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 24
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not extending to life or member, as the court before whom the conviction shall be had, shall adjudge.
" Sec. 4th. And it be it further enacted, that in case any combination to establishing such government shall become so powerful as to obstruct the due execution of the laws of this commonwealth, in the ordinary course, of proceeding within any county or counties thereof, it shall and may be lawful for the governor with the advice of the council to call out the militia of the state to sup- press such combination, and to employ them in the man- ner as he may do by law in cases of invasion or insurrec- zion, ??
" Thus we see, what was the sense of Virginia with re- spect to the erection of independent government, within her limits, and without her previous consent, obtained for that purpose. We see her sense of high crimes, and misdemeanors, inferior to high treason. We see that in case any combination for the purpose of establishing such government, had become so powerful as to obstruct the due execution of the laws of Virginia, (which must have been the case if Kentucky had been declared indepen- dent, as Mr. Brown advised,) that the governor was authorised to call out the mil tia of the state, that great. Palladium of liberty, and defence of a free country, and to have employed it, as in case of invasion or insurrection. And who can doubt but that the governor would have done his duty ? Who can imagine that the state of Vir- ginia, and the United States, would have permitted, peaccably, a dismemberment, of their territory, and the erection of a separate and hostile state, upon their fron-
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tiers ? What Virginian was there on the eastern side of. the Cumberland mountain, who would not have been roused by a sense of the indignity, the injury, and the danger, to the parent state, by permitting such a mea- sure to take effect ? It is believed there was none. Hosti- lities therefore would have been the consequence.
" Thus do we see Mr. Brown, the citizen of Kentuc- ky, the delegate in congress from Virginia, the confiden- tial agent of the people; sowing the seeds of discord, hatching conspiracy, and brooding over treason, in con- junction with the Spanish minister in New - York.
" Mr. Brown announces his return to Kentucky ; and accordingly, he attends the convention in the fall of the year 1788.
"' He was there called on to give such information re- specting our affairs at congress, as might be proper for the convention to know. He told the convention that he did not think himself at liberty to mention what pass- ed in private conversation between Don Gardoqui and himself, respecting the people of Kentucky ; but this much in general he would venture to inform the con- vention, " that provided we were unanimous, every thing we could wish for, is within our reach."
"Unanimous, about what ? Why in favor of a decla- ration of independence. Mr. Brown, in his letter to Judge Muter, had said that in his opinion a declaration of in- dependence, would tend to preserve unanimity, and ena- ble Kentucky, to adopt with effect, such measures as might be necessary to promote the interest of the district. I: was then, unanimity in the declaration of independence,
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which Mr. Brown suggested as the ground work, for ob- taining from Spain, whatever we should wish.
" Thus it follows by unavoidable inference and con- clusion, from premises furnished by Mr. Brown himself; that he was in favour of a declaration of independence, -That is, in plain terms, for a violent separation from Virginia, and the United States, contrary to their assent, and to law.
" No wonder, that Mr. Brown was cautious in the' convention ; no wonder that he had qualms of delicacy as to his private conferences with Gardequi ; he saw men in the convention who were opposed to separation from Virginia on any terms -- he saw others, and some of the most respectable, who were in favor of a legal, and regu- lar separation from Virginia, and connection with the union ; others there were indeed, who concurred with him, but who were opposed by both the other classes. The man who had contrived the sliding letter to Col. M'Dowell, though not always known as an enemy to his country, had been remarked as a man of caution. Andif any surprise should be excited by his conduct, it must be; "that even to his confidential friend, Judge Muter, he so far, and so freely, unbosomed himself. We see a scheme formed ; a system'developed for dismembering Virginia ; deserting the union of the states ; and forming a con- nection with Spain. A connection too, which must in it's arrangement have degraded Kentucky, to the condi- tion of a Spanish dependency.
" For, says Mr. Brown, and it cannot be too often repeated, until it is fully understood, Kentucky must de-
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clare herself independent of the United States ; for as a part of the United States, she never can have the naviga- tion of the Mississippi ; by reason of commercial treaties existing between that court, and other powers of Europe. And why ? Because those other powers, were entitled to the privileges of the most favored nation.
