USA > Kentucky > The history of Kentucky, from its earliest discovery and settlement, to the present date, V. 1 > Part 37
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" From the breadth and plenipotentiary character of this commission, like that of a Roman dictator, the temper of the district may be inferred; nor can there, in the whole history of American government, be found a career of such multiplied disappointments and abortive assemblies as in the labors of Kentucky to be admitted into the Union. All parties appear to have been well disposed; still, as if under the influence of some enchantment, consent was given but to be repealed: act was passed after act, and assem- bly met after assembly, only to give birth to a successor as remote as ever from obtaining what had been the favorite object of the people for years. Had a domestic government been organized after the repeated and har- monious co-operation of the great contracting parties, it is not to be supposed that it would have been so technically misconstrued as to have been viewed as treasonable to Virginia or hostile to the Union, owing to repeated and unavoidable accidents. The magnanimous temper of Virginia would have cured everything. Should any such unjust imputation have been placed upon the proceedings of Kentucky, it must soon have been removed by their fidelity, had it have been. as it is believed it was, immovably fast to the confederacy of their countrymen. Vermont continued without the pale of the Union during the whole Revolutionary war and until March, 1791, yet no indictment was brought against her for treason. At this distance of time, the protracted delays and repeated public disappointments on this question seem truly inexplicable. It is not known to what else to compare our long succession of fruitless conventions than to the card edifices of children, which are no sooner erected than at a breath they are demolished. The assertion may be safely ventured that no sober political critic of the present day can believe that any community in these States would now be so trifled with and tantalized, as the people of this district were for eight years in ob- taining a separate municipal existence. Some auxiliary resolutions for directing the election of the seventh convention closed the labors of this addition to the numerous and ineffectual assemblies of Kentucky. So ex- cited had public feeling in Kentucky become in consequence of this pro- voking course of things that disunion seems to have been at least proposed, as its 'idea was formally combated in the public prints of the time, while nothing more open or formal than the acts of the convention is recollected in its favor.'
"As it has before been remarked, the separation of Kentucky from Vir- ginia was an agreed case between the high parties; the difficulty was one
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280
HISTORY OF KENTUCKY.
of form and accident only. In such a state of things, it would have been cruel mockery and iniquity in Virginia to have so far misinterpreted a sep- aration of Kentucky, which had been the subject of repeated and mutual agreements, as to have considered it treasonable. The jealousy of the coun- try could not, however, have been too keenly excited against any attempt at foreign independence ; it is never admitted into the creed of an enlightened patriot until the last extremity of domestic misfortune, and even then to be most sleeplessly watched."
It is but due that we should give here in connection the action of Con- gress, setting forth the reasons for postponement again :
1 " Hon. John Brown, as early as February, had introduced the address of the district convention, requesting the assent of Congress to its admission as a new State into the Union. On the morning of the 3d of July-the 4th of the month being the limit prescribed for obtaining the assent of admis- sion on the part of Congress-some weeks after the Virginia convention had been in sesssion, and some days after it had, in fact, ratified the Federal Constitution, the motion of Mr. Brown was taken up for the last time, and ultimately postponed for the reasons subjoined :
" . WHEREAS, Application has been lately made to Congress by the Legis- lature of Virginia and the district of Kentucky for the admission of the said district into the Federal Union, as a separate member thereof. on the terms contained in the acts of the said Legislature, and in the resolutions of the said district relative to the premises. And whereas, Congress, having fully considered the subject, did, on the 3d day of June last, resolve that it is expedient that the said district be erected into a sovereign and independent State and a separate member of the Federal Union, and appointed a com- mittee to report an act accordingly, which committee, on the 2d instant, was discharged, it appearing that nine States had adopted the Constitution of the United States, lately submitted to conventions of the people. And whereas, a new confederacy is formed among the ratifying States, and there is reason to believe that the State of Virginia, including the said district, did, on the 26th day of June last, become a member of the said confederacy. And whereas, an act of Congress in the present state of the government of the country, severing a part of said State from the other part thereof, and ad- mitting it into the confederacy, formed by the articles of confederation and perpetual union, as an independent member thereof. may be attended with many inconveniences, while it can have no effect to make the said district a separate member of the Federal Union formed by the adoption of the said Constitution, and, therefore, it must be manifestly improper for Congress, assembled under the said articles of confederation. to adopt any other measures relative to the premises than those which express their sense that the said district, as a separate State, be admitted in the Union as soon as circumstances shall permit proper measures to be adopted for that purpose."
