said legislature, and in the resolutions of the said district relative to the premises; and "Whereas, congress having fully considered the subject, did, on the 3d 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 Federal Union, and appointed a committee to report an act accordingly, which committee on the 2d instant was discharged, it appearing that nine states had adopted the constitution of the United States lately submitted to conventions 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 said confederacy; and "Whereas, an act of congress, in the present state of the government of the country, severing a part of said state from the other part thereof and admitting it into the confederacy, formed by the articles of confederation and perpetual Union, as an independent member thereof, may be attended with many inconveniences, while it can have no effect to make the said district a separate member of the Federal Union formed by the adoption of the said constitution; and "Therefore, it must be manifestly improper for congress, assembled under the said articles of confederation, to adopt any other measures relative 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." Mr. Brown, representative from the district of Kentucky, recognizing the selfish, antagonistic spirit of the representatives from the north and east, was convinced that admission to the Union was to be long delayed. While in this spirit, he was approached by the wily Spanish minister, Gardoqui, who sought to impress upon him the importance of independent existence for Kentucky with free navigation of the Mississippi and exclusive trade with Spain. The efforts of General Wilkinson and the results of his commerce through the port of New Orleans, had not been without effect in Kentucky, and Brown was not unwilling to listen to the siren Span ish song. Of the events of that period, Marshall has written bitterly as a political enemy of Brown; at a later period, his kinsman, Green, took up the burden of his plaint and bore it along in his "Spanish Conspiracy." Smith, a true conservative and amiable historian, devoid of prejudice, modifies Marshall in the following continuation of the incidents. connected with the failure of Kentucky to secure admission to the Union: "To President McDowell, of the Kentucky convention of July, Mr. Brown wrote soon after the action of congress, giving an account of his labors and disappointments to which he added his own reasons for his failure. In this letter was inclosed a detached strip in these words: 66 'In a conversation I had with Mr. Gardoqui, the Spanish minister, relative to the navigation of the Mississippi river, he stated that if the people of Kentucky would erect themselves into an independent state and appoint a proper person to negotiate with him, 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.' "This is not the only letter written by Mr. Brown about the same time to Kentucky. He recollected that Judge Muter had joined with him in March, 1787, in sending forth the circular address to the courts on the subject of the Mississippi, and favored him with one of his epistles containing an introduction of his new acquaintance, Don Gardoqui. Although Muter could not be called a great man, yet he disliked the intrigues of political partisans and was alarmed, on the perusal of Mr. Brown's letter, to find him engaged with a foreign minister, which directly implicated the peace of Kentucky and the preservation of the Union. Under the circumstances, it was impossible for him not to combine the views disclosed by Mr. Brown with those manifested by General Wilkinson in the late convention. This coin cidence of objects naturally suggested a concert of means to effect them and pointed out the danger as being imminent. This led him to Colonel Marshall, and was his inducement for showing the letter with which he had been honored by Mr. Brown. The community was seriously affected with anti-Federalism and the mania of national dissolution, when its representatives in convention could pass and send out to it the propositions which have been detailed, as the basis of authority for another convention to throw Kentucky out of the Union, if it pleased, and to enter into arrangements with Spain, who had refused the United States a treaty for the navigation of the Mississippi river, without exciting a much more general disapprobation than was apparent. And when to this reflection is added the fact that the greater number of the leaders in the former convention were again elected, and that Mr. Brown, having returned to the district, was, himself, elected a member of the same, there seems but little reason to doubt that a large proportion of those who gave tone to public opinion, were of the party of Wilkinson and Brown from the July to the November convention of this year. "The letter to Judge Muter from Mr. Brown follows: "NEW YORK, July 10, 1788. "Dear Sir: An answer to your favor of the 10th of March was, together with several other letters. put into the hands of one of General Harmar's officers, who set out in May last for the Ohio, and who promised to forward them to the district, but I find that they have miscarried, as I was informed a few days ago, that his orders had been countermanded and that he had been sent to the garrison at West Point. Indeed, I have found it almost impracticable to transmit