Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 63

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 63


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The good humor created by Wayne's victory was sadly disturb- ed by the intelligence received in the spring of 1795, that Jay had concluded a treaty with Great Britain, which, if ratified, would pro- duce the immediate surrender of the north-western posts, and insure peace, tranquillity, and rapid appreciation of property in Kentucky. Yet so much more powerful is passion than interest, that the intelligence of this treaty was received with a burst of fury, throughout Kentucky, that knew no bounds. The people regarded it as a base desertion of an ancient friend struggling


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with a host of enemies, and a cowardly truckling to England from cold blooded policy, or a secret attachment to aristocratic institutions. Their senator, Marshall, with that firmness of pur- pose which eminently distinguished him through life, had voted for the conditional ratification of the treaty, against the wishes of a vast majority of his constituents. This determined exercise of his own judgment, exposed him to popular odium, and even personal violence upon his return, from which he made a narrow escape.


A treaty with Spain was also concluded in October, 1795, by which the right to navigate the Mississippi to the ocean, was conceded to the United States, together with a right of deposit at New Orleans, which, in effect, embraced all that Kentucky desired. Peace with the Indians, the surrender of the posts, the navigation of the Mississippi, had at length been obtained, by the incessant exertions of the general government, for Kentucky.


But pending the negotiation with Spain, an intrigue was com- menced, between the agents of that power and certain citizens of Kentucky, which was not fully disclosed to the country until the year 1806, and the full extent of which is not even yet cer- tainly known. In July, 1795, the Spanish governor, Carondelet, dispatched a certain Thomas Power to Kentucky, with a letter to Benjamin Sebastian, then a judge of the Court of Appeals of Kentucky. In this communication he alludes to the confidence reposed in the judge by his predecessor, General Miro, and the former correspondence which had passed between them. He de- clared that his Catholic majesty was willing to open the Missis- sippi to the western country, and to effect that object, and to nego- tiate a treaty, in relation to this and other matters, Sebastian was requested to have agents chosen by the people of Kentucky, who should meet Colonel Gayoso, a Spanish agent, at New Madrid, when all matters could be adjusted. Judge Sebastian communicated this letter to Judge Innes, George Nicholas and William Murray, the latter a very eminent lawyer of Kentucky, of the federal party, and they all agreed that Sebastian should meet Gayoso at New Madrid, and hear what he had to propose. The meeting accordingly took place, and the outline of a treaty was agreed to, but before matters were concluded, intelligence was received of the treaty concluded with Spain by the United States, by which the navigation was effectually and legally se- cured. The Spanish governor broke up the negotiation, much to the dissatisfaction of Sebastian, who concluded that the regular treaty would not be ratified, and preferred carrying out the irreg- ular negotiation then commenced.


All communication then ceased, so far as is known, until 1797. The commissioners were busily engaged in marking the line of boundary between Spain and the United States, as fixed by the treaty, when Carondelet again opened the negotiation. His for- mer agent, Thomas Power, again appeared in Louisville, with a letter to Sebastian, and a request that Sebastian would disclose


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its contents to Innes, Nicholas and Murray. Sebastian positively refused to hold any intercourse with Murray, but instantly show- ed the letter to Judge Innes. The scheme unfolded in this letter was, " to withdraw from the federal union and form an indepen- dent western government. To effect this object it was suggested that these gentlemen should, by a series of eloquently written publications, dispose the public mind to withdraw from any fur- ther connection with the Atlantic States. In consideration of the devotion of their time and talents to this purpose, it was proposed that the sum of one hundred thousand dollars should be appropriated to their use, by his Catholic majesty. Should any one in office, in Kentucky, be deprived thereof, on account of his connection with Spain, the full value of said office was to be paid to him by his majesty." This article was inserted at the suggestion of Sebastian.


