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 19
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THE legislature not influenced by the new princi- ples, adopted by the late convention, adhered to afepre-
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sentation by counties ; assigning'to cach county five re- presentatives ; making in all, thirty-five representa- tives, for the convention of 1786.
The people very peacibly conformed themselves to ei- ther mede, as they were required by the convention, or by the legislature. The contents of the act of separati- on, were not in all respects relished by the popular lea- ders of the day.
Complaints were made of the delay introduced, by again submitting the question of expediency, to be de- c ded, after so many previous expressions of the public sentiment. Some of the terms were thought inexpedient -and considerable dissatisfaction and impatie. ce, were expressed, and diffused by several of the leading mnom- bers of the last convention ; but by none more than by General Wilkinson. He declared that the circumstan- ces of the country would not admit of the delay ; and that throwing off the authority of Virginia, the people would meet with no obstacle to their wishes or attain- ing independent government, and the means of taking care of themselves. Which he suggested was essential to their safety, and prosperity ; and without which they were not only exposed to the invasion of the savages, whom they were forbidden to invade, but that they were also exposed to a variety of unjust and oppressive acts, imposed on them by Virginia; who being herself se- cure, and at case, had lost all fellow-feeling for the peo- ple of Kentucky.
As the election for members to the convention ap- proached, it was given out by General Wilkinson, and
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repeated by his particular friends, that he should address " the people assembled at Lexington, on the first day of the ensuing election, in a public speech ; in order to persuade them to an immediate separation, instead of waiting the time prescribed by the act, of the legislature.
To so:ne, this idea seemed agreeable, to others the cause of much alarm. We determined on an oppositi- on. . The day arrived- the people assembled-the Ros- frun was erected-the speech was made, and opposed. This particular subject of controversy, was the time of separation ; and whether it should take place by an in- herent right in the people to govern themselves, or be regulated by the act of the general assembly.
The address of the General was predicated upon a se- paration prior to the time, allowed by the law. In reply, considerable stress was laid upon th s circumstance, to shew its- impropriety. Tookviste this argument which apparently had weight with the audience ; the General, explained the word posterior (which will be observed in the act) to mean before, not after ; and which was all- important as to the time of separation.
Upon this topic he was reduced to this d lemma, that he either, did not know the meaning of the word, or meant to impose upon the people.
That in either case, he was unfit to guide ; and un- . . safe to follow.
That the error was palpable, to those who understood their mother tongue, and must proceed, from the weak- ness of his head, or the wickedness of his heart ; but as the one implied only ignorance, and the other guilt ;
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cur liberality compelled us to acquit him of the latter ; while we left to his own candid acknowledgment, his ex trication from the former.
The acknowledgment was not made ; nor this opposi- tion forgiven.
The speeches, over, some agitation appeared among the people, many of whom, and especially those from the remote parts of the county, who were less, or not at all, under his influence, murmured in opposition to his proposition for immediate separation. Those about Lexington, where his personal influence was great, and where his party in the election was formed, deemed the moment inauspicious to his election, and the poll was not opened for taking votes, until late in the day : and when opened, the General received but few votes, among those who were polled. 1
The sheriff, who superintended the election, was in the General's interest : a resort tostratagemn was thought necessary, and the poll was closed for the day, aftertak- ing about one hundred votes, out of more than five hun- dred people, who attended to give their suffrages.
The law authorised the election to be continued from day, to day, for five days ; and those who were disap- pointed, of their vote on the first, proclaimed that they should return on the last day, and giveit in. This sug- gested the means to be employed to secure Wilkinson's election-he had recourse to the militia officers, who fa- vored his project of ordering militia musters on the last day of the election, in such parts of the county as were thought to be against him ; to these rausters the peop's
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were summoned, which prevented many from attending the election. While those known to be more favorable to him were urged to come forth, and vote ; whereby the General, and those on the same ticket, were elected.
It is thus, the people are often deceived under speci- ous pretexts, and cheated, by their demagogues, who laugh at their credulity, and deride their simplicity. The event of the election, left considerable discontent on the minds of those who were opposed to an immediate, or irregular separation.
The arts of popularity had been practiced by General Wilkinson with much assiduity, and success.
Whatever truth there may be in the observation "that the w'y to ladies' hearts, is through their eyes ;" Wil- kinson's exper ence had taught him, " that the way to men's hearts, is, down their throats." He lived freely, and entertained liberally. He surrounded himself with the idle young men, of both town, and country, who loved him dearly ; because they loved his beef, his pud- ding, and his wine. They served to propagate his opi- nions, to enhance his fa ne, to promote his popularity, and to serve him in elections : objects of primary consi- deration with him.
Most of the aspiring and influential men in the coun- try were in favor of a separation, ostensibly, upon legal principles. And most of these, now considered Wil- kinson as the leader.
