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 16
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26
" Finally, we hope and expect that our representa- tives will cheerfully grant a request justified by the prin- ciples of our government, as well as by the necessities of our condition ; and that by an act of separation we shall be placed in the situation best adapted for attaining the advantages of a free and well regulated government; and that we shall likewise be recommended to congress to be taken into union with the United States of America, to enjoy equal privileges in common with them.
" And your petitioners shall ever pray, &c."
These resolutions, and this address to the legislature, clearly express the views and objects of the convention. € 2
1
234
HISTORY OF
A separation from Virginia, and future connection, with the other states, as a member of the confederation.
Taking, no doubt the conduct of the American con- gress for its guide in this momentous business, which had been assimilated to the separation of the colonies, from their parent country ; the convention determined to proceed with great caution, and equal moderation. In this spirit of prudence, and humiliation, they recommend it to the people to choose other representatives, to meet in another convention, for the purpose of revising their proceedings ; and of taking such other measures as should be necessary to effect the proposed separation.
Upon this subject it is worthy of remark that the con- vention, whose proceedings are now under review, re- cognised and sanctioned by an unanimous vote, the prin- ciple of EQUAL REPRESENTATION BY NUMBERS, contrary to the constitution of Virginia, whose repre- sentation, was by counties, without regard to populati- on.
This principle of equal representation by numbers, was recommended in theory, as essential in a form of government, which proclaimed an equality of rights, in all its citizens ; and in practice, by the example of seve- ral states, who had realised it ; although Virginia had not.
It has been doubted, by some able politicians, whether in reality the application of this equalising principle to numbers, has been attended with any perceptible advan- tage, over other forms of government, which give to pre-
$35
KENTUCKY.
cise districts, of unequal population, an equal represen- tation.
It will appear in the measures of this convention, that the leaders of separation, deemed it important to have the people on their side ; while it will be learned from histo- ry, that the state of population, suggested, what the state of society demanded, " an equal suffrage, and equal re- presentation." Had the convention possessed less po- litical sagacity than it did ; an ordinary instinct would have led it to the same result, as to representation ; for if equality ever really existed in a civilized community, it was in Kentucky-where danger, the mode of living, and other circumstances common to all, had placed all, on the same level.
The convention having adopted this new principle of representation, proceeded to apportion the number of re- presentatives to be chosen from each county, for the next convention.
No regular census had yet been taken, but by means of tythe lists, and muster-rolls, the number of the males in each county, could be ascertained with tolerable ac- curacy ; and these guided the apportionment. For the county of Jefferson six-for the county of Nelson six- for the county of Lincoln ten-for the county of Fayette eight, representatives were to be chosen, by the freemen of each county, on their respective court-days in the month of July ; to meet in convention at Danville on the second Monday in August succeeding.
The address to the legislature, was however not pre- sented, as will hereafter be explained.
236
HISTORY OF
Lastly, the convention address the people of the dis- trict ; explaining to them, more at large than they had expressed to the legislature, the reasons which recom- mended, and the causes which urged the separation ; and which were very well calculated to render the measure popular. As this address contains historical details- and forms altogether an interesting representation of the internal and political state of the country, we shall also insert it at full length :--
" To the inhabitants of the District of Kentucky.
" FRIENDS AND FELLOW-CITIZENS,
" WE your representatives, met in convention, in consequence of our appointment, beg leave to address you on a subject which we consider of the last importance to you, to ourselves, and to unborn posterity. In every case where it becomes necessary for one part of the com- munity to separate from the other ; duty to Almighty- God, and a decent respect to the opinions of mankind, require that the causes which impel them thereto, should be clearly and impartially set forth.
We hold it as a self-evident truth, that government is ordered for the ease and protection of the governed : and whenever these ends are not attained, by one form of go- vernment : it is the right, it is the duty of the people, to seek such other mode, as will be most likely to ensure to themselves and their posterity, those blessings to which by nature they are entitled.
" In the course of our enquiries, we find that several laws have passed the legislature of Virginia, which, al- though of a general nature, yet in their operation are
231
KENTUCKY.
particularly oppressive to the people of this district ; and we also find, that from our local situation, we are de- prived of many benefits of government, which every ci- tizen therein has a right to expect ; as a few facts will sufficiently demonstrate.
" We have no power to call out the militia, our sure and only defence, to oppose the wicked machinations of the savages, unless in cases of actual invasion.
