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 21
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Nor was this o nitted aniong the leaders of separation. For each state sent as many members as it pleased, having but one effective vote, and continued them also at pleasure.
After however the separation had been delayed, the
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propriety of having one of the Virginia members from the district of Kentucky, was strongly urged among the same description of persons-and Mr. John Brown, who had formerly been spoken of as a member to congress, was this year elected a member to the Virginia legisla- ture, probably with a view of his getting into congress.
In December the appointment of Mr. John Brown to. congress, was announced to his clients by Harry Inne s, who attended to his law business, in his absence.
As Mr. Brown will necessarily make a conspicuous fi- gure in the pages of this history, we shall take the liberty at this place of presenting the reader with an introducto- ry sketch of that gentleman's biography. He was the son of a respectable clergyman, who preached to several congregations in the counties of Augusta and Rock- bridge, Virginia. He had received a classical education, studied the law, attained his full age, and a portly size s. with but little clegance of person, or manners, when he arrived in Kentucky in 1783, to practice at the bar of the courts of law and equity ..
No man who had yet arrived in Kentucky, if there were any afterwards, made his entrance into the country under more favorable auspices, than Mr. Brown. His father was popular in his vocation, many of his church members had removed to Kentucky, and readily trans- ferred to the son, the friendship and regard, they had for the father. Besides, Mr. Brown was supposed to possess talents of the first class, looked as if he was able to bear a hand in the defence of the country-accommodated himself to the temper of the times, had a fair reputation
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and was known to have come to Kentucky to make his fortune-of course, to participate in that of the country. A large share of business, (and it was increasing fast in the district court) fell into the hands of Mr. Brown. In the same proportion, he also acquired popularity.
We have seen that he was a member of the convention in 1786; that in 1787, he was one of those who ad- dressed the people on the subject of the Mississippi -- was - afterwards elected to the state legislature -- and ultimate- ly chosen one of the Virginia delegates to congress. It is in the latter capacity -as one of the national council, that we shall next have occasion to notice him.
If the incursive depredations of the Indians, had been retorted on them, the suspension of hostilities on their part was of but short duration.
What might have been remarked last year or sooner, is nevertheless applicable now. The Indians could but observe that the British, still held the posts on the Lakes, which they had been informed were to have been given up to the Americans, as a consequence of their victory in the late war. They even doubted whether the United States had been conquerors-they thought themselves imposed on, and injured, by the treaty-they continued to get their usual supplies from the British garrisons, nor couid they get them elsewhere ; and however host.lities had been suspended for a time-the parties, by their mu- tual depredations, were once more, really at war.
In December, the Indians took a small station at Drennon's Lick, and killed two men-they immediately abandoned the place, and were not pursued,
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CHAPTER VIII.
CONTENTS OF CHAPTER VIII.
Incidents of Indian hostility-General Wilkinson returns from New Orleans a Spanish subject, possessed of the exclusive privilege of taking tobacco to that port .- Indian hostility in March --- new federal constitution offered to the adoption of the people-generally offosed in Kentucky-members elected in April to conventions, to meet in Richmond, and in Danvili. - federal constitution adopted-convention meet in Danville, their proceedings and dissolution-address of George Muter on the sub- ject of instructions-the election- Fcbn Frown writes to the president of the convention-to Judge Muter and others-resolution of congress on the subject of admitting Kentucky into the union .- Brown's interviews with Gardoqui-bis overtures, disclosed in Mr. Brown's letters-the letter to Judge Muter inserted, and dis- cussed.
THE Indians, as if more intent than usual upon mur- der, or for the purpose of horse-stealing, entered the set- tlements in January 1733, notwithstanding there was snow on the ground.