a letter to Kentucky, as there is scarcely any communication between this place and that country. A post is now established from this post to Fort Pitt to set out once in two weeks after the 20th instant; this will render communication easy and certain. Before this reaches you, I expect you will have heard the determination 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 was not in my power to obtain a decision earlier than the 3d instant. Great part of the winter and spring there was not a representation of the states sufficient to proceed to 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, assent to the admission of the district into the Union as an independent state, unless Vermont, or the province of Maine, 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 country and the unwillingness to add a vote to the southern interest are the real causes of opposition, and I am inclined to believe that they will exist in a certain degree, even under the new government to which the application is referred by congress. The question which the district will now have to determine upon will be: Whether or not it will be more expedient to continue the connection with Virginia, or to declare their independence and proceed to form a constitution of government. It is 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 inexpedient to continue in your present situation until an application for admission into the Union can be made in a constitutional 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 conferences which I have had with Mr. Gardoqui, the Spanish minister at this place, I have been assured by him in the most explicit terms that if Kentucky will declare her independence and empower some proper person to negotiate with him, he has authority and will engage to open the navigation of the Mississippi for the exportation of their produce on terms of mutual advantage; but that this privilege never can be extended to them while a part of the United States, by reason of commercial 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 communicate it to a few confidential friends in the district, with his permission, not doubting but that they will make a prudent use of the information-which is in part confirmed by dispatches received yesterday by congress from Mr. Carmichael, our minister at that court (Spain), 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 complete, 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 alterations. Ten states have ratified this state, New York, is now in session; what the result of their deliberations will be is yet doubtful; two-thirds of the members are opposed, but it is probable they may be influenced by motives of expediency. North 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 the present treaty at Muskingum prove successful, that we shall have an Indian war on all our borders. I do not expect the present congress will, in that case, be able to take any effectual measures for our defense. "There is not a dollar in the Federal 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 health and have spent my time here agreeably. "I am with great esteem. "Your humble servant, "J. BROWN.'" "A letter bearing date the 15th of October, 1788, from George Muter, the chief justice of the district, will evince his impressions of the actual and probable emergency. It is apparent that the conservative parties were much concerned. Justice Muter says: 'Forming a constitution of government and organizing the same, before the consent of the legislature of Virginia for that purpose first obtained, will be directly contrary to the letter and spirit of the act of assembly, entitled "An Act for punishing certain offenses and vesting the governor with certain powers," which declares that every person or persons who shall erect or establish government separate from or independent of the state of Virginia within the limits thereof, unless by act of the legislature for that purpose first obtained, or shall exer cise any office under such usurped government, shall be guilty of high treason. "The third section of the fourth article of the constitution expressly declares "that no new state shall be formed or erected within the jurisdiction of another state; nor any state be formed out of the junction of two or more states without the consent of the legislatures of the states concerned as well as of congress." Therefore, the consent of Virginia to the separation must first be obtained agreeably to the above-cited section, to afford Kentucky any prospect of being admitted a member of the Federal Union. "In the tenth section of the first article of the Federal constitution it is declared "that no state shall enter into any treaty, alliance or confederation." Of course, it must follow that no part of a state can enter into any treaty, alliance or confederation. ""The resolution of the late convention, if adopted by the people, might fairly be construed to give authority to the next to treat with Spain to obtain the navigation of the Mississippi, if they should think such a measure conducive to their interest; when it might plainly appear by the before-cited section that any other application than to the assembly of Virginia and to the congress of the United States, must be contrary to the Federal constitution. "It is, therefore, submitted to the citizens of Fayette