" We can have no executive power in the district, ei- ther to enforce the execution of laws, or to grant pardons to objects of 'mercy ; because such a power would be in- consistent with the policy of government, and contrary to the present constitution.
" We are ignorant of the laws that are passed until a long time after they are enacted ; and in many instances not until they have expired : by means whereof penal- ties may be inflicted for offences never designed, and de- linquents escape the punishment due to their crimes.
" We are subjected to, prosecute suits in the High Court of Appeals at Richmond, under every disadvan- tage, for the want of evidence, want of friends, and want of money."
"Our money must necessarily be drawn from us, not only for the support of civil government, but by indivi- duals, who are frequently under the necessity of attend- ing on the same.
" Nor is it possible for the inhabitants of this district, at so remote a distance from the seat of government, ever to derive equal benefits with the citizens in the eastern
238
HISTORY OF
parts of the state ; and this inconvenience must increase as our country becomes more populous.
" Our commercial interests can never correspond with, or be regulated by theirs, and in case of any inva- sion, the state of Virginia can afford us no adequate pro- tection, in comparison with the advantages we might, (if 1 a separate state,) derive from the federal union.
" On maturely considering truths of such great im- portance to every. inhabitant of the district, with a firm persuasion that we were consulting the general good of our infant country, we have unani .. ously resolved, " that it is expedient and necessary for this district to be separated from Virginia, and established into a sovereign independent state, to be known by the name of the " commonwealth of Kentucky," and taken into union with the United States of America." In order to effect this purpose, we have agreed on a petition, to be present- ed to the legislature of Virginia, at their next session, praying that a separation may take place ; in which pe- tition are fully set forth such terms as we thought benefi- cial to our infant country, and not inconsistent for Vir- ginia to grant.
" It is generally admitted that this district ought at some period not far distant, to be separated from the go- vernment of Virginia.
" The only question then is, whether we are now of sufficient ability, either to fill the different offices of go- vernment, or to provide for its support ? In answer to the first part of this objection, examples have taught us, that sound principles and plain sense, suffice for every
239
KENTUCKY.
laudable purpose of government ; and we generally find that the liberty of the subject and the laws of the land, are in the highest reverenc:, at the foundation and rise of states, before the morals of the people have been vitiated by wealth and licentiousness, and their understandings entangled in visionary refinements and chimerical dis- tinctions : and as to the latter part, we have now in our power several valuable funds, which, if by procrastinati- . en we suffer to be exhausted, we shall be stripped of eve- ry resource but internal taxation, and that under every disadvantage : and therefore we do not hesitate to pro- nounce it as our opinion, that the present is preterable to any future period.
" By an act of the last session of assembly, we find, that the revenue law is now fully and immediately to be in force within the district, so that we shall not only pay a very considerable part of the tax for supporting the ci- vil government of the state but also be obliged to support our supreme court, and every other office we need in the district, at our own charge ; and weareofopinion, that the additional expence of the salaries to a governor, council, treasurer and delegates to congress, will for a number of years be more than saved out of the funds before alluded to, without any additional tax on the people.
" To impress you still more with a sense of our regard to your interests, as a free people, we have determined not to proceed in a matter of such magnitude, without a repeated appeal to your opinions ; we have therefore re- commended the election of another convention, to meet at Danville on the second Monday. in August next, te
240
HISTORY OF
take further into consideration the state of the district, and the resolves of this and the preceding conventi- on. In this election we hope you will be actuated by a serious sense of the important objects, which the propos- ,ed election is designed to promote."
Were we writing the history of the human mind, and speculating on the different views which the same man, or set of men, could take of the same objects, for differ- ent purposes, we should have matter for remark, by con- trasting the two addresses of this convention. But as this is not important in our present view of the subject, it will be sufficient toobserve that the address to the peo- ple which was soon promulgated, comprises a variety of topics, intended to affect their feelings, awaken their fears, and infuse into their minds disaffection towards the existing state of things : from the evils of which, they were taught to believe a separation only, could release them.
All revolutionists are sanguine, and no wonder that the promoters of separation partook of this disposition ; since it may well be conceded that the situation of the country realised many serious evils, while the proposed change, promised many important ameliorations.
This convention knew the necessity of having the peo- ple with them, in order to effect a separation : Their new draftsman held a glowing pen ; and hence the vi- vidness apparent in the representation of the local situ- ation of the district. Which partakes at least as much of oratory, as of history ; and which seems to have been as well written to effect an impatience among the people
241
KENTUCKY.
at their connection with Virginia, as the writer himself was anxious for the separation.
