tion of the legislature; but reserves the Supreme court, with its judges, as independent of ordinary authority.

The law establishing a United States' Circuit court for Kentucky was repealed; and Judge M'Clung was also repealed out of office, in company with his judicial brethren.

Although distinct Circuit courts may have been premature at the time of their creation; yet, as a system, it has since been urgently called for, particularly in the western country. It was, however, a most unhappy and illiberal course of policy, to pass so radical a change in the fundamental organization of the government; at the close of an administration, which had incurred the national displeasure. This was aggravated by filling all the vacancies with members of the defeated party. If, then, the judiciary repeal were a violation of the constitution of the United States, the federal party may well be said to have provoked it, by their most unwarrantable and ill judged conduct.

It ought to be mentioned in this connection, that the opinion of one of the greatest jurists* in the United States, though not. expressly announced, carries every implication, and supports every argument, against the legislative power over the offices of the judiciary when once established.

The repeal of the internal taxes relieved our interior agricultural country, ill able to command specie, from much irritating interference of excise officers; whose salaries in an extensive country like this Union, form a great drawback from the product of such taxes to the national treasury, and contributed much, to augment the patronage and influence of the Federal Executive. In thus relinquishing the favorite spoils of most popular favorites, Mr. Jefferson showed a magnanimity, and a disinterestedness, worthy of the highest commendation. Executive power requires to be sleeplessly watched.

The introduction of banking into this agricultural State, next calls for attention; a system of legislation, which, as it has been pursued, has been productive of the most fearful mischiefs; and no where more deplorably, than in this State.

Judge Story, in his most dignified and able Commentary on the Constitution of the United States, sections 831, 832.

Yet it was at first smuggled into Kentucky, and by a fraud upon her legislative understanding, it was foisted into the Commonwealth. An application was made to the legislature to incorporate an insurance company, for the purpose of insuring the produce of the State, on its passage to market, through the long and perilous channels of the western rivers, the petition was readily granted. But in the charter of incorporation, the company was authorized "to take and give bills, bonds, and obligations, in the course of their business; also to receive and pass them by assignment; and such of the notes as are payable to bearer, shall be negotiable and assignable by delivery." Under this pregnant clause, the bills issued by the company were made payable to bearer; and they became tantamount to bank bills. Thus indirectly was a bank forced upon our legislators, who, at that day, partook of the dread and antipathy to such monied instruments, which then particularly characterized the statesmen of Virginia. Too soon indeed for the solid and durable prosperity of both Kentucky and Virginia, they forgot these prepossessions.

This surreptitious bank was chartered until 1818, during which time it enjoyed the monstrous monopoly of insurance under the authority of Kentucky, without any equivalent to the State for the surrender of its legislative discretion. The fate of this institution, which may as well be recorded at once, was worthy of its birth; it began in fraud and ended in bankruptcy.

At this session took place the third radical change in the ordinary courts of the State. The District courts and the General court were abolished; and Circuit courts for each county were established in their place. The judges of the former, like the Quarter Session justices, and the judges of the court of Oyer and Terminer, of a former period, acquiesced in following the fate of their courts. To each of the Circuit judges were added two assistants, not learned in the law. The convenience of bringing the administration of justice home to every man's county, reconciled the people to this alteration; but the retention of the assistants unlearned in the law, was

found, in so many instances, to impede the progress of business by producing conflictis with the presiding judge, in overruling or re-arguing his decisions, that the judicial assistants were, at length, most usefully abolished.

On no subject of legislation have the people of Kentucky suffered more egregiously, than in the organization of their courts. The inadequacy of judicial salary has kept the judges not only below the professional compensation of the bar; but in all the wealthy counties, below the compensation of their own clerks. For the purposes of emolument, the clerkships of the courts are greatly more valuable than the salaries of the judges; and are more anxiously sought after, as objects of ambition. When shall the community feel as it ought to feel on this vital subject of government, that the administration of the law must depend upon the character of its administrators? The sublimest conceptions of the wisest and most benevolent legislators will be misapplied, in folly and injustice; when ignorance and incapacity are called to put them in force. If the people of Kentucky desire to have justice administered in all the light of learning and wisdom, amid their too abundant matter of litigation, they must pay the price for these high and rare endowments, which society has placed upon them in other situations; the same price which is put upon these qualities, when exercised for the public service at the bar, or in any other arduous walk of life, must be given by the government. When, as in England, and in many of the elder States, the Bench shall have been made an object of honorable ambition, and a full equivalent for high and lucrative practice; then the judges will be where they ought to stand, at the head of the profession; and the masters, and not as they too often have been, the puppets of influential lawyers. Then the liberties and the property of society will, with legislative respect for the independence of the courts, be placed on a footing worthy of a free and enlightened Commonwealth.

