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Benjamin Hughes', near Boone's road, and the same course to a point, whence a course N. 45 W. will strike the Ohio river at the mouth of Eighteen-mile creek; then up the same, and with the Mercer line to Salt river; then down the same to the beginning." To have effect from the 1st of September then next ensuing.

Such was the evidence of extended settlements, increased population, and the desire, of occupying office.

The next, which will be noticed, was "An act for appointing surveyors." It provided for the appointment of a surveyor in each county,

"An act regulating the annual elections," was about the fifth, which passed. The elections were to be held at the court house of each county, on the first Tuesday of May, yearly; and might, be continued for three days, under the superintendence of the judges of election, and sheriff. The former, appointed for the occasion by the county court, out of its own body of magistracy; the latter, a standing officer of the county. Contested elections, were to be tried, by the house only, in which the disputed seat was held. Either party could take depositions on notice, or might have a summons for witnesses, through the instrumentality of the county court.

Regulations, similar to those above expressed as to the election of members to congress, were also enacted. But this whole subject was revised in consequence of the change in the constitution; which abolished the vote by ballot, and substituted that by the voice; or verbal appellation.

The remark, however, is due to the subject, that the forcgoing election law, was repealed at the next session of the general assembly; and another enacted, not materially variant. That the second was several times amended, previous to 1798; when an act passed to reduce into one, the several acts concerning elections.

In 1799, the act last mentioned, was repealed; and a new one passed on the same subject. Which was itself amended in 1802-and again in 1807; and subsequently.

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"An act to arrange this state into divisions, brigades, regiments, battalions, and companies; and for other purposes;" had reference to the militia. The title indicates the intention. Nothing could be more superfluous, than its details; as it had but an ephemeral existence. This was the case also, with "An act for regulating the militia of the commonwealth."These were both superseded at the next November session, by "An act to regulate and discipline the militia." The last mentioned act was amended by one passed at the January session, 1798. In the November session of the same year, all former acts on the subject of militia, were repealed; and a new modification prescribed. In January, 1799, the last law was amended; and in 1800, both these underwent revision.

At the end of another year, as if experience had brought new light to the subject, the act of 1801 was passed "to amend and reduce into one the several acts concerning the militia." And all former laws on the subject were repealed. This act was amended in 1804-and in 1806, a total repeal of all former militia laws took place; in order to give effect to one passed in that year.

In 1807, the last act was amended. In 1810, "An act to amend the militia laws" was passed-1811, militia laws compiled, and amended-1812, "An act to amend the militia laws”—in 1814, the whole system revised, in an act, occupying 81 pages-1816, the last act was amended, by an act of 7 pages. In 1817, this act was also amended-again, in 1822. Let these suffice. Details would make a volume of large size, Besides, the last act, and its amendments, may be repealed, next session.

Is it in vain to suggest, that neither officer nor soldier will ever trouble himself to know the law, when it may, and probably will, be changed before he has an opportunity of reducing his knowledge to practice? Will legislators, act for a nation, as they would for an individual, or a small family of few concerns? Will they treat the laws of a great system, as they would their shoes, or their shirts--change them every day, or

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week? The course of legislating on the subject of the militia, the only armed force in the state; the acknowledged, and sole legitimate resort for defence, in case of invasion, insurrection, or rebellion; is but an unfavourable specimen, of the spirit, which rules the country. Believing, that the constitution of government, evolves by its legislation, the very life and soul, which it imbibed from its authors, and will continue to do so, until it is perverted, or dissolved; it is intended, to present the legislation of Kentucky, on a variety of the fundamental establishments, of the constitution, in such collocation, as to enable those who read, to infer, the sufficiency, or insufficiency, the soundness, or unsoundness, of its principles; the better to discern, its perfections, and imperfections; and thence with the greater ease, and certainty, should it ever be altered, to ascend to the moving cause of its effects, and to establish, eradicate, or modify it, as the case may require, for the public good.

