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year, the same law was revised, and re-enacted; it experienced also an abortive result, as in the former year. In 1795, a new law was enacted, having the same object in view, a revision of the civil laws of the commonwealth. This latter act, giving longer time for the work, and otherwise providing more ample means, produced the revision, which was sanctioned by legislation, in 1796, 1797, and 1798.

Acts making provision for persons of unsound mind, and for the poor, were passed at this session. The first case was referred to any court with chancery jurisdiction, for inquiry, and authentication as to facts; with the ascertainment of the allowance for keeping; which was to be paid at the public treasury. The county court had the entire care of the poor of the county over which it held jurisdiction.

"An act more effectually to secure the constitutional rights and privileges of the citizens of this commonwealth," was enacted, after some opposition.

It is right, no doubt, that courts should possess the power of punishing contempts of their authority;" while, as has been seen, those of Kentucky, and even justices of the peace, had it without limit.

- A case had occurred in a suit depending in the court of appeals, between James Wilkinson complainant, in chancery, and Humphrey Marshall, defendant, upon a very extensive and complicated contract for lands and land claims; which Wilkinson about five or six years after it was made, wanted to garble, so as to hold what suited him and avoid the rest, and which Marshall, willing to rescind, did not want garbled; which however, the court by its decree had CARBLED, in a manner very injurious to the defendant-who being permitted to state facts, to he reported by commissioners in order to enable their honours to enter up a final decree, stated, among other things, that the decree was "partial and unjust, inasmuch as it garbled an entire contract;" but offered no obstruction to the authority of the court, nor any personal contempt to the judges: who were George Muter, Caleb Wallace and Benjamin Sebastian. The latter, being bondsman for Wilkinson, gave no audible opinion.

Upon the return of the report, Marshall was summoned from his farm, to court, for a contempt; which was set out, as the lawyers would say, in hac verba; only that in one part of it, the word "and" was used instead of "or," else "or" instead of "and." The defendant appeared in person, and justified the words; but contended that they did not constitute a contempt, of which the court could take cognizance, try, and punish, without a jury; and insisted on the trial by jury, as a constitutional right. The offended judges determined they were the triers; and the attorney general, Abraham Murry, who had succeeded Colonel Nicholas, addressed the court in a speech in support of the prosecution. When the defendant had said in reply, what he chose the court and audience should hear, he pointed out the error in the process verbal, and was discharged. The discussion in this case, had placed the subject in a strong point of view; and the act whose title has been recited, was a consequence of the occurrence.

Courts and judges were limited, to a fine of ten pounds, and to imprisonment not exceeding one day, without the trial bý jury. Justices of the peace, were limited in like manner, to a fine of twenty shillings, or six hours' imprisonment.

To the foregoing enactments was annexed the proviso, "that the act should not extend to cases arising in the land or naval forces; nor to cases where persons served with process from any court, judge, or justice, should refuse to answer according to law, or to perform any decree, judgment, or order, of either." Such was the bill when presented-such it passed—and such it remains, and will remain, while a just regard to personal safety, shall teach legislators how to regulate a power, necessary in the administration of justice, but not less necessarily subjected to restraint.

The county of Harrison was created; to have effect from and after the first day of February, 1794: “beginning on the Blue Lick fork of Licking, at that point from whence a line parallel with Clark county line will strike a point to be found eight miles a due north course from Bourbon court house; thence a line to the mouth of Townsend creek, and up the R

VOL. II.

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same to the mouth of Silas' run, thence up the main branch of said run to the head thereof; thence with the Scott county line so far as it continues on the dividing ridge; thence with said ridge to a parallel with the head of the south fork of Big Lick creek, and down said fork, to the south fork of Licking; then down the said fork to the mouth thereof; thence up the said Blue Lick fork to the beginning."

Representation was apportioned by an act of this session: it gives no account of the population, nor does it establish any ratio of representation;-but omitting both, it determines peremptorily, the number of representatives to be sent by each county. There being at the time seventeen counties, they sent forty-two representatives, apportioned as follows: Jefferson two; Shelby one; Nelson three; Hardin one; Logan one; Green one; Washington two; Lincoln three; Mercer three; Madison three; Clark two; Fayette six; Woodford three; Scott two; Bourbon five; Mason three; and Harrison one.

"An act for affording defence to the iron works on Slate creek," authorized a small detachment of militia to be stationed there. This was probably in pursuance of the governor's recommendation.

Fifty-four acts were passed this session; some to amend former acts-others to legalize irregular proceedings-a part to establish towns, inspections, ferries, or roads-and others, merely private or personal.

It should not escape remark, that there is no trace of the intrigue, actually in operation under the direction of French agents, who had announced themselves to the governor, as early as November, when the legislature were in session, in any of the acts or records of this session; nor any notice of the democratic societies; although, as already shewn, their course was opposed to all regular, and constitutional government.

The session was held in Frankfort; and there being yet no public buildings to accommodate the two branches of the assembly, they occupied different rooms in a large framed house, belonging to Major James Love.

In the two previous sessions, a chaplain had been employed, who appeared at the opening of the sitting each morning, and

offered up prayers, in the line of his holy functions, for the prosperity of the state, and the wisdom of her councils: and no doubt, expecting his being employed again in the same way, he attended in Frankfort, and for a few mornings, performed his appropriate offices. A resolution of the house of representatives, at length dispensed with his attendance, and none has been since employed, by either house, with any regularity, or consistency; but for many years, have been dispensed with.

The receipts of revenue at the treasury, from the 15th of November, 1792, to the 15th of November, 1793, were four thousand nine hundred and twenty pounds: disbursements within the same time, four thousand nine hundred and twentyone pounds. Such was the result of the first revenue year.

CHAP. III.

Further account of Indian hostility--Internal occurrencesGeneral Wayne moves upon the enemy--his victory, and other proceedings-Other hostilities--Whitley's biography-Treaties, and general peace-Western Insurrection-Proceeding in Congress, and by the President-Mission of James Innis, how rendered futile-Proceedings in the Legislature, &c. &c.

[1794.] IN committing to history the occurrences of 1794, those of a military aspect will be first in order; while it is thought conducive to perspicuity of detail, to keep them apart in narration, as they were in fact, from those of a civil complexion-the one being principally the concern of the United States; the other, of this state.

At the opening of this year, the situation of Kentucky was not less singular than portentous. The remaining leaders of the Spanish faction, hushed into a temporary silence and doubtful suspense, by an irruption of French agents and democratic societies, had co-operated with them nevertheless, so far as they annoyed the administration of the general government: but this French faction, threatening to overrun the Spanish territories on the Mississippi, and thus to kill the goose that laid the golden eggs, had also put the former in great consternation; while the new intrigue having completely conciliated the executive magistrate of the state to their plan of usurping the military force of the country, with which to involve it in a war, he cautiously concealed both the design, the means, and the progress, of it, from the great body of the people, and their legislature. Foreign events, fortunate for the nation, concurring with the vigilance of the president of the United States, happily prevented the explosion, which was in preparation, in the manner heretofore delineated; and thus saved Kentucky from open rupture, and public disgrace,

It is to be recalled to mind, that General Wayne, with the federal troops, were in winter quarters at Greenville, destined

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