more * * *" 24 Government would "secure everything which the most sanguine can desire; and that a separation may injure us until time shall be no A correspondent to the Kentucky Gazette, signing himself "Hezekiah Stubblefield," said he was preparing a petition to Congress praying that it put a stop to the freedom of the press in Kentucky, as it had been prostituted to evil ends, especially so in the "attempts of your Farmers, your Brutus's, your Poplicolas &, to mislead the poor happy people into a belief that a separation from Virginia and (where they dare whisper it), even from the good continental union." 25 Another person sent a communication to the Gazette warning its readers against the methods used by unscrupulous politicians in manipulating the ignorant voters. He declared some voters "are extremely stupid, if we ask them are you going to Election? their answer is no, not I, I do not know the use of it I don't care who they send for delegates, those kind of men (if they may be called men or freemen) if they feel any thing like oppression they are the readiest of any to growl and complain, and they will talk as if all taxation was unjust. He saw two dangerous classes in the society of the District, the ignorant and the designing. As to the former, "tho' those sordid beings will not for common. turn out to an election, yet those evil designing men can toll them out like hogs and for the sake of a drink of Whiskey they would sell their Country not knowing what they are doing." 26 * * *"" In the discussions preceding the election, certain features of the Third Enabling Act were declared to be unacceptable. So, when the eighth convention met on July 20, 1789, its chief work was to frame a memorial to Virginia asking that two changes be made in her enabling act. It wanted the clause imposing a portion of Virginia's debt on Kentucky stricken. out altogether. This was a rather indefensible request, as much of the debt had been incurred in the defense of Kentucky; and even Kentucky, of her own volition, had in her second convention included a promise in her address to Virginia to pay her just share of the public debt.27 The other request in the memorial was highly proper. It concerned the indefinite time limit set by Virginia for military officers to make their locations of land in Kentucky in those unlocated lands that stood appropriated for that purpose. In the meantime the new Federal Government, having recently gone into operation, was quick to inform Kentucky of steps being taken to protect it from Indian dangers. With this tactful move, it came into being with a promise for better things for Kentucky. Virginia showed her sincere desire to end this long agony of suspense, which she liked no more than did Kentucky, by passing in the following December (1789) a Fourth Enabling Act, identical with the third, except as amended according to Kentucky's desires.28 With a fine-spun 24 Robertson, Petitions of the Early Inhabitants of Kentucky, 121, 122. 25 Kentucky Gazette, Nov. 29, 1788. 26 Kentucky Gazette, December 13, 1788. 27 This petition was never presented to Virginia, due to the fact that the second convention passed its proceedings on to the third assembly for further action. 28 Brown, Political Beginnings of Kentucky, 218-220. This Fourth Enabling Act, which came to be known as the Virginia Compact and which was made a part of the first constitution contained the following conditions: (1). Boundaries of the state to be the same as the district. (2). Kentucky agrees to assume "a just proportion" of the United States debt and also assumes to pay "all the certificates granted on account of the several expeditions" carried on from Kentucky against the Indians since January 1, 1785. (3). All land titles derived from Virginia laws "shall remain valid and secure under the laws of the proposed State, and shall be determined by the laws now existing in this State." (4). The lands of non-residents shall not be taxed at a higher rate than that of residents "nor shall neglect of cultivation or improvement of any land" within nicety for legal precision, Virginia called a ninth convention for July, 1790, in which Kentucky was to signify her acceptance of the terms of separation. Congress must declare before the following November first its release of Virginia from any further obligations respecting Kentucky and its intentions to admit the new state into the Union at a time set by Kentucky. If this ninth convention should agree to separations on the given terms and conditions, it should then call a tenth assembly, whose duty it would be to form a constitution. In the proceedings of the eighth convention there was no reminder of the stormy sessions that had taken place in the one preceding. To a casual observer it might have appeared that the Spanish plot was dead; but to one better informed it would have meant merely that it had changed its complexion. In the tangled threads of Spanish intrigue embracing the whole West there becomes evident two main strands. One, Wilkinson, had been drawing in his efforts to detach Kentucky from the Union; the main threads that made this strand stretched toward New Orleans. The other, different men had become entwined in, whose purpose was to start colonies of Americans in Spanish territory as bulwarks for New Spain against the United States; the threads that composed this strand were held principally by the Spanish minister, Gardoqui, in Philadelphia. These two parts of the main intrigue were not always compatible; at times the effects of the one were largely nullified by the other. The colonization scheme seems to have started later, and in time came gradually to supplant the plan to detach the western regions in one direct step. Navarro clearly stated the purpose of the colonization plan in December, 1787: "It is necessary to keep in mind that, between this province and the territories of New Spain, there is nothing but the feeble barrier of the Mississippi, which it is as easy to pass as it is impossible to protect, and that, if it be good policy to fortify this province by drawing a large population within its limits, there are no other means than that of granting certain franchises to commerce, leaving aside, as much as possible, all restrictions and shackles, or at least postponing them to a future time, if they must exist. In addition, the government must distinguish itself by the equity of its administration, the suavity of its relations with the people, and its disinterestedness of its officers in their dealings with the foreigners who may resort to the colony. This is the only way to form, in a short time, a solid rampart for the protection of the kingdom of Mexico." 