" If therefore the U. States should be allowed to na- vigate the rivers in a Spanish colony, as the Mississippi, for example, then by virtue of these treaties, those Euro- pean powers,. would be allowed the same right. And this Spain never will permit. Well, how is this difficul- ty to be gotten over, with respect to Kentucky ? Why, Kentucky is to acknowledge . the supremacy of Spain, take protection under her banners, and then she may navigate the Mississippi as another Spanish subject, without entitling any other nation, by any treaty to that privilege. Thus we see the independence which Mr. Brown desired, was of the Union ; not of Spain. For the navigation of the Mississippi, a thing admitted to be wholly in the power of Spain, was the great ostensi- ble object ; and the moving principle in the manage- ment ofthis plot. But the last necessary mean of ob- taining this navigation, the subjection to Spain, was carefully kept out of sight. It was like the slip of pa- per in Col. M'Dowell's letter. It was not for the sight of common people ; it was to be seen only, by the fa- voured few, by those who could be confided in, by those innitiated into the holy misteries of treachery, at home, and subjugation abrond. The decisive step once taken -the declaration of independence once made-We have
KENTUCKY. 364 seen that Virginia, and the United States, were bound by duty, and by interest, to reduce us to our former situ- ation, by all the powers of government, and the military force necessary for the purpose.
But what would Kentucky have done ? Let us recur» to the motive which induced the declaration of indepen- dence ; let us recollect it was for the purpose of obtaining the navigation of the Mississippi ; let us reflect that this : object was in the possession of the Spaniards -- and can it be doubted what Kentucky would have done, under the influence of those men, who had advised and led her into the measure ? No; Kentucky would have resorted to her physical strength, and to her military resources ; she would have called in the aid of the Spanish Monarchy ; and to obtain it, and the navigation of the river, she must have put herself under Spanish protection. Are not these inferences probable ; nay, are they not certain . from the premises ? Were they not foreseen by Mr. Brown, and those who forwarded his projects ? Mr. Brown was thought a man of talents, a man of sagacity, a lawyer, a politician : was his plot but half formed, had- he projected the treason, without providing a retreat for the traitor ? Had he intended only the commission of a crime, and the disgrace of punishment, for himself and the people of Kentucky ? This seems hardly proba- ble : or had he matured the whole scheme with Don Gardoqui ; and was it this, which bis delicacy would not permit him to relate in the convention ? We can hardly impute to mr. Brown, less than an entire system-To say that he would advise a declaration of independence
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merely, without devising the means of rendering it ef- fectual, would be doing injustice to his reputation for" political knowledge, would be degrading him in the eyes of his fellow citizens, and exposing him to common, and vulgar derision. To avoid this, I am constrained to attribute to him, the formation or adoption of a whole and practicable plan of separation : a view of the end, and of the means. And in this it is impossible to omit an alliance with S ain, on terms of concesssion, degra- ding to a free people.
" After the conduct of mr. Brown, his relations and friends ; after what has been said in private, and in pub- lic, of those who have dared to countenance the report of his clandestine, and treasonable conduct, while a member of Congress ; I deem him a subject worthy of public at- tention : I deem it important to the people of Kentucky of whom, I am one, that the conduct of mr. Brown, should be thoroughly scrutinised, and publicly exposed, in order that they may award him a verdict according to his deserts. I am not his accuser, but I am ready to say, that the accusation is hut an act of public justice ; · that the advocates of mr. Brown, are desired to subtract from the charges here repeated, or illustrated, all that is not proved ; and that the residue is sufficient to fix for- ever, with a loyal people, the stamp of treachery on bis nam :. "
The party were closely observed-and it now became necessary to counteract their designs. This was in part done upon the introduction of two petitions from per- sons resident in Mercer, and Madison Counties, praying:
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that a spirited and manly address be sent to Congress, to . obtain the navigation .of the Mississippi. Harry Innts. 'who was one of the members from Mercer, and a sort of patron for the other County, it is believed had received, and of course presented these petitions. He, no doubt thought, as they related to the naviga ion of the Mississip- pi, they might be made subservient to the main design, of immediately organizing a new state ; without adverting to the ease with which they could be made to defeat that project for the present, by persuing the loyal course indi- cated in them, For attaining their object. Or the Span- ish party might not be averse, to an address going on to congress, upon the subject of the navigation, from a con- viction that the right of using the river, would not be conceded by Spain to that body : and in the full hope and expectation that the disappointment would irritare the people, and contribute to alienate them from the union ; and thus become subservient to the same end in future, should it fail of a present attainment.
