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 22
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to request them to authorise the convention by law to. form a constitution of government, and to organise the same. " Or direct a new convention to be chosen to continue in office a reasonable time, and to be vested with those powers.
"' To forward to the assembly of Virginia and the congress of the United States (if they judge proper and necessary) a decent and manly memorial, requesting that such measures may be pursued by congress, or that Vir- ginia will use her influence with congress to take such measures as shall be most likely to procure to the people of the western country, the navigation of the Mississippi." To this, was signed his proper name, GEORGE MU- TER.
To this measure he had previously obtained the entire approbation of his friend, Colonel Thomas Ma. shall, with whom he had been long intimate, and to whom he had shewn the letter of mr. Brown, which we shall pre- gently introduce-the clandestine objects of which were penetrateu-and to counteract which, they determined to become cand dates, for the proposed convention ; neither of them having been in the last ; and took much pains to inform the people, of the unconstitutional, and dangerous course, to which they had been advised by the resolution of the late convention. The people were roused,
The agitation was considerable-there appeared to be two parties, the one for temperate, the other for precipi- tate measures-The moderate and loyal party, was ap- parentiy the most numerous-a meeting of the militia
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officers was at length effected, moderate measures adopt- ed-and tranquility in a considerable degree restored to the public mind.
General Wilkinson, found that it was necessary to dissemble his real views -- the election came on, it was ex- ceedingly animated; Thomas Marshall, George Muter, Joseph Crockett, Caleb Wallace, and James Wilkinson, were elected. The three first united in political views. Those of Mr. Wallace, were not without suspicion ; probably because he expressed himself with caution, and reserve; but we have no evidence upon which to im- pe c' his integrity. This history will derive much im- portant and useful matter from another source, it is the mission of Mr. John Brown, to congress.
He had brought the address of Kentucky, to become a new state, into congress, as early as February. But ow- ing to so de cause not exactly to be explained, by us, whether, a tardiness on his part, for purposes which fu- ture developements may suggest, or cvince ; or owing to an unwillingness, on the part of congress to act on the' subject ; even on the morning of the third of July, the fourth, being the period lunited by the act of separation, for the assent of ad missions, on the part of congress so.ne weeks after the Virginia convention had been in session -- and some days after they had in fact, ratified the federal constitution ; the question before congress, whether Kentucky should be received into the union, had not been disposed of, finally. On that day, the mo- tion of Mr. Brown, was taken up for the last time, and phimately postponed, for the reasons subjoined :
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" Whereas application has been lately made to con. gress by the legislature of Virginia, and the district of Kentucky, for the admission of the said district into the federal union as a separate member thereof, on the terms " contained in the acts of the said legislature, and inthe re- solutions of the said district relative to the premises. And whereas congress having fully considered the sub- ject, did on the third day of June last, resolve that it is expedient that the said district be erected into a sovereign · and independent state, and a separate member of the fe- deral union, and appointed a committee to report an act accordingly, which committee on the second instant was ' discharged, it appearing that nine states had adopted the constitution of the United States lately submitted to con- ventions of the people :
" And whereas a new confederacy is formed among the ratifying states, and there is reason to believe that the state of Virginia including the said district did on the 26th of June last become a member of the said confe- deracy ; and whereas an act of congress in the present state of the government of the country, severing a part of the said state from the other parts thereof, and admit- ing it into the confederacy formed by the articles of con- federation and perpetual union, as an independent mem- ber thereof, may be attended with many inconveniences while it can have no effect to make the said district a se- parate member of the federal union formed by the adop- tion of the said constitution, and therefore it must be ma- nifestly improper for congress assembled under the said articles of confederation to adopt any other measures re-
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lative to the premises than those which express their sense that the said district as a separate state, be admitted into the union, as soon as circumstances shall permit proper measures to be adopted for that purpose :
" Resolved, That a copy of the proceedings of con- gress relative to the independency of the district of Ken- tucky, be transmitted to the legislature of Virginia, and also to Samuel M' Dowell, esq. late president of the said convention, and that the said legislature and the inhabi- tants of the district aforesaid be informed, that as the constitution of the United States is now ratified, con- gress think it unadvisable to adopt any further measures for admitting the district of Kentucky into the federal u- nion as an independent member thereof under the articles of confederation and perpetual union ; but that congress thinking it expedient that the said district be made a se- parate state and member of the union, as soon after pro- cerdings shall commence under the said constitution as circumstances shall permit, recommend it to the said le- gislature and to the inhabitants of the said district, so to alter their acts and resolutions relative to the premises, as to render them conformable to the provisions made in the said constitution, to the end that no impediment may be in the way of the speedy accomplishment of this im- portant business.
