USA > Kentucky > The history of Kentucky, from its earliest discovery and settlement, to the present date, V. 1 > Part 36
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This action seems to have been ignored or overlooked on the final assem- blage of the majority. The Legislature had taken action on the memorial, and passed a second act annulling the first :
1 " At this important and eventful crisis, the second act, requiring another convention, was received by the president in a letter from a member of the Legislature.
"It is not easy to describe the discomfiture and chagrin attending this communication.
1 Marshall, Vol. I., p. 254.
34
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MARSHALL'S LETTER.
"Such, however, was their sense of moral and legal obligation that they immediately desisted, and soon after returned peaceably, if not contentedly, home to contemplate consequences.
"Mr. Marshall, to whom the memorial of the committee had been trans- mitted, and who attended to it before the Legislature, by letter stated the reasons which influenced the General Assembly in passing the new law which in substance were :
"First-That the original law, requiring a decision on the subject of sep- aration in time, if adopted, for Congress to determine on the admission of Kentucky into the Union before the Ist day of June, 1787, could not, in consequence of delay, be executed.
"Second-That the twelve months allowed to the convention for other purposes might, in the divided state of public opinion, involve difficulties, especially as there did not appear to be in the minority a disposition to sub- mit to the will of the majority.
"Third-That the proceedings of the convention would be subject to objections in consequence of defects in the law.
"The preamble assigns as reasons for the act the failure of the conven- tion to meet, and the impracticability of executing the law for want of time. It further expressed a continued disposition in the Legislature to assent to the proposed separation.
"It enacts that, on the August courts of the year 1787, the free male inhabitants of the district, in their respective counties, should elect five members for each county, to compose a convention, to be held at Danville on the third Monday in the ensuing September.
"The 4th of July, 1787, was fixed as the limit within which Congress was to express her assent to the admission of the proposed State into the con- federation.
" The material change effected by the incidents now detailed was to post- pone the separation for one year. By the act first passed, the separation could not take place before the Ist day of September, 1787; by the second act, it was not to take place prior to the Ist of January, 1789."
The hope of realization having thus been withered in the ill-wind of this startling intelligence, it would seem that the extreme of patient toleration had been reached. The autonomy of the nascent Commonwealth must be postponed two years; and, possibly, postponed again, for the Government of the Union was in the travail of transition from the old to the new, and it was natural that the expiring Continental Congress would prefer that the admission of Kentucky should follow rather than precede the ratification of the new Constitution, in view of the well-known discontent of her people. True, Congress had made repeated treaties with the Indians, until every tribe of hostiles were included in the several compacts. But the bonds of these stipulations were as ropes of sand, as far as restraint on the savages was concerned. They were only made to be broken often, and with insolence
272
HISTORY OF KENTUCKY.
and impunity, while the authorities of the United States did absolutely nothing to protect the whites or chastise the guilty savages.
The British still held the military posts in the North-west, excepting those captured by Clark, though the stipulation for their delivery to the Americans was made over five years before. The execution of this provision of the treaty was of more immediate importance to Kentucky than any other. The truth is that at this time, and for two or three years after the ratification of the Constitution of the United States, the General Government was looked upon as a feeble and doubtful experiment for any permanent or durable purpose. The instinct of common danger and of common defense had ce- mented the colonies into confederated being and action, as a war measure. Now, that the purposes of the confederation had been accomplished, and the cohesive force of necessity had ceased, there sprang up the gravest dif- ferences and discussions as to the relative degrees of sovereignty and power that should remain to the Union and to the States that composed it.
So jealous were the States of concessions of sovereignty to the Federal Government that it was seriously anticipated by very many that the experi- ment would be a failure. Monarchy and republicanism were before the tribunal of political inquisition. and the verdict of American statesmanship in favor of the latter was an arraignment of monarchy and kingcraft that challenged the virtues and utilities of the powerful governments of Europe. The fabric of the Federal Constitution was a bold and daring adventure, and the more so as it was a departure from the canonized political prece- dents of past history. The experiment was an untried and novel one, and seemed to have been born into an entity of life under an inspiration of statesmanship to its authors. On its success were suspended the issues and destinies of nations of peoples, of the rule of empires and continents, and of regenerated life to the future of mankind. It was the pivotal period of centuries, of change from the old political dispensation to the new.
