The acts of this session will next be attended to, as far as it may be deemed expedient.

A new county was erected, to have effect from and after the first day of April, 1808, to be called ESTILL. "Beginning at the mouth of Drowning creek, thence up the same to the Red lick; from thence to the line of Clay county, at the head of the Horse Lick creek; thence with the same line to the Kentucky river; thence up the same to the Clarke and Montgomery county line; thence with the same to Red river; thence down Red river to the Kentucky; and up the same to the beginning."

"An act fixing the ratio, and apportioning the representation for the next four years," fixed the first at seven hundred qualified voters, and the last at seventy representatives, for the whole state; distributed as follows, viz:

"From the county of Adair, one representative; from the county of Barren, two; from the counties of Boone and Gallatin, one; from the county of Bracken, one; from the county of Breckenridge, one; from the county of Bullitt, one; from the county of Bourbon, three; from the counties of Campbell and Pendleton, one; from the county of Cumberland, one; from the county of Clarke, two; from the county of Casey, one; from the county of Christian, two; from the counties of Clay and Floyd, one; from the county of Fleming, two; from the county of Franklin, one; from the county of Fayette, three; from the county of Garrard, two; from the county of Greene, one; from the counties of Greenup and Lewis, one; from the counties of Henderson and Hopkins, one; from the county of Henry, one; from the county of Hardin, two; from the county of Harrison, one; from the county of Jefferson, two; from the county of Jessamine, one; from the county of Knox, one; from the county of Logan, two; from the county of Livingston, one; from the county of Lincoln, two; from the county of Madison, three; from the county of Montgomery, two; from the county of Mason, two; from the county of Mercer, two; from the county of Muhlenberg, one; from the county of Nelson, three; from the county of Nicholas, one; from the county of Ohio, one;

from the county of Pulaski, one; from the county of Shelby, three; from the county of Scott, two; from the county of Woodford, two; from the county of Wayne, one; from the county of Washington, two; from the county of Warren, two." The Paris Library company was incorporated.

An act to prohibit the reading reports of cases decided in Great Britain since the 4th of July, 1776, as authority in the courts, passed at this session.

It having been enacted, 1306, that the annual meeting of the general assembly should be on the fourth Monday of December, an act was passed to repeal that, and to fix on the second Monday in the same month, for its annual meeting.

An act of this session, limited the time within which coloured people claiming their freedom, under Pennsylvania or Virginia laws, to two years from the passage of the act: providing for renewal in case of nonsuit, &c.

The court of appeals were authorized to procure reports of their decisions, where they were thought useful, and to certify what would be a reasonable allowance to be paid for them.

"An act to prevent the future migration of free negroes and mulattoes to this state," was the offspring of this year.

The act was to operate on all persons of the above description, who should come into the state after the first of May, .1808. Jurisdiction was given to arrest such persons, to require each to enter into recognisance of five hundred dollars, to appear at the next county court, and in case of failure, to commit the delinquent until court: the court to examine, and if they find the party has come contrary to the law, they are to require recognisance in five hundred dollars, conditioned to depart the state within twenty days, never more to return. In each case of a recognisance, one or more good securities were required: that is to say, an impossibility. Who would be security for a poor outcast-a stranger--an exile? But such is the fate of men not represented in a majority of law makers, often regardless of the rights of others, and even of the first principles of humanity.

These were acknowledged free people-disregarding both age and sex. What then, is it to be a free man? And how

does this act of proscription comport with christian principles? with those which permit émancipation? or which estimate men according to their moral habits, and impute to each, without regard to complexion, innocence, until guilt is made appear? Civil proceedings in court were regulated: the clerks ordered to set the chancery causes at the end of the common law docket; and this operation being performed previous to every term, successively gave every new common law case, whatever its insignificance, a constant preference of the chancery cases, be their age or importance whatever they might. But if the court had nothing else to do, they might try a suit in chancery,

It had been doubted whether justices of the peace could take jurisdiction of balances due on bonds or notes, for larger, sums, where the balance was reduced to less than five pounds. An act of this year settled the doubt in favour of the jurisdiction.

A hemp mill company in Madison county, was incorporated. The preamble recites that a company had been formed for the purpose of spinning hemp and flax by machinery moved by water, that they met with many difficulties in the execution of the project, and prayed to be incorporated, as a means of relief. It is however believed, that if there is not a radical defect in the plan, the corporate powers of the company, have not been able to ensure it success: money and good management might. There were about one dozen divorces authorized by acts of this session-for the usual complaints, desertion, &c.

Various other species of relief, apparently upon less justifiable grounds, and without a jury to find the facts, as in divorce cases, were granted by acts of this session.

In order to avoid the inconvenience of an empty treasury should the fact occur, as sometimes it did, the bank was authorized to take up audited warrants, to charge six per cent on the amount; which the treasurer was required to liquidate, and.. withdraw, as fast as money came to his hands. Thus was public credit preserved, in a way agreeable to all parties, and as it is believed, perfectly constitutional; whatever may be said of its economy. It being much doubted whether an agricul tural community, can with any more propricty pay six per cent

upon its revenue for annual expenditure, than the farmers of the lands can pay a like interest upon money to keep up their farms.

The revenue upon the turn of the year, is not thought to have been very deficient-the auditor's warrants of this year, are stated at one hundred and ninety-nine thousand, some hundred dollars-the receipts of revenue not seen.

CHAP. XI.

James Madison offers for the Presidency-Charles Scott chosen Governor-number of Militia-Legislative proceedings-Mr. Madison elected President-affairs of the United States involved in difficulties-seizure on part of West Florida-non-intercourse-Commodore Rogers attacks the Little Belt-Madisonian project for liberating commerce from British orders, and French decrees; which terminates in war, with the assistance of General Harrison, and a Kentucky intrigue-intervening Legislative proceedings, &c. &c.

[1808.] It was announced as early as February of this year, that James Madison, a citizen rendered illustrious by his various displays of talents and patriotism, was a candidate for the office of president of the United States. An opposition from Mr. Monroe, another citizen, also highly distinguished, was for some time apprehended: but it is believed, the rivals, who had manifested some feeling towards each other, were reconciled by means of Mr. Jefferson, their common friend; all Virginians.

A governor for Kentucky, was to be elected at the ensuing August polls. The candidates were, General Charles Scott, and John Allin, Esquire; whose names have been mentioned in this history. In point of qualification, and political fitness, of the two, had it not been for a suspicion, imbibed from Mr. Allin's conduct in relation to Sebastian and Burr, there should have been no doubt of Mr. Allin's superiority.

A more amiable man has rarely lived-while it is believed, his very amiability misled him. With Sebastian, he had been in habits of intimacy; as he had with Judge Innis, and with General Adair: with Colonel Burr, it is thought, his intercourse was but very slight. No candid man of intelligence, thought him participient with either. But if he could not, or would not, see the offences of those against whom so much appeared, he was clearly unfit to be governor; nevertheless, he received a large suffrage; but the majority of General

VOL. II.

K**