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though extending only to a part of those who had advised the ratification of the treaty—the republicans of the house, as they now styled themselves, did not choose to risk their popularity on their avowed principles; but relented, and passed the bill which they had before refused. This removed all difficulty. Andrew Ellicott, a distinguished mathematician of Philadelphia, was despatched by the president, as commissioner on the part of the United States, to ascertain the latitude of the line on the Mississippi, and to have it run, to receive the posts; and in fine, to execute the treaty with "pain. Why it was not promptly done in good faith, will appear in the transactions of 17?7.
In the mean time, there were really three parties in Kentucky, which deserve at least a description:
1st. The "American Party," the federalists, detached from all foreign interests and influence; their numbers however were but small, and so perfectly overrun and browbeaten, by the other two, as not only to be merely incapable of doing any thing; but deeming it prudent, and even necessary to bessilent; with a very few exceptions.
2d. The great "Jeffersonian Party," inclining to America, but hating England, and much attached to France; strongly sympathizing with their atlantic brethren of the same political sect, and much disposed to abuse the federalists—because among other things they did not resign the government, to their leaders. In the main, the great body of these, meaning well, but deluded—mistaking friends for foes, and foes for friends; right measures for wrong, and wrong for right; affectation for principles, and pretence for knowledge.
M. The "Spanish Party," a small, but persevering band, like moles working in the dark; joining the Jefferson faction, the more effectually to oppose the federalists, and to identify themselves with the infatuated multitude; who they were to have on their side, should they succeed. What hopes, and expectations had been defeated, by the public treaty with Spain! Had it not have taken place, Mr. Sebastian would have had one for them—and that would have been satisfacr tory to their minds, that the United State?, never desired to obtain the navigation of the Mississippi for the western people; while these meritorious patriots had.. Colonel INicholas, could have made it all as plain as a noonday sun. While every intelligent man of reflection, would have seen that this underhanded intrigue, and the expectation of Spain, that Kentucky would detach herself from the union on that account, had impeded the attainment of the object, for years.
Such was the situation of Kentucky as to parties: The general election was to take place in May. As it approached it excited considerable interest; every part of the legislative, and executive departments, were to be reorganized. The choice of electors, of governor, and senators, had become an object—the aristocracy of the senate was to be checked, extirpated, or overawed. The governor, though possessed of a negative upon bills, which no less a force than two-thirds of both houses, could overcome, had however, so used it, as not to alarm the democracy —and he was, as yet, no aristocrat.
General B. Logan, and James Garrard, Esq. perhaps, he should be styled, "Reverend'"—as he had recently been, or was then a preacher in the Baptist society; were the candidates, for the office of governor. Both were thought sufficiently democratic; and the votes were nearly equal; Garrard, was certified to be the governor. The first of June, he entered into the office, and chose for the secretary, Harry Touhnin, whobadbecna follower of Doctor Priestly in England, and recently a preacher, of the Unitarian sect. Hence they preached no more, but left the care of souls to others—and applied themselves to the more immediate duties of their respective offices; which they discharged to the general satisfaction.
At the November session of this year, which was opened as was the first, by Isaac Shelby; the governor, in person made the following communication, in substance:
"Gentlemen of the Senate and House of Representatives: "I cannot neglect this opportunity of expressing through, you to my fellow citizens in general, the grateful sense of obli
gation which I feel, for the expression of confidence, evinced in my election.
"Having no views, but such as embrace the good of the commonwealth; I enter into the duties of my office, with the hope that my unwearied diligence will enable me to fulfil the expectationof my constituents.
"With peculiar pleasure it is, that I call your attention to the present state of the country, contrasted with what it lately was, involved in war with a cruel foe, on all our borders—and now, "by the directions and exertions of the federal government, as the instrument of a wise and gracious providence, the blessings of peace, no longer in expectation, are in our enjoyment." Add to this, the increase of population; the extension of the settlements to the extremities of our territories; the flourishing state of agriculture; the increase of improvements; the establishment of manufactures; a year of the greatest plenty, in succession to one of the greatest scarcity, with the hopeful prospects opening to agricultural industry, and commercial enterprise, by means of the late treaty with Spain; which has opened the navigation of the Mississippi, and a port at Orleans, for us; objects long and ardently desired: and with this accumulation of blessings, extending our views to the security of our right* by means of our constitutions and laws, I might ask in the exultation of an American citizen, where is the nation, that hath greater reason to be thankful, contented, and happy?
