CHAPTER XVIII.--State Rights.
As the non-conformist preachers of Virginia were aggressive men, so werethe early preachers of Kentucky.
In Virginia they fought for religious freedom and social liberty; inKentucky William McKendrie, Father Rice and such men fought to preserveKentucky to the Union and to embody in her first constitution provisionsto abolish slavery. Some years after she was admitted to the Union, asmilitant preachers they used their power of thought, speech and exampleto curb a strong anti-federalist sentiment that would have torn her fromthe Union upon the issues presented by the Genet Mission, in sympathyfor France against England and Spain; in opposition to Jay's policiesand the Federal alien and sedition laws. The state was stronglyanti-federal; and Jefferson its political idol.
The early citizens of Kentucky, limited in resource for entertainment,organized in the large towns debating clubs or societies which heldweekly meetings. Debates upon religious and political subjects werecommon and popular. It is said, where two or three Kentuckians aregathered together, there will a speech be made.
Reference has heretofore been made to the political club at Danville,one of this kind; but such clubs were succeeded by those ofanti-federalist tendencies. In August, 1793, a club of Frenchsympathizers, known as The Lexington Democratic Society, was organizedat Lexington and others of like character at Paris and Georgetown.
There were several cogent reasons why Kentuckians should sympathize withFrance in the war she was then waging with England and Spain. TheAmerican colonies in return for aid in the Revolution had boundthemselves to France in any defensive war she should be forced into withGreat Britain. In addition resentment against the British was at feverheat, because they continued to hold the forts of the NorthwestTerritory despite the treaty of 1783 and the officers in charge of theforts aided and abetted the Indians to intermittently raid thesettlements of Ohio and Kentucky. Again, Kentuckians desired the UnitedStates to become an ally of France; in which event it would give themthe opportunity to procure by force of arms the free navigation of theMississippi; which the Spaniards controlled and hedged about with suchcommercial restrictions as to create a bitter hatred in Kentucky againstSpain.
When Washington by proclamation of April 22, 1793, declared thiscountry's neutrality in the then war in which France was engaged,Citizen Edmund Charles Genet, the agent in the United States of the newFrench Republic, did everything in his power to excite oppositionagainst the federal government, by organizing political clubs incommunities where French sympathy was strong, and his agents were mostsuccessful in Kentucky.
Seeing the hopelessness of procuring direct aid from the United Stateshe concentrated his efforts in an attempt to excite Kentucky and thewestern country into making a river attack upon New Orleans, thus hopingto force war between Spain and the United States.
In November, 1793, five of his agents came to Kentucky. They conferredwith General George Rogers Clark and prevailed upon him to accept aFrench commission as "Major General of the armies of France andCommander in Chief of the Revolutionary Legions of the Mississippi."
General Clark issued a proclamation to the effect that each personparticipating in the planned expedition against New Orleans shouldreceive a great boundary of land in payment for his services, or, if hepreferred it, be paid one dollar a day; and that all should share in theplunder taken. His reputation was such and the scheme so enticing thatmany volunteered.
The Kentucky Gazette, a Lexington paper, on October 12, 1793, declarededitorially:
"How long will America submit to the operation of paying a heavydegrading tribute to a Spanish officer for a license (in his power evento deny) to proceed to sea with their vessels and produce and underrestrictions of making such vessels Spanish bottoms * * *? If they wishto export their produce they must not only make use of the most humblesolicitations but they are compelled besides to pay a very high duty forthe permission of sailing out of the Mississippi under the colors of aforeign nation at war with our allies. How degrading such restrictions!How humiliating to an American!"
In the same issue appeared certain resolutions of the LexingtonDemocratic Society: "* * * Resolved that the free and undisturbed useand navigation of the river, Mississippi, is the natural right of theCitizens of this Commonwealth; and is inalienable except with the soil;and that neither time, tyranny nor prescription on the one side noracquiescence, weakness or non-use on the other can ever sanctify theabuse of this right."
