Thus were eleven new counties made; the greater number of which, were in that section of the state called the Green River country, whose population had been rapidly increased, by means of the head right laws; which settled, the south of Green river.

In compliance with the joint request of a majority of the trustees of the Transylvania seminary-and of the Kentucky academy--the two institutions, were united on the terms agreed, by the parties.

Twenty trustees were named-and the establishment was henceforth to take the name of, the Transylvania University; and to be administered in Lexington, at the seat of the seminary, until removed by a board of the trustees; two-thirds of whom were required to concur in the measure.

The trustees were incorporated, with power over the funds; and the right, by the concurrence of a majority of the whole number, to elect poor boys, or youths, of promising genius, into the institution, to be assisted in their education by the public, or common funds.

Former laws of the two united institutions, to be the laws of the university, until altered by the legislature-except as to certain modifications, which were made in the act.

The Bourbon academy, was established by an act of this session.

And by another act, more than twenty other similar seats of education, were also established, and corporate powers, vested in trustees; with a faculty of superintendence, and also to hold and control such funds as should be bestowed upon their several institutions, for the purposes of education. Indeed, the legislature have been at no time backward in granting such charters. While the idea seems well established, that one in each county is a matter of course; and as many more as may be petitioned for.

This act, like that passed at the preceding session on the subject of academies, granted six thousand acres of land to each academy by it established; to be located under the

direction of the trustees. And the like quantity of six thousand acres, for an academy in each county where none had been established; to be located under the direction of the county

courts.

An act allowing the settlers south of Green river to pay the money due the state, in equal annual portions, also became a law at this session. Four instalments, with interest, were allowed.

It seems that every history should exhibit statements, from time to time, of the public revenues; and if this is deficient in precision occasionally, it is to be ascribed to the loss of official journals, for some of the years, or defects in reports. In this part of the work, the most important consideration is to shew the progressive increase of both the receipt and expenditure of public money: and this may be done with sufficient accuracy, by taking a medium between those years in which the aggregates have been given with certainty. And that must suffice for this year.

CHAP. VII.

Assemblage at Bryant's, &c.--President announces a new mission to France-Other measures which lead to accommodation, &c.Convention assembled in Frankfort, and Constitution formed-The new Constitution-Legislative proceedings--Proposals to improve the navigation of Kentucky river--Vineyard Society incorporated-Several new counties made, and other acts done.

[1799] Early in February, 1799, a numerous assemblage of the people of Fayette took place at Bryant's station, in order to interchange opinions, and come to resolutions about the qualifications and sentiments of persons to be elected as members to the convention for revising the constitution. Equality of representation; a divided legislature; the independence of courts, and judges; the compact with Virginia; and the continuation of slavery, exempt from legislative emancipation, were severally resolved, affirmatively. The latter subject produced a considerable opposition, and some warmth. The resolution was qualified with various ameliorative provisos; such as are seen in the constitution. Committees of two members from each religious society, and from each militia company, were recommended, to meet at the same place on the third Saturday of the same month for the purpose of agreeing on a list of names, of persons to be elected as representatives, to the convention. It is not believed that this recommendation was generally attended to. There was another meeting, at Colonel Patterson's, which entered into a resolution in favour of gradual emancipation; and who also formed a ticket, and recommended a fuller meeting at the seminary, on the April court day: but, with little effect.-Neither were the Bryant's Station measures generally imitated.

On the 18th of February, the president of the United States. announced to the senate, that he nominated William Vans Murray, our minister resident at the Hague, to be minister plenipotentiary to the French republic. With this nomination,

he transmitted a document which intimated that the government of France would receive a minister from the United States-but as this intimation was not official, he deemed it proper to inform the senate, "that he should instruct Mr. Murray not to go to France, before he received direct and unequivocal assurances from the French government, through its minister of exterior relations, that he would be received in character, have its privileges extended to him, and be met by another minister of equal rank, title, and power, to treat of, discuss, and conclude, all controversies between the two republics,"

assurances

Mr. Murray having been appointed, received the requisite —Judge Ellsworth and Gen. Davie, upon further assurances, being united with him, a treaty was made, in the course of the year 1800, which terminated existing hostilities: wherefore, the navy was reduced, and the army disbanded.

In the mean time, there had been several sea fights between the national ships of the two parties. The 9th of February, the Constellation, Captain Thomas Truxton, attacked and captured the L'Insergente, French frigate, of forty guns, and four hundred men-seventy of whom were killed and wounded; with the loss of one killed, and two badly wounded, on the side of the victors. The L'Insergente had previously taken the Retaliation, a ship of the United States.

The 20th of the month, Captain Barry of the frigate United States, engaged, and sunk a French privateer. These were but retaliations, which were succeeded by others; not within the scope of this history.

The attention of the people being much engaged with the approaching election, and their tempers somewhat mitigated, by the prospect of peace with France, were the less moved, by the enemies of the general government, who would still have irritated them.

The elections were made, of characters very similar to those who formed the first constitution; with the exchange of John Breckenridge, for George Nicholas.

Seventeen counties were represented-the new counties voting with the old ones, from which they had been taken; so as to make the requisite number of members.

On Monday, the 22d of July, the convention met in the state house at Frankfort; chose Alexander S. Bullitt, for their president; Thomas Todd for clerk-and adopted the rules of the late house of representatives, for its government: the next day, it took the constitution into its custody, and placed it under its examination-for better, or for worse. The proceedings were with open doors; and in all respects so similar to those of the legislature, that was it consistent with this history, ta notice the different propositions, or debates, but little that is either useful, or amusing, could be extracted from them. The result--the constitution itself, will be inserted.

Saturday, the 17th of August, the convention having made a new constitution, and provided for its taking place on the 1st day of June, 1800--prescribed an eight years' existence to the first, and then adjourned without day.

The following is the fruit of its labour:

"The Constitution, or form of government for the State of Kentucky.

"WE, the representatives of the people of the state of Kentucky, in convention assembled, to secure to all the citizens thereof, the enjoyment of the right of life, liberty, and property, and of pursuing happiness, do ordain and establish this constitution for its government.

ARTICLE I.-Concerning the distribution of the powers of the government.

"SEC. 1. The powers of the government of the state of Kentucky, shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legislative to one; those which are executive to another; and those which are judiciary to an other.

"2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted.