USA > Kentucky > The political beginnings of Kentucky. A narrative of public events bearing on the history of that state up to the time of its admission into the American Union > Part 16
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19
.
-
231
The Political Beginnings of Kentucky.
The political unwisdom of this vote has always been apparent to calm observers. Its effects yet linger, though the cause has disappeared. And the unfortunate step was taken under the guidance of a man whose ability and uprightness can not be questioned, whose experience in affairs was large, and whose performances justified confi- dence. But Nicholas was not yet a Kentuckian. He had not yet learned the ways of the West, nor comprehended where the interests of the new Commonwealth were different from what suited or seemed to suit Virginia and her people.
Had George Nicholas been already ten years in Kentucky he would have voted with Garrard and Innes and the Bap- tist preachers to exclude slavery from Kentucky. Had he not been a member of the convention a Constitution omitting the ninth article relative to slavery would have been promul- gated. His argument was elaborately prepared and carefully reasoned, from premises that he stated with strength and terseness. The MS. statement of his points of argument still exists, a singular example to those who read it in the light of what a century has brought forth of a fabric of false conclu- sions reared by accurate logic upon a foundation of unsound premises. And it had weight chiefly with the more intellect- ual element of the convention. The flaw of the argument was more apparent to the conscience of the preachers than to the intellectual apprehension of their fellow delegates, the lawyers.
232
The Political Beginnings of Kentucky.
The adoption of the Constitution of 1792 launched Ken- tucky fairly upon her career as an independent and sover- eign State, indissolubly united by the very terms of her creation with all the sister States in Federal Union.
And at this point of her history the story of Kentucky's Political Beginnings may properly pause. It marks the first period of the life of the State; the time when the hardships of men were great; when the life of the frontier was full of danger; when there was only the shadow of nationality in the feeble confederation; when distance and isolation made the pioneer of the West a stranger to his people; when every temptation was to wrest with a strong hand from Indian and from Spaniard the security which seemed beyond the power of diplomacy to acquire.
Amid all their discouragements hope and reverence for law never failed those men. Through the tedious series of eight disheartening conventions, called with all formality and prolonged through weary years, they sought, in patience and without resentment at repeated failure, the right of statehood. As they carried the arms of their country west- ward to conquer a wilderness, so they carried with them that spirit which magnifies the law and teaches men to value the self-imposed restraints that freemen alone can devise.
The men who lived amid the dangers of that perilous time, who founded the empire of the West, who builded the
.
233
The Political Beginnings of Kentucky.
first Commonwealth beyond the Alleghanies, were of strong motives and hardy ways. They merit a judgment as robust as was their own nature. They dealt with great problems and great dangers. They were terribly in earnest, and they became, if they were not at first such, strong in opinion as they were in action.
Those who in these quieter times explore the history of those earlier years will find much that no calm judgment can approve. Suspicion and detraction were rife. Denun- ciation of motive was frequent. Unjust judgments were common among them. But "if ever there was a time when men might have differed, not only honestly but hotly, when every allowance ought to be made for misconceptions of each other's motives and misunderstandings of each other's char- acters, it was during the earlier years of our national life. A new government, a vast country, unsettled interests, wide- spread privation and unreasonable hopes, ambition in high places, restlessness everywhere, and great political difficulties both at home and abroad, surely all these elements must have combined in a public life which requires for its proper appreciation not only wise and stern judgment, but that gentler and better teacher, the charity which believeth no evil and hopeth all things. That the men of the day mis- judged themselves and their contemporaries, and that they spoke bitterly one of another is natural enough, for they
30
234
The Political Beginnings of Kentucky.
were mortal. . . . What they did they did all together; the humblest of them doing much that we should imitate, the highest of them much that we should avoid."1
The sober judgment of their posterity will not tolerate the thought that the men who did so well their part in times of peril and responsibility were false to any duty of patri- otism.
