of its accomplishment; but the vision and the effort were also lacking now and long after conditions of the country could not be pleaded as an excuse. The first constitution, replete with interesting principles of government, was silent on education. The Northwest Ordinance of 1787 had made liberal allowances for education in the future states to arise north of the Ohio. But this was national aid, given in the abundance of land; Kentucky, never having been a part of the national domain, could not receive such a bounty. Instead she was left by the Virginia land laws with a maize of conflicting land titles, which future generations were long too busy themselves in their efforts to untangle.

But schools sprang up, administering to a limited number, before the pioneers had left the forts and stockades. A school was taught in Harrodstown by Mrs. William Coomes as early as 1775 or 1776.39 Other fort or stockade schools soon arose. At McAfee's Station nearby, John May began a school in 1777, while two years later Joseph Doniphan taught a class of seventeen in Boonsborough. The Lexington fort was served by John McKinney in 1780. Regardless of formal schools and teachers, there undoubtedly was instruction of some kind in many other of the more than 200 forts and stations that dotted the country. Conditions under these circumstances were more propitious for educating the children than they were for many years after the people moved out from their concentrated centers broadcast of the country. These schools were elementary in their instruction and primitive in their equipment. The alphabet was learned from letters inscribed on wooden paddles, and the higher branches were undoubtedly taught at times from manuscript books. There is also evidence that the Bible was early used as a text for reading class.40 Teachers were migratory, teaching when they were not employed at some other task.

The development of higher education in Kentucky was to differ greatly from the lack of efforts and a policy for common schools. The leaders early saw the advantage and necessity for a school of high standing in which their successors might be trained. To educate the few was also a much easier problem to solve. The fort schools and their successors were private or subscription schools; the first school of higher education was the direct outcome of Governmental aid and action. In 1779 Virginia passed a law confiscating the lands and property of Tories. Through the efforts of Col. John Todd the following year the lands that should be forfeited by Tories in Kentucky were to be set apart for a "public school or Seminary of Learning" to be established as soon as possible.41 The law endowing the school with these lands declared "that it was to the interest of the Commonwealth always to encourage and promote every design which may tend to the improvement of the mind and the diffusion of useful knowledge, even among the remote. citizens, whose situation in a barbarous neighborhood and a savage. intercourse might otherwise render them unfriendly to science." 42 The result of confiscation proceedings in Lexington in this year was the adding of 8,000 acres to the endowment; three years later an additional 12,000 acres of these escheated Tory lands were secured; and in 1787 Virginia added one-sixth of all surveyors' fees in Kentucky, which had heretofore gone to William and Mary College.43 The first meeting. of the board of trustees of this new school, called Transylvania Sem

39 A. F. Lewis, History of Higher Education in Kentucky [Washington, 1899], II, 12; W. Chenault, "Education in Kentucky" in Smith, History of Kentucky, 688691. 40 Chenault, "Education in Kentucky" in Smith, History of Kentucky, 690, 691. 41 Siebert, "Tory Proprietors of Kentucky Lands,' 16, 25.

42 Chenault, "Education in Kentucky" in Smith, History of Kentucky, 692. 43 A more extended account of this remarkable institution will be found in a special article in this work.

inary, was held at Crowe's Station, near Danville, in 1783, resulting in the setting up of a grammar school there the following year.44 As the District was beset with Indian wars about this time, conditions were not favorable for the progress of such an undertaking. Calls on the people for subscriptions to enable the school to open brought no aid, but Rev. John Todd, of Louisa County, Virginia, heard the plea and sent the beginnings of a library and other useful equipment to the school. As all efforts to raise money locally for the school met with failure, the trustees in 1789 moved it to Lexington, where it later developed into the pre-eminent educational institution of the West.

