of the legislature; which was thought by some, to be too independent of the people; and now openly charged with being aristocratic, and careless of the will or wishes of the majority of the country. This last idea, undoubtedly had reference to the vote of the senate, on the bill to which allusion has been made; and which by addresses from several parts of the state then on the table, appeared to be popular, and was pressed on the future attention of the legislature, with renewed warmth.

Thus early was the jealous, if not jaundiced, eyes of the democracy turned upon the senate, when it was found to possess some independence; and to answer the purpose for which it was intended--"a check upon the house of representatives." The cry of ARISTOCRACY, was hence repeated, got into the public prints, and spread throughout the country, with a malign effect. For certainly there was no one property of a PRIVI LEGED ORDER, that being the meaning in which the appellation was taken, about the constitution of the senate. If it was filled by men of more age, experience, and wisdom, or possessing more property, than those of the house of representatives, it was certain that they did not derive either from their official situation, but carried them into it. If they were properties of aristocracy, it was that kind of "natural aristocracy" which is the result of the inequality of men; and ever to be found in every civilized society, where industry is protected, labour rewarded, and property secured, to its rightful owner. It is true, that in the order of nature, democracy precedes aristocracy; as nakedness precedes clothing, and ignorance is before the improvement of the mind, or the acquisition of riches. Admitting the fact, which none can deny, that all come into the world equally, and really, ignorant, and naked; and taking this as the basis of democracy; yet it is not perceived to confer any peculiar merit, or to give any exclusive privilege; for the aristocrat, may boast an equal origin, and assert an equal claim, to primeval ignorance, and nakedness. What then is the real source, and true foundation of democratic merit? It is, that the greater portion of mankind continue nearer their original state of nakedness, and ignorance; while

the smaller portion depart from it, in the line of improvement and acquisition, intellectual and circumstantial: so that those who pass a certain point in this progress of augmentation, are called rich, or learned, or wise, beyond the attainments of the multitude; and hence become "aristocrats"-That is, objects of envy, jealousy, hatred, and abuse, to the virtuous leaders of the "democracy;" of whom they want to make ladders, on which to climb, over the heads of the aristocracy! And such is the material to work on, that it is often done.

The senate of Kentucky, so stigmatized, derived notwithstanding all its rights, powers, and privileges, through the medium of the constitution from the democracy of the country, always the majority; and here, let in to vote at elections, without qualification, other than residence, and full age. At the end of four years, this dreadful aristocratic body became totally extinct; again, to be composed of new members, taken from the general mass, by electors, chosen by the democracy: who soon gave proofs, hereafter to be noticed, not only of its jealousy, but of its power.

A bill passed the senate, for selling the vacant lands south of Green river, to Elisha J. Hall and company, for seventy-five thousand pounds; equal to two hundred and fifty thousand dollars, to be paid by instalments, of short periods; which was rejected by the house of representatives, nineteen to thirteen.

In fact, but little was known of the quantity or quality of these lands by the members in general; who probably supposed that all the most valuable parts had been taken by the military locations: although it was otherwise, as proved by after experience.

There were received into the public treasury for this year, eight thousand eight hundred and eleven paunds, five shillings and one penny. For the same period, there was paid out, seven thousand six hundred and forty pounds, sixteen shillings and eight pence. On counting the cash, there was found thirty three pounds, in cash, and certificates-deficiency, eleven hundred and seventy pounds, eight shillings, and five pence. This was afterwards, satisfactorily accounted for: upon correcting the accounts, by the vouchers.

An act concerning the trustees of the Transylvania semipary," suspends their powers during the session of the general assembly. Another act, "concerning the Transylvania seminary," puts the institution under the control of the Lexington district court, for certain purposes.

It was enacted that the auditor, treasurer, and secretary, should after the first day of the ensuing April, reside in Frank fort, and there keep their respective offices. That in addition to their present salaries, the treasurer, and auditor, should' each receive eighty pounds annually. And further, that the governor next to be elected, should receive one hundred pounds yearly in addition to the salary then allowed by law. The governor, was allowed to place certain guards on the wilderness road.

Representation was apportioned among the several counties. The wages of members of the general assembly, were raised from six, to nine shillings, per day.

At this session, there were upwards of fifty new laws made; about fifteen of them on private subjects. Among these is to be particularly noticed, one allowing of the divorce of Marga ret, from her husband, James Richardson; whom she alleged had left her, and gone to the Spanish territory. She might sue in any county court, and on establishing the facts by a jury, that her husband had left her and become a Spanish subject, she was to be divorced.

Of a different character was one, to pay for the scalps of wolves, killed; another, to compel every free male over sixteen years of age to kill a certain number of crows, and squirrels. The subjects of bastardy, strays, and vagrants, each underwent legislative revision. Others for conveying lands, regulating towns, legalizing erroneous proceedings, giving further time to improve town lots, &c. are but adverted to as characteristic specimens, of the general course of legislation. At the close of the session, the governor, and general assembly, exchanged valedictories; expecting no more to meet officially, as the gen eral election was to take place, 1796, previous to another

But it occurs, to place among the transactions of this year, some account of the treaty with Spain, whereby the controverted boundary was settled to run from the Mississippi on the northern extremity of the thirty-first degree of north latitude, east &c.; and a free port, for the citizens of the United States, opened at New Orleans; contrary to the predictions of Mr. Brown; and to the great disappointment, and chagrin, of the Spanish party in Kentucky. Who had in this year deputed Mr. Sebastian to make a treaty of the commercial kind, with the agents of Spain on the Mississippi; and which had received. its form, when the treaty, made at Madrid, with the United States, was announced. This being ratified by the respective governments, superseded that clandestinely made by Sebastian; and for a while caused these intriguers, among whose names were seen those of George Nicholas, and William Murry, to pause; in order to see whether, or not, it would be executed, on the part of his Catholic Majesty. From this time Sebastian was the pensioner of Spain, at the rate of two thousand dollars

a year.

Inasmuch however, as these subjects will again be mentioned the evidence of the facts will be withheld, for the full develop ment of the project, in due order of time.

CHAP. V.

State of the Country-Treaties with England and Spain-Par bies-Elections for Governor, &c.—Garrard-his Speech to the Legislature-New Counties made-Other acts-One to establish a Court of Appeals-Breach with France-Jefferson's Letter to Mazzie--1797--Adams, President; his conduct in relation to France; February Session--Act concerning Occupying Claimants--and other acts-A disquisition on some points of Government &c.-Overtures, to Spanish Partisans, to sever the Union--Proceedings and result-November Session-Proceedings, acts, &c.

[1796.] In the year 1796, Kentucky found herself in a state of profound peace with all her neighbours, but considerably agitated, by her own internal commotions. Neither the treaty with Great Britain, nor that with Spain, had yet been carried into effect. The French, or Jefferson party, in the United States, opposed the appropriations, necessary to effectuate the treaty with England; without which, there must have been a breach of faith, and a new cause of war, the thing they aimed at creating, added to the old ones; which they doubted not would effect their purpose, and of which they were tenacious. Their influence in congress, had by this time become so great, that the appropriation, was for a time suspended; and even rendered doubtful. The same party, was however willing to see the treaty with Spain, carried into execution, and readily passed an appropriation for that object. It was sent to e senate, and there suspended, on an informal understan ar among the majority, that until the house of representatives passed the bill for the appropriation in aid of the treaty with! Britain, they would not pass the bill, in favour of the Spanish treaty: determined that both should share the same fate. And moreover, that the responsibility should fall on the party, who had projected the violation of the public faith, pledged in the exact terms of the constitution by the treaty making power. When the determination of the senate came to be known,