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 23
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" The ostensible object was a commercial treaty with Spain, of mutual advantage to Kentucky & Spain, which wis unattainable while & tacky re ana dipart ofthe union. But did ever thirty thousand people mike a cominer- cialtreaty, withtwelve .millionsto? qual advantage? Spain, possessing the mouths of the Mississippi, the whole of
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one side, and a large portion of the other, would have had the people of Kentucky perfectly within her power.
" Spain would have regulated the navigation, and the commerce of the country at her pleasure. So says the ex- perience of all ages. But Kentucky could not have re- tained her independence and enjoyed the free commerce of the Mississippi !! What says Mr. Brown ? He says, that Kentucky could not have this commerce as a part of the United States, by reason of commercial treaties with other powers-that is, Spain had treaties with other powers, which entitled them to the privileges of the most favored nation. If then Spain granted to the U. States as a nation, the right of export and free commerce on the Mississippi, those other nations became by their existing treaties entitled to the same privileges. And this, Spain would not permit-Now apply this to Kentucky as se- parated from the union, and as an independent nation --- Would not a treaty made by Spain with Kontucky in which Kentucky as an independent nation, should be allowed the free navigation ofthe Mississippi, equally cn- title all those other nations with whom Spain had existing treaties, to the free navigation also, as completely as if the treaty had been made with the United States ? Most assuredly it would. Most assuredly the United States as to Spain was but one nation. Kentucky, as an independent nation, could not have been less than one. The same treaties therefore which prevented Spain from yielding the navigation of the Mississippi to the United States would equally prevent her from yield- ing it to Kentucky as an independent state. Mr. Brown
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presents this dilemme-Kentucky, separated from the union, was not to be independent of Spain : as she was not to have the free navigation of the Mississippi, tut as a dependent on Spain. Asa colony, or province ofthe Monarchy, Kentucky would present no difficulty, on ac- count of existing treaties. For Spain had no treaty which restrained her from permitting her own subjects the free navigation of the river.
" These considerations are well deserving the serious attention of the people of Kentucky. They merit the closest examination. For if there be not a fallacy in them, they demonstrate the most perfect conspiracy, not only against the United States, but against the political independence of this country.
" The anxiety of the people of Kentucky to obtain the navigation of the Mississippi were the hook, and line, by which they were to have been caught & led to their national degradation ; and to the forfeiture of that, which should be the pride & passion of every American citizen-the right of self-government. What could induce Mr. Brown to countenance propositions of so atrocious a nature ; and to cherish schemes for the subversion of the liberties of his country, if personal aggrandisement was not the ob- ject ? Was a title and a pension to have been the reward of his treachery ? Could a star and ribbon have consoled him for the execrations of those he betrayed ? For de- signs which are pursued, and for actions which are deli- berate-we want a motive --- What was Mr. Brown's ? Had he no motive of self-interest ? Had he no ill-design ? Was he innocent ? Was he the mere dupe of the Span-
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ish minister ? Did he not foresee the consequences which had arranged themselves in the train of his measures ? I will not undertake to solve these questions ; but I will investigate other facts that are before me, anon.
" AN OBSERVER. " Sept. 10th, 1806."
After the receipt and exhibition of this, and similar letters, and after reflections upon the proceed- ings of the July convention, and the conduct of the 1 leaders, the opinion of an existing intrigue between cer- tain citizens of Kentucky, and the agents of the Span- ish government, was now confirmed. General Wil- kinson, and Jo. Brown, were more than suspected. They were pointed out as persons concerned. That they had coadjutors in Kentucky, was not doubted. It was now recollected, that Wilkinson had given rise to a rumour that he had in that year, sent dispatches to Orleans, from whence he had received responses, favor- able to his views-commercial they were said to be -- and this mercantile curtain served to conceal the con- templated Treason, from public view, and from open, and successful scrutiny. The following testimony has been given by a resident of Orleans at the time, and whose peculiar situation placed the facts detailed within his knowledge. " General Wilkinson, had migrated as he says, to Kentucky so.ne years before, being then, as we learn from the same source, in moderate, if not in indigent circumstances ; in the year 1787 he planned and executed the project of opening a trade between the western country, and New-Orleans, seconded by some
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merchants of that city. He impressed the government with an high idea of his influence in Kentucky, and used means, (which in his own language, it would not be necessary nor obligatory, nor HONORABLE to detail) in order to procure for himself the exclusive trade be- tween Kentucky and New-Orleans."-Again, "This transaction was in 1787-for some time he had been trading in partnership with Isaac B. Dunn; on the 3d of August 1788, Wilkinson and Dunn, entered into articles of partnership with Daniel Clarke of New-Or- leans, for their mutual benefit in trade."
