applied to a Nero-to a notorious defaulter-or even to a common pickpocket. But enough of this--I have already gone further in the expression of my feelings, than I intended."

Among the infamous libels of the day, were hunted up, and republished as genuine, a series of feigned and forged letters, which were written during the war, published in 1777, and ascribed to Washington, for the purpose of destroying public confidence in his patriotism, and fidelity to the United States; for which they were calculated, had they been his production; but they then detected themselves, by statements, at the time notoriously false: for which they had been consigned to a merited execration, and oblivion. But now, published to a new generation, they had a considerable effect; especially as the president made no public denial of them, until about the time he went out of office.

But one of the most insolent and atrocious things which were attempted to influence the approaching election, was the interference of Adet, the French minister. He chose this time, to make a communication of the complaints, whether imaginary or real, that France had against the United States; and to conclude it by recurring to the war, in which he said, "Frenchmen mingling with Americans, shed their blood, to establish the independence of the latter in a ferocious war, against those same Englishmen, who had sworn the destruction of France, now engaged in a similar contest for liberty and independence." With much more, pathetically written, and connected with other representations, calculated to shew that from the present administration of the government of the United States, and its supporters, France had nothing to expect, or to hope: that indeed his powers as minister were ordered to be suspended; but that it was not to be considered as a rupture between the two nations, but as a mark of just discontent, which was to last until the government of the United States returned to sentiments, and to measures, more conformable to the interests of the alliance, and to the sworn friendship between the two nations. An abstract intended to produce the strongest possible effect on public feel

the commerce of the United States was suffering severe inju, ries, from the depredations of French cruisers, in the West Indies. But this history is compelled to forbear details on these subjects.

[1797.] Mr. Adams, having become the president of the United States on the 4th of March, 1797, could not withhold his attention from the relative conditions of France, and the United States; and feeling as a true American executive, on the receipt of General Pinkney's despatches, issued his proclamation soon after, for congress to meet on the 15th of June.

At the meeting of congress, the president pursuing the example set him by his immediate predecessor, made his communi-cations in person. Adverting to the speech of the president of the French Directory, delivered to Colonel Monroe, in his last audience; he said, that it "disclosed sentiments more alarming than the refusal of a minister; because more dangerous to our independence and union; and, at the same time, studiously marked with indignities towards the government of the United States. It evinces a disposition to separate the people from their government; to persuade them that they have different affections, principles, and interests, from those of their fellow citizens, whom they themselves, have chosen to manage their common concerns; and thus to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision which shall convince France, and the world, that we are not a degraded people, humiliated under a colonial spirit of fear, and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honour, character, and interest."

The president further avowing, the friendly and pacific dispositions of the government towards France, declared his intended attempt at further negotiation: pursuing this idea in good faith, he instituted the commission of Pinkney, Marshall, and Gerry; to whom he gave instructions to endeavour to effect reconciliation, and preserve peace, by all means compatible with the honour, and the faith, of the United States; but no

national engagements were to be impaired; no innovations to be made upon any internal regulations which had peace for their object; nor were any rights of the government to be surrendered.

Accordingly, the attempt at reconciliation was renewedthe envoys presented themselves in Paris, and were haughtily refused to be received.

In the mean time, insults on them were multiplied; and depredations on the commerce of the United States increased to a degree of open hostility. So firmly fixed, nevertheless, were the anti-federal party, in their principles, and their policy, that but few defalcations took place in it: while it regularly opposed the measures offered, to place the country in a state of defence: exclaiming equally against a navy, and an army. These men called themselves "republicans"-the 'French called themselves "republicans"-and although the latter had proved themselves, to be ferocious, ambitious, and depredating, even as to the former; yet they could not raise their hands, nor voices either, "against their brethren, of the same principle." Such is the infatuation of faction, and party spirit, when it takes a foreign direction, and yields itself to the influence of sinister politicians: who, conscious of their own want of merit, and yet goaded by their ambition, to aspire to primary, or other high offices; which they cannot expect to attain by direct and honest means, resort to arts calculated to impose upon and delude the most ignorant, and always the most numerous portion of the popular mass; and who, in republics, have but too often the preponderance in the affairs of government; thought beyond their understanding, as they are out of the range of their information and reflection. It being taken as an admitted postulatum, that no man can decide correctly, nor should he be called on to decide at all, that which, he does not, and has not capacity, to understand.