In the hands of its human architects, the work seemed to the wisdom of this world to be empiric, feeble, and uncertain; but there was, above all, a Power diviner than that of man whose unseen and unreckoned skill had wrought out this problem of the age from the conspiring incidents of cen- turies, and whose edict had been registered that it should not now fail of its consummation.
The founders and promoters of the republic stood by the manger of Liberty, and nursed and watched, with the intense sympathies of paternity, the new-born infant, plaintive and pitiable in his swaddling-clothes; while the diviner Power disposed all, and directed that from this humble origin should come, for its regeneration, the light and hope of the political world. The friends were solicitous and hopeful, the indifferent were doubtful and suspicious, while the more powerful and numerous enemies to personal gov- ernment were incredulous and invidious. In this crisis, how natural that the absorbing questions of life to the Federal Union should obscure the
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KENTUCKY'S TRIAL.
questions of life to the State in its embryotic struggle. Kentucky could barely hope for the attention due her imperative needs, dependent on col- leagues so remote.
But the people of the great West, both the whites and the reds, saw only weakness, indifference, and neglect at the Federal capital, in the retention of the forts by the British, the impunity with which border hostilities were car- ried on, and the timidity of action in measures of military defense against the Indians. Some of the State governments, even, were stronger in mili- tary resources and action than the general; while the construction and ex- tent of the powers enumerated in the Federal Constitution were debated by the doubtful.
So resentful was the feeling in the West over these hurtful neglects and wrongs, that when the vote of Virginia was cast for or against the ratifica- tion of the new constitution, the delegates from Kentucky voted eleven against, to three for. Her people, unprepared to appreciate the difficulties of the situation, or to longer construe with patience and charity the delays of relief, when they had been so accustomed to vigorous and prompt action, had come to despise the inefficiency of the central Government; and espe- cially were they chafed under that condition of the Virginia law that required them to apply for and gain the consent of Congress, before they could erect for themselves the desired autonomy.
At this most opportune hour the tempter came that tried the loyalty of Kentucky, tantalized as she had been by a labyrinth of assembly and legis- lative proceedings, the fair fruitage and promises of which had so often turned to ashes on her lips. In the inception of this natural ebullition of anger and impatience, General Wilkinson, of Fayette county, a gentleman of address and adroitness in politics, and well fitted for leadership, was elected a delegate to the Danville convention. Of a bold and independent spirit, he had already expressed himself as favorable to cutting this gordian knot of difficulty by an immediate separation of the Kentucky settlements from Virginia, and the formation of an independent government, with such a future destiny as circumstances might determine. Wilkinson had been an active soldier from Philadelphia in the Revolutionary war, was engaged in commercial enterprises of an extensive character, and had acquired an influence in the public affairs of Kentucky, perhaps as great as that of any other citizen. In the temper of the people of the district, it is not strange that there were associated with him many of the eminent and influential men of Kentucky, and that these had a numerous and formidable following.
Shortly after the convention adjourned at Danville, in January, 1787, an association of men at Pittsburgh, styling themselves " A Committee of Cor- respondence for Western Pennsylvania," forwarded a communication to the people of Kentucky, as follows :
" That John Jay, the American Secretary for Foreign Affairs, had made a proposition to Don Gardoqui, the Spanish Minister to the United States,
IS
274
HISTORY OF KENTUCKY.
to cede the navigation of the Mississippi to Spain for twenty-five or thirty years, in consideration of some commercial advantages to be granted to the United States; but such as the Western country could derive no profit from."
