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No comment can make these resolves, more conspicuous. For where there was no guile, there was no use for ambiguity. While the singleness of the heart is seen in the transparency of the expressions.

But it is worthy of remark, that this convention recognised, and sanctioned, by an unanimous vote, the principle, for future practice, of EQUAL REPRESENTATION BY NUMBERS, contrary to the constitution of Virginia; whose representation, was by counties, without regard to population, or extent.

This principle, of equal representation by numbers, without regard to property, was recommended in theory, as essential in a form of government which proclaimed an equality of rights, as that of Virginia, itself-and in practice, by the example of several states, who had realized it; although Virginia had not conformed her practice, to her theory.

It has been doubted by able politicians, whether in reality the application of this equalising principle, to bare numbers, has been attended with any perceptible advantage, over other forms of government, which give to precise districts, of unequal population, an equal representation.

It however, required no lengthy investigation to conduct the convention to the conclusion which it adopted. Its own numbers, had been determined by a tacit assumsit of the principle, now explicitly avowed. It was the popular principle. And had the members possessed less desire for personal popularity, yet they were in favour of separation; and knew that to effect it, they must have the people on their side. The ardour of their patriotism need not be doubted; nor the motive for the unanimity of their resolution, called in question, in a case which so completely united the feelings of the man, with that of the politician.

Besides, had the convention possessed less political sagacity than it did, it would have been led to the same result, by the operation, of mere instinct, and every day's observation. For history will perpetuate, what recollection attests, that such had been the condition of the country, such the state of society, and such the habits of the people, that the constitution of the

state, had been completely superseded in elections to the legis lature, as to the qualification of voters; by all voting, whether they had property, or not. And none would question an equal right, in any given number, to choose their representative— when the equal right in each man to vote, was admitted, and no longer denied.

The resolution of the convention, which has been made the subject of remark, was then a creature of local circumstances, and matters of fact at the time, rather than the result of any. political sagacity. It was for the times and occasions near at hand, rather than for those in future, and distant. It was for a state of equality. For if equality ever existed in a civilized society, it was in those early periods of the settlement of Kentucky-when danger, the mode of living, and other circumstances, common to all-had placed all, on a common level. In such a community, entering into a political state, their equality, would of course, form the basis of their constitution. And for reasons perfectly analogical, and equally conclusive, when circumstances of inequality occurred, that were permanent in their nature; the constitution should conform to them. But if it should not, the reasons which would be opposed to it, to be solid, must take their foothold on some other ground. Which may hereafter, though at present can not, be explored.

The convention, having adopted the new principle of representation, proceeded to apportion the number of representatives, to be chosen from each county, to the next convention: and in this, they found their information deficient; and the principle subject to some misapplication. But perseverance, conquers difficulties; as courage, does assailants-by beating

them down.

No regular census had yet been taken--for Virginia contented with having many people, cared not for the number in each couuty, nor in the state; nor had the enumerating government of the United States, yet been formed. But by means of tithe lists, and muster rolls, the number of the males in each county, could be ascertained, with tolerable accuracy; and the recollection of magistrates, and militia officers, who were

members, furnished the data, on which the apportionment was made. For the county of Jefferson, six; for the county of Nelson, six; for the county of Lincoln, ten; for the county of Fayette, eight. To thirty representatives, was the final question of separation, as it was then supposed, to be submitted. These were to be chosen by the freemen, in each county, in the numbers just mentioned, on the respective court days in the month of July, then ensuing; to meet in convention, at Danville, on the second Monday of the succeeding August.

These arrangements being executed, there were two others, no less important, which had claimed an equal attention; and of which disposition was yet to be made. The one, was a memorial and petition to the legislature-the other, an address to their constituents.

These will be subjects for the next chapter.

CHAP. X.

Convention addresses the General Assembly, and the peopleNew Convention elected, and assembled-give an expose of the situation of the country, in various papers-Indian hostilities repeated-First act of separation passed, &c.

[1785.] THE Convention of May, 1785, of which some further account is to be given, assimilating no doubt, the business before them, to the separation of the colonies from Great Britain; and attaching to it almost an equal degree of importance; determined to proceed with great caution, and equal moderation. In this spirit of prudence, and self humiliation, they suspend the petition which was prepared for the legislature, and recommend it to the people of the district, to choose representatives, to meet in another convention, for the purpose of revising their proceedings; and of taking such other measures as should be necessary; as already noticed.

Yet, as the petition was predicated upon a view of the district, taken by a former convention, and recognised by themselves; and gives such reasons for the proposed change, as were thought necessary to be presented to the legislature; as well as the mode of expressing them, it is inserted—as follows:

"To the honourable the General Assembly of Virginia.

"The petition of a convention of the inhabitants of the district of Kentucky, begun, and held at Danville, in Lincoln county, on Monday, the twenty-third day of May, 1785humbly sheweth:

"That your petitioners having been deputed by the people, pursuant to the recommendation of a late convention, to take into consideration the propriety and expediency of making application to the legislature for having the district established into a separate state, to be taken into union with the United States; (as also the several grievances stated by that convention; and to adopt such other measures thereon, and whatever

cise might come before them, as should appear most conducive to i's interests;) are unanimously of opinion-that the remote situation of the district from the seat of government, together with sundry other inconveniences, subject the good people thereof to a number of grievances too pressing to be longer borne, and which cannot be remedied whilst the district continues a part of the state of Virginia; conceiving it to be not only the privilege, but the duty of all men to seek happiness by entering into any form of civil society, not injurious to others, that they may judge most conducive to this great end: at the same time being anxiously desirous to cultivate the most per fect harmony with our brethren in the other parts of the state, and when we are under the necessity of being separated from the parent, whose fostering hand, we gratefully acknowledge, has formerly been extended to our infant settlements; wishing nothing more devoutly, than that her blessing may ever attend us: Therefore we are induced to pray, that, agreeable to the provisional clause in the constitution, the district of Kentucky may be established into a separate and independent state, to be known by the name of the Commonwealth of Kentucky; which we wish to take place under the following regulations, to wit:

"That as soon as may be after the said state is established, a convention be authorized to assemble, and adopt, a constitution and form of government; that the several acts of assembly which may be in force at the time of separation, together with the common law of England, all statutes, or acts of parliament made in aid of the common law, prior to the fourth year of James I., which are of a general nature, not local to that kingdom, nor repealed nor altered by the legislature of Virginia continue to be the rule of decision; and be considered in full force, so far as they are applicable to the district, until the same shall be altered by the legislative power of the commonwealth of Kentucky; and that as soon as conveniently may be, after the district is established into a state, an equal number of commissioners from Virginia and the said state, be appointed G*

VOL. I.

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