It is believed that the General was the first, if not the only one, who had publicly advocated a separation con- trary to law. So intent however were the separatists
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upon the accomplishment of their favorite object, that. but few permitted themselves to see in the late conduct of General Wilkinson, the disorganising spirit of an as- piring demagogue. Some few derived apprehensions of danger, to the internal peace of the country, from the in- fluence of a character, in which talents, and address, were made subservient, to an ambition, boundless as space, and restless as the ocean.
What but ambition like his, whose qualifications pla- ced him high in the first rank of talents in the country, could induce him to stoop to the level of the meanest man' in society , to court the suffrages, -or to walk the street, arm, and arm, with men of depraved, and sottish habits ; but who admired the General, an'd said, or swore, whatever he deemed necessary, or they imagined, con- ducive to his fame ?
In the other parts of the country the elections produced little or no agitation. The requisite number of mem- bers were every where chosen ; while the people by this time familarised to the idea of separation, awaited the decision of the convention, with the less anxiety, as a legal and constitutional separation was every day be- coming more and more expedient ; nor was any ther tolerated by the people, in general.
In the mean time the Indians of the West, and North, frequently crossed the Ohio, and depredated on the fron- tiers of Kentucky. Representations had been made by some of the county Lieutenants, to the executive autho- rity of the commonwealth, and an answer received from the Governor, that he had addressed congress on the
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subject of defending the frontier, and urged the adop- tion of some effectual mode of protection for the Ken- lucky district, in particular. That Congress should take no immediate notice of this address, is the less a
- matter of surprise, when we combine with its known ..
imbecility, a recollection of the treaties which had been recently made with those Indians. The fact of inatten- tion was however announced, and served to increase an irritation, as natural to the people, as it was agreeable to those who were not averse to the progressive alienati- on of the western country.
While however congress took no measure, to afford the desired security to the frontiers, the Executive of the state, gave some general instructions to the comman -. dants of counties to adopt the necessary means of defence.
In the convention of August 1785, it had been re- commended to the militia officers to assemble in their respective counties, and concert such plans as they might deem expedient for the defence of the country-" or for carrying expeditions against the hostile nations of Indi- ans." The spirit of this resolution was now adopted, under the late orders of the executive, and an expediti- on determined on, to be marched against the tribes on the Wabash, as having been the most troublesome.
General Clark, was to have the command in chief ; and a call was made on the militia, for volunteers, to be commanded by their own officers.
An army of about one thousand men was soon rais- ed, and assembled at the Falls of Ohio; where their provisions and ammunition, for the expedition from St.
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Vincents, were embarked in nine keeled-boats, to be transported by water to that place ; whence the General, with the troops directed his march, by land. Having reached the vicinity of that post, the army, lay there nine days, awaiting the arrival of the boats. These had been obstructed, and detained by the shoals, and low water in the Wabash ; until one half of the provision was spoiled : while all that which had been moved by land was exhausted, except a few bullocks. Already had a spirit of discontent manifested itself in the camp. The army was however put into motion upon short al- lowance, and marched several days in a direction for the Indian town ; to which it was said General Clark had dispatched a flaz, offering peace, or war. This rumor added to the want of provisions', and other circumstan- ces, converted previous restlesness, into positive disaf- fection among the troops ; which being fomented by some officers of rank, who were displeased with the Ge- neral, at about two days march from the Indian town, three hundred men, early one morning, turned their backs upon the camp, and took the road home; notwith- standing the most earnest entreaties of General Clark, to the contrary. A scene more humiliating cannot well be conceived. The General, who saw the whole effect of this mutiny and disorder, not only used the most con- ciliating terms of solicitation, but actually shed tears, in his address to the disafected, without being able to di- vert them from their purpose. As to coercion, it was out of the question. The army was now broken, those who remained in camp, were deeply affected, by a sense of
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their situation ; the enemy were apprised of their march ; their strength reduced by desertion ; the camp almost destitute of provisions ; and no certainty of getting any, should they proceed, and take the Indian town ; nor even upon their return to St. Vincents, were they cer- tain of a supply. After a short, and ather tumultuous council, orders were given to decamp, and return. The two parts of the army were reunited in the evening, and camped together. They continued their march to St. Vincents, without much order ; at that place the whole body was broken into small parties, and came in by de- tachment, or rather without order ; and terminated an expedition of much promise, in confusion, and disgrace.
General Wilkinson, who was at the Falls of Ohio, wrote to a friend in Fayette, " that the sun of General Clark's military glory was set, never more to rise." There was much meaning in this sentence, which those who had fathomed Wilkinson, knew how to interpret, and appreciate.
Rumors, were indeed unfavorable to General Clark. But those rumors were set afloat, by his enemies, who wanted an apology for their own conduct ; and who in their turn were accused of fomenting, the insubordinati- on, of which they availed themselves to terminate the campaign.
