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 20
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It is true that this law replaced the separatists, at the starting po'e, again to run the race of popular opinion, and to encounter the incidents of delay ; but time brought to their ald, new circumstances and events, convertable to their purposes, and calculated to subque existing ob- jections to the proposed separation. By so ... e these oc- Currences were seized with avidity, to rouse, i .. flam", and disaffect the minds of the people, not only in relati- on to Virginia, but the atlantic states ; and even to the confederation. The navigation of the Mississippi river, and Indian hostilities, were two subjects, possessing in- exhaustible themes for popular declamation. Both ex- tremely interesting to the people ; and each, beyond the power, or controul of congress, or Virginia.
Intelligence was brought to Co onel John Logan, of 1 Lincoln county, that one of its inhabitants by the name of Luttrel, was killed by Indians ou Fishing Creck, upon which the Colonel collected a party of his militia, repair- ed to the place, fell upon their trail, pursued them across the Cumberland River, came up with them in their own territory, fired on them, killed several, dispersed the rest, retook the plunder, and all their furs, and skins : with these he returned in triumph.
The tribe to which these Indians belonged, being in- cluded in one of the treaties of HOPEWELL, clain.ed the benefit of that treaty, and charged the aggression to Ken- tucky, in a complaint to the Executive. This produc- ed an instruction to Harry Innes, Attorney General for the District ; to suppress the, like practices, by public prosecution. To which that officer replied, in a letter
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dated the 21 st of July 1787-" In my official capacity I cannot do it-in a private capacity, it would render me odious." " The Indians (says he) have been very trou- blesome on our frontiers, and still continue to molest us, from which circumstance I am decidedly of opinion, that this western country will in a few years act for themselves, and erect an independent government ; for under the present system we cannot exert our strength, neither does congress seem disposed to protect us, for we are informed that those troops, which congress directed the several states to raise for the defence of the western country are disbanded. I have just dropped this hint to your excellency for matter of reflection." Whatever may be thought of the logic in these extracts, the senti- ment is pretty clearly expressed in favor of absolute in- dependence-for the writers decided opinion was " that the western country will in a few years act for itself, and erect an independent government." Neither Virginia, nor the United States, doing what was necessary for her defence.
This hint, was just dropped to the Governor for his reflection. Innes was one of General Wilkinson's bo- som friends, whose character this history will develope.
But little had hitherto been said about the navigation of the river, when about the month of March 1787 " a communication was made from a corresponding con mit- tee in the western part of Pennsylvania to the people of Kentucky, that John Jay , the Amer can secretary for fo- reign affairs, had made a proposition to Don Gardoqui, the Spanish Minister, n.car the United States, to cede
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the navigation of the Mississippi to Spain, for twenty- five, or thirty years, in consideration of some commerci- al advantages to be granted to the United States ; but advantages from which the people of the western coun- try could derive no advantages."
This information so communicated, far from soothing the discontented, afforded a fine subject for declamation against congress, and the eastern states, whose supposed apathy to the western country, on the subject of defence, had already been converted into positive and wilful ne- gligence, by the agitators of separation. The District court was at the time, sitting in Danville, the members of whose Bench, and Barr, were generally among the leaders of separation ; and being attended by many persons of respectability, from different parts of the dis- trict, a meeting was proposed, and held; the result of which was, that a committee was appointed to communi- cate the information to the people at large ; and to re- commend to them, the election of five representatives, in each county, at the ensuing April courts, who were to meet at Danville the May following, to take the sub- ject into consideration. This duty was discharged, in the following circular :
" Circular letter directed to the different courts in the Western Country.
"KENTUCKY, DANVILLE, March 29th 1787. " Gentlemen,
"A RESPECTABLE number of the inhabitants of this district, having met at this place, being greatly alar- med at the late procedure of Congress, in proposing te
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dede to the Spanish court the navigation of the Mississip- pi river, for twenty-five or thirty years, have directed us to address the inhabitants on the western waters, and inform them of the measures which it is proposed for this district to adopt.