29 Ever since the failure of the seventh convention to adopt Wilkinson's scheme, he had been on the defensive in his relations with the Spaniards. He seized on every incident that he thought might advance his waning fortunes. When St. Clair had become fearful that he was working in the interests of Spain and had written Isaac Dunn about it, Wilkinson offered this as proof to Miro that "the part I play in our six years after Kentucky enters the Union, subject such land to forfeiture. The provisions of this clause are reciprocal. (5). No Kentucky land warrants to interfere with warrants issued by Virginia, which shall be located on or before September 1, 1791. (6). Unlocated lands which stand appropriated for military service shall not be interfered with before May 1, 1792, after which the residue is subject to the disposition of Kentucky. (7). The Ohio River is to be free to the people of the United States. (8). Should any dispute arise as to the above conditions, six commissioners to give judgment shall be appointed in the following manner, viz: Two to be appointed by each state, who shall agree on the other two. The text of the Compact may be found in Kentucky Statutes [Louisville, 1915], Vol. 1, 29-31. [Fifth edition.] 29 Fish, American Diplomacy, 74, quoting Gayarré, History of Louisiana, III, great enterprise, and the dangers to which I am exposed for the service of his Catholic Majesty, are known." 30 At first Wilkinson had opposed the colonization plan as directly destructive to his plan to detach Kentucky, but since he had failed in that task, he now came to embrace it. In September, 1789, he sent a memorial to the Spanish authorities in New Orleans in which he outlined his plan to induce colonization from Kentucky into Spanish territory. In this way he would establish an advanced post of influence and friendship of Kentuckians in Spanish territory. This would have its reaction on Kentucky itself, resulting in the region leaving the American Union and allying itself with Spain. To help this plan along he believed it would be wise "to distribute pensions and rewards among the chief men in proportion to their influence, ability, or service rendered." He predicted that the West must eventually leave the United States: "Whenever the western settlements believe themselves to be in a condition to assert their independence, every measure that the Congress may take to retain this region will serve to precipitate its wishes to avoid.” 31 Since 1785 there had been large-scale land speculations going on in the Yazoo country, where Georgia, as well as Spain, claimed authority. John Holder promised to plant in this region 400 families from Kentucky within four years. In 1789 a new and larger undertaking was set going in the form of the South Carolina Yazoo Company, which had secured a tract of 10,000,000 acres from Georgia. Dr. James O'Fallon now became a prominent figure in this region. He came to Lexington in the interest of the project and immediately met Wilkinson. As these lands were held through the authority of Georgia, although claimed by Spain, the latter did not look with favor on the Yazoo colonization scheme. But the hand of Wilkinson now began to operate. He sought to show Miro that the new settlement would ultimately sue for Spanish protection and that the project in its present form should not be opposed by Spain. He wrote to the Spanish governor, "I am persuaded that I shall experience no difficulty in adding their establishment to the domains of his Majesty, and this they will soon discover to their interests." Spanish fears were allayed, and extensive plans for its complete acquisition and settlement began. George Rogers Clark was said to be interested in the project. Ö'Fallon immediately set about securing troops of infantry, artillery and cavalry, and in November, 1790, reported that he was ready to send down from Kentucky and Tennessee 300 troops, and that in February he would follow them up with 300 more and 600 families. Reports of these preparations reached the United States authorities; proclamations and warnings followed, and the whole project soon. fell through.32 A zest was added to the purely Spanish scheme of colonization by the settlement of Col. George Morgan, of New Jersey, at New Madrid with a colony of Americans.33 Considerable interest was aroused among the dissatisfied settlers in the West. It was significant that about this time. the Danville Political Club debated the question, "Has a member of any government a right to expatriate himself without leave?" The decision was even more significant; according to this club, he had such a right.3+ George Rogers Clark now entered into the Spanish colonization 30 Green, Spanish Conspiracy, 286. 31 Shepherd, "Wilkinson and the Beginnings of the Spanish Conspiracy" in American Historical Review, IX, 751-764. 32 C. H. Haskins, "The Yazoo Land Companies" in American Historical Association Papers, V, 398-407. O'Fallon, deserted by Wilkinson, ceased further activities, and soon afterwards married the sister of Clark. 33 Brown, Political Beginnings of Kentucky, 125-145; Fish, American Diplo scheme as, perhaps, a last chance to secure as his own a small portion of the country he had previously played so important a part in. Clark had not fared well at the hands of his government, he believed, since the days when he had wrested the Northwest from the British. Ill fortune seemed to have pursued him in all of his efforts at land acquisitions. As early as 1779 he addressed a letter to Governor Patrick Henry concerning certain lands he possessed on the Cumberland River. "If I should be deprived." he declared, "of a certain tract of land on that river which I purchased three years ago, and have been at considerable expense to improve, I shall in a manner lose my all. It is known by the name of the great French Lick on the south or west side containing 3,000 acres; if you can do anything for me in saving it-I shall forever remember it with gratitude." 