To effect these great objects, it was proposed that twenty pie- ces of field artillery, with a large supply of small arms and mu- nitions of war, together with one hundred thousand dollars in money, should instantly be furnished to Kentucky by the King of Spain, as his majesty's quota in aid of the enterprise. Fort Massac was to be seized instantly, and the federal troops were to be dispossessed of all posts upon the western waters. The only stipulation for the benefit of his Catholic majesty was an exten- sion of his northern boundary, to the mouth of the Yazoo, and thence due east to the Tombigbee. For this miserable pittance of desert territory, this corrupt and worn out despotism was willing to violate its faith recently plighted in a solemn treaty, and, by treachery and intrigue, to sow the seeds of discord and revolution, where all was peace and confidence. Such was the morality of courts in the eighteenth century.


This proposal was received by Sebastian with great coolness, and submitted to Innes for his opinion. The testimony of Innes himseif is all that we have to rely on, as to the manner in which he received the proposition. He declares that he denounced the proposal as dangerous and improper, and gave it as his opin- ion that it ought to be rejected. Sebastian concurred in this opinion, but desired Innes to see Colonel Nicholas, and have a written answer prepared for Power, declaring that whatever they concurred in would be approved by him. Innes saw Nich- olas, who wrote a refusal couched in calm but decisive language, which was signed by them both, and delivered to Power, through the medium of judge Sebastian. No disclosure was made by either of the parties of this proposal from the Spanish govern- ment. Power, in the' mean time, visited Wilkinson, who still held a command in the regular army, and then was stationed in garrison at Detroit. Power's ostensible object in visiting Wilkin- son was to deliver to him a letter of remonstrance from Governor Carondelet, against the United States taking immediate posses- sion of the posts on the Mississippi. His real object was, no doubt, to sound him upon the Spanish proposition. Power after-


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wards reported to Carondelet, that Wilkinson received him cold- ly, informed him that the governor of the north-west had orders from the President to arrest him, and send him on to Philadel- phia, and that there was no way for him to escape, but to permit himself to be conducted, under guard, to fort Massac, whence he could find his way to New Madrid. He states that in their first conference Wilkinson observed, bitterly, " We are both lost, with- out deriving any benefit from your journey." He pronounced the Spanish proposal a chimerical project, that the west having ob- tained, by the late treaty, all that they desired, had no motive to form any connection with Spain. That the best thing Spain could do, would be honestly to comply with the treaty; that his personal honor forbade him to listen to the project; that the late treaty had overturned all his plans, and rendered his labors for ten years useless; that he had destroyed his ciphers, and complained that his secret had been divulged; that he might be named gover- nor of Natchez, and he might then, perhaps, have power to realize his political projects.


In this report to Carondelet, Power represents Sebastian as speaking to him in a more encouraging tone of the prospect of a union of Kentucky with Spain. Sebastian expressed the opin- ion that, in case of a war with Spain, Kentucky might be induced to take part against the Atlantic States. In conclusion, Power gives his own opinion, that nothing short of a war with France or the denial of the navigation of the Mississippi could induce Ken- tucky to separate herself from the eastern States. After visiting Wilkinson, instead of returning to Louisville, as he had at first intended, he was sent, by Wilkinson, under escort of Captain Shaumbergh, of the United States' army, to fort Massac, and thence returned to New Madrid. At Massac he received from Sebastian the letter of Nicholas and Innes. Nothing certainly was known of the particulars of this transaction, until 1806, when it became public that Sebastian had received a pension of two thousand dollars from Spain, from about 1795 to 1806.


After the English and Spanish treaties had been ratified, Washington retired from office, and John Adams, greatly to the dissatisfaction of Kentucky, was elected President of the United States. The eyes of the people became henceforth directed to the general government, and they participated fiercely in the old party struggle of federalist and republican, or democrat. If the administration of Washington was unpopular, that of Adams was absolutely odious, in Kentucky. In no part of the Union were his measures denounced with more bitterness, nor his downfall awaited with more impatience.