I Marshall, Vol. I., p. 29 ).
281
REPRESENTATIVE BROWN'S LETTER.
The impressions made upon the mind of Representative Brown, of Ken- tucky, by the sentiment and action of Congress, the selfish and sectional spirit of the North-eastern States, and the apparent imbecility of the central Government, if we may accord to him the sincerity of motive of which all the facts and circumstances give reasonable assurance, were most prejudicial to the hope for a satisfactory and early consummation of the wishes of his constituents.
In this frame of mind, his acquaintance was cultivated by the Spanish minister, Don Gardoqui, who availed himself of the most opportune moment to press upon his incredulous and unhopeful mind, the alternative solution of independent existence of the Commonwealth of Kentucky, with the tempting offer of the Spanish Government, of exclusive navigation of the Mississippi and trade with Spain and her colonies. The treatment of Ken- tucky had raised the question of policy, and eliminated the quality of treason. From the very partisan notes of Marshall, we continue the narrative, with modified language :
1 " To President McDowell, of the Kentucky convention of July, Brown wrote soon after the action of Congress, to which allusion has been made, giving an account of his labors and disappointments, to which he added his own reasons for the failure! In this letter was inclosed a detached scrip, in these words :
""'In a conversation I had with Mr. Gardoqui, the Spanish minister, relative to the navigation of the Mississippi, he stated that, if the people of Kentucky would erect themselves into an independent State, and appoint a proper person to negotiate with him, he had authority for that purpose, and would enter into an arrangement with them for the exportation of their produce to New Orleans, on terms of mutual advantage.'
"This is not the only letter written by Mr. Brown, about the same time, to Kentucky. He recollected that Judge Muter had joined with him in March, 1787, in sending forth the circular address to the courts on the sub- ject of the Mississippi, and favored him with one of his epistles containing an introduction of his new acquaintance, Don Gardoqui. Although Muter could not be called a great man. yet he disliked the intrigues of political partisans, and was alarmed, on the perusal of Mr. Brown's letter, to find him engaged with a foreign minister. which directly implicated the peace of Kentucky and the preservation of the Union. Under the circumstances, it was impossible for him to not to combine the views disclosed by Mr. Brown with those manifested by General Wilkinson in the late convention. This coincidence of objects naturally suggested a concert of means to effect them, and pointed out the danger as being imminent. This led him to Colonel Marshall, and was his inducement for showing the letter with which he had been honored by Mr. Brown. ? The community was seriously af- fected with anti-federalism and the mania of national dissolution, when its
1 Marshall, Vol. I., p. 302.
2 Marshall, Vol. 1., p. 303.
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282
HISTORY OF KENTUCKY.
representatives in convention could pass and send out to it the propositions which have been detailed, as the basis of authority for another convention to throw Kentucky out of the Union, if it pleased, and to enter into arrange- ments with Spain, who had refused the United States a treaty for the navi- gation of the Mississippi, without exciting a much more general disappro- bation than was apparent. And when to this reflection is added the fact that the greater number of the leaders in the former convention were again elected, and that Mr. Brown, having returned to the district, was himself elected a member to the same, there seems but little reason to doubt that a large proportion of these who gave tone to public opinion were of the party of Wilkinson and Brown, from the July to the November convention of this year.