The inhabitants of the several counties in this district, will be requested to elect five members in each county, to meet at Danville on the first Monday in May, to take up the consideration of this project of congress-to pre- pare a spirited, but decent, remonstrance against the cession ; to appoint a committee of correspondence, and to communicate with one already established on the Mo- nongahela, or any other that may be constituted-to ap- point delegates to meet representatives from the several districts on the western waters, in convention should a convention be deemed necessary-and to adopt such other measures, as shall be most conducive to our hap- piness. As we conceive that all the inhabitants residing on the western waters, are equally affected by this par- tial conduct of congress, we doubt not but they will rea- dily approve of our conduct, and cheerfully adopt a simi- lar system, to prevent a measure which tends to almost a total destruction of the western country. This is a sub- ject that requires no comment -- the injustice of the mea- sure is glaring-and as the inhabitants of this district wish to unite their efforts, to oppose the cession of the navigation of the Mississippi, with those of their bre- thren residing on the western waters, we hope to see such an exertion made, upon this important occasion, as may convince congress that the inhabitants of the wes-
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tern country are united in the opposition, and consider themselves entitled to all the privileges of freemen, and those blessings procured by the revolution ; and will not tamely submit to an act of oppression, which would tend to a deprivation of our just rights and privileges.
" We are, Gentlemen,
" With respect,
" Your mnost obedient servants,
" GEORGE MUTER, " HARRY INNES, " JOHN BROWN,
" BENJAMIN SEBASTIAN."
In most of the counties, elections were accordingly held; and at the time appointed, several. members at- tended-ve among them-who ater conferring toge- ther, and ascertaining that the Legislature, had taken the subject into consideration, in consequence of an ap- plication to congress, for powers to effect the proposed treaty with Spain ; and had not only remon trared against the cession of the river, but instructed the state delegates in congress, to oppose the measure ; considering them- selves completely anticipated, dispersed without doing any thing further.
This temperate and prudent course of conduct it is be- lieved, gave very general satisfaction to the people, who very rationally reprsed the defence of their public rights upon the regularly constituted organs of public will.
Ifindeed Virginia, in the course of the contest for in- dependence, when anx cus for its acknowledgment by Spain, as one of the great European powers, and yet
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more solicitous to place that independence beyond the . reach of the public enemy, had assented to an authority in congress to make the navigation of the Mississippi, a subject of barter for that acknowledgment ; the power itself had not been acted on, and was revoked on the es- tablishment of peace. Besides, the importance of that navigation, had now assumed a growth, and size, by means of the western population, which did not exist, and could hardly have been anticipated, at the time the authority alluded to, had been given. Kentucky was not the only part of Virginia now interested in the na- vigation of the river ; the people of Holston, of the Can- hawa, and upper waters of Ohio, equally felt themselves concerned-In addition to this, her neighboring states, of Pennsylvania, and Carolina, were parties of no in- considerable weight, whose interests were implicated. They had their representatives in the councils of the na- tion, whose sympathies were in the most perfect unison with the resolutions of Virginia, which evince her early and ardent attention to the subject, and which we shall give in her own language :-
" RESOLVED unanimously, That a copy of the memorial of sundry inhabitants of the western country, be transmitted to the delegates representing this state in congress.
" Resolved unanimously, That the common right of navigating the Mississippi and of communicating with other nations through that channel, be considered as the bountiful gift of nature to the United States, as pro-
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prietors of the territory watered by the said river and its castern branches. 1
" Resolved unanimously, That the confederacy having been formed on the broad basis of equal rights in every part thereof, to the protection and guardianship of the whole, a sacrifice of the rights of any one part to the supposed or real interest of another part, would be a flagrant violation of justice, a direct contravention of the end for which the federal government was instituted, and an alarming innovation of the system of the Union.