The only domestic question which excited much interest, was the propriety of calling a convention to revise the old constitu- tion. The people were becoming weary of seeing the governor and senate removed so far from their control, and equally weary of the sheriff's, which popular suffrage had given them. Accord- ing to the provisions of the constitution, a poll was opened in


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May, 1797, and the votes of the citizens taken for or against a convention. There were 5446 votes given for a convention, out of 9814 votes regularly returned. But five counties did not return the whole number of their votes, and the result was doubtful.


A second vote was given in May, 1798, and there were returned 8804 for a convention, out of 11,853 votes returned. But no less than ten counties failed to return the whole number of their. votes, and eight counties did not vote at all on the subject. It is certain that there was not a majority for a convention upon the first vote, and probably not upon the second. By the constitu- tion, a majority of all the legal votes was required two years in succession, or else a majority of two-thirds of the legislature. So far as the vote of the people was concerned the convention had failed, but the legislature, believing such to be the will of their constituents, called a convention, by a constitutional major- ity, in the session of 1798-9.


This session was rendered memorable, also, by the passage of certain resolutions declaratory of the powers of the general gov- ernment, and the rights and privileges of the States. At the opening of the session, Governor Garrard, who had succeeded Shelby, in his address to the legislature, denounced severely the acts recently passed by congress, commonly known as the alien and sedition laws. Early in the session a series of resolutions, which were originally drawn up by Mr. Jefferson, were presented to the house by John Breckinridge, the representative from Fayette, and almost unanimously adopted. The only member who spoke against them, and steadily voted, generally alone, against the whole series, was that William Murray, to whom, in conjunction with others, the letter of Carondelet was directed, and with whom Sebastian refused to hold any communication on the sub- ject. These resolutions, taken in connection with those passed at the succeeding session, in substance declare, " That the con- stitution of the United States is a compact between the several States, as States, each sovereign State being an integral party to that compact. That as in other compacts between equal sove reigns, who have no common judge, each party has the right to interpret the compact for itself, and is bound by no interpretation but its own. That the general government has no final right in any of its branches, to interpret the extent of its own powers. That these powers are limited, within certain prescribed bounds, and that all acts of the general government, not warranted bý its powers, may properly be nullified by a State, within its own boundaries." These resolutions are remarkable, as clearly ex- pressing the political views of Mr. Jefferson, at the time, and as containing, not merely the germ, but the fully developed doctrine of nullification, which has since become so celebrated, and which has since been so heartily and strongly denounced, not only by Kentucky, but almost every other State in the Union.


A copy of the resolutions was sent to each State in the Union,



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and were assented to by none, save Virginia. Some of her sister sovereigns handled the Kentucky doctrine with great roughness 'and exposed its falsehood with merciless severity. The resolu- tions were approved by Governor Garrard, and thus fastened upon Kentucky the mark of nullification, until the session of 1832, when the true doctrine was strongly proclaimed.


In the spring of 1799 the members of the convention were elected, and in July that body assembled, and adopted the pre- sent constitution. In June, 1800, the new constitution went into operation. James Garrard was re-elected governor, and Alexander Bullitt lieutenant-governor. Never was a govern- ment changed with so little sensation. But the indifference of Kentucky to a change of government did not extend to national affairs. The defeat of Adams and the election of Jefferson, the downfall of the federalists, and the exaltation of the republican or democratic party, produced a whirlwind under which the Union rocked to its foundation. Kentucky, with great unanimity, sup- ported Jefferson, and no State exulted more in his election.


In the winter session of 1801, the legislature of Kentucky repealed the act establishing district courts, and established the circuit courts as they now exist. At the same session an insu- rance company was chartered in Lexington, to which banking powers were given, by a clause, which was not thoroughly under- stood by the members who voted for it, and thus was the first bank chartered in Kentucky. The political party which then controlled Kentucky held banks in horror, and never would have passed the bill, had they understood its provisions.


CHAPTER IV.