"Thus fortunately circumstanced,our present situation seems peculiarly favourable to legislative deliberation; while it invites the attention to a calm review of the laws in force. Suffer me to refer you to some of them. The first to be mentioned; as directly affecting humanity, are those of the criminal.code; and the law respecting grand juries. Crimes of magnitude escape punishment, while those of a trivial nature are punished with an undue severity: And however this course of procedure may suit despotic governments, it derogates from the justice; and the honour, of a free and enlightened state.
"In relation to the adjustment of the boundary between Virginia and this state, the executive will want the aid of the legislature. Commissioners have been appointed by each state j yet the business, I am sorry to say, has not terminated so happily as was anticipated; owing to a disagreement between them in construing the law upon which they were to proceed. The commissioners' report on the subject will be laid before you.
"Gentlemen of the House of Representatives: The expenses incurred in the business of the commission, together with the compensations to those engaged, are yet to be provided for; on you it devolves to make such provision, which is respectfully recommended to your consideration.
"The general revenue laws of the state seem to require careful revision. The act establishing a permanent revenue, seem, to have undergone So many hasty alterations, that it has become so complex, and susceptible of so many constructions, that its operation is considerably impeded, and sometimes its effect defeated. While the collectors are authorized to collect the arrearages of 1792, and '93, it is doubted if the law will com. pel them to pay the money collected, into the public treasury: The attorney general says it will not. Another part of this law, subjects land not entered for taxation within a limited time, to be forfeited to the state. Can, or ought, such forfeiture injuriously affect the rights of others who have complied with the law? It may be a question, as to nonresidents, whether the forfeiture is not an infraction of the seventh article of the compact with Virginia? and if so, a violation of the constitution? These matters being deemed worthy of attention, are on that account presented to your view.
"Gentlemen of the Senate and of the'House of Representatives: The act authorizing the Governor to transmit certain papers to the secretary of the war department, &c. has been acted upon by my predecessor; measures were also taken to settle the accounts and receive the money: I have been officially informed that the claims were not allowed; on the ground that they had not been provided for by law, and that an application to congress was necessary. I shall lay the papers before you, and wait for instructions...%
"The Green River settlers, availing themselves of the act of last session, have paid about four thousand pounds into the public treasury for lands taken up. Those who have not paidjt have no doubt forfeited their claims to the state—but I do \?ery sincerely recommend them as proper subjects of legislative indulgence. / . .
"The auditor's statement exhibits a balance of more than eleven thousand pounds, in favour of the state. This is a subject on which I congratulate you; and at the same time take the liberty to express a hope that its disbursement, will be on objects of general utility.
"The act for transcribing certain entry books, has been complied with.
"The appointments to office, since last session, will be laid before the senate.
"Before I take my leave, permit me, fellow citizens, to assure you of my promptness to concur with you in the prosecution of every measure which will promote the further prosperity and happiness of the commonwealth, and secure those blessings of which Heaven has given us the possession."
This said, the governor retired, as did the representatives, and casual auditors; well pleased with the speech, though written, and read. In truth, it will be found on examination, to contain in a simple and perspicuous style, much useful and important information, of an historical, as well as legislative character; and of a pleasing nature in general.
In corroboration of what was said of the extension of the settlements &x. a number of new counties were created by acts of this session.
The first, was Bullitt, composed of parts of Jefferson and' Nelson counties; "beginning on Salt riyer opposite the mouth of Mill creek; thence a straight line to the Elk lick, near Mi-. Chapman's; thence a straight line to Floyd's fork, where the public road from Louisville to Bardstown crosses the same at Hickman's; thence a direct line to a point on the boundary line between Shelby county, and the said county of Jefferson, seven miles northwardly of the mouth of Plumb creek; thence with said line to Salt river, at the mouth of l'lumb creek; thence ,with a straight line to the mouth of the west fork of Coxc's creek; thence up the same to the head; thence to the nearest