1 In response to this communication, the following circular letter was sent out to the people of the district :
" KENTUCKY, DANVILLE, March 29, 1787 .- A respectable number of the inhabitants of the district having met at this place, being greatly alarmed at the late proceedings of Congress, in proposing to cede to the Spanish court the navigation of the Mississippi river for twenty-five or thirty years, have directed us to address the inhabitants on the western waters, and in- form them of the measures which it is proper for this district to adopt.
"The inhabitants of the several counties in this district will be request- ed to elect five members in each county. to meet in Danville on the first Monday of May, to take up the consideration of this project of Congress ; to prepare a spirited, but decent, remonstrance against the cession ; to ap- point a committee of correspondence, and to communicate with one already established on the Monongahela, or any other that may be constituted ; to appoint delegates to meet representatives from the several districts on the western waters, in convention, should a convention be deemed necessary ; and to adopt such other measures as shall be most conducive to our happi- ness. As we conceive that all the inhabitants residing on the western waters are equally affected by this partial conduct of Congress, we doubt not but they will readily approve of our conduct, and cheerfully adopt a similar system, to prevent a measure which tends to almost a total destruction of the western country. This is a subject which requires no comment; the injustice of the measure is glaring ; and as the inhabitants of this district wish to unite their efforts, to oppose the cession of the navigation of the Mississippi, with those of their brethren residing on the western waters, we hope to see such an exertion made upon this important occasion, as may convince Congress that the inhabitants of the western country are united in the opposition, and consider themselves entitled to all the privileges of freemen and those blessings procured by the Revolution, and will not tamely submit to an act of oppression which would tend to a deprivation of our just rights and privileges. Your obedient servants,
" GEORGE MUTER, " HARRY INNES, "JOHN BROWN, " BENJAMIN SEBASTIAN.
"One, at least, of these missiles being dispatched to each county in the district, it had the effect to increase the jealousy, and even animosity, against Congress, which some had already conceived against that body, on account of its conduct in relation to the Indians."
1 Marshall, Vol. I., p. 259.
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1
275
JOHN JAY'S TREATY.
There was nothing objectionable in the temper or language of this letter of address, considering the impressions then very reasonably prevailing in the West, as to the intentions of Congress. The most unlettered backwoods- man could not be blinded to the vital importance of the interests which, as they supposed, were about to be bartered away for advantages to be reaped only by their Eastern brethren. Although the ferment was for a time vio- lent, only regular and constitutional remedies were proposed by the circu- lar or adopted by the citizens.
The delegates were elected as proposed, but even before they assembled, a clearer and more intelligible view of the facts was had, and the conven- tion, after a brief session, and after debating and rejecting various proposi- tions, which looked toward increasing and prolonging the excitement of the people upon this agitating subject, quietly adjourned, without taking any action whatever upon the matter. The true state of facts were about as follows :
1 "As early as the 28th of June, 1785, the arrival of Don Gardoqui had been announced to Congress, with plenipotentiary powers to treat on behalf of his majesty with any person or persons vested with equal powers by the United States on the subjects in controversy.
"The Hon. John Jay, then being the secretary of the United States for foreign affairs, received from Congress a similar commission, and a nego- tiation was opened between these ministers in New York. The caution of Congress had inserted in the commission of Mr. Jay these ultimata : 'That he enter into no treaty, compact, or convention whatever with the said rep- resentative of Spain which did not stipulate the right of the United States to the navigation of the Mississippi and the boundaries as established by their treaty with Great Britain.'
" More than half a year had elapsed before Congress had any com- munication as to the progress of the negotiation. Difficulties were at length announced by the American minister on the subjects of treaty. He was called before Congress and explained by reference to the navigation of the river, which was claimed exclusively and justly by Spain, within her ter- ritories ; and further, by presenting to view the project of a commercial treaty containing, as he contended, advantageous stipulations in favor of the United States, in consideration of which it was proposed that they ' should forbear the use of the navigation of the Mississippi for twenty-five or thirty years.' He urged the adoption of this project as a beneficial one for the United States ; said that a stipulation to forbear the use on the part of the United States, accepted by Spain, was an admission on her part of the right; that, in fact, the United States were in no condition to take the river or force the use of it, and, therefore, gave nothing for the benefit they would derive from the proposed treaty, not otherwise to be effected, for the use of the nation.
