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."

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

ing these difficulties, and that was so fortified by constitutions and so guarded by laws that it was dangerous of access and hopeless of attainment under present circumstances. It was the certain course, which had been indicated in the former convention, which he would not now repeat, but which every gentleman present would connect with a declaration of independence, the formation of a constitution, and the organization of a new state which might safely find its way into the Union on terms advantageous to its interests and prosperity. He expatiated upon the prosperous circumstances of the country; its increasing population, its rich productions and its imperious claims to the benefits of commerce through the Mississippi, its only outlet.

"That the same difficulties did not exist on the part of Spain to concede to the people on the western waters 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 importance on that subject within the power of the convention which, he doubted not, it would be agreeable for the members to have and for the gentleman who possessed it to communicate."

This reference, of course, was to John Brown, a delegate, who was also a delegate from Virginia to the congress and whose letter to George Muter showed him to have been in communication with Gardoqui, the Spanish minister.

Mr. Brown, understanding the reference of General Wilkinson, arose and said that "he did not think himself at liberty to disclose what had passed in private conferences between the Spanish minister, Mr. Gardoqui, and himself; but this much, in general, he would venture to inform the convention, that, provided we are unanimous, everything we could wish for was within our reach."

When Mr. Brown had concluded, General Wilkinson arose and was granted permission to read an address, directed to the Spanish

"Intendant at New Orleans." This address which was very lengthy has been excellently epitomized by Smith as follows: "The author urged the natural right of the western people to follow the current of rivers flowing through their country into the sea, the great common and highway of nations.

"The extent of the country, the richness of the soil, the quantity and variety of productions suitable for foreign markets, for which there were no avenues of conveyance should the Mississippi be closed to their export.

"The advantages which Spain would derive from allowing free use of the river to those on its various waters by increase of trade and revenue to her.

"That the population of Kentucky was rapidly increasing and that each individual looked forward to the free navigation of the Mississippi with the greatest solicitude.

"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 years.

"That the western people were being driven to the alternative of separating themselves from the Union on that account, considering the navigation indispensable to their future. growth and prosperity. These commercial advantages outweighed the political considerations presented in favor of a connection with the Federal Union.

"That should Spain be so blind to her true interest as to refuse the use of the river to the western people, and thereby compel a resort to military means, Great Britain stood ready with a sufficient force of armed allies, to cooperate with them in enforcing the great national right.

"That the whole Spanish possessions in America would be endangered by such a combined movement, should the British, who now hold the mouth of the St. Lawrence, also seize and command the mouth of the Mississippi." Wilkinson was a shrewd and grasping man,

soldier and politician, too. He knew the magic chord on which, as a politician, he should play. The dominant question of the hour was not so much the erection of the district of Kentucky into a state of the Union, as the free navigation of the Mississippi river. He had interests, golden interests, at the mouth of that river; the people of Kentucky must have a market and the river opened one to them. Wilkinson bought their products, floated them down that river and returning paid them in good Spanish gold. He had touched the pocket nerve and knew his advantages. This he kept ever before the convention. He was a more successful emissary of Spain than Gardoqui would have been, had he been given a seat in the convention. Yet Wilkinson did some things to the advantage of the district for which he should have credit. He made a market at New Orleans for Kentucky's products and he brought back to the district the proceeds of the sales and so far as the records show, honestly met his obligations. But he was all of this time in the pay of Spain; that is the blot upon his escutcheon.

The motion to refer the resolutions of the sixth convention was adopted, which was regarded as a triumph for the "court" or Spanish party. Committees were appointed to consider various questions and upon nearly all of these Wilkinson was appointed as a member. His party was dominant in the convention and he seemed to be dominant in his party. John Brown, one might suppose, being a delegate in congress, and to the convention as well, would have ranked high in committee assignments, but Wilkinson took the leading place while Brown sat in the rear. Wilkinson was the controlling spirit while behind his seat in the convention, there lurked, invisible, the Spanish face of Don Gardoqui. The gold which he had so wisely distributed was apparently returning values ten-fold to his

country.

The leaders of the "country" party, the men

Vol. I-8.

who were for their own country whatever might betide, were alarmed by the strength of the followers of Wilkinson and attempted to counteract it. Colonel Crockett left the convention for Lexington and there obtained three hundred signatures to a paper protesting against separation from the Union. Among these signers were men of Wilkinson's constituency. With these signatures, he returned. to Danville and the convention. The petition of citizens of Mercer and Madison asking the convention to pray congress that it adopt measures at once to obtain the free navigation of the Mississippi was presented and referred to a special committee.

To again secure the consent of Virginia for the independence of Kentucky in accordance with the will of congress, a committee was appointed consisting of Messrs. Muter, Jouett, Allen and Wilkinson. The latter, for a previously appointed committee, prepared and read

this address:

"To the United States in Congress assembled: The people of Kentucky represented in convention, as freemen, as citizens, and as part of the American Republic, beg leave by this humble petition, to state their rights and to call for protection in them.

"When the peace had secured to America that sovereignty and independence for which she had so nobly contended, we could not, like our Atlantic friends, retire to enjoy in ease 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 competency with our liberty.

"On the western waters, the commonwealth of Virginia possessed a fair but uninhabited wild. In this wilderness we sought, after having procured liberty for our posterity, to provide for their support. Inured to hardships by a long warfare, we ventured into the almost impenetrable forests; without bread or domestic animals, we depended upon the casual

supplies afforded by the chase; hunger was our familiar attendant, and even our unsavory meals were made upon the wet surface of the earth with the cloud-deformed canopy for our covering. Though forced to pierce the thicket, it was not in safety we trod; the wily savage thirsted for our blood, lurked in the paths and seized the unsuspecting hunter. While we lamented the loss of a friend, a brother, a father, a wife, a child became a victim of the barbarian tomahawk. Instead of consolation, a new and greater misfortune deadened the sense of former inflictions. From the Union we receive no support, but we impeach not their justice. Ineffectual treaties, often renewed and as often broken by the savage nations, served only to supply them with the means of our destruction. But no human cause could control that Providence which destined this Western country to be the seat of a civilized and happy people. The period of its accomplishment was distant but it advanced with rapid and incredible strides. We derive strength from our misfortunes and numbers from our losses. The unparallelled fertility of our soil made grateful returns far disproportioned to the slight labor which our safety would permit us to bestow. Our fields and herds afforded us not only sufficient support for ourselves, but also for the emigrants who annually doubled 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 discourage our industry.

"To this situation we call your attention. We beg you to trace the Mississippi from the ocean, survey the innumerable rivers which water your Western territory 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 blessed it with a fertility almost incredible? Did He not provide those

great streams which flow into the Mississippi and by it communicate with the Atlantic, that other nations and climes might with us enjoy. the blessings of our fruitful soil? View the country and you will answer for yourselves. But can the presumptuous madness of man imagine a policy inconsistent with the immense designs of the Deity? Americans

cannot.

"As it is the natural right of the people of this country to navigate the Mississippi, so they have also the right derived from treaties and national compacts. Shall we not avail ourselves of those natural and conventional rights so vital to our future?

"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 ascertained 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 Mississippi. It 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 that she claimed it; yet the court of Spain, who possess the country at the mouth of the Mississippi, have obstructed. our citizens in the enjoyment of that right.

"If policy is the motive which actuates political conduct, you will support us in this right, and thereby enable us to assist in the support of government. If you will be really our fathers, stretch forth your hands to save us. If you will 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 remembrance of the blood we have mingled in a common