These documents present us with two distinct engagements, into which general Wilkinson had entered at New-Orleans ; one with the government, by which he had obtained the exclusive privilege, of tra- ding to that port ; and to obtain which he had used means, not necessary nor obligatory, nor HONORABLE to be disclosed : The other, merely commercial, and which as usual was committed to a formal contract. This double plot, it was, which perplexed the best in- formed men of Kentucky, at that day ; enabled Wilkin- son, to carry on his intrigue; and finally, to escape the punishment due to his perfidy ! Without meaning to violate the rules of cronology, or to anticipate our evidence, we may be permitted to remark, the correctness of which will be attested by the observa- tion of common sense, and confirmed in the sequel of this history; " that, what belongs to guilt, assumes secrecy ; that, the transaction of the intriguer, af- fects concealment ; which innocence disdains, and
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which the mercantile transactions, of general Wilkinson did not require." For in Kentucky, his commerce was a subject of exultation on his part, and of applause on the part of the people -- at Orleans, it was founded on the per- mission of the government ; whence he had nothing to fear. But with that government he had transactions, which were cloathed in mystery, and conducted in se- crecy, which are the never-failing appendages of guilt.
It is to be confessed that subsequent events, and evi- . dence derived from coadjutors, who were then concealed have thrown much light on the transactions of 1788 ; wh ch at that time were hid from public view, by the masks of the different agents.
At the July convention in 1788 the Spanish party, in a manner became organised. The most of them met face to face, they convened together, on the subject of declaring Kentucky independent, and organizing gov- ernment, separate and distinct from the union. They became acquainted with each others opinions, and they acted in concert, as men having in view a common cb- ject, which required their joint efforts ; without any ex- press stipula-ion as to the means, or specific contract as to contribution.
Harry Innes, then the attorney general for the dis- trict of Kentucky, in one ofthe caucuses held on the sub- ject of independent, organized government, without the sanction of law, and in violation of it, said "it will do" -- " it will do"-and paced the room for joy, as if in a proposition to commit treason, he had discovered a new moral excellence.
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In the spring of the same year, he had selected a trus- ty hand, with circumstances of much caution, to carry General Wilkinson's secret dispatches to the governor of New Orleans. And we have seen that in his letter to the Governor of the commonwealth, under date of the 21st of July 1787, he gave it as his decided opinion, that the western country would in a few years act for itself "and erect an independent government." And we have since seen from his own deposition, what ex- tensive outspreading branches, have sprung from these seeds of disloyalty, and corruption, in connecti- on with Sebastian, and Power, the pensioners, of Spain.
Nevertheless, to this day, it is matter of doubt whe- ther the head, or the heart, of this man, is most to be pitied, censured, or despised. Some suppose him, not only weak in judgment, but corrupt in principle- while others think, that the weakness of his intellect, the prevalence of his vanity, and the importance of his of- fice, exposed him to flattery, and made him an object to be caught, which Wilkinson laid his hands on, and played upon, for his own indemnity. For it would have been as utterly impossible, for the ATTORNEY GENE- RAL, to have prosecuted, a Spaniardised insurgent, as it was for the same officer, to prosecute those who vio- lated a treaty with the Indians. His uniform adher- ance to Wilkinson, Sebastian, and Brown, are so many evidences of his being of the party, and which led him to the intrigues in which he was afterwards concerned with the Spanish agents, whose object was a severance of the union, as fully disclosed on the trial of Sebastian.