" Resolved therefore unanimously, That the delegates representing this state in congress be instructed in the most decided terms to oppose any attempts that may be made in congress to barter or surrender to any nation whatever, the right of the United States to the free, and common use of the river Mississippi; and to pro- test against the same as a dishonorable departure from that comprehensive and benevolent policy which con- stitutes the vital principle of the confederacy, as provo- king the just resentments and reproaches of our western brethren, whose essential rights and interests would be thereby sacrificed and sold, as destroying that confidence in the wisdom, justice, and liberality of the federal coun- cils which is so necessary at this crisis, to a proper en- largement of their authority, and finally as tending to undermine our repose, our prosperity and our union it- self, and that the said delegates be further instructed to urge the proper negociations with Spain, for obtaining her concurrence in such regulations, touching the mu- tual and common use of the said river, as may secure
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the permanent harmony and affection of the two nations and such as the wise and generous policy of his Catholic Majesty will perceive to be no less due to the interests of his own subjects than to the just and friendly views of the United States."
Well as this measure was adapted to prevent a cession of the right to navigate the Mississippi, it yet remained with Spain who possessed its banks, and ports, to permit the exercise of that right within her territories-she had uniformly refused that permission.
As the navigation of the Mississippi, if we may be al- lowed the use of the figure, forms the canvas, on which are to be grouped, some distinguished leaders of separa- tion, and in all respects is ą subject of great public inter- est, we shall give a concise history of the real state of the case, as connected with Mr Jay's proposition.
The treaties of peace had vested in the United States, the country on the eastern bank of the Mississippi, down to the northern extremity of the thuty- first degree of lati- tude ; and in Spain the residue.
By treaty, the United States had acquired all the right which Great-Britain could convey to the free navigation of that river -- but Spain in fact heid both banks, from the thirty-second degree, downward.
This navigation, and boundary, had for some time been under discussion, between the two governments, without receiving any satisfactory adjustment.
On the 28th of June 1785, the arrival of Don Diego Gardoqui, was announced to congress ; and that he was the encargo de negocios of his Catholic Majesty, with
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plenipotentiary powers to treat in behalf of his majesty, with any person or persons vested with equal powers by the United States ; on the subjects in controversy.
The Hon. John Jay, then being the Secretary of the United States, for For ign Affairs, received from con- gress a similar commiss on, and a negotiation was o- pened between the Ministers in New- York.
But it is to be remarked, that the caution of congress had :inserted in the commission of Mr. Jay, these ulti- matc .- " That he enter into no treaty, compact or con- vention whatever; with the sa d representative of Spain, which did not stipulare the right of the United States, to the navigation of the Mississippi, and the boundaries as established by their treaty with Great Britain."
More than half a year had elapsed before congress had 1 any communication of the progress of negotiation. Dif- ficulties were at length announced, by the American minister ; he was called before congress, and explained, by presenting to view the project of a treaty of con.neice containing as he suggested, advantageous stipulations in favor of the United States-in consideration for which it was proposed that they should forbear the use of the navigation of the Mississippi, for the term of twenty- five or thirty years. He urged the adoption of this project, as a beneficial ore-that a stipulation to forbear the use, on the part of the United States, was an admission of the right on the part of Spain-That the United States were in no condition to take the river ; and therefore gave no- thing for the benefit they would derive from the treaty.
Under this view of the subject, the seven most cast-
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wardly states voted to rescind the ultimata, in the Secre- tary's instructions. And it was entered on the journal although it required nine states to give an instruction.
If the object of the minister was pursued with ardor on the one side, it was repelled with equal animation and fortitude on the other. This controversy brought the subject before the public, and we have seen the result. No such treaty was ever made.
Those who will take the trouble to recollect, the first. representation of this subject, will by comparison, sre in it, errors, and exaggerations but too comn.on, in ad dresses made tothe people ; whose passions it is supposed must be roused, before their judgments can be influenced.
