The history of Kentucky, from its earliest discovery and settlement, to the present date, V. 1, Part 33

Author: Smith, Z. F. (Zachariah Frederick), 1827-1911
Publication date: 1895
Publisher: Louisville, Ky., The Prentice Press
Number of Pages: 918


USA > Kentucky > The history of Kentucky, from its earliest discovery and settlement, to the present date, V. 1 > Part 33


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The territory thus ceded by Virginia embraced the area of the following States :


SQUARE MILES.


Ohio


39,964


Indiana


33.809


Illinois


55,414


Michigan


56,451


Wisconsin


53,924


Minnesota, east of the Mississippi


26,000


Total


265,562


Or 169,959,680 acres, from sales of which the United States has received over one hundred million dollars. She had only reserved Kentucky, of all her vast territorial possessions. Besides this princely domain thus donated, the United States owned scarce a fig-leaf of land.


The cruel injustice and ingratitude of severing West Virginia from the Mother of Commonwealths and of Presidents and patriots, during the anarchy and disorders of the late civil war, and on the return of peace, making no provision to indemnify her for so serious a spoliation, forms a dark chapter of the period, that will ever stain with dishonor the authors of the wrong. A large public debt was left to her charge, as she sat childless and widowed in her desolation, while this reduction of her territory and population fatally impaired her ability to pay, and plunged her into a wreck of insolvency. And yet for these misfortunes of her own, by the ungrateful wounds of ene- mies which her children are made to lament, she is reviled and taunted by the very authors of the wrong. Hon. James G. Blaine, in his work, "Twenty Years of Congress," very unsparingly condemns the measure. Says he : "To the old State of Virginia the blow was a heavy one. In the years following the war, it added seriously to her financial embarrassment. and in many ways obstructed her prosperity. The anatomy of Virginia was alone disturbed. Upon her alone fell the penalty for secession, which if due to one, was due to all. Texas and Florida retained their public lands at the close of the war. Why were not these and others despoiled? Mex- ico was helpless in our hands when conquered by this country; yet our high sense of justice would not permit the despoilment of our helpless neighbor. Fifteen millions were given her for the territory we wanted. We went even further than this in our magnanimity, and assumed to pay four millions more


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246


HISTORY OF KENTUCKY.


of debts due by Mexico to our own citizens. Americans can but feel a deep personal interest in the good name and good fortune of a State so closely identified with the renown of the republic, with whose soil is mingled the dust of those to whom all States and all generations are debtors-the father of his country, the author of the Declaration of Independence, and chief projector of the national Constitution, the purest and the wisest of states- men."


Some alarming symptoms of an invasion from the Southern tribes in the Tennessee valley led Colonel Benjamin Logan to call a meeting of citizens at Danville, where he communicated to the meeting the information he had received, that the Chickamaugas meditated an invasion of Kentucky. To this meeting so assembled. as well as to General Logan, the crisis seemed to demand the immediate undertaking of an expedition by the whites against these Southern Indians. But they were prevented from such a movement by insurmountable difficulties. No man, or set of men, within the district was vested with authority to call the militia into service. Ammunition suf- ficient for such a campaign was not to be found in the district. There was no authority to impress provision for the use of the militia serving on such an expedition.


In this state of anarchy within, and hostility without, a resolution was adopted, recommending that each militia company elect one representative at Danville, the temporary capital, on December 27, 1784. Of this meet- ing, Samuel McDowell was made president, and Thomas Todd, clerk. The isolated condition of the country made it very difficult to secure the remedy for the growing evils, and especially the protective means for defense. which were so pressingly and often felt. They could see no better solution of the difficulties than by the formal separation of the District of Kentucky from the present Commonwealth, and its erection into an independent mem- ber of the American confederacy.


By a unanimous vote, a resolution was passed, "that many inconveni- ences under which they labored might be remedied by the Legislature of Virginia, but that the great and substantial evils to which they were sub- jected were from causes beyond the power and control of the government, namely, from their remote and detached situation, and could never be remedied until the District had a government of its own." Yet, so great were the love and deference for Virginia, and respect for popular sentiment at home, that the representatives forbore to make application to the ma- ternal Commonwealth. It earnestly recommended the measure to the people, and that they elect representatives to a convention, to be held in May, at the ensuing election for delegates to the Virginia Legislature the coming April. It was an experiment hitherto untried in American politics. No instance of this process of separation and moral swarming in mutual har- mony and peace had yet been given, and the first precedent of a long line of future examples had to be set in the case of Kentucky. Not a newspaper .


