USA > Kentucky > Boyle County > Danville > The Political Club, Danville, Kentucky, 1786-1790. Being an account of an early Kentucky society from the original papers recently found > Part 8
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At this ineeting it was Resolved, that it be a standing rule of the club that when any gentleman shall be elected a member thereof he shall attend within two club nights after his election, or on failure thereof forfeit his seat, unless the club be of the opinion that there was good cause for such absence.
Resolved, that a committee of three members be appointed to revise the constitution of this club and make report. Ordered that Mr. Innes, Mr. Greenup, and Mr. Allin be appointed a committee for the above purpose.
Whereas, George Mute:, James Overton, Peyton Short, and William McDowell, Esqs., were heretofore invited to become mem- bers of this club, and having declined to attend, Resolved, there- fore, that they be not admitted as members unless they be admitted in the manner prescribed by the constitution .* Resolved, that the balloting for Mr. James Speed be postponed until the next meeting of the club. Ordered that the report of the committee appointed
*They were all subsequently admitted to membership in the regular way.
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to examine the Treasurer's accounts be postponed until the next club night.
Ordered that the club be adjourned.
SATURDAY, FEBRUARY 10, 1787.
Resolved, that Mr. Craddock be appointed President for this evening. Resolved, that the subject for this evening's discus- sion, to wit, "What period of election is most agreeable to a spirit of free government?" be postponed until the next meeting of the club.
No reason is assigned for the postponement, but as the minutes show the presence of only six members it may be inferred that the night was inclement.
At this meeting Mr. Tardeveau sent in his resigna- tion, and the following resolution was passed :
"Resolved, that the secession of Mr. Tardeveau as a member of this club be received, and that his letter to the President and Mr. Innes on this subject, which have been read, be filed with the Sec- retary."
Resolved, that the balloting for Mr. James Speed be postponed until the next club night.
Mr. Kennedy having represented to the club that his non- attendance since his election hath been on account of an indisposi- tion, which still continues,
Resolved, that the reasons assigned by Mr. Kennedy for not having attended the club since his election are satisfactory.
Ordered that the report of the committee for examining the Treasurer's accounts be postponed until the next meeting.
Ordered that the club be adjourned.
,
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SATURDAY, FEBRUARY 17, 1787.
Resolved, that Mr. Thomas Allin be appointed President for this evening. Resolved, that the reasons given for the absence of Mr. Brown, Mr. Belli, and Mr. Greenup are satisfactory, and that the fines by such absence incurred be remitted.
The question for this evening's discussion, to wit, " What period of election is most agreeable to the spirit of a free government?" was read, and, after being debated, Resolved, that it is the opinion of this club that biennial elections are most agreeable to the spirit of a free government.
Resolved, that following be the question for the discussion of Saturday evening next : "Is the exclusive right of the Indian tribes to the extent of territory claimed by them founded on the laws of nature and of nations, and can they consistent with said laws be divested of such right without their consent?" Mr. Innes and Mr. Brown to introduce the same.
Resolved, that the Treasurer's accounts do pass.
George Muter, Esq., was nominated by Mr. Belli to be admitted as a member of this club.
Ordered that the committee appointed to revise the constitu- tion do make report next Saturday.
The following most important and significant reso- lution was adopted at this meeting:
" Resolved, that a committee be appointed to prepare a Bill of Rights and Constitution or form of government which they shall think agreeable to and convenient with the local situation of this District, and make report, and that Mr. Innes, Mr. Brown, Mr. Greenup, Mr. Belli, Mr. Craddock, and Mr. Todd be a committee for the same."
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The minutes of the club being incomplete, no report of this committee appears. Its appointment, however, to perform this duty is an impressive testimonial to the earnestness of these men in the arduous work they voluntarily took upon themselves, and as the club was largely represented in the first constitutional conven- tion of the State in 1792, it is fairly presumable that the work of this committee was carried into that con- vention and into the first constitution.
SATURDAY, FEBRUARY 24, 1787.
Resolved, that Mr. Todd be appointed President for this evening. Ordered that the subject appointed for this evening's debate be postponed until the next meeting of the club.
