USA > Kentucky > Historical sketches of Kentucky : embracing its history, antiquities, and natural curiosities, geographical, statistical, and geological descriptions with anecdotes of pioneer life, and more than one hundred biographical sketches of distinguished pioneers, soldiers, statesmen, jurists, lawyers, divines, etc. > Part 5
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The flotilla, laden with provisions and munitions of war, en- countered obstacles in the navigation of the Wabash, which had not been foreseen, and was delayed beyond the time which had been calculated. The detachment moving by land reached the point of rendezvous first, and awaited for fifteen days the arrival of the keel boats, This long interval of inaction gave time for the unhealthy humors of the volunteers to ferment, and proved fatal to the success of the expedition. The habits of General Clark had also become intemperate, and he no longer possessed the undivided confidence of his men. A detachment of three hundred volunteers broke off from the main body, and took up the line of march for their homes. Clark remonstrated, en- treated, even shed tears of grief and mortification, but all in vain. The result was a total disorganization of the force, and a return to Kentucky, to the bitter mortification of the commander-in- chief, whose brilliant reputation for the time suffered a total eclipse.
This expedition led to other ill consequences. The convention which should have assembled in September, was unable to mus- ter a quorum, the majority of its members having marched under Clark upon the ill-fated expedition. A number of the delegates assembled at Danville at the appointed time, and adjourned from day to day until January, when a quorum at length was present, and an organization effected. In the meantime, how- ever, the minority of the convention who had adjourned from day to day, had prepared a memorial to the legislature of Vir- ginia, informing them of the circumstances which had prevented the meeting of the convention, and suggesting an alteration of some of the clauses of the act, which gave dissatisfaction to their constituents, and recommending an extension of the time within which the consent of Congress was required. This produced a total revision of the act by the Virginia legislature, whereby an -. other convention was required to be elected in August of 17-7, to meet at Danville, in September of the same year, and again take into consideration the great question, already decided by four successive conventions, and requiring a majority of two- third- to decide in favor of separation, before the same should be offretodt. The time when the laws of Virginia were to cease, was fixed on the Ist day of January, 1759, instead of September, 17-7, as was ordered in the first act; and the 4th of July, 1795, was fixed upon as the period, before which Congress should 3
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express its consent to the admission of Kentucky into the Union.
This new act became known in Kentucky shortly after the fourth convention, after a delay of three months, had at length rallied a quorum, and had with great unanimity decided upon se- paration. They then found themselves deprived of all authority, their recent act nullified, their whole work to begin anew, and the time of separation adjourned for two years, and clogged with new conditions. An ebullition of impatience and anger was the unavoidable result. They seemed, by some fatality; to be invol- ved in a series of conventions, interminable as a Cretan labyrinth, tantalizing them with the prospect of fruit, which invariably turned to ashes, when attempted to be grasped.
While such was the temper of the public mind, the navigation of the Mississippi was thrown into the scale. Shortly after the convention adjourned, a number of gentlemen in Pittsburgh, styling themselves a "committee of correspondence," made a written communication to the people of Kentucky, informing them, " that John Jay, the American secretary for foreign affairs, had made a proposition to Don Gardoqui, the Spanish minister, near the United States, to cede the navigation of the Mississippi to Spain for twenty years, in consideration of commercial advan- tages to be enjoyed by the eastern States alone."
On the 20th of March, a circular letter was addressed to the people of Kentucky, signed by George Muter, Harry Innis. John Brown, and Benjamin Sebastian, recommending the election of five delegates from each county to meet at Danville in May, and take into consideration the late action of Congress upon the sub- ject of the Mississippi. The letter contemplated the formation of committees of correspondence throughout the west, and a " decent, but spirited," remonstrance to Congress against the cession, which they evidently supposed in great danger of being consummated. There is nothing objectionable in either the language or object of this circular, and, considering the impression then prevailing in the west as to the intentions of Congress, it may be regarded as temperate and manly in its character. The most ignorant hunter in the west could not be blind to the vital importance of the interest which, (as they supposed,) was about to be bartered away for advantages to be reaped by their eastern brethren alone; and although the ferment was violent for a time, yet regular and constitutional remedies were only proposed by the circular or adopted by the citizens.
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 alwie alluded to, restricting him upon the subject of the Missis- sirga. 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 vo 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 themselves, 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 legi-lature, 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. 1 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 erect her- self into an independent government ; but these udvantages, he says, cun wie rer 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 Innis, 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- fixed to protect them, and under the present system she could not caurt her strength. He adds, " I have just dropped this hint to your ex- celleney 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 unconti- tutionnl 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 projeet. 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 contemptitle, 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- ute 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- remble 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 zea! 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- creded 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, Innis, 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 ou 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 quarded by luirs, 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 Wilkison 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
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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.
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