IN the year 1802, Kentucky, in common with the whole west- ern country, was thrown into a ferment, by the suspension of the American right of deposit at New Orleans, which had been guarantied by the Spanish treaty for three years, with the further provision, that at the end of three years, should the right of de- posit at New Orleans be withheld, some other place should be afforded, for the same purpose, near the mouth of that river. This right was now refused by Morales, the Spanish intendant, and no equivalent place of deposit was granted. The treaty was evidently violated, and the commerce of the west struck at in its most vital point. The excitement increased, when it was under- stood that Louisiana had been ceded to France, and that this important point was held by Napoleon, then first consul of the republic.


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A motion was made in the senate of the United States to authorize President Jefferson instantly to take and hold possession of New Orleans; but milder counsels prevailed, and Mr. Monroe was dispatched to France, in order to arrange this difficulty with the first consul. He found Napoleon on the eve of a rupture with Great Britain, and fully impressed with the utter impossi- bility of retaining so distant and so assailable a colony as Lou- isiana, while Great Britain ruled the seas. He determined to place it beyond the reach of the English navy, by selling it to the Americans, before the English could equip an expedition against it, which he plainly saw would be one of the first measures adopted, after the rupture of the peace of Amiens. The Ameri- can minister expected to negotiate for a place of deposit at the mouth of the river, and was informed that for the trifling sum of fifteen millions he could purchase a magnificent empire.


No time was lost in closing this extraordinary sale, as Bona- parte evidently apprehended that Louisiana would be taken by the British fleet, within six months after hostilities commenced. And thus the first great annexation of territory to the United States was accomplished. The Floridas, Oregon, Texas, have followed, and the end is not yet.


In 1804, Christopher Greenup was elected governor of Ken- tucky, and Mr. Jefferson was re-elected President of the United States, without any organized opposition. So popular and bril- liant had been his administration.


Aaron Burr, who had been elected Vice President in 1801, had lost the confidence of his party, and was at variance with the President. In 1805, this extraordinary man first made his ap- pearance in Kentucky, and visited Lexington and Louisville. He then passed on to Nashville, St. Louis, Natchez, and New Orleans, and again returned to Lexington, where he remained for some time. General Wilkinson, at this time, commanded the United States' troops in Louisiana, and the affairs of the United States with Spain were in an unsatisfactory state. That miserable power resented the purchase of Louisiana, by the United States, and assumed a sulkiness of demeanor somewhat resembling that of Mexico in more modern times. In the spring of 1806, their forces advanced to the Sabine, in somewhat hostile array, and General Wilkinson had orders to be upon the alert, and repel them if they should cross that barrier. Such was the aspect of affairs, when in 1806, colonel Burr again appeared in the west, spending a large portion of his time at Blannerhasset's Island, on the Ohio river, but being seen in Lexington, Nashville and Louisville.


This extraordinary man having quarreled with the President, and lost caste with the republican party, endeavored to retrieve his political fortunes by becoming a candidate for the office of governor, in New York, in opposition to the regular democratic candidate. He was supported by the mass of the federalists and a small section of the democrats who still adhered to him.


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He lost his election chiefly by the influence of Hamilton, who . scrupled not to represent him as unworthy of political trust, and deprived him of the cordial support of the federalists. Deeply stung by his defeat, Burr turned fiercely upon his illustrious an- tagonist, and killed him in a duel. Hamilton was idolized by the federalists, and even his political adversaries were not insen- sible to his many lofty and noble qualities. Burr found himself abandoned by the mass of the democrats, regarded with abhor- rence by the federalists, and banished from all the legitimate and honorable walks of ambition. In this desperate state of his po. litical fortunes, he sought the west, and became deeply involved in schemes as desperate and daring as any which the annals of ill regulated ambition can furnish.


The ground work of his plan, undoubtedly, was to organize a military force upon the western waters, descend the Mississippi, and wrest from Spain an indefinite portion of her territory ad- joining the Gulf of Mexico. The southwestern portion of the United States, embracing New Orleans and the adjacent territory, was, either by force or persuasion, to become a part of the new empire, of which New Orleans was to become the capital, and Burr the chief, under some one of the many names, which, in modern times, disguise despotic power under a republican guise. These were the essential and indispensable features of the plan. But if circumstances were favorable, the project was to extend much farther, and the whole country west of the Alleghenies was to be wrested from the American Union, and to become a portion of this new and magnificent empire.