Again this society on November 11, 1793, published in the Gazette anaddress giving its plan for forcing this issue: "* * * It will be properto make an attempt in a peaceable manner to go with an American bottomproperly registered and cleared into the sea through the channel of theMississippi, that we may either procure an immediate acknowledgment ofour right from the Spaniards or if they obstruct us in the enjoyment ofthat right, that we may be able to lay before the Federal Governmentsuch unequivocal proofs of their having done so, that they will becompelled to say whether they will abandon or protect the inhabitants ofthe Western Country."
The reply of Governor Shelby to a communication of Secretary of StateJefferson as to the matter, indicates sympathy with the movement. Inpart he says: "I have grave doubts even if they attempt to carry thisplan into execution (provided they manage the business with prudence)whether there is any legal authority to restrain or to punish them, atleast before they have actually accomplished it. For if it is lawful forany one citizen of this state to leave it, it is equally as lawful forany number of them to do it. It is also lawful for them to carry withthem any quantity of ammunition, provisions and arms. And if the act islawful in itself there is nothing but the intention with which it isdone which can make it unlawful. But I know of no law which inflicts apunishment upon intention only or any criterion by which to decide whatwould be sufficient evidence of that intention * * much less would Iassume power to exercise it against men whom I consider as friends andbrothers, in favor of a man whom I view as an enemy and a tyrant. Ishall also feel but little inclined to take an active part in punishingor restraining my fellow citizens for a supposed intention only togratify or remove the fears of the minister of a prince who openlywithholds from us an invaluable right and who secretly instigatesagainst us a most savage and cruel enemy."
On March 24, 1794, President Washington issued a proclamation: "WhereasI have received information that certain persons in violation of thelaws have presumed, under color of a foreign authority, to enlistcitizens of the United States and others within the State of Kentucky;and have there assembled an armed force for the purpose of invading andplundering the territory of a nation at peace with the said UnitedStates, * * * I have, therefore, thought proper to issue thisproclamation, hereby solemnly warning every person not authorized by thelaws, against enlisting any citizen or citizens of the United States forthe purpose aforesaid or proceeding in any manner to the executionthereof as they will answer the same at their peril."
About this time the Girondists lost control of the French Government.Citizen Genet was recalled and his acts repudiated. Believing that if hereturned he would be guillotined, he went to New York, where heestablished his domicile, married the daughter of Governor Clinton andremained until his death in 1836.
The failure of the Genet Mission did not close the old controversy sovital to the Western Country--the control of the commerce of theMississippi.
In Kentucky, no man has ever been so unpopular as John Jay. This feelingoriginated in 1785 because of his proposition to concede to Spainabsolute control of the Mississippi river for twenty-five years forcertain concessions which would only benefit the Atlantic coast states.
James Monroe, referring to this suggestion in a letter written toGovernor Henry of Virginia, said: "The object of this is to break up thesettlements on the western waters * * * so as to throw the weight of thepopulation eastward and keep it there, to appropriate the vacant landsin New York and Massachusetts."
Jay in 1794 was appointed as an envoy to England for the
purpose ofnegotiating a treaty between that country and the United States.Relations were strained because of British aggression against ourcommerce in retaliation for very open sympathy for France and a beliefthat a secret treaty existed between France and the United States.
While he was yet on the ocean, a great meeting was held at Lexington, onMay 24, 1794, protesting against his appointment and mission and thefollowing resolution was adopted and published:
"* * * That the inhabitants west of the Appalachian Mountains areentitled by nature and by stipulation to the free and undisturbednavigation of the river Mississippi.
"That we have a right to expect and demand that Spain should becompelled immediately to acknowledge our right or that an end be put toall negotiations on that subject.
"That the injuries and insults done and offered by Great Britain toAmerica call loudly for redress and that we will to the utmost of ourabilities support the General Government in any attempt to obtainredress.