35 In 1780 he petitioned the Virginia authorities to confirm a grant of land about 36,000 acres north of the Ohio River, which the Indians had given him out of their gratitude and respect for him. His petition was not granted.36 As time went on Clark became morose from brooding on the ingratitude of his government, which he had so nobly stood by in its hour of greatest need. In 1780 he had indignantly spurned the enticing offer of Governor Hamilton to give him all the land he desired northwest of the Ohio and an English title if he would give up the Ohio Valley to the British.37 In his attempt to revive his sinking fortunes in 1786, he had gone on the Indian expedition up the Wabash. He had not only to bear the pangs of this defeat, but he became the subject of a proclamation disclaiming his actions and the object of a hostile investigation.38 He now came to see his own name and fame eclipsed by the intriguing Wilkinson-a condition that the latter had undoubtedly consciously tried to bring about. Smarting under such treatment, Clark wrote Gardoqui in March, 1788, stating that he had been maligned by his enemies and that he was convinced that "neither property nor character is safe in a government as weak and unsettled as that of the United States." He, therefore, desired to head a company of settlers, who wished to secure a tract of land in Spanish territory, west of the Mississippi, lying between the 36th and 38th parallels of latitude and extending two degrees of longitude westward.39 He wanted 1000 acres to be allotted to each head of a family and 100 acres to each member. Clark had definite plans for an autonomous government: The governor was to be appointed by the Spanish authorities, who should be assisted by six counsellors elected by the settlers. They were not to be disturbed in their religious liberties.40 These plans were never carried out. The colonization scheme that Spain was holding out had wide and varied attractions. It offered an outlet for the energies of those who had failed in their efforts to disrupt the western boundaries of the United States, as well as for those who wished to play a part in the uncertain drama of the West, but did not care to go to the limits of detaching parts of the Union. John Brown had refused to follow Wilkinson to that limit; but he was still willing to fish in the troubled waters. In July, 1789, he suggested to Gardoqui that he could find capital for a colony of Americans 35 Clark to Henry, March 9, 1779, in American Historical Review, I, 95. This letter never reached Henry, as it was captured by the British. 36 Robertson, Petitions of the Early Inhabitants of Kentucky, 57-60. This petition was dated May 7, 1780. Although it was not granted, Virginia set aside 150,000 acres of land north of the Ohio for Clark's officers and men. 37 C. M. Ambler, Life and Diary of John Floyd [Richmond, 1918], 29. 38 Green, Spanish Conspiracy, 79. A copy of Governor Randolph's proclamation disowning Clark's acts against the Spanish merchants at Vincennes and promising that the guilty should be punished, may be found here. 39 These boundaries would have included for the most part the southeast corner of the present state of Missouri. 40 Clark to Gardoqui, March 25, 1788, in Durrett MSS. Collection. who would settle in Spanish territory at the mouth of the Big Black River. If he were given 600,000 acres of land in this region, he would engage to see that 100 families were settled there within the next eighteen months and 100 additional families for each of the ensuing four years. Civil rights and religious liberty must be guaranteed. This, as indeed most of the other colonization schemes never go beyond the state of suggestion and discussion. This part of Spanish western intriguing played no vital part in the political discussion of the day. Elections and conventions could proceed unruffled by foreign distractions. Undisturbed by these colonization plans which were being promoted by Clark, Brown, Wilkinson and others, the ninth convention met in July, 1790, and proceeded to a vote of acceptance of the amended Virginia terms. But since the storm of the preceding year had blown over, so strong had the conservative sentiment for continuing a part of Virginia become, that separation was secured only by the surprisingly close vote of twenty-four to eighteen. This shows the strong reaction that had recently set in against separation at all on any terms.42 This fourth enabling act, thus, adopted by Kentucky became a compact or contract between the two states and was afterwards referred to as the Virginia Compact. The Constitution of 1792 gave it equal sanctity with that document. The terms were absolutely binding on both parties, as was shown later in a decision of the United States Supreme Court concerning certain land disputes. An address was sent to the Virginia Assembly informing that body of Kentucky's acceptance of the terms, and expressing the thanks and good will of the people of Kentucky for Virginia.43 Another address was sent to the President of the United States and to Congress reciting the facts concerning the Virginia agreement, expressing the kindliest feelings toward the Federal Government, and praying to be taken into the Union within the time limit set by Virginia.44 It provided for the election of a constitutional convention to meet in April, 1792; and designated the first day of June following as the date for the new state to enter into its duties in the Union.45 41 Brown, Political Beginnings of Kentucky, 172. 42 The people had stopped talking about separation, to a great extent. Nathaniel Richardson in a letter to John Breckinridge, February 11, 1790, said, “Our Indian affairs seem to engage the attention of the common-people & a Seperation that of the leading Men." Breckinridge MSS. [1790] 43 Kentucky Gazette, February 12, 19, 1791. 44 Brown, Political Beginnings of Kentucky, 220-222. 48 Collins, History of Kentucky, I, 271, 272. |