and well dressed in the plundered clothes. Being in the usual file, and still pressing from the rear, when the front made a momentary halt, they were brought into view; but they no sooner discovered what awaited them, than they forthwith sprang from their horses, and took to their heels. They were pursued--and three of them killed-two by Captain Whitley; who scalped one of them: to atone for the nine they had taken at the camp; eight of which he retook. He also took from them, what was called a rich booty-consisting of twenty-eight horses-fifty pounds in tash-and a quantity of clothes, and household furniture: with these he returned..

In November, another party, of these men of the woods, killed two of the Sloane's, on the Rolling-fork of Salt river. And thus stood the very interesting concerns of Kentucky, under her immediate notice.

In the legislature, her application for a separation, was well received, in the main--but not without some caution, as to the time, manner, and terms, on which the new state was to get into existence, with the assent of congress..

[1786.] In January, 1786, the act passed, in favour of the proposed separation; the substance of which is extracted; and the instrument itself is inserted in the Appendix. (A.)

The preamble refers to the expressed desire of the good. people of the district of Kentucky, that the same should be erected into a separate state, and be formed into an independent member of the American union; and the general assembly judging that such a partition of the commonwealth, was rendered expedient by the remoteness of the more fertile, which must be the most populous part, of the said district, and by the interjacent natural impediments to a convenient and regular communication therewith. Wherefore,

Be it enacted, &c. That on the respective court days in August next ensuing, the free male inhabitants of the district, should elect representatives, to continue in appointment for one year, with the powers and for the purposes to be mentioned in the act--for Jefferson, five; for Nelson, five; for Fayette, five; for Bourbon, five; for Lincoln, five; for Madi

son, five; and for Mercer, five, representatives: the elections to continue for five days-and the persons elected, to meet in Danville on the fourth Monday of September following, and thence to proceed, two-thirds being assembled, to organize themselves as a convention, to settle proper rules, and by a majority of voices to determine whether it be expedient for, and the will of the good people of the district, that it should be erected into an independent state, on the terms and conditions following:

"1st. That the boundary between the proposed state, and the state of Virginia, shall remain the same as at present separates the district from the residue of the commonwealth.

"2d. That the proposed state shall take upon itself a just proportion of the public debt of this state.

"3d. That all private rights and interests in lands within the said district, derived from the laws of Virginia prior to such separation, shall remain valid and secure under the laws of the proposed state, and shall be determined by the laws now existing in this state.

"4th. That the lands within the proposed state, of nonresident proprietors, shall not in any case be taxed higher than the lands of residents at any time prior to the admission of the proposed state to a vote by its delegates in congress, where such non-residents reside out of the United States; nor at any time either before or after such admission, where such nonresidents reside within this commonwealth; within which this stipulation shall be reciprocal; or where such non-residents reside within any other of the United States which shall declare the same to be reciprocal within its limits; nor shall a neglect of cultivation or improvement of any land within either the proposed state, or this commonwealth, belonging to non-residents, citizens of the other, subject such non-resideris to forfeiture, or other penalty, within the term of six years after the admission of the said state into the federal union.

"5th. That no grant of land, nor land warrant, to be issued by the proposed state, shall interfere with any warrant heretofore

issued from the land office of Virginia, which shall be located on land within the said district now liable thereto, on or before the first day of September, 1788.

"6th. That the unlocated lands within the said distrist, which stand appropriated by the laws of this commonwealth to individuals or descriptions of individuals, for military, or other services, shall be exempt from the disposition of the proposed state, and shall remain subject to be disposed of by the commonwealth of Virginia according to such appropriation, until the first day of September, 1788, and no longer; and thereafter the residue of all lands remaining within the limits of the said district, shall be subject to the disposition of the proposed state.

·

"7th. That the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this commonwealth lies thereon, shall be free and common to the citizens of the United States, and the respective jurisdictions of this commonwealth, and of the proposed state, on the river as aforesaid, shall be concurrent only with the states which may possess the opposite shores of the said river.