"That the recent appointment of the enemy of the Western Country tonegotiate with that nation and the tame submission of the GeneralGovernment, when we alone were injured by Great Britain, make it highlynecessary that we should at this time state our just demands to thePresident and Congress. * * *"
Jay succeeded in his mission; a treaty was made, followed in May, 1796,by the surrender of the British forts in the Northwest Territory; whichfinally relieved Kentucky from British accessorial influence in theIndian aggressions.
In 1795, Governor Carondelet, of Louisiana, renewed the effortsinstituted by Miro and Wilkinson to separate Kentucky from the Union. AsWilkinson at the time was a general in the United States army and nolonger a resident of Kentucky, his chief agent in Kentucky was JudgeSebastian. Carondelet's agents soon discovered that the people ofKentucky no longer cared to surrender their interest in the Union inexchange for Spanish commercial privileges.
On October 25, 1795, a treaty was entered into between Spain and theUnited States by Article IV of which it was stipulated that: "HisCatholic Majesty has likewise agreed that the navigation of the saidriver in its whole breadth from its source to the ocean shall be freeonly to his subjects and the citizens of the United States unless heshould extend this privilege to the subjects of other powers by specialconvention." On August 2, 1796, this treaty became operative bypresidential proclamation.
So far as known, after the adoption of the treaty, Spain made no effortto procure the withdrawal of Kentucky from the Union until 1797. ThenGovernor Carondelet's agent, Thomas Power, came to Kentucky with aletter to Sebastian in which it was suggested that Kentucky was "* * *to withdraw from the federal union and form an independent westerngovernment."
After Power had conferred with Judge Sebastian he visited Wilkinson, atthe time a major general in the United States army and stationed atDetroit. Wilkinson was much put out by the visit and told Power he hadbeen instructed to arrest him. He did not do this but sent him underguard to Fort Massac, from which point he was permitted to go to NewMadrid and from there returned to New Orleans.
Power reported to Carondelet that Wilkinson received him ungraciouslyand said: "We are both lost without deriving any benefit from yourjourney. * * * The project is chimerical, as the western country hasobtained by the treaty of 1795 all she wants. Spain had best abide bythe treaty which has overturned all my plans and rendered ten years'labor useless."
As is known, the Jay treaty came very near causing war between Franceand the United States. Many Kentuckians felt that France had good reasonfor declaring war. Her charge against this government was that by theconcessions made to Great Britain, America had disregarded hercommercial and defensive allegiance with France.
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From the organization of the Union Virginia, and, after Kentucky wascarved from it, Kentucky were anti-federal states, championing staterights and declaring in no uncertain terms that the Federal Governmentwas a creature of the states.
The Federal Government and the State of Kentucky kept close watch uponeach other; the State jealously guarding her rights and the FederalGovernment ever suspicious of the separatist spirit of Kentucky; thougha reference by vote of the people would have disclosed that only a smallthough influential minority advocated such a policy.
Just preceding the passage by Congress of the alien and sedition laws,political conditions in Kentucky were such as to at last make theFederal Government popular. Indian outrages had been suppressed; freenavigation of the Mississippi had been procured; the British forts ofthe Northwest had been surrendered; but a storm of protest against thecentralizing tendencies of the government swept Kentucky upon theenactment of these laws; though their purpose was to curb theanti-federalist spirit.
They thought but little of the alien law, providing for the expulsion offoreigners, but were greatly incensed at the sedition statute which madeit a high misdemeanor to abuse the president or congress. Their protestwas not evidence of sedition but a well developed sensitiveness againstthe danger of over-government.
They contended, the object of the Revolution had been to secure localgovernment and in recognition of this purpose, the convention hadrefrained from providing means whereby the states could be coerced intosubmission.
As a counter attack the Kentucky legislature passed certain resolutionsin which there was an element of sedition; but the resolutions werejustified by the alien and sedition laws.