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In the perplexity of congress to enforce its treaties with the Indians, either on the one side, or the other, it was resolved on the Ist of September 1788,
" That the secretary at war be, and he is hereby di- rected to have a sufficient number of troops in the ser- vice of the United States in readiness to march from the Ohio to the protection of the Cherokees, whenever congress shall direct the same ; and that he take mea- stres for obtaining information of the best routs for troops to march from the Ohio to Chota, and for disper- sing all the white inhabitants settled upon or in the vicinity of the hunting grounds secured to the Che- rokees by the treaty concluded between them and the United States, November 28th, 1785, agreeably to the proclamation of congress of this date.
" Resolved, That copies of the said proclamation, and of these resolutions, be transmitted to the executive of Virginia and North-Carolina, and that the said states be and they are hereby requested to use their influence that the said proclamation may have its intended effect to restore peace and harmony between the citizens of the United States and the Cherokees, and to prevent any further invasions of their respective rights and posses- sions ; and in case congress shall find it necessary to order troops to the Cherokee towns to enforce a due ob- servance of the said treaty, that the said states be, and they are hereby requested to co-operate with the said troops for enforcing such observance of that treaty."
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These resolutions being published in Kentucky, fur- nished new means to the disaffected to inflame the pub- lic mind against congress, and to spread existing sus- picions as to the policy of the atlantic states in relation to the western country. But the expectation of a legal separation enabled the well disposed to preserve the public peace.
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CHAPTER IX.
CONTENTS OF CHAPTER IX.
Proceedings of the convention of Nov. 1788-General
1 Wilkinson's memorial-incidents of Indian bostility- resolution offered by Wilkinson, its object-application to Virginia for act of separation-its passage and vari- ation from former acts-Spanish conspirators-their conduct-the parties-and their leaders-addresses to congress, and the legislature-treaty with the Indians -rumors that General Washington, would be made president-Colonel Marshall communicates with kim on the state of the district-the Spanish, and British in- trigue-government takes steps to defend the frontiers.
HAVING detailed the result of the convention of July 1788, and exposed the intrigue of Gardoqui and Brown, we are now to narrate the transactions of No- vember, in the same year.
The 3d of the month being appointed for the meeting of the convention, on the 4th, there was a quorum ; on
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the 5th, it proceeded to consider the important objects of its meeting ; whereupon the resolution of congress on the subject of separation, &c. and several other papers, were referred to a committee of the whole ; into which the convention was immediately resolved, and Mr .. Wilkinson called to the chair.
The discussion soon led to an enquiry into the pow- ers of the convention ; it was now ascertained that the resolution of the former convention on the subject of its powers, had not been referred to the committee. This occasioned the committee to rise, in order that such re- ference should be made. Already the leaders of the two parties had discovered themselves ; those who were de- termined on the regular course of obtaining a separation, and an independent state, with the assent of Virginia, and of congress, thought the subject fully before the committee, on the resolution of congress, &c. and made some opposition to the proposed reference, as unnccessa- ry, and as proposing no specific object. Wilkinson was in favor of the reference. He was laborious in the dis- play of the different subjects embraced in it, and dwelt with particular pathos on the importance of the free na- vigation of the Mississippi, to the people of Kentucky. A subject which he remarked was not before the com- mittee of the whole, although by its interest, and mag- nitude entitled to the first place in their deliberations. He was ambiguous as to the proper course to be pursued in order to obtain its use ; nor was this the time to pro- pose it, as he observed.
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Spain, had objections to granting the right of naviga, ting the river to the United States ; it was not to be pre- sumed that congress would obtain it for Kentucky, or even the western country, only : There was one way, and but one, of obviating these difficulties; but that way was so fortified by constitutions, and guarded by laws, that it was dangerous of access, and hopeless of attainment. It. was the certain, but proscribed course, which had been indicated in the former convention, which he would not now propose, but which every gen- tleman present would connect with a declaration of IN- DEPENDENCE, the formation of a constitution, and the organization of a new state. Which might safely be trusted to find its way into the union, on terms advan- tageous to its interests, and prosperity.
