Spaniards had "cast a damp on the commercial pursuits of this once prosperous land," and assured Senator Breckinridge that the people stood squarely back of the resolutions of the Legislature and hoped that Congress would act immediately.13

With the American agents in Europe seeking a settlement, the Kentuckians were willing to await results. No ill-timed or ill-tempered meetings of impatience, demanding a speeding up of negotiations, were held. A writer in the Kentucky Gazette could exultantly exclaim "that not a single meeting of the citizens to remonstrate, to consult or advise, has been convoked in any part of the state." 14

John Allen wrote Breckinridge in February, 1803: "Our country. is in a state of perfect tranquillity, the confidence the people have in the president, and I may add in Congress, too, is so firmly fixed that they will not move in any direction but that pointed out by the general govern.

ment." 15

But should recourse not succeed, there was a general feeling that "but one opinion will pervade all America. We shall then possess one mind and one arm. * * * Let us await with patience his returnwith that silent expectation, which, prepared to meet with joy the news of a happy issue, is nevertheless, if disappointed, ready to inflict a blow which will let all Europe know, that although difficult to be aroused, America acts with vigor and effect." 16

Events moved fast in Europe. Due to the approach of a general European conflagration with the possibility of many unforeseen results, Napoleon through his agent, Marbois, on April 11, 1803, suddenly offered to sell not only New Orleans but also all Louisiana. Nineteen days later a treaty of cession was signed.

The news of this treaty almost astounded the country. It was much more than had been asked for or hoped for; and for a time Jefferson felt appalled at the enormous extent of territory his agents had bargained for. But he had always appreciated the value and influence of western. expansion, and he was now willing to stretch the constitution in his opinion in order to secure so pleasing a result. The rage of the New England Federalists was brushed aside and the treaty was ratified.

Great satisfaction was immediately manifested in Kentucky on receipt of the news of the cession. In anticipation of this result James Brown wrote John Breckinridge that "We who have long been from our very hearts Western men, who have seen our country grow, and have grown with our country, can now view its unforeseen and unparalleled prosperity with pleasure and with pride; and perhaps our enjoyment is not a little heightened by a recollection of the part we took in favor of our country at an early period; and of the immediate consequences of measures, bold I admit, and proscribed by autocracy, but well calculated to alarm an unfriendly administration into a respect for our neglected rights." 17 John Breckinridge was overjoyed at the successful outcome of the difficulty. He predicted the new country would be settled and that not remotely, and what was still more important, it would be settled by Americans. He had a broad vision of the rapidly expanding West and was now willing to let the East rage and "calculate, how long it would be before they would be forced to seperate, or travel to the banks of the Ohio to legislate for the Union." 18

In the midst of the general rejoicing, a considerable flurry in the 18 Breckinridge MSS. (1802). F. L. Turner to John Breckinridge, December 8, 1802.

14 Kentucky Gazette, May 3, 1803. Article by William Littell.

15 Breckinridge MSS. (1803). Dated February 15, 1803.

18 Ibid., March 8, 1803.

17 Breckinridge MSS. (1803).

Dated January 13, 1803. Lexington.

18 Breckinridge MSS. (1803). To Jefferson, September 10, 1803.

West and in the National Administration was occasioned by the attitude assumed by the Spaniards, who were still holding possession of Louisiana. The Spanish minister to the United States in the fall of 1803 protested against the transfer of Louisiana as it had been promised by France in the Treaty of San Ildefonso that the province would never be alienated. The Spanish Minister also argued that Napoleon had not carried out other parts of the treaty, especially that he had not obtained the recognition from the European nations in the transfer of the Italian provinces to Spanish sovereignty, which Napoleon had promised in exchange for Louisiana. For a time it looked as if Spain would be able to seriously jeopardize the treaty between the United States and France. Jefferson resolutely determined that the victory that was virtually in his grasp should never be lost, even at the expense of a war. He showed the Spaniards too plainly his intentions when he began active preparations to raise an army to march upon New Orleans and forcibly take it if necessary. He called on the three states west of the Alleghanies, Kentucky, Tennessee and Ohio, to have their militia in readiness to descend the Mississippi.

The governor of Kentucky was called upon to have 4000 troops ready by December 20th. To stimulate volunteering the Legislature on November 25th, passed a resolution granting 150 acres of land to every officer and enlisted man "who shall voluntarily enter into service and actually descend the river Mississippi." 19 This information was printed on hand bills and scattered over the state.20 The people throughout the state were aroused at the possibility of losing the object of their dreams for the past quarter of a century. Henry Clay wrote John Breckinridge on November 21 (1803) that the latest move of the Spaniards "has called the public attention from every other object and placed it on this great national concern. Armies, Sieges, and Storms, completely engross the public mind, and the first interrogatory put on every occasion is Do you go to New Orleans? If all who answer in the affirmative should really deign to go, Government would find it necessary to restrain the public ardor, instead of resorting to coercion to raise the 4,000 called for." He stated that the officers had already been appointed.21 On the same day James Brown wrote Breckinridge describing the situation as much less enthusiastic. The pay was too small for the soldiers, "and the martial character of our people is nearly effaced." He thought that a draft would be necessary to raise the 4000 quoto.22 The bounty of 150 acres of land must have had a considerable stimulating effect.