Candour however, extorts a confession, which is made with regret, that General Clark at this time, " was not the man he had been." A high sense of in- justice, and a mind corroded by chagrin, had been left with General Clark, by the government, whose territory
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he had enlarged, and whose reputation he had raised to renown ; which in the ennue and mortification, incident to a state of inaction, had saught extinguishment, or oblivion, in the free use of ardent spirits.
He was accused, with too much truth, for his fame, with frequent intoxication ; even in his camp.
There was however another branch of this military en- terprise, which was executed with better fortune.
Colonel Benjamin Logan crossed the Ohio with Gen- eral Clark, on his march to St. Vincents. In the camp on Silver Creek, it was decided in a consultation on the subject, that Colonel Logan should return, raise a party, with all possible dispatch, and march against the Shawa- nees, whose attention would be taken up by rumors of the army on the Wabash. Logan accordingly left the 1 camp, returned home, and in a short time mustered a sufficient number of mounted riflemen to commence the expedition. His march was rapid, he surprised one of the Shawanee towns, killed some warriors, took a few men prisoners, and brought away the women and chil- dren, of some others. No loss is recollected to have happened in Logan's detachment. As mankind are prone to seek palliatives for misfortune, the success of Colonel Logan's expedition was made to console the country for the miscarriage of that under the command of General Clark.
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It was asserted by the friends of General Clark, nor do we recollect that it was denied by his enemies, that he was opposed to lying in camp on the Wabash for the arrival of the boats, that he advised an immediate and ra-
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pid march, with the provision and animunition which they had, with orders that the rest when landed, should be brought by a detachment, to be left on command for that purpose. And when we recollect his former ex- peditions, conducted with such unexampled secrecy and dispatch, we cannot doubt the truth of the report.
But he was overruled by a plurality of voices. 'And to this delay, may be attributed the failure of the cam- paign. For nothing is more true, than that inactivity among undisciplined troops, generates, discontent, and faction, and mutiny.
While these transactions, engaged a part of the milita- ry citizens of the country in the field, the 4th Monday in September arrived, on which day the convention was to meet, under the act of separation.
Some of the members attended, when it was ascertain- ed, that so many of them were on the two expeditions that a quorum could not be had to do business. On the 25th of the month the members present, under the deno- mination of committee, prepared a memorial to the Le- gislature, containing a statement of the causes, which prevented the convention, from being formed, and pro- ceeding to business ; and withal requesting, that some alterations might be made in the terms of separation.
This memorial was transmitted to the care of John Marshall, resident in Richmond, to be laid before the General Assembly ; which was accordingly done. And which produced a supervision of the first, and the pas- sage of the second act of separation ; as will be noticed in another place.
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In October of this year, a large number of families, travelling by land to Kentucky, known by M&Nett's company, were surprised in camp by a party of Indians, between Big, and Little Laurel River, and totally de- feated with the loss of twenty-one persons killed, the rest dispersed, or taken prisoners.
About this time, Captain Hardin, from the south- western part of the district, with a party of men, made an excursion into the Indian country, surrounding the Saline; he fell in with a camp of Indians whom he at- tacked, and defeated ; killing four of them without any loss on his part.
Sometime in December, Hargrove and others, were defeated at the mouth of Buck Creek, on Cumberland River. The Indians attacked in the night, killed on; man, and wounded Hargrove ; who brought off the Indi- an's tomahawk, obtained in che scuffle.
In this year also, Benjamin Price was killed near the three forks of Kentucky River.
So extremely soliciteus were those members of conven- tion, who had attended their seats, to preserve the exis- tance of the body to which they belonged, that a part of them, with their clerk, attended, and adjourned every day, until some time in January 1787 ; when a quorum was formed. The question was again proposed, whe- ther it was expedient for, and the will of the gord people of the district, that the same should become a state separate from, and independent of Virginia, upon the terms of the act-and answered in the affirmative.
At this important, and eventful crisis, the second act
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In addition to the first, and requiring another conventi- on, was received by the president, in a letter, from a member of the legislature.
It is not easy to describe the di-confiture, and cha- grin, attending this communication. Those who, the moment before felt themselves big with the future desti- nies of the country, discovered in an instant, that the vote they had just given, was without authority, that they were mere private individuals, and that the next steptaken by them as a convention, would be an act of usurpation.
Such however was their sense of moral, and legal ob- ligation, that they immediately desisted, and soon after returned to their homes.
Those among the leaders, who were extremely san- guine in their expectations of office, and emolument, under the new order of things, murmured at the recent disappointment ; and endeavored to throw an odium on the Legislature, for an act rendered necessary, by oc- currences in Kentucky, over which they had no con- troul. The expeditions of 1786, the failure in the con- vention of September to act under the first law-the consequent impracticability of that law-and finally the applic tion of a committee, of the members of the same convention, to alter the law ; necessarily led to that course of conduct on the part of the Legislature, which in reason should have been expected ; but which in pas- sion, was reprobated.