The legislature of Kentucky assembled in the month of February of this year, and resumed the business of law making, and mending. Like those of the last session, many of them are collecting and reducing acts. The titles of some of them will here be inserted:

1st. "An act to reduce into one the several acts concerning mill dams, and other obstructions in water courses." This act has only fourteen sections, and five pages.

2d. "An act to reduce into one, the several acts concerning wills, the distribution of intestates' estate, and the duty of executors, and administrators." Fourteen pages and fifty-eight sections, comprehend this act: which like the preceding, has no repealing clause. Whether such acts simplify, or compli cate, the legal code, can hardly be a question.

The following is an original--“An act making an additional compensation, to the secretary of state, and certain other offcers of government."

This act declares that the salary of the secretary shall be two hundred pounds annually-and that there shall be allowed to the auditor, register, and treasurer, fifty pounds each annually, in addition to their present salaries.

"An act concerning occupying claimants of land." This is the title of an act, which passed the house of representatives in 1794, but was rejected in the senate then, and each succeeding year, till now. But the senate had undergone a change, by an election in the last year; by which it had been imbued with much of the popular feeling on this subject, and to that it now yielded its former opposition.

This act will be found in its preamble, to depict the state of the country as to conflicting claims to land; and the consequent occurrence to those who had settled and improved the land as their own, of being evicted from it, by the establishment of a better claim; but who nevertheless, being subject by the rules of law, to account for rents, and profits, were equally upon principles of equity, entitled to be paid for improvements put upon the soil. In fact, the two modes of proceeding, the one by ejectment, where the party out of possession had the elder legal title the other, by bill in chancery, where the occupant had the older patent, were in use. In the cases upon bills, if the chancellor decreed against the occupant, he ordered commissioners, to take an account of the rents and profits on the one side, and of the improvements on the other; and to state them in a report to the court, on which it decreed, according

to equity. But if the process was by declaration in ejectment, and judgment against the occupant, he was subject to be put out of possession--made account for rents and profits--and to get nothing for his improvements: unless indeed, he filed his bill with the chancellor, of whose jurisdiction there was much reason to doubt, in the then state of the law, and thus got an injunction, to stay the writ of possession, until the matter of rents, and improvements could be settled. This would be circuitous, dilatory, expensive, and troublesome. But could the court of chancery have entertained a bill of the kind supposed? One principal object of which was, to turn the trespasses (for such they were in the eye of the law) of the occupant, in rela tion to improvements, into equitable claims, or offsets, against the legal demand of the holder of the elder title, for rents, &c.: another object was, to reduce those legal demands into so many items of account to be adjusted by the chancellor, or his commissioner. The jurisdiction might, as it has been suggested, well be doubted. When a party goes into chancery, in order to obtain relief, he is required to exhibit a demand on the defendant, if not founded on law, at least founded on equity, not inconsistent with law, or the lawful rights of the defendant. The only exceptions to this general rule, are founded on fraud, accident, or mistake: none of which appertain necessarily to the occupant of land, under a bad title. Yet according to the plain sense of such men as cultivate the soil; and according to the feeling, and understanding, of the country, as early as 1794, the man, who under a claim derived from the public records, settled and improved land, should another evict him by better right, was thought, accounting for injuries, to have a just claim for ameliorations; on these principles, to avoid multiplicity of suits, and to place the adjustment of the reciprocal claims of the parties on the same footing, whether the title was tried at law, or in chancery, was the bill under observation, framed and introduced into the house of representatives, in the year last alluded to; its subsequent history to the time of its becoming a law, and fourteen years' practice on it, without alteration, may be considered as evidence of its utility, and of C*

VOL. II.