. No sooner had the public ferment occasion'd by the rumors put into circulation on the subject of the cession of the navigation of the Mississippi, subsided, than it was again reproduced by a claim to the active possession, and use ofthe river."
General Wilkinson, whose habits required the expen- diture of money, and whose revenue demanded continu- ed ascession, being commercially inclined, and secing less difficulty, in an intercourse with the Spaniards at New-Orleans, than the rest of his countryinen, had, cocval with the determination in favor of an Independent state, decided upon a voyage on the Mississippi : In the summer of this year, he reduced his theory, to practice, with a small cargo of tobacco'; loudly exclaiming a- gainst restraints on the rights of navigation:
Sometime after the excursion of Colonel John Logan to the south, Colonel Robert Todd of Fayette
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made another to the north-in consequence of informa- tion given by some Shawances, that a party of Cherokees settled on Paint Creek, was hostile to Kentucky. Colonel Todd's party killed three Indians, and took seven prison- ers, who soon afterwards made their escape.
In June, Major Oldham, crossed the Ohio with a scouting party, and made a tour to the Wabash ; but without seeing any Indians.
Such representations had been made to the Executive of Virginia, that on the 5th of June 1787, the Lieuten. ant Governor laid before the council, letters which came to him by express from the county Lieutenants of Lin- coln, Jefferson and Fayette, giving information that thé western Indians had at different times, and even lately committed hostilities on the inhabitants of Kentucky.
" Whereupon it was advised that copies of the several letters, and papers be forwarded to the delegates of the state, in the congress of the United States.
At the same time it was advised,
" That Colonel Benjamin Logan be directed imme- diately to convene the county lieutenants or comman- ding officers of the different counties composing the dis- trict of Kentucky, and with their advice, to form some system for the defence of that district ; cautiously avoid- ing offensive operations, and taking care that the troops which it may be necessary to embody, for carrying into execution any plan of defence that may be adopted, de on no occasion go without the limits of the state, except in the immediate pursuit of an invading enemy."
In consequence of the representation made to congress
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that honorable body on the 21st of July, 1787-
" RESOLVED, That the Secretary at War place the troops of the United States in such position's as shall afford the most effectual protection to the frontier inhabi- tants of Pennsylvania and Virginia from the incursions and depredations of the Indians, for preventing intru- sions on the federal lands, and promoting a favourable issue to the intended treaty ; to this end, one company and an half shall remain at Venango, Fort Pitt, and Fort M'Intosh, one be posted on the Muskingham, one on the Miami, three at Post St. Vincents, and the remain- ing troops at the rapids of the Ohio, subject, however, to such changes and alterations as the commanding of- ficer shall judge the good of the service may require.
" Resolved, That the executive of Virginia be re- quested to give orders to the militia in the district of Kentucky, to hold themselves in readiness to unite with the federal troops in such operations as the officer com- manding them may judge necessary for the protection of the frontiers, and that on the application of the comman" ding officer of the federal troops, the said executive be re- quested to give orders that a part of the said militia, not' exceeding one thousand, be embodied and take such po'".
sitions, as the said commanding officer shall direct, for acting in conjunction with the federal troops, in protec- ting and defending the frontier inhabitants, and in ma- king such expedition's against the Indians, in case they continue hostile, as Congress shall hereafter order and direct."
This resolution of congress being transmitted to the
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Executive of Virginia, on the 14th of August, a copy was enclosed to the several county Lieutenants of Kentucky, with instructions,to hold their militia in readiness at all times, to unite with the federal troops in such operations as the officer commanding them, shall judge to be ne- cessary.
To that general order, was subjoined this sin- gular qualification, " You are not however to consider yourself at liberty to en' ody any part of your militia, for the purpose of carrying into cxecution tre forego- ing instructions, until you receive special orders from the Executive for that purpose."