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In the neighborhood of the Crab- Orchard, two were seen ; and being pursued by Captain Whitley, and a party of his men, were both made prisoners. What was unu ual, they attempted to travel in the night, and not being able to keep the trace, rambled very much, cross- ing it many times, whereby they were retarded in their progress, and overtaken on their retreat, which they commenced upon being discovered. They were not killed, as one had been, who was taken in 1785, after he was brought in, but were exchanged.
About the 28th of the month, a party stole twenty-five horses, on Elkhorn, near Colo. Johnson's, they were pursued by Captain Herndon, but escaped.
In February, General Wilkinson returned from Or- leans, in a chariot, with four horses, and several servants. And soon it was rumored that he had made a contract with the Spanish Governor, which enabled him to ship. tobacco, and deposit it in the king's store, at ten dollars per hundred-which none but Spanish subjects could do. In fact, that he was a Spanish subject, having taken the necessary oath. He proposed buying tobacco, and let it be known that he had an exclusive privilege, at Orleans : spoke highly of the importance of the right of navigation, and of a commercial connection between the two coun- tries-with occasional hints, and inuendoes, that noth- ing was necessary to bring it about, but the separation, and independence of Kentucky.
He had previously encouraged the raising of tobacco ; and was now the buyer. This was perfectly satisfactory go'the greater number of those who made it ; and in o-
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thers it excited a disposition to become adventurers, in the same kind of enterprise ; a few there were whose suspicions were awakened, but who, left without data upon which to raise an accusation ; and still less able to stem the current of popular opinion, in his favor, confin- ed their opinions to their friends. For measures were soon taken, and sentiments and opinions propagat- ed, to make the people believe that they were greatly in- debted to General Wilkinson, for opening that navigati- en, which Mr. Jay bad wanted to withhold from Kentuc- ky ; and for realising that commerce, which congress would not procure for the country.
The return of General Wilkinson from Orleans, was through the atlantic states, and probably at Richmond he had seen, and opened his secret to Mr. John Brown; destined, for congress, and whom he knew to be one of those in Kentucky, most ardent for separation ; and whose sensibilities were particularly affected by the peri- jous state of the Mississippi navigation, and the trade to New-Orleans. In March the Indians repeated their visits to the fron- 2 tiers, an I the night of the fifth, fired on a party of white men encamped on the Cumberland road, and killed two' of theni. There was seow on the ground. A party from the neighboring settlement pursued the Indians; came up with them in camp, fired on them, but killed hone. The Indians fled in great consternation, without their guns, or packs, with such rapidity that they were not overtaken, but it was hoped that they perished in the cold ; as several ofthe white men; got frost-bitten:
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About the 21st of the month, a party of Indians call- ed at the house of a Mrs. Shanks, on the waters of Lick- ing, and demanded entertainment for the night ; the dorr was shut, and they were refused entrance. They forced the door, killed four of the family, took one pri- soner, and dispersed the rest.
The 25th of the month, the same Indians, or another party, took a negro on Elkhorn. The 28th, the bridle of a young man on horseback was seized, by a way- laying Indian, who was however compelled to break his hold, and the rider made his escape.
They now commenced a mode of warfare on the Ohio, that was still more terrible-they manned a flat, which they had taken, and learned to manage ; and with this they intercepted several family-boats on the river ; and killing, or taking, those on board, plundered the boats of their lading.
These circumstances excite considerable ferment in the minds of the people ; which is turned to the account of the separatists-who cry out for power to carry the war into the Indian country. As if in the event of se- paration from Virginia, and becoming a member of the union, the country would not still have been under the controul of congress, in its military operations, beyond its own limits ! And as if any thing short of absolute independence could have conferred the right contended for, of making war beyond their own territory !
In the mean time also, another subject of great inter- est had been thrown upon the public mind, and mingled itself with the other topics of discussion.