Efforts of the Transylvania trustees, aided by Virginia, to establish a secondary school were soon followed by private individuals in setting. up academies, or seminaries, as they were commonly called. John Filson, a Pennsylvanian, came to Kentucky in 1783 and soon thereafter opened a school in Lexington which approached academy proportions in its instruction. During this period he was also busied in the writing of his history of Kentucky. In the early part of 1788, he announced that he would open an academy in the following April in Lexington in which "the French language will be taught, with all the arts and sciences used in academies." 45 In his announcement he entered into a discussion of the advisability of establishing his school in the town as opposed to the country. He decided that the proper place was in town as:

"Experience proves that a being determined on folly, will find as many opportunities in the country, as in town, with the addition of a greater secrecy in accomplishing his designs; many mean and vicious practices can be effected, which in a public situation the unavoidable idea of detention would effectually prevent; this obvious from a view of a country student walking out of school, he carelessly hulks his body along in clownish gestures, pays no respect to a genteel movement, from a consciousness that no eye beholds him, fears not the contempt or ridicule which must be consequent upon such a conduct in a respectable town, or if in a public situation indecorum should pass unnoticed by all, but the teachers, then is the most pertinent season for admonitions, when the culprit must be sensible upon the smallest observation of the ruinous consequences to all character and future reputation, which he must unavoidably sustain. I conceive the voice of thunder could not make more serious impressions. Experience beyond doubt will confirm these observations."

"46

Con

This argument brought the unexpected satirical rejoinder of "Agricola," who took exception to Filson's use of English as much as to his argument. He was especially anxious to know the history and meaning of the word "hulk." He ventured to inquire if "young ladies, educated in the country" were "guilty of the sin-of hulking.' tinuing his satirical shafts he said the question arose from the fair sex themselves, who had taken the alarm. They fully believe that the crime of hulking, which you have so indiscriminately charged upon their brothers, is a rude stroke of satire, indirectly aimed at them. Take heed good Sir; 'tis death to provoke the Fair." A beginning of sectional feeling against the North is evidenced in this extract from "Agricola's" letter: "What peculiar charms have northern teachers to inspire virtue, suppress vice, and explode all party spirit, that southern teachers do not possess?" He took this final fling at the "Yankee teacher": "Lastly, for the benefit of such as cannot give their children a public education, 44 Library of Southern Literature, XVm, 146; Lewis, History of Higher Education in Kentucky, 13, 14.

45 Kentucky Gazette, January 19, 1788. This announcement together with the correspondence of "Agricola" are copied in R. T. Durrett, John Filson [Louisville, 1884], 119-121.

46 Durrett, John Filson, 120, 121.

Vol. I-24

be pleased to point out that peculiar moment, that particular nick of time when admonition, like a thunderbolt, shall knock a hulking boy out of his 'awkward gestures' into a 'genteel movement'." Filson answered "Agricola" by declaring that the latter had proposed "a few silly and impertinent questions, which I shall take no notice of. Your officious performance Reflects no reputation, indicating a Spirit of altercation, which in every attitude I view with contempt. As you have been so personal with me, you will please to leave your name with the printer and oblige JOHN FILSON." 47

In this same year [1788] there were at least four other private academies being taught. Joshua Fry was teaching a school in Mercer and Samuel Finley, in Madison. A school which James Priestly had been teaching for two years in Bardstown was incorporated during this year by the Virginia Legislature as Salem Academy.48 Another school was established at Lebanon [Georgetown] under the patronage of Elijah Craig, which promised to "teach the Latin and Greek languages together with such branches of the sciences as are usually taught in public seminaries." The following terms and advice were given: "For diet, washing and houseroom, for a year, each scholar pays three pounds in cash, or five hundred weight of pork on entrance, and three pounds cash on the beginning of the third quarter. It is desired that as many as can would furnish themselves with beds; such as cannot may be provided for here to the number of eight or ten boys, at thirty-five shillings a year for each bed. * * * It would be proper for each boy to have his sheets, shirts, stockings, &c. marked, to prevent mistakes." 49

Within a short time the academy movement had spread throughout the state. As will appear later, they were included in an ambitious scheme of education by the state and given important land endowments.

The only newspaper in the state was the Kentucky Gazette, provided for by the second convention called to vote on separation, and established in Lexington by John Bradford in 1787. The first issue was on the eleventh of August.50 The important part it played in the development of thought on separation had already become evident. This paper was the forerunner of a fruitful period of journalism, which developed within the next two decades.