They will refuse to question the integrity of Isaac Shelby or Samuel McDowell, or John Brown or Harry Innes, or Christopher Greenup or Caleb Wallace; for all their acts rebut suspicion; and for the same reason they will absolve John Edwards and George Muter and Thomas Marshall from suspicion of disloyal purpose.
When the element of personal enmity that embittered its political contests is eliminated from Kentucky's early story, there remains for the veneration of a later age the story of a band of brave, patient, sagacious, and patriotic men, devoted to their country, deserving well of it-each a laborer in the common cause-each laboring with honest purpose and efficient zeal to secure the establishment and the perpetuity of a great, a powerful, and a happy Commonwealth.
I Trescot, Diplomatic History of the Administrations of Washington and Adams, p. 67, note.
APPENDIX.
No. I.
[SEE TEXT, PAGE 67.]
EXTRACTS FROM THE JOURNAL OF A CONVENTION, BEGUN AND HELD AT DANVILLE, IN LINCOLN COUNTY, THE 23D DAY OF MAY, 1785: WHICH DAY, BEING THE DAY APPOINTED BY THE CONVENTION HELD AT DANVILLE, DECEMBER 27TH, 1784 :
Resolved unanimously, as the opinion of this committee, That a petition be pre- sented to the Assembly, praying that the said district may be established into a state separate from Virginia.
Resolved unanimously, as the opinion of this committee, That this district, when established into a state, ought to be taken into union with the United States of America, and enjoy equal privileges in common with the said states.
Resolved, That this Convention recommend it to their constituents, to elect deputies in their respective counties, to meet at Danville on the second Monday of August next, to serve in convention, and to continue by adjournment till the first day of April next, to take further under their consideration the state of the district.
Resolved unanimously, That the election of deputies for the proposed convention ought to be on the principles of equal representation.
Resolved, That the petition to the assembly for establishing this district into a state, and the several resolves of the former and present convention, upon which the petition is founded, together with all other matters relative to the interest of the dis- trict that have been under their consideration, be referred to the future convention, that such further measures may be taken thereon as they shall judge proper.
To the Honourable the General Assembly of Virginia :
The petition of a convention of the inhabitants of the District of Kentucky, begun and held at Danville, in Lincoln county, on Monday the twenty-third day of May, 1785:
"HUMBLY SHEWETH: That your petitioners, having been deputed by the people, pursuant to the recommendation of a late convention, to take into consideration the propriety and expediency of making application to the legislature for having this dis- trict established into a separate state, to be taken into union with the United States (as also the several grievances stated by that convention ; and to adopt such measures thereon, and whatever else might come before them, as should appear most conducive
236
Appendix.
to its interest), are unanimously of opinion - that the remote situation of the district from the seat of government, together with sundry other inconveniences, subjects the good people thereof to a number of grievances too pressing to be longer borne, and which can not be remedied whilst the district continues a part of the state of Virginia ; conceiving it to be not only the privilege, but the duty of all men to seek happiness by entering into any form of civil society, not injurious to others, that they may judge most conducive to this great end ; at the same time being anxiously desirous to culti- vate the most perfect harmony with our brethren in the other parts of the state, and when we are under the necessity of being separated from the parent whose fostering hand, we gratefully acknowledge, has formerly been extended to our infant settlements ; wishing nothing more devoutly, than that her blessing may ever attend us; therefore, we are induced to pray that, agreeable to the provisional clause in the constitution, the district of Kentucky may be established into a separate and independent state, to be known by the name of the Commonwealth of Kentucky; which we wish to take place under the following regulations, to wit :
That as soon as may be, after the said state is established, a convention be authorized to assemble and adopt a constitution and form of government ; that the several acts of assembly which may be in force at the time of separation, together with the common law of England, all statutes or acts of Parliament made in aid of the common law prior to the fourth year of the reign of James the first, which are of a general nature, not local to that kingdom nor repealed or altered by the. legislature of Virginia, continue to be the rule of decision, and be considered as in full force, so far as they are applicable to the district, until the same shall be altered by the legislative power of the common- wealth of Kentucky; and that as soon as conveniently may be, after the district is established into a state, an equal number of commissioners from Virginia and the said state be appointed and authorized to settle and adjust the proportion of the state debt to be paid by each ; and, if the commissioners can not agree, that the difference be referred to and settled by Congress, as provided by the articles of confederation and perpetual union.