He expatiated on the prosperous circumstances of the country-its increasing population, its rich productions, and its imperious claims to the benefits of commerce.
That the same difficulties did not exist on the part of Spain, to concede to the people on the western water the right of navigating the river,-which she had to a treaty with the United States, there were many reasons for supposing. That there was information of the first im- portance on that subject within the power of the conven- tion, which he doubted not it would be equally agreea- ble for them to have, and for the gentleman who pos- sessed it, to communicate.
The orator seated himself, and all eyes were turned on Mr. Brown, then a member of the convention, as well as
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of congress. Some member, desired the gentleman, would communicate what he knew on the subject.
He, with all the mysterious gravity of one possessed of more than Delphic inspiration, and ready to deliver the oracles of fate, rose, and said-
" That he did not think himself at liberty to disclose what had passed in private conferences between the Span- ish minister, Mr. Gardoqui, and himself ; but this much in general, he would venture to inform the con- vention, that, provided, we are unanimous, every thing we could wish for, is within our reach."
This response so truly oracular, although a confirma- tion of what the General had said, did not appear to be satisfactory, either to him, or the convention. Again he rose, and as if impatient, for the further information of the convention, as for the greater display of his own knowledge, and talents ; and yet more anxious to make a strong impression on the minds of his audience, as to the importance of the Mississippi navigation, said, it was a subject he had much at heart, that he had some practical knowledge of the utility of a commerce with Orleans, and ever desirous of imparting his information as of sharing his profits, for the general good, he would with submission read an essay on the navigation and commerce of the Mississippi. He paused -- and the reading was called for. No doubt, by previous concert.
The manuscript was now produced ; it occupied some fifteen, or twenty, sheets of paper. The reading com- menced, and as it progressed each sheet was delivered, to M .. Sebastian, then known as one of the general's
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particular friends, and since, as a PENSIONER of Spain, It was addressed tothe, INTENDENT OF LOUISIANA. Asthe contents of this essay belong to history, it is a gratification, that we can give a faithful . transcript from the notes of one of the members of the con- vention.
" The author urges the natural right of the western people, to follow the current of rivers flowing through their country, into the sea, the great common and high- way of nations. " He states the extent of the country, the richness of the soil-the quantity, and variety of its productions, suitable for foreign markets, to which there are no avenues of conveyance, should the Mississippi continue shut to their export. " He states the advan- tages which Spain, would derive from allowing the free use of the river, to those, on its various waters, by the increase of revenue and resources.
" He states the population to be rapidly increasing, and that each individual looked forward to the free na- vigation of the Mississippi, with the utmost solicitude.
" He states the general abhorrence with which the people of the western waters received the intelligence, that congress was about to cede to Spain, the exclusive right of navigating the river for twenty-five or thirty . years. ,
" He represents it as a fact, that the western people, were on the point of separating themselves from the uni- on forever, on that account : considering that naviga- tion indispensible to their future growth, and prosper. ity.
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"Having amplified these points, he next addresses him- , self to the fears of his catholic majesty's Vice Roy by a pompous display of the force of the country-and press- es the idea that should Spain be so blind to her true in- terest as to refuse the use ofthe river to the western peo- ple , and thereby compel a resort to arms for its attain- ment, that Great Britain stands with her arms extended, ready to receive, and co-operate with them, in their ef- forts for the accomplishment of this great and favorite ob .. ject. And the more effectually to enforce this represen- tation, he quotes a conversation which he had, a few years before with a member of the British house of com mons to that effect.
" He states the facility with which the Spanish pro- . vince of Louisiana may be invaded by the united forces of Britain, and America, by means of the river Illinoise -- and the practicability of proceeding from thence to their province of New-Mexico.
" That the whole Spanish possessions in north Ame- · rica would be endangered, should the British, who al- ready held the mouth of the St Laurence, possess themselves of the mouth of the Mississippi, and thereby command the interior, by holding these grand portals, into the northern continent. These subjects are am- plified in the manner of the general. And he concludes the whole with an apology for the freedom with which he had treated the subjects of this essay ; and which had been drawn from one whose bead might err, but whose beart could not deceive."