The other side of the house were satisfied with the dis- charge of their own duty, with the constitutional course pointed out by the petitions ; and with a conviction that congress would obtain the use of the river as soon as practicable. Both parties concured in refering the pe- titions-soon after which a resolution was reported, and ordered to lie on the table.
This moment was seized to call up a resolution, " which had been offered by Mr. Edwards, and secon- ded by Mr. Marshall, for appointing a committeeto dra v up a decent and respectful address to the assembly
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of Virginia, for obtaining the Independence of the Dis- trict of Kentucky agreeably to the late resolution and recommendation of congress." The call was agreed to; and a committee appointed consisting of the two gentlemen above named, Mr. Muter, Mr. Jouett, Mr. Allen, and Mr. Wilkinson.
This may be considered as a leading, and decisive fea-, ture in characterising the proceedings of this convention. It marked its disposition with loyalty, and taught the Spanish party, what they were to expect, as the result, of further deliberations.
Wilkinson, was the only man of this party, on the committee. The other members were for obtaining the desired separation in the way prescribed by the constitu- tion, and laws. Nor had the general the temerity open- ly, and avowedly to oppose that course. He had satis- factorily, to his own judgment, ascertained that the state of public opinion would not bear him out in openly pur- suing the views taken in the preceding convention, and he was too profound a politician, to offer a scheme of disloyalty, and treason, which he was certain would be overruled by his colleagues, and could only, result in disappointment and disgrace to himself, and his adher- ents. The same conviction of public opinion was ne- cessarily applied to all the objects of this convention. The timely activity o' Colo. Crockett, in obtaining sig- natures, to a remonstrance against, a violent separation, contributed not a little to this conviction. To attain the navigation of the Mississippi, by a direct treaty
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with Spain was a proposition too hazardous to be made at that time, and place.
On the 6th of the month, the resolution on the peti- tions from Mercer and Madison, was taken up, the pe- titions voted reasonable, and a committee ordered to draw up the address to congress. Mr. Wilkinson, Mr. Marshall, Mr. Muter, Mr. Brown, Mr. Sebastian, and Mr. Morrison, were appointed.
Mr. Edwards, reported an address to the Legislature of Virginia, on the subject of separation ; an amendment being offered the subject was postponed. By some, this postponement was believed to have been a manoeuvre.
On the 8th, Mr. Wilkinson offered the following pre- face, and resolution.
" Whereas it is the solemn duty, so it isthe ardent desire of this convention, to pursue such measures as may pro- mote the interest and mect the approbation ci their constituents, but the discordant opinions which at prest . ent divide the good people they represent, render it doubt- ful whether they can adopt any plan which will embrace the opinions of all, or even secure the support of a ma- jority-in this state of embarrassment, perplext' with doubts, and surrounded by difficulties, in order to avoid error, and to attain truth, to remove the jealousies which . have infected society, and to restore that spirit of harnio- ny and concord, on which the prosperity of all depend. ; they deem it most eligible to address their constituents on the momentous occasione Therefore,
Resolved, that a committee be appointed to draft an address to the good people of the district, setting forth
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the principles from which this convention act ; repre .. senting to them their true situation, urging the necessity of union, concord and mutual concession, and solemnly. calling upon them to furnish this convention, at their next session, with instructions in what manner to pro- ceed, on the important subject to them submitted; and a committee was appointed, of mr. Wilkinson, mr. In- nes, mr. Jouett, mr. Muter, mr. Sebastian, mr. Allen, and mr. Caldwell."