Finally, we hope and expect that our representatives will cheerfully grant a request justified by the principles of our government as well as by the necessities of our con- dition, and that by an act of separation we shall be placed in the situation best adapted for attaining the advantages of a free and well regulated government; and that we shall likewise be recommended to Congress to be taken into union with the United States of America, to enjoy equal privileges in common with them.
And your petitioners shall ever pray, &c.
To the inhabitants of the District of Kentucky :
FRIENDS AND FELLOW-CITIZENS: We, your representatives, met in convention, in consequence of our appointment beg leave to address you on a subject which we con- sider of the last importance to you, to ourselves, and to unborn posterity. In every case where it becomes necessary for one part of the community to separate from the other, duty to Almighty God and a decent respect to the opinions of mankind require that the causes which impel them thereto should be clearly and impartially set forth.
We hold it as a self-evident truth, that government is ordered for the ease and pro-
237
Appendix.
tection of the governed, and whenever these ends are not attained by one form of government, it is the right, it is the duty of the people to seek such other mode as will be most likely to ensure to themselves and their posterity those blessings to which by nature they are entitled.
In the course of our enquiries, we find that several laws have passed the legislature of Virginia, which, although of a general nature, yet in their operation are particularly oppressive to the people of this district ; and we also find, that from our local situation we are deprived of many benefits of government which every citizen therein has a right to expect, as a few facts will sufficiently demonstrate.
We have no power to call out the militia, our sure and only defence, to oppose the wicked machinations of the savages, unless in cases of actual invasion.
We can have no executive power in the district, either to enforce the execution of laws or to grant pardons to objects of mercy ; because such a power would be incon- sistent with the policy of government and contrary to the present constitution.
We are ignorant of the laws that are passed until a long time after they are enacted, and in many instances not until they have expired ; by means whereof penalties may be inflicted for offences never designed, and delinquents escape the punishment due to their crimes.
We are subjected to prosecute suits in the High Court of Appeals at Richmond under every disadvantage, for the want of evidence, want of friends, and want of money.
Our money must necessarily be drawn from us, not only for the support of civil government, but by individuals who are frequently under the necessity of attending on the same.
Nor is it possible for the inhabitants of this district, at so remote a distance from the seat of government, ever to derive equal benefits with the citizens in the eastern parts of the state; and this inconvenience must increase as our country becomes more populous.
Our commercial interests can never correspond with or be regulated by theirs, and in case of any invasion the state of Virginia can afford us no adequate protection in comparison with the advantages we might (if a separate state) derive from the Federal union.
On maturely considering truths of such great importance to every inhabitant of the district, with a firm persuasion that we were consulting the general good of our infant country, we have unanimously resolved, ' that it is expedient and necessary for this dis- trict to be separated from Virginia and established into a sovereign independent state, to be known by the name of the "commonwealth of Kentucky," and taken into union with the United States of America.' In order to effect this purpose, we have agreed on a petition, to be presented to the legislature of Virginia at their next session, praying that a separation may take place, in which petition are fully set forth such terms as we thought beneficial to our infant country, and not inconsistent for Virginia to grant.
It is generally admitted that this district ought, at some period not far distant, to be separated from the government of Virginia.
The only question then is, whether we are now of sufficient ability either to fill the different offices of government or to provide for its support? In answer to the first part of this objection, examples have taught us that sound principles and plain sense
-
238
Appendix.
suffice for every laudable purpose of government; and we generally find that the lib- erty of the subject and the laws of the land are in the highest reverence at the founda- tion and rise of states, before the morals of the people have been vitiated by wealth and licentiousness, and their understanding entangled in visionary refinements and chimerical distinctions; and as to the latter part, we have now in our power several valuable funds, which, if by procrastination we suffer to be exhausted, we shall be stripped of every resource but internal taxation, and that under every disadvantage; and therefore we do not hesitate to pronounce it as our opinion that the present is preferable to any future period.