At the August courts of this year, elections were held under the last act of separation, for five members in each county, to compose a convention, to meet at Danville on the third Monday in September, and to decide on the expediency of separation, on the terms proposed-
On the 18th of August, this year, " the Kentucky Gazette," a weekly newspaper, was published under the direction of Mr. John Bradford, an ingenious, and cn- terprising citizen of Lexington. At first this paper ap- peared on a demi sheet ; immediately it became the ve- hicle of discussion to the parties, for and against a sepa- ration. The first of September it assumed the medium size, which it retained, or lost in one of greater dimen- sions.
The publications on the subject of separation, evince the possession of considerable political knowledge, as well as literary acquirement on both sides of the questi- on.
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The PRESS so operative in the diffusion of informa- tion, and in the propagation of opinion, was deemed an acquisition of the first importance. Considering the si- tuation of the country, and the locality of the presses at that time in the United States ; and considering also that Mr. Bradford was no printer, the district was really un- der obligations to him for the enterprise and exertion by which he introduced the apparatus, and effected the esta .. blishment. It has been a prolific parent truly, if we are to consider it the mother of the fifteen presses, which at this time replenish the laboring mails with weekly mis- cellanies ; and feed the craving appetite of political news- mongers, with daily food for controversy.
On the 17th of September, the convention assembled at Danville, agreeably to the provisions of the last act of separation. After the usual organization, it decided without a dissenting voice in favor of the separation of the district from the residue of the state; upon the terms and conditions prescribed by law. It then proceeded to address congress; in a very respectful and loyal style, for the admission of the new state into the Federal Union, by the name of Kentucky ; and fixed the last day of De- cember 1788, for the termination of the authority of Vir- ginia, and the commencement of the new Republic.
Neither Virginia nor the people, were separately ad- dressed-but for the information of the one, Mr. Brad- ford was requested to publish a copy of their journal, and · for the satisfaction of the other, the President was re- quested to inclose a copy to the Executive.
They also resolved " that the President do address the
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representatives from this district to the general assembly requesting that they will use their endeavors to have an' inhabitant of the district appointed a delegate to con -- gress for the ensuing year."
Furthe , they resolved " that a convention should be elected, with full power and authority to frame and esta- blish a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until abrogated or altered by the legislative au- thority acting under the constitution so to be framed and established." And
Finally-that in the month of April next, on the res- pective court days of the counties within the said district and at the fe pective places of holding courts therein re- presentatives to continue in appointment until the 31 st day of December 1788, to compose the said convention, shall be elected, within the said district, by the FREE' MALE inhabitants ofeach county, in the like manner as the delegates to the general assembly have been elected ; -in the proportions following, to wit :- in the county of Jefferson five representatives-and so on, giving five to every county.
'Thus having manifested, the utmost propriety of tem- per and conduct, and completed the business for which they had assemb'ed, they peacibly dispersed, in the san- guine expectation, and well founded hope that labors so long pursued, and so faithfully performed,-would be crowned, in due season with their merited success.
It is to be remarked that this convention adopted the" principle of the state constitution, as to the number of
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sepresentatives to be chosen for the next convention, re- quiring alike number from each county.
Nor should the observation be omitted, that their pro- ceedings exhibited none of those sentiments, or expres- sions, which led the mind toan absolute separation, from Virginia and the union.
Nor will it be superfluous to add the reason-The lea- ders of violent separation were not in this convention.
General Wilkinson, had gone to Orlean :- Mr. John Brown, was in Virginia,-ind if Innes, and Sebastian, were present, they were not yet prepared to lead in such 2 measure.
During the time, the question of separation had been agitated, fro : 1784 to the present period, the population of the country had greatly increased, as had the propor- tion of well infor aed people.
The idea of separa ion in its origin was entirely loyal, intended to be pursued in the course pointed out by pro- priety, and sinctioned by the constitution and laws, with a view of being embraced in the circle of confedera- ted states ; and with this view only.
When it was found that the legislature sanctioned this idea, it was very natural and reasonable to cast about the enquiry, who would be proper representatives for the new state, In the congress of the United States.
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