Background
Benjamin was born probably in 1745 in Virginia, United States. He was possibly connected with the Sebastians of Fairfax County, Virginia, and the vicinity.
Benjamin was born probably in 1745 in Virginia, United States. He was possibly connected with the Sebastians of Fairfax County, Virginia, and the vicinity.
There is no information about his education.
After serving some years as a clergyman, Sebastian removed to Kentucky, where a warrant, recorded on March 27, 1784, granted him land as a three-year soldier of the Virginia line, and another warrant, dated February 10, 1785, listed him among those obtaining land in Jefferson County, Kentucky.
He was admitted to the practice of law at Louisville in 1784 and was licensed as attorney on March 6, 1786, by the supreme court of the Kentucky district. At once he became prominent in law and in politics. A member of the famous "Political Club" at Danville he, like others of its leading members, was suspected of Spanish leanings. In the series of conventions leading up to statehood for Kentucky he espoused prompt separation from Virginia as a step toward obtaining the free navigation of the Mississippi. His attitude, especially in the convention of 1788, led James Wilkinson to recommend him, the following year, for a Spanish pension.
On June 28, 1792, he was appointed one of the judges for the appellate court of the state. This appointment, however, did not prevent him from continuing his correspondence with the Spaniards. Three years afterward both he and George Muter were subjected to a hostile address in both houses of the state legislature because of a decision regarding land titles, but the resolution did not receive a two-thirds majority. In this same year, 1795, the new Spanish governor of Louisiana, Francisco Luis Hector de Carondelet, renewed overtures to the Kentuckians through Sebastian, now evidently more approachable than General Wilkinson. Through the Spanish intermediary, Thomas Power, Sebastian was induced to confer with Manuel Gayoso de Lemoz, commandant at Natchez, at New Madrid.
When some differences arose over the proposed duties on river trade, Sebastian accompanied the Spaniard to New Orleans, in order to settle the question with Carondelet in person. He bore a letter from Carondelet completely justifying his conduct, but this did not forestall considerable speculation among his neighbors concerning this visit.
Sebastian went to New Orleans, in 1798, for further conference with Gayoso, who was then governor of Louisiana, and continued to receive his Spanish pension. In 1804 the payment of this pension proved his undoing. Already suspected by his fellow citizens, the death of the merchant in Natchez through whom one of his vouchers was cashed gave his enemies definite proof of his dealings.
The Federalist faction in Kentucky found in Sebastian an easy mark for their virulent attacks, and in November they obtained a petition asking the legislature to investigate his conduct. Fearful of the consequences Sebastian resigned at the end of 1806, but the committee continued its work and procured, especially from his associate Innes, testimony that made his guilt certain. The exposure meant elimination from public life. About 1810 he removed to Grayson County and there and in Livingston County purchased extensive tracts of land, built a saw-and-grist-mill and engaged in general merchandise. In 1821 he gave his son Charles power of attorney to represent him.
He died in 1834.
Being the judge for the appellate court, Benjamin Sebastian promoted the treaty with Spain providing the navigation of the Mississippi and a port of deposit rendered unnecessary any private arrangement. He also was involved in speculations regarding land titles in favour of Spanish governor. In a period of uncertain allegiance he followed a course of intrigue that promised to protect personal interest at the expense of state and nation. Thus far he was guilty but, of the dubious group with which he associated, he was the only one to pay full penalty for his guilt.
A man of striking presence and of considerable ability, his moral principles were not sufficient to withstand his monetary needs.