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It was the Federal Constitution, formed in 1787- and now ofered to the adoption of the people. It is con dentiv believed, that the advocates for immediate and violent separation, were universally opposed to the adoption of this conatt. tien. The most common, and ostensible objection was, " that it would endanger the public liberty-that it was, too strong." While never" theless, the existing confe leration, we k, and inefficient, was not only a cause of complaint, "ut a subject of ridi- cule ; even to some of those very men. That both ideas, were adapted to another, which it will be our business to developer connection with Stair-will be manifest, in the progress of this history.
Many vell disposed persons of respectable informati- or, were in favor of ratify ng the new constitution, with some amendments. They were taught that these amend. ments could, and ought to be made before ratification ; although the in trument itself provided a mode of a- mendment after its adoption, cqually provident and effi- cacious.
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With the great mass of the people, who seldom see speculative objects with very clear discrimination, it was settled into an opinion, that the ratification was to be rejected, with the exception of Jefferson county ; where public opinion at that time, was governed hy strong fe- dera views, and wishes.
A crisis more important, had not occurred to Kentuc- ky. The legislature had authorised cach county in the commonwealth, to elect two members, at the general c- Icction in April, to meet in June at the seat of govern-
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ment, there to compose a convention with powers to ac- cept, or reject, the proposed federal constitution. At the same election, were also to be chosen, five members, from each county in Kentucky, for the purpose of form ing a convention at Danville, whose business was to frame a constitution, for the proposed state. The last mentioned election was to be continued five days-the other might be terminated in one day.
Members, were accordingly elected to both conventi- 0.3. We belonged to the first, attended our seat, and voted with the Jefferson members in favor of ratifying the federal constitution-ind for subsequent amend- ments. Being perfectly convinced, that previous anend- ments, amidst the agitated, divided, and conflicting Op !- nions of the popular leaders throughout the continent, were impracticable; whereas by the adoption, they would be ensured. Tune, and experience, have proved the correctness of the course. The vote for ratification took place on the zot , of June 178 -2 guty-eight, to şeven y-eight. Virginia being tue tentnasop.ing state.
The convention of Kentucky met for the disund ge of its duties, on the 28th of July , ar Danville. Wu.le in session, intelligence was brought, that congress, had dee clined acting any further, on the subject of dumitting Kentucky into their union ; as the new constitution for the United S ates, was rat fied by the competent number of states ; referring the final decision on that important measure to the congress, about to be for.ned.
This news, to the leaders of the people, was as disa- greeable, as it was unexpected. The favorite object of
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separation, in which were included a thousand hopes, and a thousand expectations, was a second time snatched from their eager grasp, when it was almost realised, in their embrace.
This period so eventful might never again return. Had the separation now been completed, and a constitution of government formed, and organised, it might have been made a question, whether, in case the new government of the United States took effect, of which there was yet doubt, Kentucky would be a member, or not. Nor were there wanting those who urged, that though formally included in the adoption of Virginia, that in fact, her representatives, by a great majority were opposed to the constitution ; as were also the people of the country, ge- nerally.
" The temper manifested in this convention, was re- marka'ly different, from that which characterised the disappointed convention of 1787. In the place of a mo- mentary vexation, which yielded to a sense of duty, a love of peace, and the force of the reasons, which had oc- casioned, the postponement, of separation in that in- stance ; there were now observable, the most real vexa- tion, a share of ill-temper, bordering on disaffection to the legal course of things ; and some strong symptoms, of assuming independent government. And had not these dispositions been met by those of a contrary tendency in others, it is not difficult to say what would have been the result.
. The navigation of the Mississippi, and the Orleans trade, were strongly pressed into the argument in favor
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of, completing the constitution, and organising government, without further delay .- Am.Ist the difficulty and em- barrassment of the moment, it was proposed, that each militia captain should take the sense of his company in- dividually, upon the course to be pursued. This moti- on was rejected upon debate, and for reasons, which we deen worthy of the perusal of the present, and the con- sideration of future politicians.
First-that such a measure would supercede, the ne- cessity of a convention,, or general deliberative body.
