"An act to amend the acts regulating the court of appeals," enacts, that the process from the court shall bear test in the name of the clerk; that, except the chief justice, each judge thereafter appointed, should not have any designation, as, second, or third, judge; but should be commissioned in general terms, and take precedence according to the date of commission: all other laws on the subject were repealed.

Not being able to discover any use in this act, it is ascribed to an idle hour, and the old adage, that "It is better to do any thing than lick your paws."

The salary of the treasurer was increased to nine hundred dollars annually, in quarterly payments.

Ninety-seven acts constituted the stock of this year's production; the greater number of which were of the general character of relief, of one kind or other; resembling the productions of previous sessions, and evincing no less the diversity than the fecundity of legislative heads.

The treasury reports, as far as seen, though defective, exhibit something like one hundred thousand dollars of expenditure: whence may be inferred equal receipts.

It has not been thought necessary to notice each act for incorporating library companies, although some have been mentioned as specimens: and here it may be remarked, that several had been instituted with corporate powers since the change of constitution--nor, it is believed, were any applications refused; as it was only for the general assembly to pass the law: the corporators were left to find the funds and manage them as they pleased.

[1810.] The arrangement with Mr. Erskine, British minister, in 1810, removed for a time the non-intercourse with his government; and many American ships and cargoes were navigated to her ports. The acts of the minister were disavowed, as being contrary to his instructions-but the American property was not seized, or confiscated.

The non-intercourse was reinstated, of course.

On the 2d of November, 1810, the president of the United States proclaimed the French decrees, revoked, as to the commerce of American citizens. A fact, which it is certain was not true. The effect, however, was to restore commercial intercourse with France.

The first act of 1810, was to incorporate the Lebanon library company, in the county of Christian: nor was this the only act of the kind passed this session:-which shews, no less than the number of academies, the public patronage which was extended to institutions connected with literature.

"An act authorizing a lottery, to improve the navigation of the Kentucky river," like most other acts relative to naviga ble rivers, came to nothing.

Was the navigation of Kentucky to be judged of by the number of acts on the subject, it might reasonably be thought to possess more navigable rivers, and to be more navigating than any other country in the world. The curiosity of a reader of the legal code on the subject, might indeed be excited to inquire, why so many acts were passed authorizing so many milldams to be built across these navigable waters. Let it not, however, be imagined, by any such inquisitor, that permission is so often given by law to erect mills on navigable streams, with any view of rendering the navigation more, difficult or hazardous-No: for besides that the stream for half the year is of no use to boats or mills, the law makers in general are the best natured creatures on earth, they desire to serve or oblige every one; at least until they are sure of a majority of voters--thus they will pass a law at one session, to render a stream navigable; the next year, on the application of some other, they will authorize the putting a milldam in it; and the succeeding year, upon the petition of half a dozen voters, pass an act declaring all such obstructions nuisances, and order them to be prostrated.

Henderson county was divided. This is always an operation of the law making power: for which there seems a tacit agreement, between this species of corporation, and the legis lature, that it may be divided at pleasure; provided the parts,

polypus like, shall each make a whole one-as was now the case. The part cut off, will alone be noticed: and that was to become a county, by the name of UNION, on the 1st day of May, 1811: "Beginning at the upper point of the 18 mile island, formerly called Elk island, on the Ohio river; thence a straight line to Highland creek, 1 mile above Higgins's mill, measured along the meanders of the creek; thence up the creek to the White Lick fork thereof; then a direct line by 'Harper's head,' to the line of Hopkins county; thence with that line to Tradewater river; thence down the same to the Ohio river; and up the Ohio to the beginning."

An act to amend the act authorizing a lottery for the purpose of improving the navigation of the Kentucky river, authorized the seven trustees to meet in Lexington at the Kentucky Hotel on a day named, and there take measures for other meetings. The whole business, it is believed, came to nothing.

"An act further to regulate the payment of the debt due this commonwealth for the sale of her vacant lands," had direct reference to the Green River settlers, who were thereby further indulged. The impolicy only, is worthy of remark.

