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therefore, were they addressed to one who acted on his own convictions, without interposing calculations of popularity, in the line of his understanding of his duty, and how to discharge it.

The ratification of the treaty, was indeed a sore blow to the French faction throughout the United States; and to both that and the Spanish intrigue, in Kentucky. Where, exasperated against their senator, his colleage Mr. Brown, even thought himself justified in saying, publicly, in the idiom of the nation he then subserved, that "he ought to be decapitated."

To counteract the enthusiasm, folly, and misrepresentations which circulated in newspapers, for there were then two in Lexington, the offending senator wrote a series of explanations of the treaty, in a style both decorous and temperate, which he signed with his own name, and offered to be printed, as articles of useful public intelligence; but which were refused publication by one editor: the other agreeing, on application, to print them, if he was paid; and actually charged, and was paid for printing them, as for articles of a private nature.

The treaty being ratified by the president, to prevent which the most strenuous efforts were made; the next thing with the faction, was to commit the good faith of the nation, by inducing a refusal on the part of congress, to appropriate money, to carry it into execution. In this, they were also de feated, as will hereafter appear.

In the mean time, the course of Kentucky legislation will be resumed.

There having been some controversy about the privileges of the houses of the legislature, of a highly important kind, it was deemed expedient at this session to adjust it by positive law. The main question was, whether each branch of the general assembly possessed the right by its own resolution to compel the attendance of persons, the production of papers, &c. Which being asserted on the one side as a right inherent in the body, was denied on the other. In support of the negative, it was said, or might have been said, that ours is a government of law; that if the legislative branches have privileges, so have

the citizens; that when they come into contact, the law alorre must decide between them; that nothing but the acts recog nised by, or emanated from, the constitution in the manner prescribed thereby, as the supreme law, can bind the freemen of this commonwealth to obedience; that the power of making laws does not reside in either branch of the legislature, but in the two, acting concurrently; that were not this the case, we have two legislatures instead of one, either of which could pass acts to bind the citizens, and thus deprive them of the benefits expected to be derived from a division of the legislative body, and of the reciprocal negative bestowed on each as checks on the improper projects of the other; that in fine, the two houses might pass contradictory resolutions, implying an absurdity in legislation.

These, or other reasons, were satisfactory to a majority; and a well digested act passed in conformity to them: which remains unaltered.

Franklin academy was authorized by an act of this session. This institution was located in the town of Washington, Mason county. It looked to private patronage for its support: that not having been liberal, it languishes.

"An act to establish district courts," may be considered as growing out of the abolition of the original jurisdiction of the court of appeals. The act established six district courts: to be holden at Bardstown, Frankfort, Washington, Paris, Lexington and Danville. Among which the several counties of the commonwealth, were divided. These courts were invested with the original jurisdiction of the court of appeals, the jurisdiction of the court of oyer and terminer, and concurrent jurisdiction in many cases with the courts of quarter sessions. Six judges were to be appointed: any two of whom, agreeably to an allotment annually among themselves, were to hold a term, spring and fall, in each district. All powers deemed requisite, were given to them. The details of which fill twentytwo pages of close print in large octavo.

This act was amended in the next session, and besides erect

ing a general court to be held by some three of the same judges twice a year in Frankfort, the subject matters of their jurisdiction was distributed into four new acts: one to regulate the proceedings at common law; a second, to prescribe rules for chancery proceedings; a third, arranging the method of conducting criminal prosecutions; and the fourth, relative to proceedings against absent defendants in the courts of chancery: leaving nevertheless, various parts of the original act in forc.

At the January session 1798, another act was passed "to reduce into one the several acts concerning district courts in this commonwealth:" And this amendatory act was itself amended in the November session of the same year. To enter into par ticulars, would be labour lost; as no utility could result from the detail. The facts stated, will evince the incautious and de fective manner with which the most important laws, those rela tive to the courts and the administration of justice, were com posed and passed; or else a restlessness, and love of change, incident to mankind in certain circumstances, and characte ristic of the ruling power, in the government. To close these remarks, suffice it to say, and this is said on account of the connexion in the subject, that in the winter session 1802, both the district and quarter session courts were abolished; and circuit courts established, in their stead: without the least regard to the judges of the annihilated courts; who like those of the court of oyer and terminer, were thus put out of office: their commissions during good behaviour, to the contrary notwithstanding. But more of these subjects hereafter.