247


THE SPIRIT OF LIBERTY ABROAD.


was issued as yet west of the mountains, and, as far as we are informed, no printing-press was in use. The circular address of this first convention was, therefore, copied and posted in manuscript. Twenty-five members were to be chosen, distributed to the three counties in proportion to population.


On May 23d, the newly-elected members assembled in the second con- vention, at Danville, and resolved : First-That a petition be presented to the Legislative Assembly, praying that this District be established into a State separate from Virginia; Second-That another convention of repre- sentatives be elected, to meet at Danville on the second Monday in August, to take further under consideration the state of the District; Third-That this convention recommend that the election of deputies for the proposed assembly be on the principles of equal representation, on the basis of popu- lation.


The significance of this last resolve will be better appreciated in the light of the fact that the House of Burgesses of Virginia-the Legislature-was distributed on the basis of territory more than on that of population. It must be remembered that political affairs, both of the Union and of the States, were yet in the chaos of transition from the old animus and forms of the monarchy to the new spirit and adjustments of the republic. In every experimental change of political autonomy since the declaration of inde- pendence, the spirit of personal liberty and equality was the instinctive breath of life within. showing how this modern people had learned to scorn the indignities of tyranny and to honor and exalt their own God-given man- hood. The doctrine was that the fabrics of political science, the most complex as well as the simplest, must receive their character from that of their citizenship and tenantry, and not from the inanimate materials of prop- erty, of offices, and of institutions of which they are incidentally com- posed.


1 It seemed like a strain of delicacy approaching timidity, that this con- vention referred to a third assemblage what its members could as well have done for the country. It was but wearying the patience and disappointing the reasonable expectations of the people.


Nelson county had in January, 1785, been constituted, by legislative act, out of all that part of Jefferson county south of Salt river. The members of the third convention were, therefore, divisioned-six to the county of Jefferson, six to the county of Nelson, ten to the county of Lincoln, and eight to the county of Fayette. 2They met in August at the same place as before, and the delegates present were from-


Lincoln County-Samuel McDowell, George Muter, Christopher Irvin, William Kennedy, Benjamin Logan, Caleb Wallace, Harry Innes, John Edwards, and James Speed.


" From Fayette-James Wilkinson, James Garrard, Levi Todd, John Coburn, James Trotter, John Craig, and Robert Patterson.


I Marshall, Vol. I., pp. 207-215.


2 Marshall, Vol. I., p 207.


248


HISTORY OF KENTUCKY.


" From Jefferson-Richard Terrell, George Wilson, Benjamin Sebastian, and Philip Barbour.


" From Nelson-Isaac Cox. Isaac Morrison, Andrew Hynes, Matthew Walton, James Morrison, and James Rogers.


"Of the foregoing members, they elected Samuel McDowell president ; and having organized themselves as a convention, proceeded to business.


"The papers referred by the late convention being before them, were committed, and, after several days, reported on, as follows :


"' The convention, according to the order of the day, resolved itself into a committee of the whole on the state of the district, and after some time spent therein Mr. President resumed the chair, and Mr. Muter reported that the committee had had under consideration the matters to them com- mitted, and having made several amendments, which he read in his place and afterward delivered to the clerk, they were again read and agreed to, as follows :


"'Your committee. having maturely considered the important matters to them referred, are of opinion that the situation of this district, upwards of five hundred miles from the seat of the present government, with the intervention of a mountainous desert of two hundred miles, passable only at particular seasons, and never without danger from hostile savages, pre- cludes every idea of a connection on republican principles ; and originates many grievances, among which we reckon the following :


" 'First-It destroys every possibility of application to the supreme exec- utive power, for support or protection in case of emergency; and thereby subjects the district to continual hostilities and depredations of the savages; relaxes the execution of the laws, delays justice, and tends to loosen and dissever the bonds of government.