Second-that these officers, must be able and willing, to give every necessary information to the people, in or- der to obtain a correct opinion.
Third-what they should be perfectly disinterested, and inpartial, else the votes would not be correctly taken.
Fourth-that the mode proposed, although it had a flattering appearance, was calculated to disappoint every. honest man, who depended on it.
Fifth-that to avoid the many mischiefs incident to such a course, resort was had to representatives; and ge- neral asse nblies ; where all were to hear, and be heard, preparatory to decision.
A large majority concurred in these reasons.
At length these discussions resulted in the following resolutions ; and the convention was dissolved.
" Whereas it appears to the members of this conven- tion, that the United States in congress assembled, have for the present declined to ratify the compact entered into between the Legislature of Virginia and the people of this district respecting the erection of the district into
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an independent state : in consequence of which the powers vested in this coivent on are disso ved, and whatever order or re:olution they pass cannot be co si- dered as having any legal force or obligat on; but being anxious for the safety and prosperity of ourselves and constituents, do earnestly recommend to the good peor ple inhabiting the several counties within the district each to elect five representatives on the times of holding their courts in the month of October next, to meet at Danville on the first Monday in November following, to continue in office until the first day of January, 1790, and that they delegate to their said representatives full powers to take such measures for obtaining aumission of the district as a separate and independent membe. o. the United States of America, and the navigation of the ri- ver Mississippi, as may appear most conducive to these important purposes : and also to forin a consutution of government for the district, and organise the same when they shall judge it necessary, or to do and accomplish whatever, on a consideration of the state of the district, may in their opinion pro.note its interests.
" R. solved, That the elections directed by the preced- ing resolution be held at the court nouse of each county, and continued fiom day to day for five days including the first day.
es Risolucd, That the sheriff's with'n the respective counties of this district, be requ .sted to hold the said e- lections and make return thereof to the clerk of the su- preme court immediately after the sa ne are finished, and also deliver to each representative so elected, a certificate
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of his election, and in case there shall be no sheriff in ei- ther of the said counties, or he should refuse to act, that any two acting mag :trates then present may superin- tend and conduct said elections and make returns and grant certif cates in the same manner the sheriff's are re- quested to do.
" Resolved, That every free male inha' itant of each county within the said district has a right to vote at the said elections within their respective counties.
" Resolved, That a majority of the members so elect- ed be a quorum to proceed to business.
"' R'solved, That if the said convention should not make a house on the said first Monday in November, any three or more members then assembled may adjourn from day to day for five days next ensuing, and if a con- vention should not then be formed at the end of the fifth day, that they may then adjourn to any day they think proper, not exceeding one month.
" Resolved, that the sherifs of each county, or the said magistrates, as the case may be, read, or cause to be read the aforesaid resolutions on each day immediately preceding the opening of the said elections.
" Ordered, That the president do request the printer of the Kentucky Gazette to publish the proceedings and resolves of congress by him laid before this convention, also such of the proceedings of this convention as the president shall think proper, and in particular that the printer continue to publish weekly until the first of Os- tober next the recommendation for electing another
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convention and the several resolutions relative thereto.
A true copy ,
" THOMÁS TODD, c. c."
It is to be remarked that this convention in their at- tempt to obtain separation, and to organise government, relapsed into the Virginia principle of representation by countie -assigning to each county five representatives ; . although they did not propose to apply to Virginia for her assent to these measures. The abandonment ofthis obvious and only legal course, for the attainment of 2d- mission into the union, affords the strongest possible negative evidence, of an existing disposition, to throw Kentucky out of the union, and to commit her, to the guidance of men whose propensities, and probably their engagements, led them to form a connection with the Spanish provinces ; under the protection of the Spanish monarchy.
It is not however this negat've evidence alone, which authorises this inference, it has been confirmed by posi- tive proof : of which more herea'ter.
