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 7
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In the mean time, the democratic societies resorted to every method of inflating 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 coneen- trated at Cincinnati, and a requisition was made on Governor Shelby for one thousand mounted ritlemen. 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 tiring 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 ted 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 over and terminer, and the district courts established in their places. All the judges expired 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 he omitted.
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 treats 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 Innis, 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 bear 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 Innis, Nicholas and Murray. Sebastian positively refused to hold any intercourse with Murray, but instantly show- ed the letter to Judge Innis. 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 cast 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 Innis for his opinion. The testimony of Innis himself 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 Innis to see Colonel Nicholas, and have a written answer prepared for Power, declaring that whatever they concurred in would be approved by him. Innis 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 le ! a conunand 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 Chronde let, against the United States taking immediate posses- sion of the posts on the Mississippi. Ilis 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 Innis. Nothing certainly was known of the particulars of this transaction, until 1506, 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 Breckenridge, 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, os 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 bound-, and that all acts of the general government, not warranted by ita 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 notification, which has since become so celebrated, and which has anee 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 truc 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 hi- politieat 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.
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