I Marshall, Vol. I., p. 265.
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HISTORY OF KENTUCKY.
" Under this view of the subject, the seven most eastwardly of the States voted to rescind the ultimata in the secretary's instructions, and it was, of course, so entered on the journal, the other States dissenting. It, however, required the concurrence of nine States to give an instruction ; therefore, none was given. The case had been debated; the strength of the party for the treaty had been tried and found wanting. The project had failed, most happily for the Union."
Pending this action of Congress, the recommendation of Jay had been indignantly denounced and resisted by the other States south of New York, and Virginia, by unanimous vote of her Legislature, had instructed her del- egates in Congress never to accede to any such proposition, in which she was warmly seconded by the non-concurring States. It is an incident of interesting conjecture as to what would have been the consequence if the requisite majority of nine States. instead of the seven only, had voted to adopt. the sectional suggestion of the American commissioner. It would certainly have produced a discordant jar that would have called for radical conces- sion and compromise, if it had not divided the Union by the Alleghany ridge. As it was, there was left upon the public mind of the West a jeal- ousy of the intentions of the North-eastern States, which might possibly be fanned into a flame, and of which political aspirants and bold leaders might avail themselves as it suited their purposes. The name of John Jay, after the splendid services he had rendered the whole country in the negotiations at Madrid and Paris, became peculiarly odious for the selfish attempt to barter away a great and vital national interest for petty commercial gains to a section of the country.
The party, ready for the alternative of immediate separation and an in- dependent commonwealth, under the principal lead of General Wilkinson, and sustained by many of the purest and most patriotic public men, and sympathized with by a very large proportion of the people, had been alive and vigilant. There was no sentiment for a political association with any foreign country, and it may be truthfully said that the preference to enter the Union as a co-equal State was well-nigh universal ; but the difficulties in the way, the indecisive postponements, the pressure of demand for inde- pendent authority to use the forces of the district to repel Indian incursions. and chastise the savages, the neglect of the Government which held all authority without using it, conspired to increase the sentiment for separa- tion, as the least in a choice of evils.
! " In the meantime, an occurrence now so frequent as scarcely to attract notice, but then unprecedented in the district, was announced, and pro- duced a general sensation of applause.
" It was the publication of The Kentucky Gazette as a weekly news- paper by John Bradford, an ingenious and enterprising citizen of Lexington. It first appeared on the 28th of August, on a demi-sheet ; the rst of Septem-
1 Marshall, Vol. I., p. 274.
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THE DANVILLE CONVENTION ASSEMBLES.
ber it assumed the medium size, which it retained for a time and afterward lost in one of greater dimensions.
"Immediately, the Gasette became the vehicle of discussion to the parties for and against the separation. The publications on the subject, still worthy of perusal, evince the possession of considerable political knowl- edge, as well as literary acquirement, on both sides of the question.
"On the 17th of September, the convention assembled at Danville, agreeably to the provisions of the act of separation, almost without an ab- sent member. After the usual organization, and with but little debate, it was decided, without a dissenting voice, to be 'expedient for the good people of the district that it should be separated from the rest of the State upon the terms and conditions prescribed by law.'
"The convention then proceeded to address Congress in a very respect- ful and loyal style for the admission of the new State into the Federal Union, by the name of Kentucky, and fixed on the last day of December, 1788, for the termination of the authority of Virginia and the commence- ment of the new republic.
"And finally, ' that in the month of April next, on the respective days of the county courts within the said district, and at the places of holding courts therein, respectively, representatives to continue in appointment until the 31st of December. 1788, to compose the said convention, shall be elected within the said district by the free male inhabitants of each county, in the like manner as the delegates to the General Assembly have been elected, in the proportions following: In the county of Jefferson, five rep- resentatives,' and so on, naming the several counties, and giving five to each.