47 Ibid., 121.

48 Lewis, History of Higher Education in Kentucky, 12, 13.

49 Kentucky Gazette, January 14, 1788. This announcement is copied in Collins, History of Kentucky, II, 194.

50 Bradford made this editorial apology in the first issue: "My customers will excuse this my first publication, as I am much hurried to get an impression by the time appointed. A great part of the types fell into pi in the carriage of them from Limestone to this office, and my partner, which is the only assistant I have, through an indisposition of the body, has been incapacitated of rendering the smallest assistance for ten days past." W. H. Perrin, Press of Kentucky [Louisville, 1888], 10.

CHAPTER XXVII

PUTTING THE GOVERNMENT INTO OPERATION: EXECUTIVE, LEGISLATIVE AND JUDICIAL CONTROVERSIES

The new government of the Commonwealth of Kentucky was formally inaugurated on June 4, 1792, in Lexington. In the preceding May, Isaac Shelby had been instinctively turned to as the first governor. He received formal letters of congratulation and good wishes from Danville and Lexington, and the population as a whole felt proud in honoring honest Isaac Shelby by making him their first governor. The general feeling was much akin to that shown on the election and inauguration of Washington. Like him, Shelby proceeded on horseback from his home to the temporary capital, greeted by the people along the way. He stopped in Danville and was there given a cordial welcome.2 He then proceeded on to the Lexington, where he was received with wellplanned and well-executed formalities. Rifle-fire, enlivened now and then by an old six-pounder, announced his arrival. John Bradford in a short speech formally welcomed him to the town, after which Shelby headed the procession to the Sheaf of Wheat Inn, which became the governor's mansion for the time. The Legislature organized for its first session in the log capitol, set aside for its use, with Alexander Scott Bullitt as speaker of the Senate and Robert Breckinridge, speaker of the House. Governor Shelby appeared at the appointed hour and read in person his message. Each senator and representative was presented with a copy. Later a reply was made by each House. The formal ceremonies were concluded by the firing of fifteen rounds by the Lexington Infantry stationed on the outside.3

Amidst these simple and unostentatious surroundings a pioneer commonwealth was being inaugurated with ceremonies that smacked of royalty. Like a king of England presenting his message to Parliament, Shelby addressed his Legislature; and just as the English Parliament voted its reply to the king, so these frontier lawmakers answered with addresses to Governor Shelby. True enough, the example of George Washington was before him. This practice of the governor presenting his message in person was not dropped until Governor Scott's time.

One of the arguments that had been advanced with telling effect against statehood was that increased taxes would have to be imposed in order to meet the salaries of the numerous state officers. Out of respect for this desire for economy, the remuneration for public service was made entirely inadequate. This was especially true in the most important instance, the judiciary. The salary of the governor was fixed at $1000 per annum; the members of the executive departments received $333 1/3; and the members of the highest court received $666 2/3. The Legislature with commendable self-control fixed the pay for its members at one dollar per day while in session. A chaplain while in good taste

1 These letters are preserved in the Durrett MSS. Collection.

2 Kentucky Gazette, June 9, 1792.

3 G. W. Ranck, "How Kentucky Became a State" in Harper's Magazine, Vol. 85 [June, 1892], 46-49; Kentucky Gazette, June 23, 1792; Ranck, History of Lexington 172-174.

He

was still not necessary for the governing of the commonwealth. either served for nothing, or received a collection from the members. In 1798 the House of Representatives provided a salary for the chaplain, by each member agreeing to deduct one dollar from his own pay.4 The first revenue bill included taxes on land, cattle, carriages, and billiard tables.

Among the most important work to be performed by the First Legislature was the establishing of the judiciary system and the selection of a permanent capital. The method of performing the latter task was somewhat peculiar. The constitution provided that the House of Representa

tives should by ballot choose twenty-one persons, out of which number was to be finally selected five commissioners who should fix upon the site for the capitol. The process of elimination was to be carried out by the delegations from Fayette and Mercer counties, each striking out alternately one name until there should be left only five. This method was a compromise formulated by George Nicholas, to give the two counties competing for the capitol an equal show. According to the resolution introduced into the constitutional convention by Nicholas, the five commissioners "shall have power to fix on the place for the seat of Government and to receive grants from individuals therefor & to make such conditions with the proprietors of the lands so pitched on by them, as to them shall seem right & shall be agreed to by the said proprietors, and Mirror [Published at Washington, Kentucky], January 13, 1798.