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enterprise, against the integrity of the United States. No two subjects could be more interesting to the people, of Kentucky; while both were beyond the control of Virginia—and also, of congress. For, as to the war, the Indians controlled that; and the navigation, was controlled by the Spaniards—independent nations, with whom even congress, who held the exclusive right of treaty making, could not treat with, but with their consent: nor enforce the execution of treaties upon them when made; as was completely evinced, as to those previously made, with Great Britain, and the Indian tribes; even could it have been done on their own side: a matter of but little less difficulty.

The war, now revived in its whole extent, as before the treaties, was nevertheless an old theme; while the navigation alluded to, was just about this time, flashed in the faces of the people, and pressed upon their attention, in a manner quite new; as will appear in the sequel; accompanied with alarming representations of danger; addressed to more passions than that of fear.

At the time now under review, there was no postoffice in Kentucky; no safe or certain mode of conveyance for letters, or newspapers, between this country, and the rest of the union: which left the people in ignorance of public affairs, and placed them much at the mercy, and management of designing persons of every character. The congress, then sat in New York; and there being no member from this district in it, there hardly appeared any medium of communication with that body. The consequence was, great want of information on both sides, of the dispositions, and transactions, of each other. The people here, were but too readily made to believe that congress neglected them; while at the same time, it was not strange if congress, thought them self-willed, and refractory. A situation, at all times to be deprecated. Because it affords to the designing, constant opportunities of imposing, misrepresentations upon the residue of the community, whether in or out of office.

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'CHAP. XII.

Navigation of the Mississippi, proceedings as to it-Indian hostilities Separation, measures taken to effect it, &c. &c.

[1787.] NOTWITHSTANDING, but little had been publicly said about the navigation of the Mississippi prior to March, 1787; yet it was sometimes mentioned, and no doubt, much thought of as the great channel of communication with the Atlantic; and for the export of the productions of the country, which might in future be destined to seek a foreign market. About that time, however, an occurrence took place, which presented the subject in a new aspect; with the intent of exciting new interests.

An association of men, under what pretence is not exactly known; possibly self-created, for the special purpose of taking care of the navigation of that river; and styling itself "a com mittee of correspondence in the western part of Pennsylvania," made a communication to the people of Kentucky in the following terms, viz:

"That John Jay, the American secretary for foreign affairs, had made a proposition to Don Gardoqui, the Spanish minister, near the United States, to cede the navigation of the Mississippi to Spain for twenty-five or thirty years; in consideration of some commercial advantages, to be granted to the United States; but such, as the people of the western country could derive no profit from."

This information, taken literally, and importing a proposition only, on the part of the secretary; was immediately seized, as furnishing matter of alarm, to the people, for the safety of the navigation in question; and held forth to them as evidence of a danger, which at once they were bound to meet and oppose. It is indeed at all times advisable, to be vigilant-and those who affect to watch over the rights and interests of the commuhity, have a positive merit, in understanding those rights, and

interests, in representing them truly, and in calling the attention of the public to them, when they become jeopardized, or have been neglected by those official functionaries whose duty of office it was to take care of them. To do all this correctly, is at all times meritorious.

This information, communicated as above stated, came opportunely enough, for those leaders of separation, who might yet think, the Indian war alone, inadequate to the purpose of disaffecting the Kentuckians, to their atlantic connexions.

It was immediately seized, and converted into a charge against congress, of proposing to cede to Spain this navigation, now magnified into great importance; and as giving just alarm: whence it became necessary that the people should immediately interfere.

Inasmuch, however, as several of the most active partisans, on this occasion are still living, and have furnished a voucher for their public conduct, it will be inserted, as belonging to the history of the times; and as a testimonial of their merit! It follows:

"Circular Letter directed to the different Courts in the Western Country

"KENTUCKY, DANVILLE, March 29th, 1787. "A respectable number of the inhabitants of the district,, having met at this place, being greatly alarmed at the late proceedings of congress, in proposing to cede to the Spanish court the navigation of the Mississippi river, for twenty-five or thirty years, have directed us to address the inhabitants on the western waters, and inform them of the measures which it is proper for this district to adopt.

The inhabitants of the several counties in this district, will be requested to clect five members in each county, to meet in Danville on the first Monday of May, to take up the consideration of this project of congress; to prepare a spirited, but decent remonstrance, against the cession; to appoint a committee of correspondence, and to communicate with one already established on the Monongahela, or any other that may be constituted; to appoint delegates, to meet representatives from

the several districts on the western waters, in convention, should a convention be deemed necessary; and to adopt such other measures as shall be most conducive to our happiness. As we conceive that all the inhabitants residing on the western waters, are equally affected by this partial conduct of congress, we doubt not but they will readily approve of our conduct, and cheerfully adopt a similar system, to prevent a measure which tends to almost a total destruction of the western country. This is a subject which requires no comment; the injustice of the measure is glaring; and as the inhabitants of this district wish to unite their efforts, to oppose the cession of the navigation of the Mississippi, with those of their brethren residing on the western waters, we hope to see such an exertion made upon this important occasion, as may convince congress, that the inhabitants of the western country are united in the opposition, and consider themselves entitled to all the privileges of freemen, and those blessings procured by the revolution, and will not tamely submit to an act of oppression which would tend to a deprivation of our just rights and privileges.

"We are, Gentlemen,
"With respect,

"Your most obedient servants;

"GEORGE MUTER.

"HARRY INNIS.

"JOHN BROWN.

"BENJAMIN SEBASTIAN.”

One, at least, of these missiles being despatched to each county in the district, it had the effect to be expected-it spread the alarm, which it expressed-excited the feelings intended to be aroused-turned public attention upon congress, as the author of the threatened injustice—and could but increase the jealousy, and even animosity, which some had already conceived against that body; on account of its conduct in relation to the Indians. Had it been true, in its representation of the conduct of congress, touching the navigation of the Mississippi, no exception could have been taken, to its composition.

But it substituted, CONGRESS, for the "secretary of foreign affairs;" and charged upon this substitute, thus made, a proposition, which had been suggested by the "secretary" only— a proposition which had been expressly inhibited by congress, and never authorized by any subsequent order.

Again, it may be inquired, if the circumstances of the case, as it stood in fact, were a justification for the course proposed in the circular? That the people have at all times, a right to assemble peaceably, and to consult one-another, about the means of their happiness, and to apply to those in authority, by petition, address, or remonstrance, to avert an impending, or correct a present evil, is one of those plain propositions which should never be questioned. Its assertion and maintenance are essential to free republics-and to the preservation of those human rights, and privileges, which have not been submitted to government... Nor will it now be denied, however questionable some may think it, but that the citizens of an organized government have a right to choose representatives, to constitute county, or state, conventions, for purposes not indicated in their constitution. The most that the present case seems to require to be said, is, that conventions of representatives of the people, having no legally defined object; and extending their corresponding and affiliating views to foreign connexions, are dangerous institutions; justly alarming to well disposed citizens; unless the object is to overturn the existing government; and that being avowed, has the general approbation. In the case alluded to, the ostensible object, was the security of the navigation-the proposed means were alone questionable. What ulterior views the authors of the circulag letter had formed, if any, it is not necessary to explore. These observations will guard. an inquiry into the real facts of the case, now briefly to be exposed, from any misconception.

It appears, that as early as the month of November, 1786, the general assembly, of Virginia, had taken up the subject of this navigation in reference to the case alluded to in the circular, upon the remonstrance of some of her western inhabitants; who had applied to that constitutional organ, rather

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