The committee appointed to examine the ballot for the admis- sion of Mr. James Speed report that they find he is unanimously elected a member.
Ordered that a committee be appointed to revise the constitution, and that Mr. Innes, Mr. Greenup, Mr. Allin, Mr. Belli, and Mr. Brown be a committee for the same.
Ordered that each member pay into the hands of the Treasurer the sum of six shillings.
Ordered that the club be adjourned.
SATURDAY, MARCH 3, 1787.
Present, Mr. Brown, Mr. Greenup, Mr. Belli, Mr. Craddock, Mr. Allin, Mr. Todd, Mr. Thomas Speed, Mr. Kennedy, and Mr. James Speed. Resolved, that Mr. Craddock be appointed President for this evening. Resolved. that the reasons given by Mr. Innes for his
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absence on Saturday evening last are sufficient, and that he be admitted to his seat without a fine. Resolved, that the reasons given for Mr. Kennedy's absence since his election as a member of this club are satisfactory, and that he be admitted to his seat upon his signing the constitution. Whereupon the constitution was read, and Mr. Kennedy and Mr. Speed, who was also elected a member, signed the constitution and took their seats.
The question for this evening's debate, to wit, "Is the exclusive right of the Indian tribes to the extent of territory claimed by them founded in the laws of nature and nations, and can they consistently with said laws be divested of such right without their consent?" The discussion was opened by Messrs. Innes and Brown. After debate it was "Resolved, that the Indian tribes have an exclusive right to the territory claimed by them by virtue of the law of nature and nations; also, Resolved, that the Indian tribes can not, con- sistent with the laws of nature and nations, be deprived without their own consent of the exclusive right to the territory claimed by them."
The minutes disclose nothing bearing on this dis- cussion. The decision certainly shows extraordinary moderation, calmness, and impartiality. It shows that these men had laid aside all revengeful feelings and approached the subject with a spirit of the utmost fairness. Their companion, Walker Daniel, who laid out the town where their meetings were held, had been killed by the Indians. Every member of the club was familiar with Indian atrocities and knew how the red men had murdered men, women, and children through- out the settlements, yet they so divested themselves of
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resentment as to deliberately resolve that the Indian had rights the white man was bound to respect .*
Mr. Innes, from the committee appointed to revise the consti- tution, reported that they had come to a resolution thereon, which was read and agreed to, as follows :
Resolved, that no member shall be admitted without the consent of two thirds of all the members of the club, and this consent to be taken by ballot given in person or by proxy; nor shall such election be made until one club night hath elapsed between the time the intended member's name shall be proposed and the day of election.
The committee appointed to examine the ballots taken for the election of George Muter reported that he was unanimously elected a member.
Messrs. Willis Green and John Reed, junior, were again nomi- nated in order to become members of this club.
Resolved, that the following be the subject of discussion for the next meeting of the club: "Has a member of any government
* Among the misapprehensions regarding the Indians is that they owned the country. They were not sufficiently numerous to own in any real sense of the word so extensive a territory as this country is. According to the best authorities the total number of Indians never exceeded three hundred thousand. According to Bancroft, at the time the Europeans came to America there were not more than one hundred and eighty thousand Indians all told east of the Mississippi River. Professor Seelye, in his introduction to Helen Hunt Jackson's "Century of Dishonor," says: "The present number of Indians in the United States does not exceed three hundred thousand, but it is possibly as large now as when the Europeans began the settlement of the North American Continent."
The small State of Vermont has a population of over three hundred and fifty thousand. This fact shows how little real ownership that number of people could have of the entire United States. To parcel out the whole
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a right to expatriate himself without leave?" and that Mr. Greenup and Mr. Belli do introduce the same.
Ordered that the club be adjourned.
SATURDAY, MARCH 10, 1787.
Resolved, that Mr. Kennedy be appointed President for this evening.
Mr. Muter, who had been elected a member of this club, ap- peared in order to take his seat, whereupon the constitution being read Mr. Muter signed the same and took his seat.
Resolved, that the subject for this evening's debate be post- poned until the next meeting of the club.
Ordered that the club be adjourned.