Mr. Jefferson is chargeable with the authorship of the Kentuckyresolutions. At a conference held at Monticello, he was asked to anddrafted the resolutions, which somewhat modified were presented by Mr.Breckenridge to the Kentucky Legislature on November 8, and adoptedNovember 10, with but one dissenting vote, Mr. Murray, in the House, andunanimously by the Senate.
The resolution charged Congress with usurpation of power in enacting theAlien and Sedition laws and defined and declared for state rights: tothe effect that when a state deemed a federal law unconstitutional oroppressive, if Congress refused to repeal it, the state had the right todeclare it inoperative within her boundaries and to protect her citizensagainst penalty for its violation.
Virginia was the only other state siding with Kentucky in thecontroversy, which it did by milder resolutions.
These resolutions gave birth to the new Democratic party and raised agreat political question, state rights, which for more than three scoreyears, continued a national issue.
The alien law fixed the period of residence before naturalization atfourteen years and gave to the president power to expel all aliens whomhe judged dangerous to the peace and safety of the United States.
The sedition act, in the face of constitutional provisions guaranteeingfreedom of speech and of the press, made it a crime "for any personunlawfully to combine and conspire to oppose or impede any governmentalmeasure or to intimidate any person holding a public office or to inciteinsurrection, riot or unlawful assembly or to print or publish anyfalse, scandalous and malicious writing against the Government or eitherhouse of congress or the president with intent to defame them or bringthem into contempt or disrepute or to excite against them hatred of thegood people of the United States, or to stir up sedition or with intentto excite any unlawful combination therein for opposing or resisting anylaw--or to aid, abet or encourage any hostile design of any foreignnation against the United States."
Mr. Jefferson, called the father of the new Democratic Party, wrote Mr.S. T. Mason: "For my part I consider these laws as only an experiment onthe American mind, to see how far it will bear an avowed violation ofthe constitution. If this goes down, we shall immediately see attemptedanother Act of Congress, declaring that the President shall continue inoffice during life, reserving to another occasion the transfer of thesuccession to his heirs, and the establishment of the Senate for life ** *"
Many speeches were made in the summer and fall of 1798 to arouse andorganize sentiment against these laws. As Kentucky was in sympathy withFrance and anti-federalist in politics the sentiment against the lawswas a
lmost unanimous.
A great Democratic meeting was held at Lexington and was addressed byGeorge Nicholas. More than a thousand men were assembled around thewagon from which he spoke.
Reverend Calvin Campbell, who at the time was assisting Father Rice in aprotracted meeting at the Presbyterian Church, stood on the sidewalkwithin convenient distance of the speaker and appeared greatlyinterested in the speech, though he did not agree with what Mr. Nicholashad to say. His experiences with Wilkinson and his dupes and accompliceshad made of him an ardent supporter of the Federal Union.
Nicholas, who was instructor in the law department of TransylvaniaUniversity, was a very able lawyer, a logical debater, a man of goodcharacter and fine attainments. His speech impressed all his hearers. Hedwelt at length upon the great debt the United States owed to France;assailed the Jay treaty as a most selfish policy and the desertion ofthe truest ally a country ever had; and finally congress for havingusurped power and disregarded the constitution by the enactment of thealien and sedition laws.
Yet Calvin Campbell felt that the speaker knew that it was the duty ofevery Kentuckian to stand by his government even in her mistakes and asa matter of policy it was all Kentucky could do. He felt sure that sucha lawyer as Nicholas knew that if each state reserved to itself power tosay what laws of congress it would or would not regard, that the Unionmust of necessity fail and Kentucky end by surrendering her liberty todecadent Spain for a mess of pottage.
He felt that he could answer every argument made by Nicholas, and insuch a way as to gain his hearers from him; and wondered if others wereaffected as he had been: Though he acknowledged the strength of thespeaker's argument, instead of being persuaded, his sense of oppositionhad been accentuated.
