often be sustained, on a proper investigation of the record on which the opinion and decree, were rendered. Indeed, what judge calls witnesses, to bribery, or other acts of direct corrup tion? And in the absence of other proof, could not his judgments, opinions, or decrees, be resorted to, for the purpose of fixing guilt, or ascertaining misbehaviour, he must be a weak judge indeed, who could not perpetuate himself in office; under the practice of malfeazance. And yet, weaker still, would be, that community, which would countenance such a doctrine of judicial impunity and exemption. No: official acts, are certainly among those for which a judge may be removed from office, and therefore among those over which the removing power, has jurisdiction. His opinions and decisions may be evidence against the judge himself. This power, like others may be abused; but that is no argument against its proper use. The constitutional guard of two-thirds required to remove, affords every reasonable security against any capricious resort to its exercise by a majority; or would defeat such resort.

Forty laws were made at this session--nine of them concern. ing towns of the rest not yet noticed, some were of a general nature; others personal, or local.

The receipts at the treasury, for the year, were six thousand two hundred and seventy-one pounds, seventeen shillings and two pence half-penny. The disbursements for the same time, were five thousand, four hundred and twenty-seven pounds, one shilling and nine pence half-penny.

CHAP. IV.

Proceedings of the Legislature-How far the Legislature can increase or reduce the rights of eligibility to a seat in its own body→→ Quarter Session Justices, their seats as members vacated-Governor communicated Colonel James Innis's correspondence--An attempt to instruct a Senator of the United States by name--Privilege regu lated-Commissioners to settle State line with Virginia, confer, disagree, &c.-Measures taken with Green River lands, &c.-Speaker chosen by ballot--Motion for a law to refer the question of calling a Convention to the people, &c. &c.

[1795.] THE other incidents of the year 1795, being connected with military occurrences, and already mentioned; the proceedings of the legislature will receive the next attention.

The first act to be noticed is one entitled "An act to disqualify sheriffs from holding a seat in either branch of the legisla ture for a certain time."

The preamble of the act suggests, that great mischief may arise to the people from an admission of improper persons into the legislature; for remedy whereof, sheriffs, and deputy sheriffs, are declared ineligible to a seat in either house, until they shall have made their collections of the public revenue, paid them into the treasury, and obtained a quietus from the auditor; nor for one year afterwards.

This act suggests an extraordinary state of things; the sheriffs were elected, to their office by the people-of course they were popular; they had the collection of the public revenue; could retain their popularity, by indulging the people—become, delinquent--and then get into the legislature, where they could pass laws to indulge themselves, with further time to make the collections. Necessary as the law was, to guard the good people against a violation of their constitution, in electing the same man to incompatible offices; yet it may be doubted if their representatives did not commit a breach of the same instrument, in extending the ineligibility, to the end of a year

after the quietus was obtained; especially, if there was any case, where no delinquency had occurred, or probably would occur, in not excepting it from the general inhibition.

At this session, an abuse of the kind above intended to be guarded against, committed also by the people upon the constitution, in choosing quarter session justices to seats in the legislature, was recognised, and checked, by declaring them ineligible, and actually vacating the seats of those who were returned to the house of representatives: to wit-Henry Crist, from Nelson county; Young Ewing, from Logan; Mathew Walton, from Washington; William Casey, from Green; Walker Baylor, and James Davis, from Lincoln; John Miller and James French, from Madison; Robert Rankin, from Mason; Joseph Crockett, and John McDowell, from Fayette; and Richard Young, from Woodford. These were all quarter session judges, called "justices" at the time they were elected, and then; who nevertheless very conscientiously took their seats, after in effect swearing to support the constitution; which expressly separated the legislative, from the judicial power, and declared that they should not be exercised by the same persons; and moreover excluded from the legislative body, all those who held an office of profit: meaning no doubt, an office, whose compensation was to be fixed, or varied by law.

The seat of John Greg, sheriff of Bourbon, was also vacated, at the same session.

The governor communicated to the general assembly, his correspondence with the special messenger of the president, Col. James Innis, destined to convey intelligence to the legislature of Kentucky, on the subject of the navigation of the Mississippi, then in negotiation with the court of Spain. It appeared that this correspondence had taken place in the preceding January, soon after the adjournment of the body for which it was intended; it disclosed information, and gave assurances on the part of the president, which had they been delivered as he intended, would in all probability, have been satisfactory; at least, to the intelligent and well disposed part of the community; but which till now had been withheld from the public.

They shewed, that due attention had been paid to the object of negotiation-that the delay was produced on the part of Spain-but that it would still be pursued unremittedly until attained, or the negotiation, interrupted, from a conviction, that the navigation in question was not to be obtained in that way. It is to be acknowledged, that the president had been unfortunate in the appointment of his commissioner, or messenger. The gentleman's mental qualifications, it is true, were ample; but his corporeal magnitude, so far exceeded them, as to render him almost useless. His corpulency, was only ex ceeded by his indolence. While his locomotions, might aptly enough be compared, to the animal in Natural History, called the slow, or slow-peter. From an early part of the summer 1794, until 1795, had he suspended these communications: thereby defeating the benevolent intentions of the president; who desired to content the people, by giving them direct evidence that their interests had not been neglected; although it had been often asserted by men who had sinister purposes to accomplish.

The appointment of Colonel Innis was untoward in another important point of view. It has been seen that his brother, Judge Innis, resided in the neighbourhood of Frankfort, and that he was party and privy to the intrigue with Spain; which without doubt, was the principal, if not then the sole cause of the difficulties that were opposed by the Spanish minister to the success of the existing negotiation. With him the colonel took up his winter quarters; where he remained, as if spell-bound, until he commenced his return home: from him he received his information of the state of public opinion, and the cause of complaint, &c. So that if it was a part of his mission to ascertain these matters, which seems reasonable to suppose, it may be inferred, that he had been misled, as to each: and that to the same extent he in his turn, misinformed the president, on these topics. Thus was the utility of the appointment rendered useless, or mischievous, by the manner in which the officer executed his duties.

It was attempted at this session to instruct Mr. Marshall, one of the senators from the state in the congress of the United States, personally how to vote in future on the subject of the treaty recently formed with Great Britain, and called "Jay's treaty," for the conditional ratification of which he had voted the preceding June: his colleague who voted against it, requiring no instruction. After debate, however, the resolution was amended, so as to make it read "senators;" who were charged to vote against the treaty in all subsequent stages of its appearance. This instruction, was eventually rendered inoperative by the British government, who at once acceded to the modification proposed by the senate; and thereby took from the president the necessity of laying the subject, again before that body. Which saved the erratic senator, from another offence: For certain it is, that with the impressions, under the influence of which, he acted, he should have disobeyed the instruction. The subject was one of no local character, but general to the United States-of which he was a senator. But peace, was of infinite importance to Kentucky, as well as to the United States: the treaty was of a nature to ensure it, to both. Free of the Indian war, and of her embarrassments with Britain, the federal government could attend to Spain, and to the factions within her own bosom, with an undivided observation. And notwithstanding this untrained senator, had heard an argument from his colleague, the burthen of which was to prove, that should the treaty be executed, and the posts on the lakes put into the possession of the United States, that nevertheless the British would still control the Indians, and keep them at war with the frontiers: so that even Kentucky could gain nothing in fact; while the United States made concessions, in giving up her negro claim, &c. for which they would get nothing, &c. All of which seemed so much like prejudice, party spirit, and folly, as to be ascribed to them; without in the least, moving the judgment toward a change. While the instruction, being a peremptory mandate, without any argument, was still as little calculated to have that effect. In vain