" CHARLES THOMPSON, Secr."
It was this document which Mr. Brown should have transmitted to the convention of Kentucky, whose pro- ceedings wehave noticed. And thus by shewing that there was no permanent obiection to the admission of Kentuc-
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ky into the union, on the footing of the other states-that congress had in fact expressed an opinion in its favor- he would have furnished the reasons for suspending the final act of admission, which could but have appeared quite satisfactory, to the convention.
But we rather chuse to state what was done by Mr. Brown, than suggest what he ought to have done.
To the president of the convention, he wrote soon af- ter the foregoing resolution of congress had passed that body-giving information of his labors, and disappoint- mentato which, he added, bis own reasons-not those ofcongress, for the failure. In this letter was inclosed a detached scrip, in these words : " In a conversation I had with Mr. Gardcqui, the Spanish minister relative to the navigation ofthe Mississippi, he stated that if the people of Kentucky, would crect themselves into an indepen- Sent state, and affoint a froper person to negotiate with bim, he had authority for that purpose, and would enter into an arrangement with them for the exportation of their produce to New-Orleans, on terms of mutual advantage."
Straws, on the stream, shew its course, as feathers in 1, the air, point out the direction of the wind, We shall not indulge ourself in unavailing regret that the envelope of this precious bit of embrio treachery, has been lost ; both were shewn, and both had their cffect.
This is not the only letter which Mr. Brown wrote a- bout the same time, to those in Kentucky, whom he thought he dared venture to trust.
We heard of several such letters, and are fortunate enough to have obtained one which led to a full discio
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sure of the SPANISH CONSPIRACY, that had been long cherished in Kentucky, to the annoyance of honest' men, to the aggrandizement of those of a contrary char- acter, and to the real danger of the public peace.
This letter, in the hand writing of Mr. Brown, is dated at New-York, the foth of July 1788, and ade dressed to the Chief Justice, George Muter, who had gone hand in hand with the separatist's, so far, and so long, as they confined themselves to the tract prescribed by the laws, and constitutions of his country-but whose fidelity being shocked at the measures lately adopted by the leaders of separation, had resorted to the course which we have exhibited : thinking himselffully justified by the confirmative letter of M .. Brown; which was not however, exposed to"public view, until the 4th of Sep- tember, 1790, though confidentially shewn scon after its receipt. But before it was published, it had been rendered inefficient, by the prevalence of party feelings, and the ascendency obtained by Mr. Brown, and the Spanish agents. Not until the Innes, and Sebastian, explosion of 1805, and which will occupy our attention at the proper place, was it received by the people of the country, with the proper impression, and effect.
It is believed to have made an impression then, never to be eradicated from the minds of honest men, be their general politics what they may.
Here follows the letter :-.