SATURDAY, MARCH 17, 1787.
Resolved, that Mr. Speed, senior, be appointed President for this evening.
The question appointed for this evening's debate, to wit, "Has a member of any government a right to expatriate himself without
country to three hundred thousand people gives ten square miles of land to each one. The State of Kentucky was not occupied at all by Indians. Ban- croft says : "The Five Nations could not have varied much from ten thousand, and their warriors strolled as conquerors from Hudson Bay to Carolina, from the Kennebec to the Tennessee." While not allowed to own a continent to the exclusion of the white race, they have been treated as though they had some ownership. Immense tracts of land have been accorded to them, and the government has given them provisions, money, and clothing con- tinuously. When the slaves were emancipated, four million human beings were left to care for themselves as best they could, without land or property of any kind whatever. The Indians have been treated generously, and instead of dying out, as many sentimental writers have deplored, there are as many now as ever, if not more.
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leave?" was read, and, after being debated, Resolved, that any mnem- ber of any government has a natural and inalienable right to expatriate himself without leave.
Mr. Belli and Mr. Greenup opened the debate.
The practical importance of this question is not as apparent now as it was a century or even less than a century ago. The War of 1812 grew out of the asser- tion on the part of Great Britain of the right to her subjects everywhere, even upon American ships. It is only necessary to open Blackstone's Commentaries, published twenty years before the organization of The Political Club, and from that day to this a synonym of the law itself, to see why, in 1787, there should be a solemn debate upon the question of the right of expatriation. Blackstone taught that allegiance to one's native country could not be thrown off by any thing the subject could do; that every natural born British sub- ject remained a British subject at all times and places, unless Parliament by an act released him from his allegiance .* Such absurd teaching naturally led to the
* Blackstone says: "Natural allegiance is such as is due from all men born within the King's dominion. For immediately upon their birth they are under the King's protection; at a time, too, when (during their infancy) they are incapable of protecting themselves. Natural allegiance is there- fore a debt of gratitude which can not be forfeited, canceled, or altered by any change of time, place, or circumstance, nor by any thing but the united concurrence of the legislature. An Englishman who removes to France or
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assertion of the right of searching vessels and seizure of real or supposed British subjects even on American ships in American waters. But the better doctrine asserted in the backwoods of Kentucky began to pre- vail after the War of IS12.
Resolved, that Mr. Willis Green be admitted a member of this club, he having a unanimous vote.
The committee appointed to examine the ballots taken for the admission of Mr. John Reed, junior, report that they find in favor of his election - votes, and against it -. Resolved, that he be not admitted a member of this club .*.
Messrs. Humphrey Marshall and Joshua Barbee were nomi- nated to become members of this club.
Resolved, that the following be the subject for discussion for next Saturday evening, to wit, "In a free government ought there to be any other qualification required to entitle a member thereof to a right of suffrage than that of freedom?" and that Mr. Crad- dock and Mr. Johnston do introduce the same.
Ordered that the club be adjourned.
to China owes the same allegiance to the King of England there as at home, and twenty years hence as well as now, for it is a principle of uni- versal law that the natural-born subject of one prince can not by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former, for this allegiance was intrinsic and primitive, and antecedent to the other, and can not be divested without the concurrent act of that prince to whom it was first due. . . . It is ยท unreasonable that by voluntary act of his own he should be able at pleasure to unloose those bonds by which he is connected to his natural prince."
* The numbers of ballots are not given.
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SATURDAY, MARCH 24, 1787.
Resolved, that Mr. Muter be appointed President for this evening.
The subject appointed for this evening's debate, to wit, "In a free government ought there to be auy other qualification required to entitle a right of suffrage than that of freedom?" after being read and debated was determined as followeth :. Resolved, as the opinion of the club, that some other qualification ought to be required.
It does not appear whether property and education were both deemed essential or whether one would be sufficient. At that time in all the States something more was required than mere freedom, excepting that in Pennsylvania and Rhode Island the eldest sons of freeholders could vote without being tax-payers. In New Hampshire, New York, Delaware, Virginia, the Caro- linas, Georgia there was a property qualification ranging from two hundred and fifty to thirty-three dollars.
