mit, or enable, them to be; with the above constitutional decla ration, it is believed, that the salary of a judge, once "fixed by law," is no longer contingent; or alterable, even by the legislative body. For if it were not fixed, which means certain, stable, permanent, not variable, when "fixed by law;" there would be no effective operation resulting from the constitution; and the judge would be left as open, and as much exposed, to the influence of the legislature, as if the constitution had been wholly silent on the subject. But, because the constitution is not silent; has spoken, and conveys a plain meaning, it is therefore to have effect. And that effect, to be genuine, puts the salary of each judge, when once "fixed by law," out of the law making power, forever after, as long as the judge remains in office; it is not to be diminished-neither can it be increased: Such is the import of the word "fixed," in the constitution.

How far a judge can be rendered responsible for neglecting his duty, as a failure to attend, and hold court, would be; is quite another question: the solution of which, presents no difficulty; as, most undoubtedly, it forms one branch of bad behaviour; and hence opposed to "good behaviour," might be a good cause of removal from office.

The court of appeals, by an act of this session, to hold three terms in each year.

Trustees of academies, seminaries, and county courts, having charge of lands, for literary purposes, were authorized to divert one-eighth, in each case, from the objects of former appropriations, and to apply it to others, as they might think best calculated to promote the interest of those several institutions.

Seventy-six acts were passed at this session; without furnishing, it is believed, any new character of improvement, or deterioration. The constitution was new; but the people had undergone no material change, in point of intelligence, principle, or practice. The same spirit of legislation seemed to prevail now, as formerly: the new acts, were but imitations of the old ones: nor did the constitution, appear to afford any restraint,

to those who would not be restrained by that which had been thrown away.

Thus, without mentioning an act giving further time to return plats, &c. we have seen the constitution violated, in the case of the judges-besides, that among the seventy-six acts of the session, there were some of a private nature, affecting the rights of property; sundries, for relief, of various kinds; and one, for a divorce, on a jury's finding the facts charged.

[1301.] It was now ascertained, that Mr. Jefferson, and Mr. Burr, had the majority of electoral votes, for president, and vice president, of the United States, over Mr. Adams, and Mr. Pinkney, the federal candidates. The votes stood at seventy-three, for the two first named; and for the two latter, sixtyfive, sixty-four; Mr. Adams, having the preference: a precaution which had not been observed on the other side; in consequence of which, the two highest on the list of votes, being tied, were placed before the house of representatives, for choice, in a portentous, and, as it turned out, awful balance of power, if not of intrigue and corruption. Of the two equals, with their party, the federalists, preferred Burr, and voted for him: whence no election was made, for many days; the country thus inducing, an eventful, and momentous, crisis. It might be modesty, or it might be patriotism; but certainly, it was mistaken policy, in Mr. Burr, at the time, to make avowals, and to pursue a course, which private arrangements, might require; but which public facts, did not demand. The anti-federalists, his own partisans, had presented him to the American nation, and held him up to the world, as the equal of Mr. Jefferson: with the federalists, who were in no manner bound by the party arrangements, or secret understandings, of their adversaries; it was but a choice of evils-they considered Burr as president, the least of the two; and in voting for him, followed the plain dictate of judgment. They thought him, in point of talents, equal to Mr. Jefferson; possessed of more firmness, more fairness, more honour; less devoted to France--consequently more American, than that gentleman; while each of these, were justifiable grounds of preference. It was perfectly anticipa

ted, that should Mr. Jefferson become the president of the United States, that his enmity to the constitution, and still more to its administration, by, and in conjunction with President Washington, his party spirit, his personal ambition, his prepossessions for French policy, and Frenchmen, would induce him, as fast as plausible opportunities occurred, to change the previously established system of administration; even in principle, where he dared; but in name, and appearance, wherever his ingenuity might suggest, and his duplicity, and influence, enable him to effect, such purpose. It was, therefore, not without a struggle, they opposed his election; it was not without reluctance, they were bound to acquiesce in it; which, however, they did-scourge, as it proved to them, and the country. But this is a theme for the historian of the United States.

The success of Mr. Jefferson, was the success of the party, which had ever been opposed to the adoption, and administration, of the constitution of the United States; however at times it might have been awed into silence, on the termination of an insurrection, or the detected treachery, of some of its leaders.