"'Second-It suspends the operation of the benign influence of mercy, by subjecting condemned persons, who may be deemed worthy of pardon, to tedious, languishing, and destructive imprisonment.


"' Third-It renders difficult and precarious the exercise of the first and dearest right of freemen, adequate representation ; as no person properly qualified can be expected, at the hazard of his life, to undergo the fatigue of long journeys, and to incur burdensome expenses, by devoting himself to the public service.


"' Fourth-It subjects us to penalties and inflictions which arise from ignorance of the laws : many of which have their operation, and expire before they reach the district.


"' Fifth-It renders a compliance with many of the duties required of sheriffs and clerks impracticable ; and exposes those officers, under the present revenue law, to inevitable destruction.


"'Sixth-It subjects the inhabitants to expensive and ruinous suits in the high court of appeals, and places the unfortunate poor completely in the power of the opulent.


1


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249


RECITAL OF GRIEVANCES.


"'Other grievances result from partial and retrospective laws, which are contrary to the fundamental principles of free government, and subversive of the inherent rights of freemen-such as :


"' First-The laws for the establishment and support of the district court, which, at the same time that we are subject to a general tax for the support of the civil list, and the erection of the public buildings, oblige us to build our own court-house, jail, and other buildings, by a special poll tax imposed upon the inhabitants of the district, and leaves several officers of the court without any certain provision.


"' Second-The law imposing a tax of five shillings per hundred acres on lands previously sold, and directing the payment thereof into the regis- ter's office at Richmond, before the patent shall issue ; the same principles which sanctify this law would authorize the Legislature to impose five pounds per acre on lands previously sold by Government on stipulated conditions, and for which an equivalent had been paid ; and is equally subversive of justice as any of the statutes of the British Parliament that impelled the good people to arms.


"' Third-General laws, partial and injurious in their operation. Such are the laws :


"'I. Concerning entries and surveys on the western waters ;


"' 2. Concerning the appointment of sheriffs ;


"'3. For punishing certain offenses injurious to the tranquillity of this Commonwealth.


"' Which last law prohibits, while we experience all the calamities which flow from the predatory incursions of hostile savages, from attempting any offensive operation ; a savage, unrestrained by any law, human or divine, despoils our property, murders our fellow-citizens, then makes his escape to the north-west side of the Ohio, is protected by this law. Now,


"' WHEREAS, All men are born equally free and independent, and have certain natural, inherent, and unalienable rights, among which are the enjoying and defending life and liberty, acquiring, possessing, and protect- ing property, and pursuing and obtaining happiness and safety : There- fore,


"' Resolved, That it is the indispensable duty of this convention, as they regard the prosperity and happiness of their constituents, themselves, and posterity, to make application to the General Assembly at the ensuing session, for an act to separate this district from the present government for- ever, on terms honorable to both and injurious to neither, in order that it may enjoy all the advantages, privileges, and immunities of a free, sovereign, and independent republic.'


" And this report and resolution were unanimously concurred in by the members, whose names have been previously inserted.


" In order to transmit the views which this convention took, the im- pressions received, and the sentiments imbibed and cherished by it, in rela-


250


HISTORY OF KENTUCKY.


tion to the local and political condition of the country, its grievances and its means of redress, the address to the Legislature will be inserted at large : "' Gentlemen : The subscribers, resident in the counties of Jefferson, Fayette, Lincoln, and Nelson, composing the district of Kentucky, being chosen at free elections held in these counties, respectively, by the freemen of the same, for the purpose of constituting a convention to take into con- sideration the general state of the district, and expressly to decide on the expediency of making application to your honorable body for an act of separation, deeply impressed with the importance of the measure, and breathing the purest filial affection, beg leave to address you on the mo- mentous occasion.


.. "'The settlers of this distant region, taught by the arrangements of Providence, and encouraged by the conditions of that solemn compact for which they paid the price of blood, to look forward to a separation from the eastern parts of the Commonwealth, have viewed the subject leisurely at a distance, and examined it with caution on its near approach, irreconcilable as has been their situation to a connection with any community beyond the Appalachian mountains, other than the federal union ; manifold as have been the grievances flowing therefrom, which have grown with their growth, and increased with their population, they have patiently waited the hour of redress, nor even ventured to raise their voices in their own cause until youth, quickening into manhood, hath given them vigor and stability.