"The letter to Judge Muter, to which allusion has been made, is as fol- lows :
"'NEW YORK, July 10, 1788-Dear Sir : An answer to your favor of the 16th of March was, together with several other letters, put into the hands of one of General Harmar's officers, who set out in May last for the Ohio, and who promised to forward them to the district ; but I fear that they have miscarried, as I was a few days ago informed that his orders had been coun- termanded, and that he had been sent to the garrison at West Point. In- deed, I have found it almost impracticable to transmit a letter to Kentucky, as there is scarce any communication between this place and that country. A post is now established from this place to Fort Pitt, to set out once in two weeks, after the 20th instant ; this will render the communication easy and certain. Before this reaches you, I expect you will have heard the deter- mination of Congress relative to the separation of Kentucky, as a copy of the proceedings has been forwarded to the district by the Secretary of Con- gress, a few days ago. It was not in my power to obtain a decision earlier than the 3d instant. Great part of the winter and spring, there was not a representation of the States sufficient to proceed to this business, and, after it was referred to a grand committee, they could not be prevailed upon to report, a majority of them being opposed to the measure. The Eastern States would not, nor do I think they ever will, assent to the admission of the dis- trict into the Union, as an independent State, unless Vermont or the pro- vince of Maine is brought forward at the same time. The change which has taken place in the general government is made the ostensible objection to the measure ; but the jealousy of the growing importance of the Western coun- try, and an unwillingness to add a vote to the southern interest, are the real causes of opposition, and I am inclined to believe that they will exist to a certain degree, even under the new government to which the application is referred by Congress. The question which the district will now have to determine upon will be : Whether or not it will be more expedient to con- tinue the connection with the State of Virginia, or to declare their independ- ence and proceed to frame a constitution of government ? "Tis generally
283
TERMS OF THE SPANISH MINISTER.
expected that the latter will be the determination, as you have proceeded too far to think of relinquishing the measure. and the interest of the district will render it altogether inexpedient to continue in your present situation until an application for admission into the Union can be made in a consti- tutional mode, to the new Government.
"'This step will, in my opinion, tend to preserve unanimity, and will en- able you to adopt with effect such measures as may be necessary to promote the interest of the district. In private conferences which I have had with Mr. Gardoqui, the Spanish minister. at this place, I have been assured by him in the most explicit terms. that if Kentucky will declare her independ- ence, and empower some proper person to negotiate with him, that he has authority, and will engage, to open the navigation of the Mississippi, for the exportation of their produce. on terms of mutual advantage. But that this privilege never can be extended to them while part of the United States, by reason of commercial treaties existing between that court and other powers of Europe. As there is no reason to doubt the sincerity of this declaration, I have thought proper to communicate it to a few confidential friends in the district, with his permission, not doubting but that they will make a prudent use of the information-which is in part confirmed by dispatches yesterday received by Congress, from Mr. Carmichal, our minister at that court, the contents of which I am not at liberty to disclose.
" ' Congress is now engaged in framing an ordinance for putting the new Government into motion; it is not yet complete, but as it now stands the elections are to be made in December, and the new Congress to meet in February, but it may undergo alterations. Ten States have ratified-this State (New York) is now in session ; what the result of their deliberations will be, is as yet doubtful : two-thirds of the members are opposed, but 'tis probable they may be influenced by motives of expediency. North Caro- lina will adopt; time alone can determine how far the new Government will answer the expectations of its friends ; my hopes are sanguine, the change was necessary.
" ' I fear, should not the present treaty at Muskingum prove successful, that we shall have an Indian war on all our borders. I do not expect that the present Congress will in that case be able to take any effectual measures for our defense.
" 'There is not a dollar in the Federal treasury which can be appropriated to that purpose. I shall leave this place shortly, and expect to be at the September term. I have enjoyed my usual good state of health, and have spent my time here agreeably.
" ' I am with great esteem your humble servant, J. BROWN.
"! The Honorable George Muter.'