Mad and chimerical as this project undoubtedly was, when the orderly and law-respecting character of the American people is considered, yet the age in which it was conceived had witnessed wonders, which had far outstripped the sober calculations of phi- losophy and surpassed the limits of probable fiction. When the historian, Gibbon, was closing his great work upon the decline and fall of the Roman empire, he expressed the opinion that the age of great and startling revolutions had passed away, never to return; that mankind had become sobered down by centuries of experience, to a tame and moderate level, which would not admit of those brilliant materials for history which the past had af- forded. Scarcely had this opinion been recorded, when the great drama opened in France, and for twenty-five years, the world stood aghast at the series of magnificent and wonderful pageants, which moved before them in the wild confusion of a feverish dream. Kings became beggars, and peasants became kings. Ancient kingdoms disappeared, and new and brilliant republics sprung up in their places. , Names, boundaries, ranks, titles, reli- gions, all were tossed about like withered leaves before the wind. A lieutenant in a French regiment had mounted to the throne of western Europe, and drummers, corporals and privates, had be- come dukes, princes, and kings.


It was not wonderful, then, that a man like Burr, ostracised in


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the east, and desperate in his fortunes, abounding in talent, energy, and courage, should have determined in the new world, like the Corsican in the old, to stand the hazard of the die, for empire or a grave. The unsettled relations then existing with Spain af- forded a specious cloak to his enterprise, and enabled him to give it a character suitable to the temper of the persons whom he addressed. To the daring youth of the west, desirous of military adventure, he could represent it as an irregular expedi- tion to be undertaken upon private account, against the posses- sions of a nation with whom the United States would shortly be at war. It was upon land what privateering was upon the ocean. He could hint to them that the United States' government would connive at the expedition, but could not openly countenance it until hostilities actually commenced. There is little doubt that many concurred in the enterprise, without being aware of its treasonable character, while it is certain that to others the scheme was expo- sed in its full deformity.


In the prosecution of his object, he applied himself with sin- gular address to any one who could be useful to him in forwarding the great scheme. Blannerhasset's Island lay directly in his path, and he fixed his keen eye upon the proprietor as one who could be useful to him. This unfortunate man was an Irish gentleman, reputed to be of great wealth, married to a beautiful and accom- plished woman, secluded and studious in his habits, devoted to natural science, and as unfitted for the turbulent struggle of ac- tive ambitious life, as Burr was for those simple and quiet pur- suits, in which his victim found enjoyment and happiness. Blan- nerhasset's wealth, though, could be employed to advantage. Burr opened the correspondence by a flattering request to be permitted to examine Blannerhasset's grounds and garden, which had been improved at great expense. Once admitted, he em- ployed all the address and eloquence of which he was master, in turning the whole current of Blannerhasset's thoughts, from the calm sedentary pursuits in which he had hitherto delighted, to those splendid visions of empire, greatness and wealth, with which his own ardent imagination was then so fiercely glowing. No better evidence of Burr's power need be desired, than the absolute command which he obtained over the will and fortune of this man. He moulded him to his purpose, inspired him with a frantic enthusiasm in his cause, and obtained complete com- mand of all that Blannerhasset had to offer.


The scheme of separation from the Atlantic States had been too much agitated in Kentucky, not to have left some materials for Burr to work upon, and that he neglected no opportunity of rallying the fragments of the old party; may be readily believed. There is no doubt that General Adair concurred in his scheme, so far as an expedition against the Spanish provinces was con- cerned; and it is certain that Burr himself calculated upon the co-operation of Wilkinson, and held frequent intercourse with him. During the summer of 1806, the public mind in Kentucky.


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became agitated by rumors of secret expeditions and conspira cies, in which Burr and others were implicated, but all was wrapped in mystery and doubt.




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