""'To recite minutely the causes and reasoning which have directed, and will justify, this address would, we conceive, be a matter of impropriety at this juncture. It would be preposterous for us to enter upon the support of facts and consequences which we presume are incontestable; our seques- tered situation from the seat of government, with the intervention of a mountainous desert of two hundred miles, always dangerous, and passable only at particular seasons, precludes every idea of a connection on repub- lican principles. The patriots who formed our Constitution, sensible of the impracticability of connecting permanently in a free government the extensive limits of the Commonwealth, most wisely made provision for the act which we now solicit.


"'To that sacred record we appeal. 'Tis not the ill-directed or in- considerate zeal of a few; 'tis not that impatience of power to which ambitious minds are prone, nor yet the baser consideration of personal interest, which influences the people of Kentucky; directed by superior motives, they are incapable of cherishing a wish unfounded in justice, and are now impelled by expanding evils and irremediable grievances, uni- versally seen, felt, and acknowledged, to obey the irresistible dictates of self-preservation, and seek for happiness by means honorable to them- selves, honorable to you, and injurious to neither.


"""'We, therefore, with the consent, and by the authority, of our constit- uents, after the most solemn deliberation, being warned of every consequence


2


251


CONCLUSION OF THE ADDRESS.


which can ensue for them, for ourselves, and for posterity unborn, do pray that an act may pass at the ensuing session of assembly, declaring and acknowledging the sovereignty and independence of this district.


"'Having no object in view but the acquisition of that security and happiness which may be attained by scrupulous adherence to private justice and public honor, we should most willingly at this time enter into the adjustment of the concessions which are to be the condition of our separa- tion, did not our relative situation forbid such negotiation; the separation we request being suggested by necessity, and being consonant to every principle of reason and justice, we are persuaded will be cheerfully granted; and that we shall be as cheerfully received into the continental union on the recommendation of our parent State.


"'Our application may exhibit a new spectacle in the history and politics of mankind-a sovereign power solely intent to bless its people, agreeing to a dismemberment of its parts, in order to secure the happiness of the whole. And we fondly flatter ourselves from motives not purely local, it is to give birth to that catalogue of great events which, we persuade ourselves, are to diffuse throughout the world the inestimable blessings which mankind may derive from the American revolution.


"'We firmly rely that the undiminished luster of that spark which kindled the flame of liberty, and guided the United States of America to peace and independence, will direct the honorable body, to whom we appeal for redress of manifest grievances, to embrace the singular occasion reserved for them by Divine Providence, to originate a precedent which will liberalize the policy of nations, and lead to the emancipation of enslaved millions.


""'In this address we have discarded the complimentary style of adu- lation and insincerity. It becomes freemen, when speaking to freemen, to employ the plain, manly, and unadorned language of independence, sup- ported by conscious rectitude.'


"In this address is recognized the florid writer and eloquent orator, General James Wilkinson. This gentleman had removed his family from Philadelphia to Lexington in the fall of the preceding year, and was now for the first time elected a member of this convention; although it is not questioned but that he was the primary cause of its being called, to consider the proceedings of the May convention, and was the author of the address to the people, which was sent out by that convention. If nature, education, and some knowledge of parliamentary proceedings, had given him a decided advantage over the other members of the convention, he did not want vanity to see it nor ambition to avail himself of circumstances so much in his favor, and so convertible to his purposes, at that time, it is supposed, perfectly laudable.


"Chief-Justice George Muter and the attorney-general of the district, Harry Innes, were deputed to present it to the Legislature, and to offer their personal solicitation, as well as to give any verbal explanation, which might


252


HISTORY OF KENTUCKY.


facilitate the passage of the much desired act-two worthy gentlemen for a mission of so much importance.