In the mean time, the title of "An act for establishing a town at Woodford court house," will shew one source of abundant legislation, of the local kind. Connected with the subject of towns, but embracing a principle of incalculable extent, and importance, was "An act giving further time to the owners of lots in Bardstown to improve the same;" passed this session. It is believed, that a forfeiture, to the individual on whose land the town had been established, was attached to the failure to build, on the lots, by the purchasers respectively, prior to a day expressed in the contract of sale. The act referred to, was at the instance of the purchasers, and without the consent, or assent, of the original proprietor, whose right to the forfeiture, was an existing legal right, resolvable into the land itself, upon an adjudged forfeiture. The act, is, an interference, of the law making power, between these parties, to favour the one side, and to prejudice the other. And thus began, in Kentucky, THE RELIEF SYSTEM-which, like the mustard seed, in the sacred parable, has grown to a mighty tree; literally, overshadowing this land with its baleful branches.

Such had been the practice of Virginia, before the adoption of the constitution of the United States; which, in the first paragraph of the 10th section, provides, that,

"No state shall enter into any treaty, alliance, or confedera tion; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder; ex post facto law; or law impairing the obligation of contracts; or grant any title of nobility."

REIGN POWERS.

Till which time, she, as well as the other states, were, except as to the little restraint imposed by "the confederation," SOVEBut which, it is most apparent, the foregoing clause in the constitution, was intended to limit, and restrain, in future. Experience had amply established the fact of frequent abuse; and in nothing more, than in exercising legisla tion over existing contracts.

Inasmuch, however, as it was intended to lay in the new constitution, the foundation of a durable union, and free intercourse between the states and their citizens; so it became necessary to adjust the means, to the end; and for that purpose, to compromisc, "state sovereignty," itself. And such was the object, and intended effect, of the above quoted paragraph; as well as of others, in the constitution, relating to a variety of subjects-as the clause in italics, does to CONTRACTS.

If Virginia, whose power, and pride, exulted in state rights, and anti-federalism, had not at the time of separation become sensible of her new duties under the general government, but had been still governed by former precedent, rather than new principles, of practice-causes having their origin in similar sources, and effects streaming from Virginia paps, may account for the conduct of her offspring, Kentucky. As, however, this is a subject, which will often occur, and sometimes demand particular attention, more will not be said on it at present.

What may be called private legislation, is also to be found in the acts of this session. "An act to appoint trustees, to convey certain lands of Robert Todd, deccased;" will illustrate the suggestion.

The object of the act, was, to transfer the fee-simple estate, from infants, to purchasers, of the ancestor. This branch of law making, ever subject to abuse, as it is almost, always, exparte-has been carried to excess. It is, in its various

ramifications, a storehouse of much patronage, upon which every pretender to a seat in the legislature, can draw without stint, in the way of bartering promises for popularity. It being much more convenient, for voters, of a particular description, to have their business done at the public expense, by a new law, than to have it done in court, at their own cost, according to the old law. The abuses under this head, will undoubtedly merit an after notice. It is a fountain of perpetual corruption.

As an instance of economy, in those times, it is worthy of notice, that the members of the convention, who formed the constitution, were compensated, by an act of this sessionwhich directed, that there should be paid to the president, twenty dollars; to each member, and the sergeant at arms, twelve dollars; to the clerk, fifty dollars; and to the door keeper, twelve dollars; in full of all demands.

A similar spirit of frugality presided over their act of disbursements, to themselves, and their attendant officers. Their own pay was one dollar per day; the rest in proportion.

One hundred pounds-that is, three hundred, thirty-three, and a third, dollars-were to be paid the public printer; on account. Having yet no revenue, the treasurer was authorized to borrow, for actual expenditures.

"An act concerning the treasurer," was passed. It required of him, bond and security; also an oath, to secure the performance of his duties, which were prescribed in the act. The leading object of which was, to receive, and disburse, the public revenue; of which a particular account was to be stated, and with its vouchers, exhibited to a committee of the legislature annually, and published. The act is cautionary and penal; provides for the treasurer's accommodation, an office, a chest, a clerk; and saying, that he shall be compen sated according to his services, renders him, responsible to the governor, and his successors: which either means nothing, or it means too much-too much, certainly, if it means, that he holds his office at the will of the executive magistrate; nothing,

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