The crowd was beginning to disperse when several began calling for HenryClay. In answer to these calls, a tall, slender and delicate lookingyoung man, little more than twenty-one, climbed into the wagon and beganto speak.
For several minutes, the majority of the crowd hesitated whether to goor remain. The speaker had an excellent voice, an earnest manner and,they soon found out, something to say and knew how to say it. He spokeupon the sole theme of federal usurpation and his speech was soremarkably good, his manner so earnest and the impression he made sounexpected that his hearers were captivated and convinced. Even CalvinCampbell felt his opposition disintegrating. The arguments his mind hadframed against what Nicholas had said seemed losing their potency; notso much by what the speaker said as by the magnetic way in which he saidit. He seemed to put into words the thoughts of your own mind. YetCalvin Campbell after he recovered from the influence, said to himself:"That speech would not read well," and this impression was confirmedwhen in later years he read many speeches of the Great Commoner.
When Clay finished there was a moment of absolute silence, then a greatburst of applause.
First Mr. Murray, then Mr. McLean, Federalists, attempted to respond butthe people would not hear them. Mr. McLean said something that incensedthe crowd. In a high state of excitement many rushed at him and he wouldhave suffered bodily harm had not Nicholas, Clay and Calvin Campbellprevented it.
The two Democratic speakers were lifted first upon the shoulders ofseveral of the crowd, then into the wagon from which they had spoken anddrawn at the head of a very noisy procession through the streets ofLexington.
The week that Nicholas and Clay spoke in Lexington, only one voice wasraised in support of the Union; and that was at the Presbyterian Church,where Calvin Campbell, reading as the Scripture Lesson Matthew 22:15-22and Romans 13:1-10, preached on citizenship: "Render therefore to alltheir dues, custom to whom custom; fear to whom fear; honor to whomhonor."
The Kentucky Gazette published a notice of and summary of the sermon, inwhich it was said:
"The editor never misses an opportunity to hear Rev. Calvin Campbell. OnSunday he spoke on 'Citizenship' to a great crowd at the PresbyterianChurch.
"I know of no man who can as quickly transform a partisan Democrat intoa Federalist. At least, all of Sunday afternoon after his sermon, I feltit my duty to support the present federal administration.
"The first thought when you hear him is: 'What a great statesman hewould make,' then your better judgment suggests, 'He is better placedfor service; he is doing greater work; he is the ambassador of Christand I believe, lives up to his credentials.'
"It is regrettable the whole city did not hear that sermon; it wouldhave created a fairer spirit towards the federal government, and eachwho heard to question: 'Am I as a citizen responsible for the verythings I condemn in the government.'
"I quote the beginning of the sermon:
"'A. D. 30, Rome was master of Jerusalem; the city had a Roman governor,but the Sanhedrin ruled the temple, which to the Jew was the seat ofgovernment; and Rome was too wise to interfere with the religions of herconquered people.
"'The priesthood discover that the glory of the temple is beingeclipsed; that their religious domination is being questioned; and bywhom? A Nazarene--the son of a carpenter--a mere upstart; who claims tobe and is beginning to be acclaimed the Messiah.
"'At a most inopportune time, when the city is filled with Jews fromevery corner of the civilized world, he enters as a king and multitudesgoing before cry: 'Hosanna to the Son of David.' When business is besthe cleanses the temple and curtails revenues; and even now stands beforethe multitude and by forceful parables which all understand, condemntheir organization and question their authority; they, the fathers ofthe church, the real head of the nation.
"'Something must be done and speedily. The Sanhedrin is hastily calledin executive session to sit in judgment--to pass sentence of death.
"'Annas, feeble, old, hard, proud, resentful of Roman power and secrethead of and real ruler of the Theocracy, says: "But we have not thepower to put him to death."
"'His son-in-law, Caiaphas, he who plays the part of sycophant toPilate, and is supposed by the Governor to be the High Priest, answers:"We will make Rome our instrument; we will expose him as a revolutionistand as guilty of sedition and Pilate will crucify him." And so Christ ofa truth in that day was a revolutionist, but of character not ofgovernment.