" New-York, July 10, 1788. " DEAR SIR,
" An answer to your favor of the 16th of March was
P2
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together with several other letters, put into the hand of one of Genl. Harmer's officers, who set out in May last for the Ohio, and who promi ed to forward them to the District ; but I fear that they have miscarried, as I was a few days ago informed that his orders had been counter- manded, and that he had been sent to the garrison at West-Point -Indeed I have found it almost impractica- ble to trans nit a letter to Kentucky, as there is scarce any communication between this place and that country. A post is now established from this place to' Fort Pitt, to set out once in two weeks after the 20th instart. this will ren ler the communication easy and certain. Before this reaches you I expect you will have heard the determina- tion of congress relative to the separation of Kentucky, as a copy of the proceedings has been forwarded to the - District, by the secretary of congress a few days ago. It wis not in my power to obtain a decision earlier than the 31 inst. great part of the winter and spring there was not a representation of the states sufficient to pro- ceed in this business, and after it was referred to a grand committee, they could not be prevailed upon to report, a majority of them being opposed to the measure. The eastern states would not, nor do I think they ever will as- sent to the admission of the District into the union as an independent state, unless Vermont or the province of Main is brought forward at the same time. The change which has taken place in the general government is made the ostensible objection to the measure ; but the jealousy of the growing importance of the western coun- try, and an unwillingness to add a vote to the southern
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interest, are the real causes of opposition, and I am in- clined to believe that they will exist to a certain degree even under the new government, to which the applica- tion is referred by congress. The question which the district will now have to determine upon, will be whe- ther or not it will be most expedient to continue the con- nection with the state of Virginia, or to declare their in- dependence, and proceed to frame a constitution of go- vernment .- 'Tis generally expected that the latter will be the determination, as you have proceeded too far to think of relinquishing the measure, and the interest of the district will render it altogether inexped.ent to con- tinue in your pr.sent situation until an application for admission into the union can be made in a.constitution- al mode, to the new government. This step will, in my opinion tend to preserve unanimity, and will enable you to adopt with effect such measures as may be necessary to promote the interest of the district. In private con- ferrences which I have hal with Mr. Gardoqui the S, a- nish minister at this p'a s, I have been assured by him in the most explicit torins, that if Kentucky will declare her independence, and impower somnie proper person to negotiate with hun, that he ha, author.ty, and w.ll en- gage to open the navigation of the Mississippi, for the exportation of their produce, on terms of mutual advan- tage. But that this privilege never can be extended to them while part of the United States, by reason of com- mercial treaties existing between that court and other powers of Europe. As there is no reason to doubt the sincerity of this declaration, I have thought proper to
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communicate it to a few confidential friends in the dis- trict, with his permission, not doubting but they will , make a prudent use of the information, which is in part confirmed by dispatches yesterday received by congress from Mr. Carmichael, our minister at that court, the contents of which I am not at liberty to disclose.
" Congress is now engaged in framing an ordinance for putting the new government into motion, it is not yet completed, but as it now stands, the elections are to be made in December, and the new congress to meet in February, but it may undergo alteration. Ten states have ratified-this state is now in' session -- what the re- cult of their deliberations will be, is as yet doubtful ; two-thirds of the members are opposed, but 'tis probable they may be influenced by motives of expediency. N. Carolina will adopt-time alone can determine how far the new government will answer the expectations of its friends, my hopes are sanguine, the change was necessary.
" I fear, should not the present treaty at Muskingum prove successful, that we shall have an Indian war upon all our borders. I do not expect that the present con- gress will in that case be able to take any effectual mea- sures for our defence. There is not a dollar in the fede- ral treasury which can be appropriated to that purpose. I shall leave this place shortly, and expect to be at the September term. I have enjoyed my usual good state of health, and have spent my time here agreeably. I am with great esteem, your most humble servt.
" J. BROWN.
'' The bon. George Muter."
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. As the examination and exposure of the real objects of this letter, by AN OBSERVER, are believed to have given a proper direction to public opinion, and will have the same good effect in all times to come, we shall in- sert them, as disquisitions which have our approbation, and which were published in Frankfort, where Mr. Brown resided, without returation, or even contradicti- on.
Nor is it any objection to their insertion here, that they were written in 1806 ; inasmuch as they belong to the letter, and should be its cotemporaries in all times, and places-They follow :-
" In the progress of investigating important political subjects ; it is no less useful, than it is necessary, to take possession of prominent points; to review surrounding objects ; and to fix on certain and substantial data, whereon to rest conviction ; gratify the understanding; conc.liate the judgment ; and bottom further discussion. ." Applying this observation, to the history of " The Kentucky Spanish Association," I have selected the con- duct of Mr. John Brown, now of Frankfort, as the first prominent object in the consideration of this very inter- esting subject.