These observations will receive strong corroborations from the proceedings of the next convention. Which seemed to be anticipated with a common solicitude ; but various sentiments, by the people.
D2
242
HISTORY OF
CHAPTER VI.
CONTENTS OF CHAPTER VI.
The convention of August 1785 elected, and assembled agreeably to recommendation-its proceedings-applica- tion to the general assembly for an act of separation-the act passed, and inserted. Another convention to be elected in August 1786, again to decide on the expedien- cy of separation, in September-and provisionally to fix the period of separation .- Brief review of the proceed- ings, of congress in relation to Indian affairs-notice of the several Indian treaties-Colonel William Christian pursues a party of Indians over the Ohio, and is killed -a biographical sketch of him .- New countics formed -their names, and description.
WE have seen it recommended to the people of Ken- tucky, by a former convention, to elect at the July courts of this year, the members of another convention, to meet in August. This recommendation was universally at- tended to, especially by those who were in favor of the separation. July arrived, and the elections were made. August arrived, and the members met at Danville. On
243
KENTUCKY.
the eighth of the month they formed a convention ; and having organised themselves as usual, they proceeded to business.
A formal list of grievances, was now drawn up, and unanimously agreed to ; which is as follows, to wit :-
" 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 mat- ters to them recommitted, and have made several amend - ments, which having read in his place, and afterwards delivered in at the clerk's table ; where the same were again read and agreed to, as follows, viz.
" Your committee having maturely considered the im- portant subject 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 inter- vention of a mountainous desart of two hundred miles passable only at particular seasons, and never without danger from hostile nations of savages, precludes every idea of a connection on republ can principles, and origi- nates many grievances ; among which we reckon the following :
" Ist. It destroys every possibility of application to the supreme executive power, for support or protection in cases of emergency, and thereby subjects the district to continued hostilities and depredations of the savages ; re- laxes the execution of the laws, delays justice, and tends to loosen and dissever the bonds of government.
1
244
HISTORY OF
" 2nd. 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.
" 3d. It renders difficult and precarious the exercise of the first and dearest right of freemen-adequate repre- sentation-as no person properly qualified, can be ex- pected, at the hazard of his life, to undergo the fatigue of long journies, and to incur burthensome expenses, by devoting himself to the public service.
" 4th. 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.
" 5th. It renders a compliance with many of the duties required of sheriffs and clerks, impracticable ; and ex- poses those officers, under the present revenue law, to inevitable destruction.
" 6th. It subjects the inhabitants to expensive and ru- inous suits in the High Court of Appeals, and places the unfortunate poor, and men of mediocrity , completely in the power of the opulent.
" 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 are, Ist. the laws for the establish- ment 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 public buildings, o- blige us to build our own court-house, jail and other buildings, by a special poll tax imposed upon the inhabi-
245
KENTUCKY.
tants of the district, and leaves several officers of the court without any certain provision.
" 2nd. The law imposing a tax of five shillings per hundred acres, on lands previously sold, and directing the payment thereof into the registers office, at Rich- mond, before the patent shall issue : the same princi- ples which sanctify this law, would authorise the legisla- ture to impose five pounds per acre on lands previous- ly sold by government on stipulated conditions, and for which an equivalent hath been paid ; and is equally sub- versive of justice as any of the statutes of the British parliament, that impelled the good people of America to arms.
" 3d. General laws, partial and injurious in their ope- ration : such are the laws, Ist .- concerning entries and surveys on the western waters. 2. Concerning the ap- pointment of sheriffs. 3d. For punishing certain offen- ces injurious to the tranquility of this commonwealth,- .which last law prohibits, while we experience all the ca- lamities which flow from the predatory incursions of hos- tile savages, from attempting any offensive operation : a savage, unrestrained by any law, human or divine, des- poils our property, murders our fellow-citizens, then makes his escape to the north-west side of the Ohio, is protected by this law.
" Whereas all men are born equally free and indepen- dent, and have certain natural, inherent and unalienable rights ; among which are the enjoying and defending life and liberty, acquiring, possessing and protecting property and pursuing and obtaining happiness and safety,
246
HISTORY OF
" Resolved therefore, That it is the indispensible 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 ensu - ing session, for an act to separate this district from the present government forever, on terms honorable to both and injurious to neither ; in order that it may en- joy all the advantages, privileges and immunities of a free, sovereign and independent republic.
