USA > Kentucky > The history of Kentucky : including an account of the discovery, settlement, progressive improvement, political and military events, and present state of the country > Part 14
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The same day they proclaim the treaty as ratified, and enjoin the observance. This is the first time that it could be considered as binding on the United States ; nor was it then binding on Great-Britain, until the ratification on her part.
Long before this time, and previous to the signature of the definitive treaty, the dispute had produced among the people at large a considerable degree of irritation ; claims had been made and refused, accusations and re- criminations ensued. Great-Britain was charged with violating the treaty-the charge was retorted on the U. States.
Other subjects were now pressed intothe controversy. Not only were confiscations to cease, but congress was to recommend a restoration of confiscated property-this they did, which the states disregarded. And the re- proach of injustice, and ill-faith, was cast at them, on
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all sides ; by friends, and by foes, who thought the recommendation of Congress, a warrant for compli- ance.
The state Legislatures were however but little moved to compliance, by any sense of national obligation, so loosely constructed ; and which at the same time press- ed so hard against the personal interest, of themselves and their constituents.
Besides, it was obvious to remark, that Congress had only engaged to recommend to the states a restoration of confiscated property-that accordingly, the recommen- dation was made; and the national honor preserved, untainted.
The states, it was contended, acting as free agents, -- and independent sovereignties, could only be bound by their assent, expressed, or implied. And against this argument, no efficient answer was found. The states exempted themselves from compliance. British subjects complained, and the government remonstrated. But the consistency of the states, soon extinguished all hope, of success.
To say the very best of this case for the British claini- ants, it was one of much doubtful speculation.
There was however another class of cases, which was embraced in terms of obligation so clear as to admit of no doubt. We mean, the case of the debts.
This now became an object of earnest attention to the British creditors, and still more so, to the American debtors. It was obvious that many of the latter had
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hoped the debts were extinguished by the war ; and that they most ardently desired to avoid the payment.
Hence we are not to be surprised, if they saught for pretexts to evade their liquidation ; and even interposed, when it was in their power, legislative acts, to their re- covery.
This, it is true, had been most expressly guarded a- gainst, by the treaty. The fourth article of which stip- ulated-" That the creditors on either side shall meet with no lawful impediment to the recovery of the full va- lue in sterling money, of all bona fide debts-heretofore contracted."
The nature of the connection, and the course of trade between the two countries, had made but few debtors in Great-Britain, while there were many in the U. States ; and especially in the middle, and southern sections, of the union.
For eight years the war had suspended the collection of these debts-the treaty had secured their payment ; it was but natural, the creditors should de.nand their dis- bursment.
Unexpectedly, British subjects found themselves em .. barrassed by legal impediments, to their recovery. Of course they complained ; and for once with justice.
Many of the states in the time of the war, had passed laws to prevent or suspend the collection of debts. These acts in most cases remained in force.
As early as the 22d of June 1784, the Legislature of Virginia, a state whose quota was one-sixth of the gene- 1
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ral contribution, and who owed more British debts, than any other, adopted the following measure. ;
"VIRGINIA, to wit.
" In General Assembly, the 22d of June, 1784.
" IT appearing to the general assembly, from a letter from his excellency General Washington, dated the se- venth day of May, 1783, that in obedience to a resoluti- on of congress, he had a conference with General Carle- ton, on the subject of delivering up the slaves and other property belonging to the citizens of the United S ates, in compliance with the articles of the provisional treaty ; that he (General Carleton) appeared to evade a compli- ance with the said treaty, by a misconstruction of the same, and permitted a large number of the said slaves to be sent off to Nova Scotia. It further appearing to the general assembly, from the testimony of Thomas Walke, Esquire, that he, together with several other persons from the counties of Norfolk and Princess Anne, in or about the month of April, 1783, went to New-York, with a view of recovering the slaves which had been ta- ken from them by the British troops during the war ; that not being permitted to take possession of those slaves which they found in that city, the said Walke made a personal application to General Carleton, and requested a delivery of the said slaves, in compliance with the seventh article of the treaty, which prohibits the carrying off negroes, or other property, belonging to the inhabitants of the United States ; this he perempto- rily refused, alleging that he was not authorised to do it, without particular instructions from the British govern-
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ment ; that at the time of this application the said Walke was informed by an aid-de-camp of General Carleton, that an agent was appointed to superintend the embark- ation, and keep a register of slaves sent to Nova Scotia, and that he afterwards saw the said register, and also saw a large number of negroes embarked to be sent to that country. It farther appearing to the general assem. bly, from the testimony of Mr. John Stewart, of the state of Maryland, as well as from a variety of other circum- stances, that many applications were made to General Carleton by citizens of America for the restitution of property, which were invariably rejected :
"Resolved, That there has been an infraction, on the part of Great-Britain, of the seventh article of the treaty of peace between the United States of America and Great- Britain, in detaining the slaves and other proper- ty ofthe citizens of the United States.