*

At any rate soon afterwards Senator Breckinridge was given this glowing account of the enthusiasm that was rampant throughout the state: "There is nothing now in the mouths of your constituents here but the storming of New Orleans: the tocsin of war resounds through the State. Such is the fever in which the people are that no private business can be done with any satisfaction. Ask a Sheriff if there are any taxes due on your land, he will answer, they will seize the Town of Orleans instanter and execute the rascals without bail. * * * Ask a Lawyer to prosecute a suit for you & he will answer That it is doubtful whether it is better to make a forcible entry on the fort or take it by surprise. Ask a Surveyor whether your plott is made out. He will answer that it is a cursed plott in the Spaniards to withhold possession of Orleans, but has no doubt that on a survey of the premises such courses will be pursued as to effect our right." 23

19 Kentucky Gazette, November 22, 1803.

20 Breckinridge MSS. (1803). One of the handbills is preserved here.

21 Breckinridge MSS. (1803.)

22 Ibid., Written from Paris, Kentucky.

23 Breckinridge MSS. (1803). F. Preston to John Breckinridge, November 29,

The necessity for troops soon passed away, for Spain seeing the temper of Jefferson decided to cease her opposition. Soon after the ratification of the treaty of purchase by the United States Senate on October 21st, the Spaniards surrendered the province to France. Two months later the Americans were given control by the French and Louisiana became definitely and without further question a part of the domain of the United States.24

This was the most momentous event for the West that has ever happened in American history; and the Kentuckians truly appreciated what had taken place. Celebrations were held widely throughout the state. In Lexington, the militia companies paraded the principal street and "after going through various evolutions" partook of a big dinner prepared by the town and countryside. John Breckinridge and Harry Innes were the principal speakers.25

This vast territory appealed to the imagination of many young lawyers. who had yet their career to make. Breckinridge, as United States Senator, received many appeals for Federal appointments for the new country.26 Governor Greenup in his message to the Legislature in November, 1804, referred to Louisiana as a land of vast possibilities. The commerce of the West was now destined to assume large proportions. The governor also believed this immense territory would become the center of true democracy and progress and a refuge for free men.27

Kentucky felt happy. Her place in the Union was now secure; and she believed that henceforth she would be rated at her true worth. Her influence was now to count for something. The Legislature in its address to the governor in November, 1804, declared that the happy outcome of the past year "secures to our own state in the Federal Union that elevation to which she is entitled." 28 The actions of the state throughout the period of the crisis had been above reproach, and this stood her in good stead in the eyes of the nation. Clay said in this regard, "I am happy to learn that the conduct of Kentucky has raised her in the estimation of our Eastern friends." 29 The days when foreign nations could find. support for their intrigues in the state were over. The causes that made such things possible were now removed. Kentucky was now satisfied with the Union and the National Government's management of it. From the questionable patriotism of preceding years, the state now turned strongly to the support of the National Government and the Union; and within a few years there was no state which could surpass her in her boundless devotion to both.

An episode growing out of the excitement of the times bears eloquent proof as to Kentucky's position. One Francis Flournoy, signing himself "Western American" wrote an article appearing in the Guardian of Freedom, March 2, 1803, a newspaper published in Frankfort, in which he criticized the Federal Government and advised independent action for Kentucky. His article was in fact for the most part a revival of sentiments which were rather generally held in past years. He declared that the United States had deliberately refused to secure the Isle of Orleans and West Florida in time past when it could have easily been done. The

24 The exact date of transfer was December 21.

25 Kentucky Gazette, May 15, 1804. When in 1805 there was a flurry with Spain on the southwestern border of Louisiana, Samuel McDowell wrote Breckinridge: "Pray tell me If I must Rub up my old Sword, and gun, as I am determined to live and die Independent of all the world but America (as to Government)." He hoped war would not come as he believed the United States was fearfully unprepared. Breckinridge MSS. (1805).