"Sth. That in case any complaint or dispute shall at any time arise between the commonwealth of Virginia, and the district after it shall be an independent state, concerning the meaning or execution of the foregoing articles, the same shall be determined by six commissioners, of whom two shall be chosen by each of the parties, and the remainder by the commissioners so first appointed."

And if the convention should approve of the erection of the district into an independent state on the foregoing terms, they were to fix a day posterior, to the first of September, 1787; on which the authority of Virginia, and of her laws under the exceptions aforesaid, were to cease and determine forever, over the proposed state, and the articles as above set forth, were to become a solemn compact, mutually binding on the parties: Provided however, that prior to the first day of June,

1787, the United States in congress, should assent to the erection of the said district into an independent state, release the commonwealth from all its federal obligations arising therefrom, and agree, that the new state shall be admitted into the federal union.

And to the end that no period of anarchy might happen to the good people of the district, the convention aforesaid, was to take measures, for the election and meeting of another convention, to form a constitution of government, and to declare what laws should remain in force, so as to have effect on the day of separation; and upon condition it took place.

The act was to be transmitted to the Virginia delegates in congress; who were instructed to use their endeavours to obtain from congress a speedy act for the purpose, and to the effect, of admitting the new state into the union.

To the passage of the act, there was in reality no serious objection on the part of Virginia. She had foreseen that such an event must take place, in the progressive settlements of her western territory; and she had prudently provided for it, in her constitution of government.

It was already apprehended, that inconveniences began to be felt in the legislature, from the conduct of the Kentucky representation. In general, the members were men of cir cumscribed, moral and political views; confined in their legislative attention to local objects-almost incapable of entering into more enlarged views; and ready to throw themselves on all occasions upon the side of that partisan in legislation, who would favour their particular topical pretensions. They were moreover, forever asking for some new indulgence to land claimants, and clamorous if they did not obtain all they asked.

These dispositions, becoming more obvious before the separation actually took place, were by some men of observation and reflection, seen, felt, and regretted, as very serious evils in the state legislature.

The terms of separation, seem to be such as prudence suggested to liberality, and both combined to produce, for the

security of property, and the internal peace of the country. They are by no means out of the bounds marked by the con vention of May, of the preceding year; and as to that of August, it seems to have abandoned the idea of conditions, in the magnificent proposition of being at once acknowledged, SOVEREIGN AND INDEPENDENT. A thing, not quite safe for Virginia, or the union-and therefore, not permissible.

In Kentucky, the year had been ushered in, amidst discus sions on the subject of separation; nor were they allayed by the arrival of the act. It was completely at variance, with the ardour and impatience, observable in the convention, which applied for its passage. It placed the proposed separation at a distance sufficiently remote, to be viewed leisurely, on its approach. And it certainly had the effect, to warm some, if it cooled others; according to their different dispositions. The separation itself, was however, apparently placed on the will, and determination of the people, by their representatives, in convention; and that it might, if really desired, receive the most unrestrained sanction, every free man in the district, whatever his standing, qualities, or qualifications; without regard, to person, character, or property; was allowed, a vote for members to the convention. No doubt, it was in compliance with the expressed sense of the country, that Virginia, deviated, from her own principles, on a subject so important, as that of the right of suffrage: holding still to the rule, of equal representation by counties: So rare, is consistency.

By acts, passed at the same session, three new counties Bourbon, Madison, and Mercer-were to take place, in time, to be represented by their particular members, in the next convention. All that part of Fayette county, which lay "within a line beginning at the mouth of upper Howard's creek, on Kentucky river, running up the main fork thereof to the head; thence with the dividing ridge between Kentucky and Licking, until it comes opposite Eagle creek; from thence a direct line to the nearest part of Raven creek, a branch of Licking, and down Raven creek to the mouth thereof; thence with Licking, to the Ohio; thence with the Ohio to the mouth of Sandy creek,