" And the question to be discussed, is, whether Mr. Brown in 1788, did intrigue clandestinely and traitorously with the Spanis.i minister, for a separation of Kentucky fom Virginia and the Union; and for the purpose of connecting it with the Spanish Monarchy ?
" And I shall proceed to shew from evidence which cannot be controverted, that Mr. Brown did so intrigue
HISTORY OF
with the Spanish minister, and for the purposes a ore- said. I begin with a recapitulation of facts.
" It is a fact, that in 1787 and 1788, Kentucky was a part of Virginia, one of the free United States of Ame- rica, represented in congress.
"" It is a fact, that in 1787 Mr. Brown was a resident of Kentucky, and sent by the people to the state legis- lature ; there appointed one of the Virginia delegates to congress, and took his seat'in that body.
" It is a fit, that while a member of congress in 1788 Mr. Brown held private conferrences with the Spanish minister then in New- York; the object of which was to separate Kentucky from Virginia and the union, with- out their knowledge or consent ; as preparatory to a treity between Spain and Kentucky.
" It is a fact, that Mr. Brown wrote a number of let- ters on these subjects to his confidential friends in Ken- tucky, and particularly the letter of the Ioth of July, 1788, to George Muter:
" It is a fac", that Mr. Brown from his official situati- on, wasthe sole organ of accredited communication, be- tween the congress and the people of Kentucky.
"' It is a fact, that he endeavoured to impress on the minds of his correspondents here, that there were perma- ment objections, tothe admission of Kentucky, as a state into the onion.
" Is is a fact, that he represented a commercial treaty Between the United States and Spain, for the accommo- dition of Kentucky, as wholly impracticable, while Kenr tucky remained a part of the union.
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" It is a fact, that he gave it as his unqualified opini- on, that a declaration of independence on the part of Ken- tucky was advisable.
" It is a facr, that he represented the Spanish minis- ter as a man to be confided in, and as laving assured him in the most explicit terms, that if Kentucky would de- clare ber independence, and empower some proper person to negotiate with him, that he had authority, and would engage to open the navigation of the Mississippi, for the exportation of produce on terms of mutual advantage.
" It is a fact, that Mr. Brown represented, on the same authority, that this privilege of exporting through the Mississippi, never could be extended to Kentucky while a part of the United States, Ly rcason of commercial trea- sies existing between that court and the powers of Europe-
" It is a fact, that Mr. Brown transmitted these opi- nions, and assurances, to his confidential friends in Ken- tucky, with the permission of the Spanish minister, not doubting but that they would make a prudent use of the in- formation.
" It is a fact, that at that time Mr. Brown was acting under the constitution of the state of Virginia, which forbids a partition of territory, or the erection of an inde- pendent government within her limits, without legisla- tive consent. -
" It is a fact, that at the same time Mr Brown was acting under the constitution of the United States, which forbids even a state from entering into a treaty with a farcign power.
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" To preserve these constitutions'inviolate, it is not affirmed, that Mr. Brown had solemnly kissed the book; in the form of corporal oath, for I have not time to look up the evidence ; but it is asserted, that by accepting the important trust of a delegate in congress from the state of Virginia, he had pledged his honor and his consci- ence, to act with good faith, towards both Virginia and the union.
" As one obligation of his duty, thus publicly and so- lemnly pledged, had Mr. Brown discovered an intrigue carried on, by any American citizen or foreigner, al- though in a private station, for the purpose of dismema bering the union, he was bound by more than his ordi- nary allegiance to disclose it : if such intrigue was with a foreign minister, the representative of a powerful mo- harch, as the danger was the greater, so in proportion rose the obligation higher. : But Mr. Brown discovered none other ; himself become the intriguer. He forgot the dignity of his character ; the duty of his office ; the loyalty of a citizen ; the integrity of his seat ; the peace of his country ; and the unity of America --- He retired from the august assembly of the states ; from the Senate of United America ; to the closet of a titled slave ; to the bureau of the Spanish minister } and instead of cherish- ing union as the first great principle of American liberty and prosperity ; he descended to an intrigue, for the partition of his native state, and for the dismemberment 'of the national territory.