Unless the object of this resolution wasto get the sub- ject of Independent Government again before the peo- ple, andby playing upon their fondness for the naviga- tion of the Mississippi, and their fears that Congress did not mean to obtain it for them, but to cede it to Spain, and by these means gain instructions, from them to the convention, to declare,, the District at once In- dependent , and organize government, it is difficult, if not impossible to ascribe to it any rational meaning. For if a separation in the legal course, was desired, public opinion, was sufficiently ascertained on that point ; and it appeared that a majority of the convention, had alrea- dy manifested a determination to pursue that course. As to the distraction, supposed to exist in public opinion, it had been produced principally, if not solely, by the project, of irregular, and clandestine separation ; origi- nited with the general himself, or mr. Brown.
The concord, and unanimity recommended, was not necessary to attain a regular and constitutional separa- tion ; because, for that purpose the people were already suficiently agreed, and united.
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On the roth Mr. Wilkinson reported the address to congress, which was agreed to, as follows ----
"' To the United States, in Congress assembled."
" THE people of Kentucky, represented in conven- tion, as freemen, as citizens, and as a part ofthe Ameri- can republic, beg leave, by this humble petition to state their rights, and call for protection in the enjoyment of them.
" Fathers !- Fellow-citizens !- and Guardians of our rights !- As we address you by the endearing appel- Tation of fathers, we rely on your paternal affection to hear us ; we rely on your justice, as men and citizens, to attend to the wrongs done men and citizens ; and as a peop'e recognized by the solemn acts of the union, we look for protection to the federal head.
" When the peace had secured to America.that sove- reignty and independence for which she had so nobly contended, we could not retire, with our atlantic friends to enjoy in case the blessings of freedom. Many of us had expended, in the struggle for our country's rights, that property which would have enabled us to possess a competence with our liberty.
" On the western waters the commonwealth of Virgi .. nia possessed a fertile but uninhabited wild.
" In this wilderness we sought, after having procured fiberty for our prosperity, to provide for their support .- Inured to hardships by a long warfare, we ventured into almost impenetrable forests, without bread or domestic cattle-we depended on the casual supplies afforded by the chase ; hunger was our familiar attendant, and even
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our unsavour meals were made upon the wet surface of the earth, with the cloud-deformed canopy for our cov- ering .- Though forced to pierce the thicket, it was not in safety we trod ; the wily savage thirsted for our blood ; lurked in our paths, and seized the unsuspecting hunter. Whilet we lamented the loss of a friend, a brother, a fa- ther, a wife, a child, became a victim to the barbarian to- mahawk : instead of consolation, a new and greater mis- fortune deadened the sense of former afflictions. From the union we receive no suppor :- but we impeach not their justice. Ineffectual treaties, often renewed, and as often broken by the savage nations, served only to supe ply them with the means of our destruction. But no human cause could controul that Providence, which had destined this western country to be the seat of a civilized andhappy people. The period of its accomplishment war distant, but it advanced with rapid and incredible strides. We derive strength from our falls; and num- bers, from our losses ; the unparalleled fertility of our soil made grateful returns, far disproportioned to the slight labour which our safety would permit us to bestow. Our fields and herds afforded us not only sufficient sup- port for ourselves, but also for the emigrants who annu- àl'y double our numbers, and even a surplus still remains for exportation. This surplus would be far greater, did not a narrow policy shut up our navigation, and dis- courage our industry.
" In this situation, we call for your attention. We beg you to trace the Mississippi from the ocean-survey the innumerable rivers which water your western terri-
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tory, and pay their tribute to its greatness-examine the luxuriant soil which those rivers traverse : then we ask, can the God of wisdom and nature have created that vast country in vain ? was it for nothing that he blest it with a fertility almost incredible ? Did he not provide those great streams which empty into the Mississippi, and by it communicate with the Atlantic, that other na- tions and climes might enjoy with us the blessings of our fruitful soil ? View the country, and you will an- swer for yourselves. But can the presumptuous mad- ness of man imagine a policy inconsistent with the im- mense designs of the Deity ? Americans cannot.
" As it is the natural right of the inhabitants of this country to navigate the Mississippi, so they have also the right derived from treaties and national compacts.