" Unanimously agreed to by all the members present, whose names are hereto annexed; Mr. Saml. M' Dowell, President, Mr. George Muter, Mr. Christopher Irvin, Mr. William Kennedy, Mr. Benjamin Logan, Mr. Ca- leb Wallace, Mr. Harry Innes, Mr. John Edwards, Mr. James Speed, Mr. James Wilkinson, Mr. James Gar- rard, Mr. Levi Todd, Mr. John Coburn, Mr. James Trotter, Mr. John Craig, Mr. Robert Patterson, Mr. Richard Terrell, Mr. George Wilson, Mr. Benjamin Sebastian, Mr. Philip Barbour, Mr. Issac Cox, Mr. Isaac Morrison, Mr. Andrew Hynes, Mr. Mathew Walton, Mr. James Morrison, and Mr. James Rogers."
The model of this document is to be found in the De- claration of American Independence. Nor does that de- tract from its merit.
The convention having laid as it supposed, the firm basis of a separation ; and thrown aside the former ad- dress to the Legislature, as too frigid, and insipid ; now proceeded to draft, and adopt one better agreeing with the improved feelings, and greater anxiety, of the new mem- bers, which the repeated agitations of the same topics had
247
KENTUCKY.
excited in minds naturally ardent, and open to new views of their situation.
That we may hand down, with good faith, to poste- rity, the views which had been taken, the impression re- ceived, and the sentiments imbibed, and cherished, in relation to the local and political condition of the coun- try, we shall insert this address at large :-
"GENTLEMEN,
" The subscribers resident in the counties of Jeffer- son, Fayette, Lincoln, and Nelson, composing the dis- trict of Kentucky, being chosen at free elections held in these counties respectively by the free men of the same; for the purpose of constituting a convention, to take in- to consideration, the general state of the district, and ex- pressly to decide on the expediency of making applica- tion 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 ad- dress you on the momentous occasion.
" The settlers of this distant region, taught by the ar- rangements of Providence, and encouraged by the con- ditions 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 it's near approach :- irreconcilable as has been their situation to a connexion with any community beyond the Apalachian mountains other than the fe- deral union ; manifold as have been the grievances flowing therefrom, which have grown with their growth,
248
HISTORY OF
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 usto enter upon the support of facts and consequences, which we presume are incon- testible ; our sequestered situation from the seat of gov- ernment, with the intervention of a mountainous desart of two hundred miles, always dangerous, and passable Only at particular seasons, precludes every idea of a con- nexion on republican 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 inconsiderate zeal of a few, 'tis not that impa- tience of power to which ambitious minds are prone ; nor yet the baser considerations 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 expan- ding evils, and irremediable grievances, universally seen, felt and acknowledged, to obey the irresistible dictates of self-preservation, and seek for happiness by means honorable to themselves, honorable to you, and injurious to neither.
249
KENTUCKY.
" Wetherefore, with the consent, and by the authority of our constituents, after the most solemn deliberation, being warned of every consequence which can ensue, for them, for ourselves, and for posterity unborn-do pray that an act may pass at the ensuing session of as- sembly, 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 scru- pulous adherance to principles of private justice, and pub- lic honor : we should most willingly at this time enter in- to the adjustment of the concessions which are to be the condition of our separation, 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 re- ceived into the continental union on the recommendation of our parent state.
" Our application may excite a new spectacle in the history and politics of mankind. A sovereign power sole- ly intent to bless its people, agreeing to a dismember- ment 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 lustre of that spark which kindled the flame of liberty, and guided the
250
HISTORY OF
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 ori- ginate a precedent which may liberalize the policy of nations, and lead to the emancipation of enslaved mnil- lions.
" In this address we have discarded the complimentary style of adulation and insincerity. It becomes freemen when speaking to freemen, to employ the plain, manly, unadorned language of independence, supported by con- scious rectitude."
In this address, we recognise the florid writer, and elo- quent orator, General James Wilkinson. This gentie- man had removed his family to Kentucky in the autumn of 1784, and was elected va member of the convention from the county of Fayette. If nature, education, and some knowledge of parliamentary proceedings gave him a decided advantage over the other members of this con- vention, he did not want vanity to perceive it, nor am- bition to avail himself of a circumstance so much in his favor, and so convertible to his purposes.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.