The result of the recent election, had furnished a subject for general jubilee; which was demonstrated in Kentucky, by feasting, toasting, singing, and dancing; on the first proof of the electoral vote-thus, celebrated in Frankfort, 3d of February, 1801, by the following, among other toasts:

"Thomas Jefferson, and Aaron Burr; the president, and vice president, elect.”

"The United States: May their republican government endure while the earth revolves on its axis."

The 4th of March succeeding, the new president, was installed, if the term is allowable; and delivered a speech, to a crowded audience, of both parties-whom, it would appear, he desired to please; and certainly might have deceived, had not his character been known. It was in this address, that he talked of brethren of the same family, of the rights of the minority; and so pathetically exclaimed, "We are all republicans, we are all federalists!"

The United States, had, previous to this period, encountered, and surmounted, many and various difficulties, and perils; some, of the most grave, others, of the most menacing, aspect. The purity of her principles, and the wisdom of her policy, had borne her, triumphantly, through every storm, and every assault--so that, even Mr. Jefferson, is a witness, that her twelve years' existence, had proved a successful experiment in the cause of liberty, and free government. She had, in the course of this time, terminated her wars, and adjusted her differences, by beneficial treaties, with all the nations, great and small, with whom she had been at variance; Tripoli excepted-she had disbanded her temporary army, and dismissed, sold, or dismantled, her supernumerary ships-she had drawn order, out of chaos; and substituted repletion, for atrophy, in the revenue department; always, of delicate, and difficult, management—— she had established public credit, on a firm basis; and for national good faith, vied with the most faithful-she was at PEACE with the world, and respected throughout the nations of the earth; when, as if Mr. Jefferson, had, honestly, and voluntarily, contributed, to produce such a state of things, he, who had been distinguished, and who grounded his merit, with his party, and with France, and Frenchmen, upon his opposition to Washington, and those efficient men, who aided and supported him, and his immediate successor, in placing their country, in so eligible a situation; was made their successor;-and readily availed himself of his official power, and influence, to strip his predecessors, and to cover himself, with their robes of honour. Such, among other things, are the effects of revolutions, in popular majorities.

It would not be useless were it practicable, to estimate the individual changes of party, or opinion, whereby the "federalists," lost-the "anti-federalists" gained, the majority of electoral votes. One conjecture may be hazarded, with great probability, which is, that they were men of but little information, whose minds were unduly influenced, by some of the thousand misrepresentations, which had been practised on them. The whole number, was, in the ratio of sixty-five, to seventy-three.

If the difference between seventy-three, and sixty-five, the amount of electoral votes given on the one side, and the other, be taken as the criterion, by which to compute the whole number of changes, and applied to the aggregate population, the total amount would be seen. A document, worthy a statistical research, would be one, which should render an exact account, of the changed individuals, from federal to anti-federal, voters; with a true statement, of their ages, residence, occupation, moral habits, and real circumstances in life, could it be rendered effectual, and thus circumstantial.

Suffice it for the present, to say, that the change for the time was radical--the principles of Washington, the patron of fedalists, were superseded, and contrasted, by those of Jefferson, the patron of anti-federalists. Hereafter the subject may

claim further attention.

The legislature assembled in November, and went to law making, as usual. While the first act to be noticed, is one for the division of Green county: whence sprang Adair-"Beginning on the Green river, ten miles on a straight line above Green court house; thence a line so as to strike a point onequarter of a mile due north from Major Daniel Trabue's house; thence a line to strike the Barren county line so as to leave James Mitchell one-quarter of a mile in the county of Green; thence with the Barren line to Cumberland county line; thence with said line to Wayne county line, and with said line to Pulaski county line; thence with said line, to Lincoln county line; thence with the same to the ridge dividing the waters of the Rolling fork from Casey's creek; thence to the head of the ridge between Casey's creek and Robinson's creek; thence with the said ridge to Green river; thence with the same to the beginning: to commence from and after the first day of April, 1802.”

"An act concerning the boundary line between this state, and the state of Tennessee," was passed: the object of which, was, by means of mutual commissioners, to ascertain, adjust, and settle, the line described. Nothing definitive was done.