" Resolved, That the delegates representing this state in congress be instructed to lay before that body the sub- ject matter of the preceding information and resolution, and to request from them a remonstrance to the British court, complaining of the afo csaid infraction of the trea- ty of peace and desiring a proper reparation of the inju- ries consequent thereupon ; that the said delegates be instructed to inform congress that the general assembly has no inclination to interfere with the power of making treaties with foreign nations, which the confederation had wisely vested in congress ; but it is conceived that a just regard to the national honor and interest of the citi- zens of this commonwealth obliges the assembly to with-
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hold their co-operation in the complete fulfilment of the said treaty, until the success of the aforementioned re- monstrance is known, or congress shall signify their sen- timents touching the premises.
" Resolved, That so soon as reparation is made forthe · aforesaid infraction, or congress shall judge it ind.spen- sably necessary, such acts of the legislature passed during the late war, as inhibit the recovery of British debts, ought to be repealed, and payment thereof made in such time and manner as shall consist with the exhausted si- tuation of this commonwealth.
" Extract from the journal of assembly,
" JOHN BECKLEY, CIk. H. D."
It is worthy of observation, that this act of Virginia is of a date subsequent to the full ratification of the defini- tive treaty-that it contains a plain avowal of her inten- tion to withhold her co-operation in the execution of that treaty. An avowal which she founded upon the deten- tion of the negroes, by the British ; and which she con- strued into a breach of the treaty. Although the alleged acts were done before the treaty was ratified, or could well be violated , had the terms been clearer. An avowal calcu- lated to produce suspicion, and which led directly in its consequences to the detention of the posts ; in which Kentucky, was so immediately interested. And the ef- fects of which, she has had such abundant cause to regret.
At the time Virginia took this measure, as rash as it was haughty, there could not be, nor was there, in fact, any well grounded complaint against Britain for with- holding the western posts.
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For, as we understand the subject, a treaty, like other contracts, is not binding until finished, and ratified. That counting from the ratification, which, on the part of Great-Britain, was the 9th of April, 1784; and exchanged with the U. States, May 12, 1784 ; the posts might have been evacuated, yet as there was no precise time stipulated, nor demand made after ratification, the lapse of time had not been so great, as to authorise a charge of infraction, on that account. And this we suppose is fully corroborated by the silence of Virginia on that topic; on which, she would otherwise have complained.
Indeed, when we advert to the letter of Governor Clinton, under date of March 19th, 1784, to General Haldimand, and which we consider wants the authori- ty of the United States, and maturity, to make it a legiti- mate demand, for any of the posts ; and which letter is answered, from Quebeck the 10th of May 1784, we per- ceive there was no reasonable time, between those peri- ods, and the 22d of June in the same year, which dates the before recited act of the Virginia legislature, for a well grounded complaint of their detention. Nor does it appear to have been made.
Deeming this correspondence of sufficient importance for insertion, we shall give it literally :
" Copy of a letter from his Excellency Governor Clinton, to his Excellency General Haldimand, dated New- York, March 19th, 1784. " SIR,
" I NOW do myself the honor to transmit to your excellency the copy of a proclamation of the United
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States of America in congress assembled, announcing the ratification of the definitive treaty of peace, between these states, and his Britannic majesty, and enjoining a due observance thereof.
