Слике страница
PDF
ePub

The election law, passed by the same legislature, respecting the governor, &c. to organize the new government, being authorized by the convention, was in that respect correct.

With this session, ceased the legislative functions, under the first constitution; after having, in eleven sessions, added six hundred and fifty laws to the statute book. From sixty, to sixty three or four, of these, were concerning towns; although the forty-first, vested a power in the county courts, to establish towns, appoint trustees, &c. &c.

Occasional observations having been made, with a view to convey an idea to the reader, of the character of the session acts, nothing more of the kind will be added here. Whoever attends to the subject, will be struck with the frequent changes in the courts, and in the execution laws; which, if it were pos sible, should be fixed and immutable. The observer of the legislative course under the constitution, can but be equally affected, by the frequent occurrence of acts which violate private rights to real property, as well by their retroactive effects, as by vesting power in one or another, to sell lands belonging to infants, as well as those of adults, without their consent. Relief, also, of one kind or other, either to private individuals who should have been left to seek it in a court of law, or equity; or to public functionaries, who had violated the laws, and ran to the legislature to cover their ignorance or design from the consequences, by legalizing what was illegally done, makes a figure in the code; besides those acts of direct interference between creditor, and debtor, by means of replevy, and otherwise: which taken together as a body of evidence, goes to prove great defects in the political morality of the law makers, and separately, furnishes precedents for every species of irregular and incorrect legislation. Not that there are no good laws; there are certainly many; for at different times, different moral and political feelings have prevailed: but so predominant has been the disposition to change, that but few acts have escaped its ignorance, its love, its rage, or its malice.

The next legislation to be explored, will be under the new constitution; which, it is believed, offers no better security for the safety of private rights, or the consistency or intelligence of legislation, or the maintenance of public faith. But it shall first be seen, and then said, what it has brought forth.

It is not, however, to be understood, that this history has undertaken to enumerate, sum up, and balance, the good, and the evil, of legislation, for the thirty years and more, during which the government has been in operation. But, taking it for granted, that the country is entitled to a good government; that it possesses the materials for such an one; which, notwithstanding, it has not; it is one of the objects of this work, which will not be abandoned, so to connect observations with facts, as to satisfy the community, with whom it remains to correct legislation, that the way to have good laws, is to elect proper charac ters only, to make laws; an enterprise of hopeless achievement, under the present constitution; or so to change the constitution, as to ensure a government, as good in fact, as human frailty will admit: That is, one much better than the present.

CHAP. VIII.

Bourbon resolutions-Census-Governor's communications, and Legislative proceedings-Mr. Jefferson, president of the United States Circuit Courts abolished-New Orleans, port shut-Louisiana bought-District and General Courts abolished, and Circuit Courts established-Greenup, governor-Mr. Jefferson again presi dent-Colonel Burr visits Kentucky-"Western World," published; Sebastian's pension-Burr's Intrigue-Various proceedings-Observations, &c. &c.

[1800.] IN the annals of 1800, it is thought, may be inserted, notices of a meeting of a portion of the citizens of Bourbon county; whose avowed object, was to take into consideration, the alarming situation of the country, occasioned by the great scarcity of MONEY; and to prevent, as far as possible, the "total ruin" of the citizens, by abstaining from a destructive intercourse with merchants. And to effect it, these good citizens entered into various resolutions--the first, and most important of which, is, as follows:

"That after the first day of April next, we will not purchase from merchants, traders, or others, any of the following enumerated imported manufactured articles, to wit: woollens, linens, cottons, silks, hats, shoes, saddles, sugars, or liquors, (wine for medicine excepted) unless the same can be purchased and paid for, in articles of the growth or manufacture of this state."

This is not exactly a non-intercourse with the atlantic states; even if it had been general, while it is believed to have been but very partial; it is, however, a proposed mean, in effect, for banishing money, from the country, under the absurd idea of rendering it more plenty, by starvation, or barter. As if to render money useless was the way to make it plenty.

It may be true, that before money was brought into use, ex. changes, constituted the barter, or traffic, of rude tribes of uncivilized men. With money, of whatever it was made, commenced merchandise--for then there was a common measure, by which to regulate exchanges, and to liquidate balances.

Money, being once recognised, as the measure of the value of things, became hence their equivalent-in reality, their representative, and substitute: and by consequence, the object of desire, with all men, and in the same proportion, a stimulus to their industry, care, and ecomomy. Not as a thing which they could eat, drink, or wear, or which would directly gratify any one appetite; but, either directly, or indirectly, convertible into any thing, and every thing, that a man could desire. How to obtain it, has therefore been a subject of perplexing inquiry, with political economists, and superficial legislators, in most civilized nations, for ages. The prudent man knows, that it is effected by industry, and care, under a government whose administration ensures punctuality in payments; and that otherwise, it eludes every inquiry. In vain, are non-importation and non-consumption associations, or laws. Absurd are combinations against merchants. Compel those who consume, to pay for what they buy, and their intercourse with merchants will never injure them; although they deal not in the exchange of articles, but sell for money only. Leave it to the grower or manufacturer of the article, and his merchant, to settle the terms of their dealing; and it will be adjusted, to their mutual convenience.

To limit consumption, or restrain commercial intercourse, between citizens of the same country, with the view of making money plenty, or of preventing the ruin of the people, is a mistake in policy, of the grossest kind. The people need but one sumptuary law; and that may be written in two words, "Pay punctually."

The next resolve of the Bourbon meeting, is the result of sound sense; they say, "We will encourage the raising of sheep, the cultivation of hemp, flax, and cotton--and promote home manufactures of every kind:" which with the addition of four words as far as prudent," would have been perfectly unex ceptionable.

But there is no danger of too much being done in pursuance of the course suggested. It was not generally adopted thennor even yet, is it overmuch practised.

On the 1st of June it is to be remembered, the second, called the new, constitution of Kentucky, took effect: it may be said, without even an emotion, much less commotion. The last governor, under the first constitution, was elected to the same office, under the second; the lieutenant governor, a new officer, and ex-officio, speaker of the senate, who was Alexander S. Bullitt, and also the members of the general assembly, had been elected also at the sante time, agreeably to the ordinance of the convention, without opposition to the change. Such is the benign influence of the great republican principle of free states, "that the will of the majority expressed according to the constitution, is the law of the land, to which all are in duty bound to submit." This is the principle, which every citizen of Kentucky should impress upon his own heart, and upon the heart of his son. It is the equivalent of declaring unconstitutional laws, void; and of admitting the constitution, to be paramount, to all acts of the legis ture; and although alterable by a majority of the whole pecple, yet in no other way, than that prescribed in the constitution. Give these principles complete effect--place them under the guarantee of good faith, supported by adequate penal sanctions, with a firm executive, and judiciary, to enforce them; and a constitution may be preserved, without difficulty, as to good citizens, and in defiance of the bad. Than which, nothing in political science, nor in social intercourse, is more important. It is the foundation of confidence; as the constitution itself is the foundation of all legal obligation; contradistinguished from moral obligation. Why is moral obligation, ever during and ever binding, on mankind, in all situations? It is, because it has its foundation in a perfect and permanent law, prescribed by our creator. Being a constitution of cause, and effect, which requires no amendment, and which no majority can alter. While the obligation of that, which can be altered, may be impaired, perverted, or annihilated. And hence the importance of giving to the constitution of government, all the stability of which it is susceptible. Not only because it is itself a compact, in which the whole people have agreed with each man, and each man with the whole people, that they reciprocally

« ПретходнаНастави »