian position, without firing a shot until the enemy should be roused from their covert, and then to deliver a general fire. This order was promptly executed, and resulted in a total

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route of the enemy. The conquering troops pressed their ad- vantage, and never was victory more complete. The action was fought almost under the guns of a British fort, and the routed enemy fled in that direction. It was with the utmost difficulty that a collision was prevented, as the Kentucky troops were violently incensed against the British, who undoubtedly furnished the Indians with arms and ammunition. All the houses and stores around the fort were destroyed, notwithstanding the spi- rited remonstrances of the British commandant, but further hos- tilities were avoided.

This brilliant success was followed by the most decisive results. A long series of defeats had injured the credit of the govern- ment, and the Indian tribes of the east and south, gave indica- tions of a disposition to co-operate with their brethren in the north-west. But the shock of the victory at the Rapids, was instantly felt in all quarters. A treaty was made with the hos- tile tribes, which was observed until the war of 1812, while the Six Nations of the east, and the Cherokees in the south, instantly became pacific, even to servility.

The effect in Kentucky was scarcely less propitious. A better feeling towards the general government was instantly visible, which manifested itself by the election of Humphrey Marshall, in the ensuing winter, to the Senate of the United States, over the popular and talented John Breckinridge; Marshall being a determined federalist, and his competitor a republican or democrat.

During this winter an attempt was made by the legislature to remove by address two of the judges of the supreme court, George Muter and Benjamin Sebastian. Their crime was a de- cision in an important land suit, flagrantly illegal, and which would have been most mischievous in its consequences, if adhe- red to. The effort, as usual, failed, but the court revised its opinion and changed its decision. By another act, the courts of quarter session were abolished, as well as the court of oyer and terminer, and the district courts established in their places. All the judges retired with their courts. Original jurisdiction in land cases was also taken away from the supreme court, and conferred upon the district courts. An act also passed obliging every white male, over sixteen, to kill a certain number of crows and squirrels annually, which is too characteristic of the times to be omitted.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 62

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