1 " A letter bearing date the 15th of October, 1788, from the chief justice of the district, to the editor of the Kentucky Gasette, will evince his im-
I Marshall, Vol. I, p. 295.
284
HISTORY OF KENTUCKY.
pressions of the actual and probable emergency. It is apparent that the conservative parties were much concerned.
"He says : ' Forming a constitution of government and organizing the same, before the consent of the Legislature of Virginia for that purpose first obtained, will be directly contrary to the letter and spirit of the act of assembly, entitled "an act for punishing certain offenses ; and vesting the governor with certain powers;" which declares that every person or persons who shall erect or establish government separate from, or independent of, the State of Virginia within the limits thereof, unless by act of the Legis- lature for that purpose first obtained, or shall exercise any office under such usurped government. shall be guilty of high treason.
""'The third section of the fourth article of the Federal Constitution ex- pressly declares : " that no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed out of the junction of two, or more, States without the consent of the Legislatures of the States concerned, as well as of the Congress." Therefore, the consent of Virginia to the separation must first be obtained agreeably to the above-cited section, to afford to Kentucky any prospect of being admitted a member of the Fed- eral Union.
"' In the tenth section of the first article of the Federal Constitution it is declared : " that no State shall enter into any treaty, alliance, or confedera- tion." Of course, it must follow that no part of a State can enter into any treaty, alliance, or confederation.
"'The resolution of the late convention, if adopted by the people, might fairly be construed to give authority to the next, to treat with Spain to ob- tain the navigation of the Mississippi, if they should think such a measure conducive to their interest ; when it might plainly appear by the before- recited section, that any other application than to the assembly of Virginia, and to the Congress of the United States, must be contrary to the Federal Constitution.
" ' It is therefore submitted to the consideration of the inhabitants of Fay- ette, whether it may not be necessary, in their instructions to their delegates, to direct them not to agree to the forming a constitution and form of gov- ernment and organizing the same, till the consent of the Legislature of Vir- ginia, for that purpose, is first obtained ; not to agree to make any applica- tion whatever to obtain the navigation of the Mississippi. other than to the Legislature of Virginia and the Congress of the United States; to draw up and forward to the assembly of Virginia a memorial requesting them to alter their acts for the separation of this district from Virginia, that the same be brought before the Congress of the United States in the manner directed by the Federal Constitution, and to request them to authorize the conven- tion by law, to form a constitution of government and to organize the same ; or direct a new convention to be chosen, to continue in office a reasonable time, and to be vested with those powers.
285
MEETING OF THE SEVENTH CONVENTION.
" 'To forward to the assembly of Virginia and the Congress of the United States a decent and manly memorial, requesting that such measures may be pursued by Congress; or that Virginia will use her influence with Congress, to take such measures as shall be most likely to procure for the people of the Western country the navigation of the Mississippi.
" ' GEORGE MUTER.'"
During the year, Southern Indians committed some murders and pillages in Lincoln county, and were pursued and severely punished. The tribe made complaint that the whites were the aggressors, and asked reparation at the hands of the State executive. This brought out an instruction to Judge Harry Innes to suppress these practices by public prosecution. By letter of July, 1787, this officer replied: "In my official capacity, I can not do it; in a private capacity, the attempt would render me odious." In con- clusion, he added: "The Indians have been very troublesome on our fron- tier, and continue to molest us. I am decidedly of the opinion that this Western country will, in a few years, act for itself and erect an independent government; for, under the present system, we can not exert our strength; neither does Congress seem disposed to protect us, since those troops raised for the defense of the Western country are disbanded. I have dropped this hint to your excellency for matter of reflection."