" Having no doubt that your excellency will as soon as the season admits, withdraw the British garrisons un- der your command, from the places they now hold within the U. States, agreeably to the 7th article of the treaty, it becomes a part of my duty to make the necessary pro- vision for receiving the post of Niagara and the other posts within the limits of this state, and it is for that pur- pose, I have now to request that your excellency would give me every possible information of the time when those posts are to be delivered up.
" Lieutenant-colonel Fish who will have the honor to deliver this dispatch, is entrusted to confer with your ex- cellency, and to endeavor to make such arrangements for the transaction of this business as shall tend to promote mutual convenience, and that harmony which it is the interest of both parties, and doubtless their desire to esta- blish.
" Ihave the honor to be, &c. " GEO. CLINTON.
" His Excellency General Haldimand."
" His Excellency General Haldimand's Answer to the foregoing Letter, dated Quebec, 10th May, 1784. " SIR,
" SOME accident, 'which has befallen the packet or messenger, has hitherto prevented me from receiving from England, any notification of the definitive treaty :
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but as in consequence of orders which I received last summer, subsequent to the ratification of the preliminary articles, all hostilities ceased, no great inconveniences havehitherto arisen from that misfortune. I only regret, that not having had the honor to receive orders and in- structions, relative to withdrawing the garrisons from the upper countries, which are without the limits assigned to the province under my command, by the definitive trea- ty, I cannot, at present, enter into any arrangements with Lieutenant-colonel Fish, or give your excellency the information which you desire.
My duty and my inclination is, to pay cheerful and punctual obedience to the orders and instructions which I shall have the honor to receive ; and your excellency may be assured, that upon every occasion, I will exert my utmost endeavors to promote harmony and mutual convenience between the subjects of both nations, as well as in my transactions with your excellency, or the United States of America.
" I have the honor fo be, &c. "FRED. HALDIMAND.
" His Excellency Governor Clinton."
On the 12th of July, 1784, Lieutent-colonel Hull; having arrived at Quebec, addressed the following letter to General Haldimand :
"SIR,
" I AM instructed to request of your excellency, in behalf of the United States of America, the precise time when each of the posts within their territories, now oc- cupied by his Britannic majesty's forces, will be deliver-
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ed up agreeably to the definitive treaty of peace, and to propose, as a matter of mutual convenience, an ex- change of certain cannon and stores now at the posts to be evacuated, for cannon and stores to be delivered at West Point, N. York, or some other convenient place. With regard to the first point, as the season of the year is already far advanced, and as much time will be required, in furnishing the necessary supplies for the garrisons dur- ing the winter, it is an object of very great importance, and I must beg leave to be solicitous with your excellen- cy to fix a very early period.
" As the posts of the above description are numerous, and it being probable that it may not be, convenient to withdraw the troops from the whole exactly at the same time,' I wish your excellency to fix the precise period when each will be delivered up.
" If your excellency approves the proposal of exchang- ing the cannon and stores, it will be necessary to fix on some criterion of their goodness : I would, therefore, propose, that the particular negociation be referred to two artillery officers, one from each side, who shall per- sonally inspect the cannon and stores, and in case of not agreeing, call in a third person.
" I have the honor to be, &c.
" WM. HULL.
" His Excellency General Haldimand."
And this we consider, to be the first regular, and le- gitimate demand, ever made for the evacuation, or deli- very of the posts.
The answers are subjoined.
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" His Excellency General Baldimand's answer to the fore-
going letter, dated Quebec, 13th July, 1784. L
" SIR,
"I HAVE had the honor of your 'etter of yesterday, and have communicated to Major- general Knox, by the enclosed letter, the reasons which put it out of my pow- er to enter, for the present, into the consideration of the matter mentioned in your letter.
" I have the honor to be, &c. " FRED. HALDIMAND. "' Lieutenant-colonel Hull."