20 Breckinridge MSS. (1803, 1804), passim.

27 Copy of message Ibid., (1803).

28 Kentucky Gazette, November 13, 1804.

20 Breckinridge MSS. (1803). Henry Clay to John Breckinridge, December 30.

East harbored the most hostile sentiments against the West and had long been trying to destroy its prosperity. It was now time to act, he declared, and if it should be necessary "as the last resort (should our petitions be spurned), to set the general government at defiance and erect ourselves into an independent, distinct Republic; and should we experience any weakness on our part we can recollect that France is strong and we can know that 'tis better to have a friend as a master (if we from our weakness must be mastered) than an enemy." It had now become more necessary, he believed, "to secede from the Union unless she abandoned her politics, than it was for the United States to revolt from Great Britain." Rather than remain in the Union and suffer such miseries "I had rather bow the knee to the Spanish monarch, wear a crucifix and kiss the Pope's face than to be any longer the subject of Eastern America. ** I am attached to my native home, but have very little for my native rulers, the Eastern Americans, as I conceive, inimical to our prosperity and happiness. I do despise them and their politics, most sincerely. They have hoodwinked us and kept us in such ignorance that they have hitherto turned our enmity toward France and Spain, instead of themselves. But I hope we being [begin?] to get a little more enlightened, and when the western thunder begins to roll we may know where to direct the bolt." 30

The Kentucky Gazette in its issue of March 8th strongly deprecated the "Western American" for his ill-timed remarks, which it declared, were calculated to misrepresent Kentucky sentiment in the East. It added. that Kentucky was entirely satisfied with the efforts then being made to secure a final settlement of the Mississippi River question.31

In Frankfort on the appearance of Flournoy's article, a number of indignant citizens went to the printer of the Guardian of Freedom, James M. Bradford, and demanded the real name of "Western American." Bradford according to the custom of the day refused to make it known. He was then informed that he, himself, would be considered the author, if he still refused. This threat however, failed to move him. About three o'clock in the afternoon the attorney-general of the Commonwealth accompanied by a group of townsmen went to the printing office and demanded in the name of the State of Kentucky the identity of the author. Before this array Bradford thought best to yield.

* * *

The excitement quickly grew throughout the town; and by nine o'clock an effigy of Flournoy had been made and tarred ready for the torch. A mob dragged it through the principal street of the town and then set fire to it shouting, "perpetuity to the union, confidence in the government, and the free navigation of the Mississippi." Then, according to the account of the day, "The citizens. repaired in peace and tranquility to their respective dwellings, happy in thus having an opportunity of publicly expressing their indignation at any attempt that may be made to make impressions unfriendly to them, and of satisfying the world of their attachment to the government of their choice, and their determination to support the Union of the states, as the sheet anchor of our peace abroad and safety at home." 32

In the United States District Court, meeting at Frankfort with Harry Innes presiding, the grand jury handed down an indictment against Flournoy. In the words of the jury "[we] do declare that we received with the utmost detestation and abhorrence any speeches, writings, or intimations tending to excite a spirit of discord, discontent or scism

30 A copy of this article may be found in Louisville Evening Post, August 29, 1900. The court records of this with the indictment of Flournoy are still preserved in Frankfort.

31 The Kentucky Gazette, reported in the issue for March 15, that it understood the author of the article was Francis Flournoy of Pendleton County.

22 Kentucky Gazette, March 15, 1803.

among our citizens toward the government of the Union; and consider such as utter or make the same, as enemies to the prosperity, welfare and peace of this country, and wickedly and viciously inclined to bring upon us the heavy curse of disunion which to a young and weak country must be utterly ruinous, do on our oaths present one Francis Flournoy, of the county of Pendleton, in said district, farmer, for unlawfully commencing a written correspondence, indirectly with the government of the French nation * * * with the intent to influence the measures and conduct of the said government of the French nation toward the United States." 33

There is no record of the outcome of the trial. It is, however, of interest to note that so extraordinary a charge should be brought, and especially that it should be brought in the court presided over by Harry Innes, who himself had been guilty of actual correspondence with foreign. nations, instead of merely addressing an open communication to a newspaper as was the case of Flournoy. But times had changed; and that made the great difference. That a person could be indicted for carrying on indirectly a correspondence with a foreign government by means of the public press constituted an interpretation of law and patriotic duty which could be made only by a people who were as anxious to strengthen the Union and forget the past as were the Kentuckians now.

Their position stands out still more forcibly in the light of a communication from Jefferson, to Breckinridge in August, 1803, in which he said, "If they [westerners] see their interests in separation, why should we take sides with our Atlantic rather than our Mississippi descendants? It is the elder and the younger brother differing. God bless them both, and keep them in Union if it be for their good, but separate them, if it be better." 34

Kentucky now took the highroad of patriotic support of the National Government, from which the storms of Civil war a half century later were unable to turn her.

33 Kentucky Gazette, March 22, 1803; Louisville Evening Post, August 29, 1900. The language of this indictment is novel in composition and rare in the phraseology of legal documents.

34 Beveridge, Life of Marshall, III, 283.

Vol. I-32