"Thus, the convention, having manifested the utmost propriety of temper and conduct, and completed the business for which it had been elected and assembled, peaceably adjourned and returned to their constitu- ents, in the sanguine hope that labors so long pursued and so faithfully performed would be crowned in due season with their well-merited success."
1 In June, 1787, General Wilkinson descended to New Orleans with a small cargo of tobacco and other articles, to try his enterprise and address at the seat of the Spanish Government in Louisiana. While at New Orleans, he states that he made an arrangement with General Miro for the introduc- tion of several thousand families on the east side of the Mississippi river, then known as Florida, or for a colony to be laid out on the Arkansas and White rivers. He also obtained the privilege of furnishing an annual supply of tobacco for the Mexican market, all of which promised immense fort- unes to him and his friends. For the authenticity of these statements, he exhibited the permits of General Miro, commandante. The large sums in coin received by Wilkinson at Frankfort and Louisville from the lower Mis- sissippi, and distributed to farmers and merchants from various parts of the
I Butler, p. 160; Wilkinson's Memoirs.
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HISTORY OF KENTUCKY.
interior of the district for tobacco, show that he was largely engaged in this trade, in which he had an indubitable right to engage.
In February, 1788, he returned from this commercial expedition to New Orleans. Soon the intense partisan opposition to him led to reports that he had formed a contract with the Spanish governor which enabled him to ship tobacco and deposit it in the king's stores, at ten dollars per hundred ; that he had become a Spanish subject, and had taken the oath of allegiance to the monarchy. The matter of contract he did not substantially deny ; that of becoming a Spanish subject was too absurd to be believed of so shrewd a man. He continued to buy and ship tobacco, and to openly speak of his exclusive privilege to deposit in the king's stores. He freely dilated on the importance to Kentucky of the free navigation of the Mississippi and of commercial connection with Spain. These were indispensable to the ma- terial life and prosperity of the germinal State, so long kept suffering in the pains of parturition, for her people had no other market for their products, barred as they were from the Atlantic coast by distance and impassable mountains.
The convention of September had requested the delegates from the dis- trict in the Legislature of Virginia to ask for a representative in Congress, having now the requisite population, to serve for the ensuing year. Under this recommendation, Hon. John Brown, of Danville, was chosen-the first and only member from Kentucky of the old Congress. The next sequence of action in these convention proceedings we find in no history, treated with that just and dispassionate temper which carries conviction with narration except by Butler, from whose reviews we briefly borrow :
1 " On the 29th of July, in this year, the sixth convention met at Dan- ville to form a constitution of government for the district, preparatory to its separation from Virginia. While this body was assembled, information was received that Congress had determined to refer the question of admit- ting Kentucky into the Union to the new government. This was, indeed, a cruel blow to the excited hopes of independent government so repeatedly voted by Kentucky, and as often assented to by Virginia. It is not a matter of wonder that there was now observable the most deep-felt vexation, a share of resentment bordering on disaffection. and strong symptoms of as- suming independent government. The navigation of the Mississippi and the trade to New Orleans, now just tested for the first time, were strenuously pressed into the argument in favor of completing the constitution and or- ganizing government without delay. It was even proposed to submit the state of the district and the course to be pursued to each militia company. This proposition was, by a large majority, most judiciously rejected. This body came, after protracted debate, to the following recommendation : That the people of the district should elect another assembly, to meet in the following November, and to continue in office until the Ist of January,
I Butler, p. 167.
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DISUNION PROPOSED.
1790; 'that they delegate to their said representatives full powers to take such measures for obtaining admission of the district as a separate and in- dependent member of the United States of America, and the navigation of the Mississippi, as may appear most conducive to those purposes: and also to form a constitution of government for the district, and organize the same when they judge it necessary, or to do and accomplish whatsoever, on a consid- eration of the state of the district, may, in their opinion, promote its interests.'
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