" By an act of the last session of assembly we find that the revenue law is now fully and immediately to be in force within the district, so that we shall not only pay a very considerable part of the tax for supporting the civil government of Virginia, but also be obliged to support our supreme court and every other office we need in the district at our own charge ; and we are of opinion that the additional expence of the salaries to a governor, council, treasurer, and delegates to congress will, for a number of years, be more than saved out of the funds before alluded to without any additional tax on the people.
" To impress you still more with a sense of our regard to your interests as a free people, we have determined not to proceed in a matter of such magnitude without a repeated appeal to your opinions. We have, therefore, recommended the election of another convention, to meet at Danville on the second Monday in August next, to take further into consideration the state of the district and the resolves of this and the pre- ceding convention. In this election we hope you will be actuated by a serious sense of the important objects which the proposed election is designed to promote."
Ordered, That the clerk of the convention transmit one copy of the petition and one copy of the address now agreed on to the clerks of the several courts in the district, with a request that they be set up at their respective court-house doors.
Ordered, That the resolve of this convention fixing the time of holding the several elections in the district be annexed at the foot of the copies of the two addresses which are to be transmitted to the clerks of the several courts.
Resolved, That the number of members for each county be as follows: For the county of Jefferson six, for the county of Nelson six, for the county of Lincoln ten, for the county of Fayette eight, and that the elections be held on the July court day of each county, at the court-house.
No. II. [SEE TEXT, PAGE 72.]
EXTRACTS FROM THE JOURNAL OF THE CONVENTION, HELD ON MONDAY, THE 8TH DAY OF AUGUST, 1785.
The convention, according to the order of the day, resolved itself into a committee of the whole on the state of the district, and after some time spent therein Mr. Presi- dent resumed the chair, and Mr. Muter reported that the committee had had under
239
Appendix.
consideration the matters to them recommitted, and had made several amendments, which having read in his place, and afterwards delivered in at the clerk's table, where the same were again read and agreed to, as follows, viz :
Your committee, having maturely considered the important subject to them referred, are of opinion that the situation of this district, upwards of five hundred miles from the seat of the present government, with the intervention of a mountainous desart of two hundred miles, passable only at particular seasons, and never without danger from hostile nations of savages, precludes every idea of a connection on republican princi- ples, and originates many grievances, among which we reckon the following :
Ist. It destroys every possibility of application to the supreme executive power for support or protection in cases of emergency, and thereby subjects the district to continued hostilities and depredations of the savages; relaxes the execution of the laws, delays jus- tice, and tends to loosen and dissever the bonds of government.
2d. It suspends the operation of the benign influence of mercy, by subjecting condemned persons, who may be deemed worthy of pardon, to tedious, languishing, and destructive imprisonment.
3d. It renders difficult and precarious the exercise of the first and dearest right of freemen - adequate representation - as no person properly qualified can be expected, at the hazard of his life, to undergo the fatigue of long journies and to incur burthen- some expenses by devoting himself to the public service.
4th. It subjects us to penalties and inflictions which arise from ignorance of the laws, many of which have their operation and expire before they reach the district.
5th. It renders a compliance with many of the duties required of sheriffs and clerks impracticable, and exposes those officers, under the present revenue law, to inevitable destruction.
6th. It subjects the inhabitants to expensive and ruinous suits in the High Court of Appeals, and places the unfortunate poor and men of mediocrity compleatly in the power of the opulent.
Other grievances result from partial and retrospective laws, which are contrary to the fundamental principles of free government, and subversive of the inherent rights of freemen ; such are,
Ist. The laws for the establishment and support of the district court, which, at the same time that we are subject to a general tax for the support of the civil list and the erection of public buildings, oblige us to build our own court-house, jail, and other buildings, by a special poll-tax imposed upon the inhabitants of the district, and leaves several officers of the court without any certain provision.