" Copy of a letter from his Excellency General Haldimand, to Major-general Knox, dated Quebec, 13th July, 1784. "' SIR,
" I HAVE had the honor to receive your letter dated New-York, 13th of last June, by Lieutenant-colonel Hull, acquainting me you were directed by congress, the sovereign authority of the United States, to write to me, in order to ascertain the précise time when cach of the posts within the United States, now occupied by the troops of his Britannic majesty, shall be delivered, agree- ably to the definitive treaty of peace, and to propose, as a matter of mutual convenience, an exchange of certain cannon and stores, now at these posts, for cthers to be delivered at West Point, upon Hudson's river, New- York, or som'e other convenient place.
" I have the honor to enclose, for your information, copies of letters which passed between his excellency Go - vernor Clinton and me, upon the first part of your propo- sition. Though I am now informed by his majesty's
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ministers, of the ratification of the definitive treaty of peace, I remain, in other respects, in the same situation l then was, not having received any orders to evacuate the posts which are without the limits assigned, by the treaty of peace, to this province.
" It is, therefore, impossible for me to ascertain the time when the evacuation of these posts shall commence. I can only assure your excellency, that I shall lose no time in carrying into execution his majesty's orders on that head, when I shall have the honor to receive them.
" In the mean time, I have to acquaint you, that however desirous I am to consult mutual convenience, 1 am notat present empowered (and nave reason to thinn I will not in future be empowe ed) to make the exchange of cannon and stores proposed by you, and for which Lieutenant-colonel Ifull was authorised to make the pro- per arrangements.
" I have the honor to be, &c.
" FRED. HALDIMAND.
" His Excellency Major-general Knox."
'The terms of this correspondence are too perspicuous to need an observation.
The date will shew that Virginia had previously de- clared her intention of violating the treaty .
We have pursued the subject to this point that we might leave no obscurity in a case of so much interest, to Kentucky, and which we have never before seen present- ed in its true colors, to the public eye.
If indeed, the removal, or detention of the negroes, had been abreach of the treaty, it surely did not belongto
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Virginia, to declare that breach, and as a consequence, to refuse to execute the treaty on her part. Inasmuch, as con- gress, was charged with the foreign relations of the U. States, and possessed exclusively the treaty-making pow- er, and of course, the treaty-breaking power. Congress had not declared the detention of the negroes such a breach, as would warrant the non-execution of the treaty of the part of the United States. For long subsequent to the complaint about the negroes, to wit, on the 14th of January, seventeen hundred and eighty. four, congress had ratified the treaty, and recommended to the states, the restoration of confiscated property ; and otherwise, manifested an intention of executing it with good faith. But the experiment on the subject of con- fiscated property, soon proved to Great-Britain, that the head, was nothing, without the co-operation of the mem- bers ; and that, the declaration of Virginia, of the 17th December 1782, that she would not restore the property, and which was known in Englandin 1783, was of much more importance, than the recommendation, of congress.
It is believed that the terms of the treaty did not in- clude the negroes, in the possession of the British ; con- sequently their detention was no infraction of the treaty. And this idea would derive great confirmation, were it necessary, from comparing the terms of the same treaty, on the subject of stores, archives, records &c. which were to be restored, with the provision, as to the negroes, and other property, which were not to be carried away. But we do not mean to protract this discussion ; since it is very obvious, that permitting laws to remain in force
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which impeded the recovery of debts, was a palpable vi- olation of the treaty, and furnished an ample reason for the detention of the posts. And which, it presently became obvious, the British did not mean to surrender.
From this time the parties were at open variance. Provocations to ill will, and to obstinacy, were furnished on both sides ; while facts and arguments, became so nu- merous, distorted, and confused, that no ordinary capa- city could develope the right, from the wrong. In the United States, the prejudices, and the passions of the multitude, were completely enlisted against Great-Bri- tain : nor have they been liberated to this day. A few things the people could understand, as told to them ; and they were incessantly told, that .G. Britain, had not only made war, on them ; but that after peace, she was still their enemy-she had carried away the negroes-she had claimed the payment ofthe debts -- and she kept the posts.