Glorious patriot ! his name should be written in let- ters of gold, and proclaimed with a never- dying echo !!!
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" Had Mr. Brown kept to himself those private confer- renc's with Gardoqui, they might have solaced them- - selves in perspective with the consequences, of a dis- me nberment of Kentucky from the Union, and their consequent connexion with Spain. Their view might have been gratified, by a reclamation of Kentucky on the one side, and a detention on the other ; in short, by all the horrors of war.
" But this was not suficient for Mr. Brown, it was not merely for the sake of their nightly orgies that he held these private conferences, upon subjects so sacred ; for Mr. Brown, after polluting himself, with anti· fede- ral principles ; with Spanish connexions ; and with treasonable projects ; communicates them to his confi- dential friends in Kentucky-doubting not but that they would make a prudent use of them.
" These confidential friends, it is hoped will in time be ascertained, as they will merit my particular attenti- on. There is good ground to believe that Mr. Brown did not consider Judge Muter as one of his most confi- dential friends, and that consequently he was much more reserved to him, than to some others. If those o- thers would publish their letters from Mr. Brown, the public would then be possessed of the extent of Mr. Brown's con nunictions. But the letter to Judge Muter is enough for my present purpose, and I do not mean to place any thing on conjecture.
" Mr. Brown made his communications ; now let us see if they were correct. The application of Kentucky for admission into the union, as a state, was made when
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the change of the Federal Constitution was in progress. Previous to the 3d of July 1788, ten states had ratified the new constitution ; on that day the old Congress de" clined the admission of Kentucky, and referred her to the new Congress, about to be formed. Upon this Mr. Brown insinuates, that the reason assigned for this mea- sure is not the true one ; for that would vanish with the organizition of the new government, and Kentucky would of course be received into the union. But Mr. Brown says there is another reason against admitting Kentucky into the union, which will exist under the new government. What is the inference ? plainly this. Those who have the power of admission act upon one reason, and assign another. They are insincere, and unfriendly-And they will continue so after the new go- vernment takes place. They have rejected the admissi- on of Kentucky into the union, and they will continue to do so. Were these insinuations and opinions bot- tomed on fact, and correct observations ? Were they the secrets of the private conferences which Mr. Brown held with Gardoqui ? The experiment proved, that they were not the former : the probability is, that they were the lätter. The new constitution took effect, and Kentuc- ky was admitted into the union, without difficulty. But suspicion had been excited, unfriendly sentiments felt, and illiberal jealousies entertained, between the eastern and western parts of the union. These are the necessa- ry forerunners of disunion. If we perceive in Mr. Brown an end, we cannot fail to observe him preparing the means. If he is in favor of the separation of Kentucky
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from the union ; we find him setting the proper engines at work, to effect his purposes-Men who should live in mutual confidence and friendship, were taught to sus- pect, and to hate each other. At this stage in the pro- gress of intrigue, what should we expect, but disunion ? Accordingly we find Mr. Brown recommending a decla- nation of independence, that is, a separation of Kentucky froin the parent state, and from the federal union, in vi- olation of the most sacred obligations, and contrary to law, and to the constitution.
" What are the next objects with which Mr. Brown presents us by his letter ? a foreign nation-a monar- chial government-a Spanish minister-ready to receive us; and with a proper person to enter into a treaty of navigation for export, to mutual advantage.
" Thirty thousand people were to renounce the bene- fits of the American union, with their neighbors-their natural connexions-and their political friends-to for- feit their peace-and to incur the terrors of civil war- For what ? Why truly to crown with success the clan- destine and traitorous projects of Mr Brown-projects by which Kentucky would have been put out of the u- nion, and completely within the power and controul of Spain.
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