" By the treaty of peace, concluded in the year 1763, between the crowns of Great Britain, France and Spain, the free navigation of the river Mississippi was ascer- tained to great Britain : the right thus ascertained, was exercised by the subjects of that crown, till the peace of 1783, and conjointly with them by the citizens of the United States.
" By the treaty, in which Great Britain acknowledged the independence of the United States, she also ceded to them the free navigation of the river Mississippi. Tt was a right naturally and essentially annexed to the possession of this western country, As such it was claimed by America, and it was upon that principle she obtainadit : yet the court of Spain, who possess the
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country at the mouth of the Mississippi, have obstructed your citizens in the enjoyment of that right.
" If policy is the motive which actuates political con- duct, you will support us in this right, and thereby en- able usto assist in the support of government. If you will be really our fathers, stretch forth your hands to save us. If you would be worthy guardians, defend our rights. We are a member that would exert any muscle for your service. Do not cut us off from your body. By every tie of consanguinity and affection, by the re- membrance of the blood we have mingled in the common cause, by a regard to justice and policy, we conjure you to procure our right.
" May your councils be guided by wisdom and justice, and may your determinations be marked by decision and effect. Let not your beneficence be circumscribed by F the mountains which divide us ; but let us feel that you are really the guardians and asserters of our rights : then you will secure the prayers of a people, whose gratitude would be as warm as the vindication of their rights will be eternal ; then cur connection shall be perpetuated to the latest times, a monument of your justice, and a ter- ror to your enemies."
This is the General's composition, and here it may be said, he not only brings out his stores of historical know- ledge, but sports his fancy over a subject, grown quite familiar. He knew that in the present state of things, however anxious congress might be to obtain the right of navigating the Mississippi ; that it would be withheid by Spain, to whose former stock of motives, for such con-
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duct, the General and M .. Brown, had superadded o- 5 thers. But when this address was published to the peo- ple on the western waters, it would stir up and inflame their feelings, as much in favor of the author, as against the congress, in the certain event of Spain's withholding the right of navigation.
The same day Mr. Wilkinson also reported, an ad- dress to the people ; conformable to the resolution on that subject, which was referred to a committee of the whole convention. As no further notice appears on the jour- hals, which we have seen, of this address, nor the ad- dress itself, we infer that it never came to maturity ; but .. was stifled-by the address to the legislature, which was now finally acted on ; and is inserted, rather as an ex- ample of perseverance, than as offering any new matter upon an old subject.
& To the Honourable the General Assembly for the Com-
monwealth of Virginia.
"GENTLEMEN,
" THE representatives of the good people inhabiting the several counties composing the district of Kentucky, in convention met, beg leave again to address you on the great and important subject of their separation from the parent state, and being made a member of the fede- ral union.
To repeat the causes which impel the inhabitants of this district to continue their application for a separation, will in our opinion, be unnecessary. They have been generously acknowledged and patronized in former As- semblies; and met the approbation of congress,
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whose consent was necessary towards the final comple- tion of this desirable object, and who resolved that the measure was expedient and necessary, but which from their peculiar situation, they were inadequate to de- cide.
" As happiness was the object which first dictated the application for a separation, so it has continued to be the ruling principle in directing the good people of Kentuc- ky to that great end, upon constitutional terms, and they conceive the longer that measure is delayed, the more will they lie exposed to the merciless savage, or (which is greatly to be feared) anarchy, with all the concomitant evils attendant thereon.
" Being fully impressed with these ideas, and justified by frequent examples, we conceive it our duty as free- men, from the regard we owe to our constituents, and being encouraged by the resolutions of Congress, again to apply to your honorable body, praying that an act may pass at the present session, for enabling the good people of the Kentucky district, to obtain an independ- ent government and be admitted into the confederation, as a member of the federal union, upon such terms and conditions as to you may appear just and equitable ; and that you transmit such act to the president of this con -. vention with all convenient dispatch, in order for our consideration and the final completion of the business .... This we are emboldened to ask, as many of the causes which produced fermer restrictions, do not now exist .-. Finally, relying on the justice and liberality of your hon- ourable house, so often experienced, and which we are
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