Among the acts of 1795, one authorizing arbitrations should not pass unnoticed. This act gave persons having any controversy, a right to nominate others as arbitrators, and to make a statement of their case in writing; which they might present to any court of record, where the whole was to be entered; and the clerk ordered to certify it to the persons named as arbitrators; who were hence authorized to subpoena witnesses to attend them, which process was to be executed by the sheriff, or a constable. The arbitrators were to be sworn, to decide the matters submitted to them, according to law and equity.

They were required to furnish each party with a copy of their decision, return another to the court, which was to be recorded, and put a final end to the controversy: subject to an appeal for partiality, or corruption.

These arbitrators were allowed nine shillings per day, while attending on the business; being also charged to do it with despatch.

Thus was introduced into the judicial department, an irres sponsible tribunal; and thus by a side wind, and under the specious pretence of expediting and cheapening the administration of justice, was the trial by jury dispensed with; and a door thrown open by law, for every species of irregularity. That persons who chose to do so, could call in arbitrators, or umpires, to settle their controversies, was never questioned, any more than that they could settle them without either. This was a right not derived from the constitution, nor put under its prohibition or control. But the constitution had vested the judicial power of the government in courts, whose judges were to be commissioned during good behaviour, and rendered amenable for their conduct, &c. Did these arbitrating courts fulfil the provisions of the constitution? Certainly not: although in the subsequent constitution, a clause is found, which authorizes such an anomaly.

It being represented to this assembly, that different persons holding land warrants from the state of Virginia, were encroaching on the territorial rights of this state, by making surveys within the same, under colour of such warrants; it was therefore judged expedient, in order to put an end to the intrusion, to ascertain and fix the line of the Cumberland mountain, about which there remained some uncertainty, and where the mischief was supposed to exist: to this end an act was passed, authorizing the governor to open a correspondence with the governor of Virginia on the subject; and if he thought it necessary, to appoint three commissioners-and do whatever else was deemed proper, to fix and establish the line of boundary between the two states, permanently. This correspondence being accordingly commenced, was reciprocated by the gover

bor of Virginia, and three commissioners appointed on each side, namely: Archibald Stewart, Joseph Martin, and Creed Taylor, on the part of Virginia; on that of Kentucky, John Coburn, Robert Johnson, and Buckner Thruston; who having made several previous attempts, which proved abortive, met in the month of October, 1799, and concluded a convention at the forks of Great Sandy river; which was subsequently ratified by their respective states: whereby the line between the two, was determined, and run from the boundary line of North Carolina, then Tennessee, along the top of Cumberland mountain, northeastwardly, keeping the highest part of the mountain, between the head waters of Cumberland and the Kentucky rivers, on the west side thereof, and the head waters of Powell's river, Guest's river, and the Pond fork of Sandy, on the east side thereof; continuing along the top of said mountain, crossing the road leading over the same, at the Little Paint gap, where, by some, it is called the Hollow mountain, and where it terminates at the west fork of Sandy, commonly called Russell's fork; thence with a line to be run north forty-five east, until it intersects the other great, and principal branch of Sandy, commonly called the northeastwardly branch; thence down the same to its junction with the main west branch; and down Main Sandy to its coufluence with the Ohio. It was also further agreed, in order to quiet the claims to lands, on the one side and the other, "that all entries made in the surveyors' offices of either state, should be as valid as if made within the state owning the lands." Thus was put to rest, this delicate subject of state boundary, so far as it could be, without the sanction of congress-which if it was asked, has been obtained; and if not asked, should yet be done, without further delay. Should it ever be necessary to fortify this boundary, the possession of the gaps will be a primary object. May that time be distant.

The vacant lands of the commonwealth, south of Green river, were taken into consideration, and an act passed to dis pose of them, at this session. This became the basis of a new system of legislation, somewhat singular in its character; and

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