Sa
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The reading being finished, the resolution in ques- tion was ordered to be referred to the committee of the whole, that it might have the subject of the Mississippi within the scope of its consideration.
It is believed that Gen. Wilkinson, had composed an essay on the commerce of the Mississippi, soon after he decided on seeking his fortune in the market of New Orleans-that it was taken with him in 1787, as no in- considerable part of his cargo. There can be no doubt , that the subject, was canvassed between him and the INTENDANT, whence they came to understand each other; and that subsequently this essay was revised, with a view of its being sent to the court of Spain, as a first fruit of his catholic majestys new subject ; which probably did not take place, until 1788. At which time a special messenger was sent from Kentucky to Orleans, with dispatches from Wilkinson, to the Spanish govern- or, and probably this paper among others.
This essay had merit for the views it combined of the relative interests of the countries on the waters of the Mississippi. Its being addressed tothe INTENDANT, and sent to the Spanish court with Wilkinson's appro- bation, instead of its being addressed, and sent to the congress of the United States, shew conclusively the bias, and the aim of its author. This it may be presum- ed without any violation of probability, was the founda- tion on which he obtained his pension, hereafter to be further noticed.
The Spanish party in the convention caught at the reference of the subject of navigation to the committee
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of the whole, as a most favorable indication of the dispo- sition of the convention : and as an earnest of final success.
To elucidate their real views, we have to recur to the half develope.nents, and mysterious concealments of Mr. Brown, in the convention. And here again we shall - avail ourself of the disquisition of AN OBSERVER
" If those who have witnessed the effects of the rain, hail, and thunder, of the natural storin, can so soon for- get its terrors, and its ravages, as to enjoy ease, in the succeeding calm ; it is no wonder that the people of Kentucky should look back with conposure upo. the political hurricane which some years since passed in re- view, over the civil horizon, of their country.
" Yet it is believed, that they are not insensible to the danger with which they were threatened, by the cri- minal intrigues of Mr. John Brown, and others; or that they can review with indifference the conduct of those who would haye exposed them to the crime of high trea- son, to the penalties of criminal prosecution, or to the distressing calamities of domestic and foreign war.
" That we may have a proper view of these subjects, I will cite a law of Virginia which passed in 1785, and which was in force in 1788, entitled, " An act punishing certain o.fences, and vesting the governor with certain powers."
" Section Ist. Whereas, it is the true interest and policy of this commonwealth, that the constitution, so- vereigaty, and independence thereof should at all times be maintained, and supported, and it is highly criminal
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in ary person or persons, to alienate the citizens of the 1 state from their attachment and allegiance to the same:
" Sec. 2d. Be it therefore enacted by the general as- sembly, that every person or persons, who shall erect cr establish, or cause and procure to be created and estab- lished, any government separate from, or independent of the government of Virginia within the limits thereof, unless by an act of the legislature of this commonwealth for that purpose, first obtained ; or who shall in any such usurped government, hold or execute any office le- gislative, executive, judicial, or ministerial, by whatever- name such office may be.distinguished, orcalled ; or who shall swear, or otherwise solemnly profess allegiance , or fidelity to the same ; or who shall under pretext of au- thority derived from, or protection offered by such u- surped government resist, or oppose the due execution of the laws of this commonwealth, shall be adjudged guilty of high treason, and shall be proceeded against and punished by the laws now in force.
" Sec 3d. And be it further enacted, that every per- son who shall attempt to establish such government by. any other means than with the assent of the legislature of this con monwealth, and in pursuance of such atten pts, shall join with any other person or persons in any overt act, for promoting such attempte, or who shall by writ- ing, or advised speaking, endeavor to instigate the peo- ple of this commonwealth to erect, or establish such go- vernment without such assent as aferesaid, shall be ad- judged guilty of a high crime, and misdemeanor, and on conviction shall be subject to such pains and penalties-
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