"Disposition being made of these matters, the convention had yet to address the people of the district, and that was done in the following terms :


". To the Inhabitants of the District of Kentucky-Friends and country- men: Your representatives in convention having completed the important business for which they were specially elected, feel it their duty before they adjourn to call your attention to the calamities with which our country appears to be threatened. Blood has been spilled from the eastern to the western extremity of the district; accounts have been given to the convention from post St. Vincennes, which indicate a disposition in the savages for general war: in the meantime, if we look nearer home, we shall find our borders infested, and constant depredations committed on our property. Whatever may be the remote designs of the savages, these are causes suf- ficient to arouse our attention, that we may be prepared not only to defend, but to punish those who, unprovoked. offend us. God and nature have given us the power, and we shall stand condemned in the eyes of Heaven and mankind if we do not employ it to redress our wrongs, and assert our rights.


"'The Indians are now reconnoitering our settlements, in order that they may hereafter direct their attacks with more certain effect, and we seem patiently to await the stroke of the tomahawk. Strange, indeed, it is that, although we can hardly pass a spot which does not remind us of the murder of a father or brother or friend, we should take no single step for our own preservation. Have we forgotten the surprise of Bryan's, or the shocking destruction of Kincheloe's station? Let us ask you-ask yourselves-what is there to prevent a repetition of such barbarous scenes? Five hundred Indians might be conducted, undiscovered, to our very thresholds, and the knife may be put to the throats of our sleeping wives and children. For shame! let us arouse from our lethargy ; let us arm, associate, and embody ; let us call upon our officers to do their duty, and determine to hold in detestation and abhorrence, and treat as enemies to the community, every person who shall withhold his countenance and support of such measures as may be recommended for our common defense. Let it be remembered that a stand must be made somewhere; not to support our present frontier would be the height of cruelty, as well as folly; for should it give away, those who now hug themselves in security will take the front of danger, and we shall in a short time be huddled together in stations, a situation in our present cir- cumstances scarcely preferable to death. Let us remember that supineness and inaction may entice the enemy to general hostilities, while preparation and offensive movements will disconcert their plans, drive them from our borders, secure ourselves. and protect our property. Therefore,


"' Resolved, That the convention, in the name and behalf of the people. do call on the lieutenants. or commanding officers of the respective coun-


253


GENERAL JAMES WILKINSON.


ties of this district, forthwith to carry into operation the law for regulating and disciplining the militia ; and that the emergency does not admit of de- lay on the part of any one.


". Resolved, That it be recommended to the officers to assemble in their respective counties, and concert such plans as they may deem expedient for the defense of our country, or for carrying expeditions against the hostile nations of Indians.'


"This address and these resolutions are from the same pen as the peti- tion to the Legislature. It will hardly escape remark. that the prayer for separation is for an acknowledgment of sovereignty and independence, while the address to the people and the last resolution imply an assumption of both.


"Nor can it be ascertained that at the time any other scheme was formed, notwithstanding a subsequent period revealed an intrigue with Spain, which will be developed in the sequel.


"Copies of the address to the people were industriously multiplied by the pen, in the absence of printing facilities, and circulated among them. That to the Legislature, in due time and form, was presented."


The important issues, direct and remote, excited a profound interest among the people, and became topics of popular and general discussion.


1 General James Wilkinson, of whom mention has been made as taking a leading part in the several conventions at Danville, made his first appear- ance at Lexington in February, 1784, as the head of a trading and mercan- tile company made up at Philadelphia. From this time forward, for years, he was among the most conspicuous and active figures in the political and commercial circles of Kentucky. The presence, manners, and address of the man were calculated to attract attention and excite interest. Nature had endowed him with a passport which insured his favorable reception wherever he was seen and heard-a passport expressed in a language which captivated the hearer, and in a courtesy of style which disarmed suspicion and won the confidence of those whose intimacy he sought, on a first im- pression. A person, not quite tall enough to be perfectly elegant, was com- pensated by its symmetry and strength. A countenance open, mild, and beaming with intelligence; a carriage firm, manly, and erect; manners bland, accommodating, and popular, enabled him to conciliate and win to his friendship many of the people of the day. Whether these graces of mind and person portrayed a character of sincerity and patriotic virtue, or not, is a question which the faithful pen of the historian has not settled, and which will be left for the reader himself to judge, in the subsequent pages.




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