The discussion of the subject in the club shows that the members were not content to accept without ques- tion the principle of universal suffrage, which, in the progress of our civilization, has been largely adopted.
Ordered that each member present do pay into the hands of the Treasurer the sum of six shillings.
Resolved, that the following be the subject for discussion for Saturday evening next, to wit, "Ought capital punishment to be inflicted for any other crime than that of murder or treason?" and that Mr. Allin and Mr. Ormsby do introduce the same.
Ordered that the club be adjourned.
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SATURDAY, MARCH 31, 1787.
Resolved, that Mr. Innes be appointed President for this evening.
Resolved, that Mr. Greenup have leave of absence until the first Saturday in June, 1787.
Resolved, as the opinion of this club, that capital punishment ought not to be inflicted for any other crimes than that of murder or treason.
The committee appointed to examine the ballots for the admis- sion of Mr. Humphrey Marshall reported that they found in favor of his election eight members, and against it five.
Resolved, that he be not admitted a member of this club.
Resolved, that Mr. Joshua Barbee be admitted a member of this club.
Ordered that the Secretary and Treasurer be appointed a com- mittee for the purpose of securing a room for the use of the club on Saturday evening next.
Resolved, that the following be the subject of discussion for Saturday evening next, to wit, "Ought the inhabitants of the Dis- trict of Kentucky to submit to the impressment of their arms and accouterments?" and that Mr. Todd and Mr. Speed, junior, do intro- duce the same.
Ordered that the club be adjourned.
The question of capital punishment discussed at this meeting was a very interesting one. It is only necessary to refer to Blackstone's Commentaries to see how far the Kentucky pioneers were advanced beyond English senti- ment of the same date. Blackstone had published his Commentaries on English Law twenty years prior to this
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discussion, and copies of his work were in the possession of members of the club. He says:
"It is a melancholy truth that among thie variety of actions which men are daily liable to commit, no less than one hundred and sixty have been declared by act of Parliament to be felonies without benefit of clergy, or in other words to be worthy of instant death."
He justly calls this a "dreadful list." Yet as late as 1819 this dreadful list instead of decreasing in England was enlarged, there being then two hundred felonies on the statute-book punishable with death .* It is in the reign of Victoria that this barbarism has passed away.
At the time the question was discussed in the club many offenses were punished with death in our Amer- ican States. By the Massachusetts law there were ten; in New York more; and in Virginia twenty-seven, in- cluding counterfeiting and forgeries and certain thefts which were so punishable.+
It is certainly worthy of note that the members of The Political Club, in a new community, came fully up to the advanced and liberal views which now prevail both in England and our own country.
*"There are no less than two hundred felonies on the statute-book pun- ishable with death." (Speech of Sir James McIntosh in Parliament, March 2, ' 1819. Quoted in Allison's History of Europe, Second Volume I, page 126.) t See Sneed's History Kentucky Penitentiary, page 16, where the list is collated:
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SATURDAY, APRIL 7, 1787.
Resolved, that Mr. Brown be appointed President for this evening.
Mr. Joshua Barbee, who had been elected a member of this club, signed the constitution and took his seat accordingly.
The question appointed for this evening's debate, to wit, "Whether the inhabitants of the District of Kentucky ought to submit to the impressment of their arms and accouterments?" after being read and debated was determined in the negative.
Ordered that Mr. Speed and Mr. Craddock and Mr. Todd be appointed a committee to inspect the Treasurer's accounts and make report.
On a small piece of paper are found the memoranda or heads of the argument of one of the members on the subject of the impressment of arms:
"What is the end of impressment?" "The design of impress- ment in general is to supply our requisites toward carrying on public defense." "Then whatever is necessary toward carrying on public defense ought to be supplied by every person." "Because their private and personal safety depends in a great measure on the success of their public defense." "The situation of the District of Kentucky has been such that every man could not have been obliged to keep a gun." "Why not submit to impressment of guns as provisions? Are not horses private property?" "Public good depends on private right; so it does, but what does private right depend on?"