In confirmation of these remarks, the author will subjoin the following expressive picture of judicial administration under

the first organization of the circuit courts, now however, most essentially amended.

"The practice which ensued under this system, had the effect to retard business, and in other respects proved pernicious. If the knowing judge happened to desire to rule his right and left hand man, and they were willing to be ruled, they sanctioned his opinions, and matters went on smoothly, tardy as might be their pace-it was rather, however, the cause of despatch. But when the assistants conceited they knew as much, or more, than their president, they were commonly refractory, and kept him in check: he being in general a resident in town, or an itinerant on his circuit, or a lodger in town, where the court was held, could attend early, or late; while his brother judges, residing in most cases in the country, remained at home for breakfast; then came to town, put up their horses at the tavern, took a round of smoking or chatting; then to court; and if any thing had been done, were ready to rehear, and confirm, or reverse it. For it is to be remembered, that the presiding, or "circuit judge," could hold court in the absence of his assistants; subject, nevertheless, to have every thing he did undone by them: and which soon taught him to do nothing when they were away, unless he had previously obtained the control over one of them at least.

"And they, sure of their two dollars a day, if their names were entered on the minute book, took special care to have each, his own, entered at some time in the day. In the long days they did more—but again and again, has the court adjourned to dinner, before a single jury cause was opened; and probably, a common case, occupied the day. In the populous counties, such was the accumulation of business, and the tardiness of proceedings, that causes were years on the docket, which, in a correct course of adjudication should have been tried at the term next after the process was returned executed. Thus suitors were compelled to attend from term to term, and from day to day, during each term for years, before they could obtain a trial at law: while the complainant in chancery was still more unfortunate, although in general, the suits being

about land titles, were the most important: and demanding the first attention, were put off to the last. A single statement of a common fact, will illustrate this narrative. In these large counties the courts, for years did not clear their dockets; while it often happened, that the causes set for the first day, were not finished for two or three days; and one set for the third, might be taken up the sixth day, &c. &c.: the parties and witnesses bound the while to attendance.

"Thus have the people of Kentucky been compelled to sue for, seek after justice; and wait upon courts, often changed, inadequately filled, and frequently unnecessarily dilatory, at an expense and loss of time, which few other people could have afforded; and fewer still, it is probable, would have borne without ascertaining the cause and correcting it, in this legislation; the ostensible source of the evil."

CHAPTER XVIII.

Suspension of Deposite at New Orleans-Cession of Louisiana to France-Louisiana Negotiation-Cession to the United States-Newspaper Reports of Adjudications in the Court of Appeals-Second_Election of President Jefferson-Colonel Burr-Spanish Difficulties on the Sabine-Return of Burr to the West-Trials--Apprehension---Sebastian's Spanish Pension---Judge Innes---President Madison-Governor Scott--Foreign Depredations---Embargo---Replevy---Battle of Tippecanoe---Death of Daviess.

In the course of 1802, the tranquillity of the whole western country was greatly disturbed by the suspension of the right of deposite for American trade at New Orleans, which had been stipulated by Spain, in the treaty of 1795, for three years. At the same time, she bound herself to furnish some "equivalent establishment on another part of the banks of the Mississippi," should that at New Orleans, on the expiration of the three years, be withheld. This act of the Spanish Intendant, Morales, at New Orleans, and violation of treaty on so sensitive a subject, as the navigation of the Mississippi, produced the highest indignation throughout the United States; but in the western country, the public mind, in the language of Mr. Jefferson's letter to Mr. Monroe, was thrown into a fever