The powers proposed to be derived from the people to the next convention involved considerable debate. In the course of which, ideas, and opinions, were elicited, which excited the more alarm as they were but half ex- pressed on the subject of the Mississippi ; and hence could not be so laid hold on, as to be made palpable to common conceptions. But which were suspected of meaning more, than met the car.
The source of these apprehensions, is embodied in the first resolution, in these words-" and that they dele-
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gîte to their said representatives, full power to take such measures for obtaining admission of the district as a se- parate and independent member of the United States of America and the navigation of the river Mississippi, as may appear most conducive to those important purposes : And also to form a constitution of government for the district, and organize the same, when they shall judge it necessary ; or to do and accomplish whatever on a con- sideration of the State of the District may in their opinion promote its interest." "Powers, more' unlimited than these, the people themselves in a state of nature, or des- titute of all government, do not possess. Powers in fact, utterly incompatible with the organized constituti- ons of state, and general government ; and broad as in- surrection itself, in patent form.
The promulgation of this resolution, was productive of some alarm. It went very far to explain, the nature of General Wilkinson's connection with the Spanish gov- ernment ; and it confirmed an opinion previously en- tertained, that his object was to effect a much more ex- tensive connection between the Spanish provinces, and Kentucky, than that of shippingtobacco toNew Orleans, without the agency of the United States ; or even the consent of Virginia.
Sometime after the adjournment of this convention the idea of disunion was formally combatted in the public prints of the country. No avowal so formal was made in its favor.
It was thought by its projectors, that circumstances,
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were not yet prepared for its support, and the scheme was covertly managed.
A letter of the Chief Justice of the district, to the Edi- tor of the Kentucky Gazette, will shew his impression of the approaching emergency. And to those who know the mildness and caution of his temper, the danger will be thought apparent, which could have induced him to · make the communications, and proposals, disclosed in this letter, bearing date the 15th of October 1788. It follows :-
" Forming a constitution of government, and organ- ising the same before the consent of the legislature of Virginia for that purpose first obtained, will be directly contrary to the letter and spirit of the act of assembly en- titled " an act for punishing certain offences, and vest- ing the governor with certain powers ;" which declares, " that every person or persons who shall erect or estab- lish government separate from, or independent of the government of Virginia within the limits thereof, unless by act of the legislature for that purpose first obtained ; or shall exercise any office under such usurped govern- ment, shall be guilty of high treason."
The third section of the fourth article of the federal constitution expressly declares, "" that no new state shall be formed, or erected within the jurisdiction of any other state ; nor any state be formed out of the junction of two, or more states, without the consent of the legisla- tures of the states concerned, as well as of the congress(27
Therefore the consent of Virginia to the separation must be first obtained agreeably to the above cited secti-
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en, to afford to Kentucky any prospect of being admit- ted a member of the federal union.
In the tenth section of the first article of the federal constitution ic is declared, « that no state shall enter in- to any treaty, alliance, or confederation ;" of course it must follow that no part of a state, can enter into any such treaty, alliance, or confederation.
The resolution of the late convention if adopted by the people, might fairly be construed to give authority to the next, to TREAT WITH SPAIN, to obtain the navi- gation of the Mississippi, if they should think such a measure conducive to their interest ; when it might plainly appear by the before recited section, that any other application than to the assembly of Virginia, and to the congress of the United States, must be contrary to the federal constitution.
It is therefore submitted to the consideration of the in- habitants of Fayette, whether it may not be necessary in the instructions to their delegates, to direct them not to agree to the forming a constitution and form of govern- ment, and organising the same, 'til the consent of the legislature of Virginia for that purpose, is first obtained. ---- Not to agree to make any application whatever to ob- tain the navigation of the Mississ.pp , other than to the legislature of Virginia, and the congress of the United States .- To draw up and forward to the assembly of Virginia, a memorial requesting them to alter their acts for the separation of this district from Virginia -- that the same be brought before the congress of the U. States in the manner directed by the federal constitution-and
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