whether it may not be necessary in their instructions to their delegates, to direct them not to agree to the forming of a constitution and form of government and organizing the same, until the consent of the legislature of Virginia for that purpose is first obtained; not to agree to make any application whatever to obtain the navigation of the Mississippi other than to the legislature of Virginia and the congress of the United States; to draw up and forward to the assembly of Virginia a memorial requesting them to alter their acts for the separation of this district from Virginia, that the same may be brought before Congress in the manner directed by the Federal constitution, and to request them to authorize the convention by law to form a government and to organize 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 a decent and manly memorial, requesting that such measures may be pursued by congress, or that Virginia will use her influence with congress to take such measures as shall be most likely to procure for the people of the western country, the navigation of the Mississippi. "(Signed) GEORGE MUTER.' The delay of congress and the long suffering of the people did not tend to allay the desire for an independent government if speedy relief were not obtained. Some Indians from southern tribes committed murders and other outrages in Lincoln county and were pursued and properly punished by the settlers. The tribe to which they belonged complained that the white people were the first aggressors, and demanded reparation from the governor of Virginia who instructed Judge Harry Innes to suppress the practices complained of by the Indians by public prosecution. To this order Judge Innes replied: "In my official capacity, I cannot do it; in a private capacity, the attempt would make me odious." In the opinion of the learned judge it is fair to assume that the only good Indian was a dead Indian. Concluding his letter he says: "The Indians have been very troublesome on our frontier and continue to molest us. I am decidedly of the opinion that this western country will, in a few years, act for itself and erect an independent government; for, under the present system we cannot exert our strength; neither does congress seem disposed to protect us, since those troops raised for the defense of the western country are disbanded. I have dropped this hint to Your Excellency for matter of reflection." CHAPTER XX. SEVENTH CONVENTION MEETS-REVOLUTION PROPOSED-WILKINSON AND A FREE MISSISSIPPI -CONGRESSMAN BROWN TO THE FRONT-ADDRESS TO SPANISH INTENDANT—“Court” PARTY IN POWER-WILKINSON AND THE MISSISSIPPI-OLD-TIME ADDRESS TO VIRGINIA. The people were in a state of unrest. Seven times they had chosen delegates to conventions yet no tangible results had followed. They seemed to be as far from statehood as when they began, and the future held but slight hopes for better success. It is not surprising that some good men favored the setting up of an independent government which promised free navigation of the only river which offered them a market for their products. It is not a fair statement to call these men traitors. That is an easy word to speak but a hard one to bear, as many Kentuckians were to learn in years to come. There were corrupt men in the state; men whose palms had been crossed with Spanish gold, but the masses were then as now, incorruptible. In November, 1788, the seventh convention met at Danville. There was a curious yet suggestive political division of delegates. Some new faces appeared at this meeting, among them Humphrey Marshall and Thomas Marshall. There, too, were Muter, Crockett, Allen and Edwards, who, with the Marshalls, were termed the "country" party, while John Brown, General Wilkinson, Sebastian and Harry Innes were known as of the "court" party; a somewhat sinister designation, since it implied an alliance or understanding with the court of Spain which was, so far as it referred to some of those named, a possible in justice. That the designation fitted Wilkinson and Sebastian there is but little doubt, since after developments showed each to have been in the pay of the Spanish government. The chief issue before the convention was the method to be followed in separating from Virginia. This question was brought to a direct issue by a motion to submit the resolutions of the sixth convention to the committee of the whole. The "court" party was in favor of this reference and sought to force to the front the question of the navigation of the Mississippi and the formation of a constitution, with or without the sanction of Virginia. This was revolution, pure and simple, since it was in defiance of the provisions of the Federal constitution to which Virginia had given its approval and, as the district was still a part of Virginia, it was included in that approval. The question at issue was of great moment, and was pressed earnestly and eloquently by General Wilkinson who had golden reasons to urge him on. Marshall, who had no sympathy with Wilkinson or his views, represents the latter to have said in the discussion: "Spain had objections to granting the navigation in question to the United States; it was not to be presumed that congress would obtain it for Kentucky, or even the western country only; her treaties must be general. There was one way and but one, that he knew of, for obviat |