Such was the temper and state of the political mind when the seventh convention met at Danville, in November, 1788. In October previous, there were elected as members of this body Messrs. Humphrey and Thomas Mar- shall, Muter, Crockett, Allen, and Edwards, who were leaders of the Country party, as the wits of the day termed them; while to Messrs. Brown, Wilkin- son, Sebastian, and Innes were conceded the leadership of the Court party, similarly named. The distinct issue was upon the mode of separating from Virginia. The first point of discussion was the submission of the resolu- tions passed by the preceding convention to a committee of the whole. The Court party favored this reference in order, it seems, to give prominence to the navigation of the Mississippi, with the formation of the State constitu- tion; and to hasten the latter, if need be, without awaiting the formality of consent by Virginia. The proceeding may not have been very parlia- mentary, but, as of infinitely more consequence, it gave full and prominent attitude to the question of the Mississippi navigation ; and mainly through the bold and sagacious mind and the tenacious spirit of Wilkinson.
1 Marshall represents Wilkinson to have said, in the course of debate, in advocacy of the reference, that
"Spain had objections to granting the navigation in question to the United States; it was not to be presumed that Congress would obtain it for Kentucky, or even the Western country only; her treaties must be general. There was one way, and but one, that he knew of for obviating these diffi- culties ; and that was so fortified by constitutions and guarded by laws, that
I Marshall, Vol. I., p. 318; Butler, p. 176.
286
HISTORY OF KENTUCKY.
it was dangerous of access and hopeless of attainment, under present cir- cumstances. It was the certain course, which had been indicated in the former convention, which he would not now repeat, but which every gentle- man present would connect with a declaration of independence-the formation of a constitution, and the organization of a new State, which might safely be left to find its way into the Union, on terms advantageous to its interests and prosperity.
"He expatiated upon the prosperous circumstances of the country, its increasing population, its rich productions, and its imperious claims to the benefits of commerce through the Mississippi, its only outlet.
"That the same difficulties did not exist on the part of Spain to concede to the people on the Western waters the right of navigating the river, which she had to a treaty with the United States, there were many reasons for sup- posing ; that there was information of the first importance on that subject within the power of the convention, which he doubted not it would be equally agreeable for the members to have, and for the gentleman who possessed it to communicate."
All eyes were now turned on Hon. John Brown, both a member of Con- gress and a delegate, to whom the allusions of the speaker referred, who arose and responded, "That he did not think himself at liberty to disclose what had passed in private conferences between the Spanish minister, Mr. Gardoqui, and himself; but this much in general he would venture to inform the convention, that, provided we are unanimous, everything we could wish for is within our reach."
On this delivery of Mr. Brown, General Wilkinson arose, and, with the attention of the body, asked general consent to read an address on the sub- ject of the navigation of the Mississippi. This granted, the address, dilating on the following points, was directed to the " Intendant of Louisiana :"
The author urged the natural right of the Western people to follow the current of rivers flowing through their country into the sea, the great com- mon and highway of nations.
The extent of country, the richness of soil, the quantity and variety of productions suitable for foreign markets, for which there were no avenues of conveyance, should the Mississippi be closed to their export.
The advantages which Spain would derive from allowing free use of the river to those on its various waters by increase of trade and revenue to her.
That the population of Kentucky was rapidly increasing, and that each individual looked forward to the free navigation of the Mississippi with the greatest solicitude.
The general abhorrence with which the people of the Western waters received the intelligence that Congress was about to cede to Spain the exclusive right of navigating this river for twenty-five years.
That the Western people were being driven to the alternative of separ- ating themselves from the Union on that account, considering this naviga-
287
KENTUCKY VIOLENTLY AGITATED.
tion indispensable to their future growth and prosperity. These commercial advantages outweighed the political considerations presented in favor of a connection with the Federal Union.
That should Spain be so blind to her true interest as to refuse the use of the river to the Western people, and thereby compel a resort to military means, Great Britain stood ready, with a sufficient force of armed allies, to co-operate with them in enforcing this great national right.
That the whole Spanish possessions in America would be endangered by such a combined movement, should the British, who now hold the mouth of the St. Lawrence, also seize and command the mouth of the Mississippi.
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