It is a natural inquiry, of what practical importance was the discussion of this question? The answer is, the
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existing Virginia laws made provision for the impress- ment of arms. It was provided by statute that, in order to equip and arm the militia when called into duty, such militia shall be furnished, if necessary, by impressing the arms and ammunition of the citizens, and any one not delivering them up when required should be im- prisoned.
SATURDAY, APRIL 21, 1787.
Resolved, that Mr. Johnston be appointed President for this evening.
The question appointed for this evening's debate, to wit, "Whether the culture of tobacco in the District of Kentucky will be beneficial to the citizens of the District?" Resolved, that it is the opinion of this club that the culture of tobacco will not be beneficial to the citizens of the District of Kentucky.
Resolved, that the following be the subject for discussion for Saturday evening next, to wit. "If an Act of Assembly should be contrary to the Constitution, which ought to govern a judge in his decision?" and that Mr. Innes and Mr. Brown do introduce the same.
Ordered that the club be adjourned.
The decision' of the question concerning the culture of tobacco was that it was not beneficial. The members had a knowledge of its effects in Virginia, and they must have been familiar with Jefferson's Notes on Vir- ginia, a volume published in 1781. Speaking of tobacco Mr. Jefferson said :
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"It is a culture productive of infinite wretchedness. Those employed in it are in a continual state of exertion beyond the power of nature to support. Little food of any kind is raised by them, so that the men and animals on these farms are badly fed, and the earth is rapidly impoverished."
He strongly advocated the culture of wheat instead of tobacco.
SATURDAY, APRIL 28, 1787.
Resolved, that Mr. Thomas Allin be appointed President for this evening.
Mr. Speed and Mr. Innes were excused from paying their fines for their absence at the last meeting.
Resolved, that the subject appointed for this evening's debate be postponed for the discussion of Saturday evening next.
Resolved, that Mr. Belli be granted leave of absence until December next.
Ordered that the club be adjourned.
SATURDAY, MAY 5, 1787.
Resolved, that Mr. Todd be appointed President for this evening.
The question appointed for this evening's debate, to wit, "If an Act of Assembly should be contrary to the Constitution, which ought to govern a judge in his decision?" after being read and debated was determined as follows: Resolved, as the opinion of this club, that when an Act of Assembly is contrary to the Constitution. the judge ought to govern his decision by the Constitution.
Resolved, that the club in future be adjourned to the court- house, and that the hour of meeting be at half after three o'clock in the afternoon.
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Resolved, that the following be the question for discussion for the next meeting of the club, "Would it be consistent with the policy of this District to encourage intermarriages with the inhab- itants thereof and the neighboring Indian tribes?" and that Mr. Johnston and Mr. Allin do introduce the same.
Ordered that the club be adjourned.
The debate on the question whether the courts liave the power to adjudge an act of the legislature uncon- stitntional has been mentioned as being noticed in the diary of the United States Paymaster, Major Beatty.
In the present period of the history of our country, when courts of all sorts, even justices of the peace, pass upon the constitutionality of an act, any discussion of the proposition seems idle, but it was not so when the members of The Political Club were engaged in solving questions and mapping out new and original lines of civil government. In that day the powers of courts and legislatures were considered largely in the light of English precedents, and in England the Parliament was, as it is to this day, supreme.
Blackstone says: "An act of Parliament is the highest authority that the Kingdom acknowledges upon earth."
It was a new proposition that government should be and ought to be so framed that there should be a limit to the powers of the representatives of the people, and that there should be a tribunal to annul their acts.
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Chancellor Kent says: "This great question may be regarded as now settled, and I consider it to be one of the most interesting points in favor of constitutional liberty and of the security of property in this country that has ever been judicially determined." He also says . the progress of this doctrine and the manner in which it has been discussed are worthy of notice. The first case he cities is one in North Carolina, I Martin's Reports, 48, of date 1787. The next is Rayburn's case in New York, 1791. The next is in South Carolina, I Bay's Reports, 252, 1792; the next in Pennsylvania, 2 Dallas, 304, 1795; it was also discussed in the Feder- alist by Alexander Hamilton. (No. 78.)
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