The latter had the effect no doubt to keep up the hos- tility of the Indians against Kentucky ; and whatever might be the origin of the dispute, or the means by which it was perpetuated, the people of Kentucky could but dislike the British, then ; nor has there been wanting circumstances since, to perpetuate their animosity ; of which we shall have occasion hereafter, to take further notice,
In the summer of this year, SIMON KENTON, an early, intrepid, enterprising, and meritorious, adventur- er to Kentucky, with a small party, retook possession of an improvement which he had made in 1775, near the
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head of the right hand fork of Lawrence's creek; now in the vicinity of Washington.
Here he built a block-house, and prepared for a perma- nent residence ; being the first attempt made to extend the settlements into that section of the country. .
In the succeeding autumn, the family of George Clark, and some others, (Kenton being unmarried) ac- companied him, to his station ; which by becoming a barrier in that quarter, encouraged other settlements ; and afforded a protection of great importance to the e- migrants, who landed at Limestone : where Kenton, in company with Edward, and John Waller, raised a block- house, the same season.
At this place, we purpose paying that attention to Si- mon Kenton, which our own feelings, his merits, and the usefulness of history, unite in claiming at our hands.
Forever grateful to the heart of sensibility, be the me- mory of that man, who, owing to nature his existance only , has by a series of labor, and exertion, made one public service, but a step to another, equally, or still more, important than the preceding : who born in indi- gence, and nurtured in ignorance, found himself a man in the wide world, without a ray of science to guide him ; or even the rudiments, by which it was to be acquired ; and who resting upon himself alone, has by persever- ance in an honest course of public service, won rank, and fortune, 'and fame. Such a man is Simon Kenton ; whose biography it will be our agreeable business, to un- fold.
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Inthe county of Fauquier, and colony of Virginia, on the 19th of April, 1753, was Simon Kenton born, of poor, but respectable parents.
At the age of nineteen years, his total ignorance of let- ters, had no: impaire! his growth, nor checked the flow of his spirits ; he was straight, tall, robust, and athletic. The indecision of his sso.ct-beart, and the jealousy of a rival, drew him into a combat, which after the exchange of many hard blows, discomfitted his adversary-who however obstinately refused to be friends.
Kenton, now thinking himself a man, determin- ed to seek his fortune in another part of the world ; with this. view and to elude the enquiries of his friends, he migrated to the north-west, and changed his family name, to that of Butler. After some months residence, west of the Blue Ridge, he understood that his friends had heard of him ; and he removed to the neighborhood of Fort Pitt ; where he continued until 1773. Hearing that Doctor Wood, purposed descending the Ohio in quest of a new country, and rich land, Butler joined him, and soon after went down the river to the mouth of Cibin-creek ; making, various improvements on the bottoms, as they progressed. From the mouth of Cabin- creek, they returned to Fort Pitt, by the way of Green- bricr.
By this time, Simon Butler, was distinguished as a woodsman, and appointed a spy. An office of much importance, on an Indian frontier.
In 1774, Lord Dunmore made his campaign against the Indians, and was joined by Butler, whom he appointed
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one of his spies-and rangers. He was afterwards se- lected, by his Lordship to carry dispatches to Colonel Lewis, at the mouth of the Great Canhawa ; where the battle of the Point was faught, a few days after he left the place.
He attended Dunmore on his expedition ; was at the treaty with the Indians ; and again returned to Fort Pitt.
In February, 1775, accompanied by two other men, Butler, descended the Ohio, and landed about the place where Augusta now stands : thence he proceeded into the country, in search of rich land ; and being pleased with the appearances of the soil, water, &c. he selected, and improved, the place, which has been mentioned near Washington. He had now found the country for which he had been searching; and here he determined to fix his residence. After raising a cabin, he, with his companions, hunted out to the Blue Licks ; supposing as peace had recently been made, that no danger ought to be apprehended from the Indians.
This pacific idea however agreeable, was far from be- ing well founded. And Butler, after returning to his camp, from a hunt, found one of his comrades, murdered and thrown into the fire. Thence he proceeded south- wardly into the interior of the country ; touching at M'Cleland's camp, and assisting him to build his fort. He visited Harrodsburg, Logan's camp, and Boonesbo- rough.
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