Mr. Marshall, to whom the memorial of the commit- tee had been transmitted, and who had attended to it be-
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fore a committee of the legislature, by letter, stated the reasons which influenced the General Assembly in pass- ing the new law. Which in substance, were ---
First-That the original law, requiring a decision on the subject of separation, in time, if adopted, for con- gress, to determine on the admission of Kentucky into the union, before the first of June 1737, could not, in consequence of delay, be carried into effect.
Second -- That the twelve months existance allowed to the convention for other purposes; might in the divi- ded state of public opinion, involve difficulties-especi- ally as there did not appear to be in the minority, a dis- position to submit, to the will of the majority.
Third -- That the proceedings of the convention, iwould be subject to objection, in consequence of defects in the law. 1
Fourth-That the most safe, accommodating, and un- exceptionable, course would be, to pass a new law, in which the defects of the former act might be corrected ; and to call another convention, to the decisions of which, even the disappointed, could make no reasonable objection.
The result of this reasoning is to be found in the fol- lowing act :--
6' An act making further provision for the ercction of the District of Kentucky into an Independent State.
" Whereas it appears that the representatives elected in pursuance of the act, entitled, " An act concerning the erection of the District of Kentucky into an Independent State,"' have been hindered by unforeseen events from
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meeting at the time proposed, and determining the ques- tion referred to them ; and it is considered that no such determination can now take place within the time ne- cessary for its receiving the assent of congress prior to thé first day of June next, as required by the act under which the said representatives were elected.
And whereas it continues to be the purpose of the Ge- neral Assembly, that the said district shall become an in- dependent state; on the terms and conditions specified in the act aforesaid, whenever the good people thereof shall so determine and the United States in Congress shall thereof approve ; Be it enactel by the General Assembly, that in the month of August next, and on the respective days and places of holding courts in the several counties within the said district, five representatives for each county to continue in appointment for one year and to compose a convention with the powers and for the pur- poses herein after mentioned, shall be elected by the free male inhabitants of the county. The elections shall be conducted in like manner with the like promulgation of this act to the electors, and with the like penalties for ne- glect of duty in the officers, as were prescrib d for the e- lections held under the act above recited. The conven- tion shall be held at Danville on the third Monday of September ensuing, or whenever thereafter a sufficient number shall be assembled. Five members assembled shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations, or refusals to act. A majority of the whole shall be a sufficient number to
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chuse a president and other proper officers, to settle the proper rules of proceeding, to authorise any number of members to summon a convention during a recess, and to act in a'l other instances, where a greater number is not expressly required. Two-thirds of the whole shall be a sufficient number to determine whether it is ex pe- dient for and be the will of the good people of the said district, that the same be erected into an independent state, on the terms and conditions specified in the act a- bove recited : Provided, That no vote shall be consider- ed as deciding this question either in the affirmative or negative, unless a majority of the whole number to be c- lected shall concur therein.
" And provided, that in case two-thirds of the whole shall not assemble within fifteen days after the day ap- pointed for the meeting, a decision in which a majorit y of the whole shall concur, shall be valid although the number present be less than two- thirds of the whole.
" And be it further enacted, that in case the said con- vention shall approve of an erection of the said district into an independent state, on the terms and conditions above referred to, they shall and may proceed to fix a day not later than the first day of January one thousand seven hundred and eighty-nine, on which the authority of this commonwealth and of its laws under the excepti- ons, specified in the act above recited, shall cease and determine forever over the said district, and the articles specified in the said act shall become a solemn compast mutually binding on the parties, and unalterable by ei- ther, without the consent of the other.
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" Provided bowever, that prior to the fourth day of July one thousand seven hundred and eighty. eight, the United States in Congress shall assent to the erection of the said district into an independent state, shall release this commonwealth from all its federal obligations aris- ing from the said district, as being part thereof, and shall agree that the proposed state shall immediately af- ter the day to be fixed as aforcsaid, or at some convenient time future thereto, be admitted into the federal union. And to the end that no interval of anarchy may happen to the good people of the proposed state ; it is to be un- derstood that the said convention shall have authority to take the necessary provisional measures for the election and meeting of a convention at some time prior to the day fixed for the determination of the authority of this conmonwealth and of its laws, and subsequent to the no- tulied assent of congress to the proposed erection of the said district into an independent state, with full power and authority to frame and establish a fundamental con- stitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be abrogated or altered by the legislative au- thority acting under such constitution. This act shall be transmitted by the executive to the delegates repre- s enting this state in congress, who are hereby instruct- ed to use their endeavors to obtain from congress a spee- dy concurrence in the measure proposed by this act, and the act heretofore passed entitled " An act concerning the erection of the District of Kentucky into an Independent Ştate."
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