"'As they sat discussing means towards this end, the doorkeeper reportedthat certain Herodians were without and desired to speak with Caiaphas.
"'"What can these Romanized Jews, these members of the Court Party,these worshippers of expediency, who say that it is lawful to paytribute to Caesar, wish with me? or of us? We are patriots and devoteesof our Theocracy. We despise Rome and Roman power and in loathing andwith curses and in resentment, pay a head tax to Caesar. * * * Ah! Ihave the plan! We will send certain of our lesser priests with theHerodians to this teacher of false doctrine and have them say: 'Master,we know that thou art true, and teachest the way of God in truth;neither carest thou for any man, for thou regarded not the person ofmen. Tell us therefore what thinkest thou? Is it lawful to give tributeunto Caesar or not?' And this Jesus swallowing our bait of flattery, letas hope shall answer: 'It is not lawful;' then these limbs of Satan, theHerodians, will report him to Pilate. If he answers: 'It is lawful,' itwill not be so bad for our cause; since we will spread his answer amongour people, who will no longer listen to his teachings, knowing he isnot in truth a Jew. He perforce must answer the one or the other way."
"'The plan of Caiaphas is adopted. Pharisees and Herodians, implacableenemies, as incongruent a group of conspirators, as a combination oforange and shamrock in a St. Patrick day procession, uniting for thispurpose, come to Jesus on Tuesday of Passion Week as he stands on aporch of the temple; and propound to the Lord their question: "Is itlawful to pay tribute to Caesar?"
"'"Hand me a penny;" (doubtless not possessing one) and holding it upasked: "Whose this image and superscription?"
"'"Caesar's."
"'"Render therefore to Caesar the things which are Caesar's and to Godthe things that are God's."
"'Knowing that all knew the right to coin and to tax are attributes ofsovereignt
y; or as Paul puts it: "The powers that be are ordained ofGod--render therefore to all their dues; tribute to whom tribute isdue."
"'Towards God and the State, maintain separate relations and render aseparated allegiance; and to each obedience, and reverence; and to thelatter a conscientious citizenship. These are guiding principles; truein all times, for all governments--and when disregarded cost misery andbloodshed.
"'Church as well as state has tried to do away with this separatedallegiance. The medieval church, assuming the province of temporalsovereign, trampled underfoot the laws and the people and made of itselfthe most tyrannous and grasping government of history. They taxed thepeople to starvation for the crusades, to maintain the church fathers inaffluence, to build great cathedrals, not for the glory of God; but aspalaces to advertise the power of the church. The Pilgrim Fathers, whoin their narrowness and bigotry persecuted Baptists and Quakers, were nobetter citizens than the churchmen of Colonial Virginia who denied tonon-conformists the right to worship God as conscience dictated.Possibly they were no better Christians, since neither understood infull measure the commandment: "Thou shalt love thy neighbor as thyself."
"'Are you a follower of Christ and not a supporter of the Union?Impossible! A good Christian must be a good citizen; he must render untoCaesar, unto the Union, his allegiance.
"'While all Christians are good citizens not all good citizens areChristians. Are you a politician devoted to Caesar? A better citizenthan Christian? Then balance conscience with citizenship and render untoGod yourself; if for no other reason, because you bear his image; as acoin from his mint.
"'The parties of today come to the voter with a great question andattempt to make it a quibble, as the Pharisees and Herodians came toChrist * * *'
"At this point the writer became so interested at the argument CalvinCampbell was making in support of the infant Union and as yet untriedconstitution; asking that we give to the Federal Government an honest,patient opportunity to make good, that he neglected to take notes.
"In any event further space is impossible in this issue. Perhaps someday papers may grow in size from a single sheet giving in the main localnews, to great journals offering a medium of education towards bettercitizenship."
Voices; Birth-Marks; The Man and the Elephant Page 24