The Tennessee Constitution.

In their State Constitution the hard-working backwoods farmers showed a conservative spirit which would seem strange to the radical democracy of new Western States to-day. An elective Governor and two legislative houses were provided; and the representation was proportioned, not to the population at large, but to the citizen who paid taxes; for persons with some little property were still considered to be the rightful depositaries of political power. The Constitution established freedom of the press, and complete religious liberty—a liberty then denied in the parent State of North Carolina; but it contained some unwise and unjust provisions. The Judges were appointed by the Legislature, and were completely subservient to it; and, through the influence of the land speculators all lands except town lots were taxed alike, so that the men who had obtained possession of the best tracts shifted to other shoulders much of their own proper burden. [Footnote: "Constitutional History of Tennessee," by Joshua W. Caldwell, p. 101, another of Robert Clark's publications; an admirable study of institutional development in Tennessee.]

CHAPTER IV.

INTRIGUES AND LAND SPECULATIONS—THE TREATIES OF JAY AND PINCKNEY, 1793-1797.

The Current of Tendency.

Throughout the history of the winning of the West what is noteworthy is the current of tendency rather than the mere succession of individual events. The general movement, and the general spirit behind the movement, became evident in many different forms, and if attention is paid only to some particular manifestation we lose sight of its true import and of its explanation. Particular obstacles retarded or diverted, particular causes accelerated, the current; but the set was always in one direction. The peculiar circumstances of each case must always be taken into account, but it is also necessary to understand that it was but one link in the chain of causation.

The Causes of the Various Separatist and Filibustering Movements.

Such events as Burr's conspiracy or the conquest of Texas cannot be properly understood if we fail to remember that they were but the most spectacular or most important manifestations of what occurred many times. The Texans won a striking victory and performed a feat of the utmost importance in our history; and, moreover, it happened that at the moment the accession of Texas was warmly favored by the party of the slave-holders. Burr had been Vice-President of the United States, and was a brilliant and able man, of imposing personality, whose intrigues in the West attracted an attention altogether disproportionate to their real weight. In consequence each event is often treated as if it were isolated and stood apart from the general current of western history; whereas in truth each was but the most striking or important among a host or others. The feats performed by Austin and Houston and the other founders of the Texan Republic were identical in kind with the feats merely attempted, or but partially performed, by the men who, like Morgan, Elijah Clark, and George Rogers Clark, at different times either sought to found colonies in the Spanish-speaking lands under Spanish authority, or else strove to conquer these lands outright by force of arms. Boone settled in Missouri when it was still under the Spanish Government, and himself accepted a Spanish commission. Whether Missouri had or had not been ceded first by Spain to France and then by France to the United States early in the present century, really would not have altered its final destiny, so far at least as concerns the fact that it would ultimately have been independent of both France and Spain, and would have been dominated by an English-speaking people; for when once the backwoodsmen, of whom Boone was the forerunner, became sufficiently numerous in the land they were certain to throw off the yoke of the foreigner; and the fact that they had voluntarily entered the land and put themselves under this yoke would have made no more difference to them than it afterwards made to the Texans. So it was with Aaron Burr. His conspiracy was merely one, and by no means the most dangerous, of the various conspiracies in which men like Wilkinson, Sebastian, and many of the members of the early Democratic societies in Kentucky, bore a part. It was rendered possible only by the temper of the people and by the peculiar circumstances which also rendered the earlier conspiracies possible; and it came to naught for the same reasons that they came to naught, and was even more hopeless, because it was undertaken later, when the conditions were less favorable.

Clark's Part in the Proposed French Attack on Spain.

The movement deliberately entered into by many of the Kentuckians in the years 1793 and 1794, to conquer Louisiana on behalf of France, must be treated in this way. The leader in this movement was George Rogers Clark. His chance of success arose from the fact that there were on the frontier many men of restless, adventurous, warlike type, who felt a spirit of unruly defiance toward the home government and who greedily eyed the rich Spanish lands. Whether they got the lands by conquest or by colonization, and whether they warred under one flag or another, was to them a matter of little moment. Clark's career is of itself sufficient to prove the truth of this. He had already been at the head of a movement to make war against the Spaniards, in defiance of the Central Government, on behalf of the Western settlements. On another occasion he had offered his sword to the Spanish Government, and had requested permission to found in Spanish territory a State which should be tributary to Spain and a barrier against the American advance. He had thus already sought to lead the Westerners against Spain in a warfare undertaken purely by themselves and for their own objects, and had also offered to form by the help of some of these Westerners a State which should be a constituent portion of the Spanish dominion. He now readily undertook the task of raising an army of Westerners to overrun Louisiana in the interests of the French Republic. The conditions which rendered possible these various movements were substantially the same, although the immediate causes, or occasions, were different. In any event the result would ultimately have been the conquest of the Spanish dominions by the armed frontiersmen, and the upbuilding of English-speaking States on Spanish territory.