2d. The law imposing a tax of five shillings per hundred acres on lands previously sold, and directing the payment thereof into the register's office at Richmond before the patent shall issue, the same principles which sanctify this law, would authorize the legislature to impose five pounds per acre on lands previously sold by government on stipulated conditions, and for which an equivalent hath been paid, and is equally sub- versive of justice as any of the statutes of the British parliament that impelled the good people of America to arms.
3d. General laws, partial and injurious in their operation ; such are the laws, (1) Concerning entries and surveys on the western waters. (2) Concerning the appoint-
240
Appendix.
ment of sheriffs. (3) For punishing certain offences injurious to the tranquility of this commonwealth, which last law prohibits, while we experience all the calamities which flow from the predatory incursions of hostile savages, from attempting any offen- sive operation ; a savage, unrestrained by any law, human or divine, despoils our property, murders our fellow-citizens, then makes his escape to the northwest side of the Ohio, is protected by this law.
Whereas all men are born equally free and independent, and have certain natural, inherent, and unalienable rights; among which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
Resolved therefore, That it is the indispensible duty of this convention, as they regard the prosperity and happiness of their constituents, themselves, and posterity, to make application to the general assembly, at the ensuing session, for an act to separate this district from the present government forever, on terms honourable to both and injurious to neither ; in order that it may enjoy all the advantages, privileges, and immunities of a free, sovereign, and independent republic.
Unanimously agreed to by all the members present, whose names are hereto an- nexed: Mr. Saml. M'Dowell, President; Mr. George Muter, Mr. Christopher Irvin, Mr. William Kennedy, Mr. Benjamin Logan, Mr. Caleb Wallace, Mr. Harry Innes, Mr. John Edwards, Mr. James Speed, Mr. James Wilkenson, Mr. James Garrard, Mr. Levi Todd, Mr. John Coburn, Mr. James Trotter, Mr. John Craig, Mr. Robert Patter- son, Mr. Richard Terrell, Mr. George Wilson; Mr. Benjamin Sebastian, Mr. Philip Bar- bour, Mr. Isaac Cox, Mr. Isaac Morrison, Mr. Andrew Hynes, Mr. Mathew Walton, Mr. James Morrison, and Mr. James Rogers.
To the Honorable General Assembly of Virginia :
GENTLEMEN: The subscribers, resident in the county of Jefferson, Fayette, Lincoln, and Nelson, composing the district of Kentucky, being chosen at free elections held in these counties respectively by the free men of the same, for the purpose of constituting a convention, to take into consideration the general state of the district, and expressly to decide on the expediency of making application to your honorable body for an act of separation-deeply impressed with the importance of the measure, and breathing the purest filial affection, beg leave to address you on the momentous occasion.
The settlers of this distant region, taught by the arrangements of Providence, and . encouraged by the conditions of that solemn compact for which they paid the price of blood, to look forward to a separation from the eastern parts of the commonwealth, have viewed the subject leisurely at a distance, and examined it with caution on its near approach -irreconcileable as has been their situation to a connexion with any community beyond the Appalachian mountains other than the federal union ; manifold as have been the grievances flowing therefrom, which have grown with their growth and increased with their population ; they have patiently waited the hour of redress, nor even ventured to raise their voices in their own cause until youth quickening into manhood hath given them vigour and stability.
To recite minutely the causes and reasoning which have directed, and will justify this address, would, we conceive, be a matter of impropriety at this juncture. It would
1
.
241
Appendix.
be preposterous for us to enter upon the support of facts and consequences, which we presume are incontestible; our sequestered situation from the seat of government, with the intervention of a mountainous desert of two hundred miles, always dangerous, and passable only at particular seasons, precludes every idea of a connexion on repub- lican principles. The patriots who formed our constitution, sensible of the impractica- bility of connecting permanently in a free government the extensive limits of the commonwealth, most wisely made provision for the act which we now solicit.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.