"A mutual assurance society against fire on buildings in this commonwealth," was established in Lexington, and incorporated, with ample powers, by an act containing five sections, with but little effect.

"An act to amend the act altering the mode of taking in lists of taxable property," exempts persons who are not bound to perform military duty, from attending muster fields to give in a list of their taxable property--and permits them to send a written list on oath, to the list gatherer: extending to nine sections only.

The mode in use for recovering rent by distress was revised by an act of this session.

Hitherto the proprietor who had let his land on lease for money or tobacco, could, of his own warrant, authorize the sheriff to seize the goods of the tenant, for rent due and in arrear, to sell, and satisfy the amount stated; unless the tenant contested the demand, and entered into bond with security to

abide the decision of the court; which, however, if he did, the sheriff was bound to return it to court; whence it became a suit between the parties, to be tried, and adjudged in due course of law. The act just alluded to, required of the proprietor, called, landlord, according to the idiom of the English common law, to go to a justice of the peace, make oath to the amount and justice of his demand, and obtain from him the warrant of distress; on which the subsequent proceedings were nearly as before, except that the goods of the tenant only, and not any that might be found on the land, were subject to be distrained for the rent.

Both these changes seem reasonable, while the first appears to be a necessary consequence of the change of governInent: For notwithstanding the right of the tenant to litigate the question, yet he was required to give bond and security, in order to get into court--which seemed a hardship, that no man should be exposed to, upon the bare personal authority of an interested individual. There was another provision also in the act which was plausible, the vecovery on the trial of the replevin, was reduced from three times the amount of the rent in arrear, to ten per cent upon the amount due; and the right of distraining, confined to rent reserved in money: again, a further enactment, exempted the lien which the lessor had on the lessee, from every thing in the country, but the produce of the land; and in towns, for house rent, reduced it to household furniture; and lastly, when distress should be made and the demand was admitted, the lessee was allowed to replevy the debt, by giving bond and security to pay it at the end of three months.

This act is highly indicative of the spirit of legislation which was rapidly growing in the country, that of relaxing the cords of obligation in matters of contract between man and man. The law had previously been too rigid, and called for relaxation; it exhibits, however, what is extremely common in such cases, a spring to the other extreme: which placed rents, the annual support of families, and therefore requiring the great est punctuality in their payments, nearly on a footing with

ordinary contracts; which had long been treated by law makers as if they were not evidence of private rights, and property, to all intents and purposes.

One hundred and nine acts were passed at this session: much the greater number for private accommodation, and too similar to others under the like denomination, to be particularly noticed.

The revenue of this year may be estimated at about $100,000; and as usual, nearly balanced the expenditure.

A census had been taken this year, the result of which was, 324,237 white free persons; 80,561 slaves; 2,759 free persons of colour.

Increase of free persons in the last ten years, 144,362; of slaves, 40,218; of free persons of colour, 2,115: total population of all descriptions in 1810, is 407,057.

[1811.] March 1811, congress passed the non-importation act; affecting commerce with Great Britain to a great extent; that to France, very inconsiderably.

Commodore Rodgers, on board the frigate President, about the middle of May, 1811, attacked, crippled, and defeated, the British armed ship the Little Belt.

Under orders from the war office, General William H. Harrison, in the summer 1811, made it known that he should march an army against the Prophet's town, at Tippecanoe; in order to make terms with him, &c.

The first act placed on the statute book of this year, is one to revise and amend the militia law. This is no otherwise to be noticed, than to say, that it has one hundred and five sections, and fills thirty pages. It is probably the best digested of any of the many passed upon the subject; it has, notwithstanding, been amended.

The act authorizing a lottery, to improve the navigation of Kentucky, was amended the second time at this session; one dollar per day was allowed the commissioners, for their attendance on the business of their appointment.

"An act further to regulate the payment of the debt due the commonwealth for the sale of her vacant lands," contains the usual postponements and indulgences: containing ten sections.