"Gentlemen of the Senate, and Gentlemen of the House of Representatives:-

"Permit me to avail myself of this, as the earliest and most fit opportunity of expressing to you, and through you, to your and my constituents, the freemen of this state; the grate ful sense in which I hold their late and very general expression of confidence, in my election to the chief magistracy; and of assuring you and them, that to deserve their confidence, and to discharge with fidelity the high trust reposed; as it is the object of my first wish, so it shall be the subject of my best and most devoted energies."

"That information, gentlemen, which it is my duty to communicate concerning the state of the commonwealth, must necessarily be circumscribed from the short time in which it has been my privilege to make the appropriate inquiries. I am happy however, to be able to say, that the commonwealth is in a prosperous and flourishing state--progressing in agriculture, manufactures, and commerce-in harmony with her sister states--pursuing like them, those principles of genuine republicanism which as they minister to good order and social happiness in each state, strengthen the cords of our confede racy, and promote the prosperity and grandeur of the American nation; like them she is emulous of becoming a prominent and weighty link in the federative chain; nor can her pretensions to conspicuity in the union be thought visionary by those who consider her present attainments, and judge of the future, from the past: But a few years ago, within the recollection doubtless of many of you, was this country a wilderness, unvisited by civilization or science--Now science, civilization, commerce, and all the arts which facilitate and sweeten human intercourse, not only exist in an advanced state, but are cherished and promoted by our government. Commerce, without which a pacific nation may be wise, virtuous, and happy, but never splendid, has already, notwithstanding the late occlusion of the port of Orleans, and our tenure by courtesy, of the Mississippi, unfurled her sails on our rivers, and rode in our har bors a pleasing preṣage: Now that those obstacles are removed by the late acquisition of Louisiana, may we not expect her amplest influence."

"We are not less happy, gentlemen, in our civil than in our commercial and other relations: there seems to exist a love of order, a prevailing respect for the constitúted authorities, and a growing disposition to support and aid them in the due execution of their respective functions. The laws in the general seem to have been competent to their purposes: no very signal infraction of them has marked the present year.

"Criminal offences have not been multiplied-on the con trary, it is believed they have been more rare in the present than in former years: May we not hope that by a continued vigilance of legislation, the catalogue of offenders will be gradually diminished, and that description of people taught, that their best policy and truest interest is, in a strict obser. vance of the laws, moral and municipal. This object so im portant in a political, and so desirable in a benevolent point of view, cannot I am persuaded be promoted by any mean, so effectual as by the attention of the legislature to the judiciary establishment, and those laws which direct the mode of proceeding in criminal as well as civil cases: of this subject, gentlemen, let me solicit your particular consideration; it is one of primary importance: for I am persuaded it is essential to the wellbeing of any government, that its judiciary be enlightened, virtuous and independent; that its system of jurisprudence be not only well concerted, but stable in its texture, and of such durable aspect as to conciliate confidence; that the power the judges be well defined, and their salaries competent."

of

"Gentlemen: Believing as I do that in a government like ours, it is essential as well for the purpose of quelling faction, and enforcing the laws, as repelling invasions, to have a well organized militia; let me also solicit your attention to the laws on that subject."

There was in the speech, a complaint of a deficiency in the revenue; and a recommendation, that those who had forfeited their land, by not entering it for taxation, should have the land restored, on entering it, and paying the taxes and costs. The public collectors were charged with negligence, if not fraud, in Y*

VOL. II.

their department. Recurrence is had to the present state of the country, as presenting images of hope and happiness-says that he has spent the prime of his life in it, and expects to make it the asylum of his declining age. And in the spirit of these sentiments, the governor takes his leave; and retires.

The first act to be noticed, is one, for the relief of Clarinda Allington. She had been a prisoner with the Cherokee Indians, and as she alleged, compelled by a chief to marry him, and have three children by him; but deserting with her children, she had taken refuge in Kentucky: and on application to the general assembly for assistance, she was allowed an ANNUITY for three years. This is the first instance of a pension, if so it may be called, found in the legislative record.

A library company formed in Lancaster, was incorporated by an act of this session.

"An act to amend and repeal in part, an act entitled 'An act incorporating the Lexington Insurance company;"" is cited, as evidence of legislative practice upon corporations, as well as other contracts, affecting private rights.

"An act to incorporate the Ohio Canal company," takes date at this session: having for its object a canal at Louisville. It has not been operative.

The promulgation of the opinions of the court of appeals, was provided for by law. The method adopted, was by directing the clerk of the court to furnish the public printer with a copy, to be by him printed; and copies for judges, &c. deli 'vered to the secretary; &c. &c.

Acts for five or six divorces, founded upon the common complaint, in such cases, desertion, and adultery, were passed; requiring, nevertheless, the facts to be found, by a jury.

Other acts for relief, of both a public and private nature, were enacted; to the amount of about one hundred and six. A portion of these, were to legalize acts of courts, or officers; some to remove seats of justice; others concerning towns, roads, obstructions of water courses, inspections, &c. &c. beyond the span of this history; and but repetition, or useless variations, in many instances, were they inserted.

The disbursements at the treasury, in the revenue year ending 3d of November, about forty-nine thousand dollars: there remaining upwards of three thousand dollars, of warrants for money unpaid; for want of the cash. Amount of delinquences, the same day, at the treasury, on the part of sheriffs, &c. &c. in all, ninety-six thousand three hundred and thirty-four dollars, and twenty-two cents. This was the accumulation of ten years.

[1305.] The year 1805, is next to be interrogated for its historical productions.

It is not unworthy of notice, that the second term of Mr. Jefferson's presidency, commenced on the 4th of March, 1805; with George Clinton, vice president. Colonel Burr, the counterbalance of Mr. Jefferson, four years previous, by the united vote of the same party; had, in the preceding year, detached the party, or himself, by irreverend speeches, affecting Mr. Jefferson's administration, &c. &c.; else, possibly, his killing Col. Hamilton in the same year, might have ensured to him, a repetition of the vice presidency. But, although the one offence was pardonable, the other was not; and Burr, after finding himself exiled, from party, and from home, abandoned himself to profligate schemes, and visionary greatness: in the pursuit of which, he turned his attention westwardly. Of which, more will be said in its place.

The trial of Judge Chase, was brought to a close, and he acquitted. There were thirty-four senators, who voted on the eight articles of impeachment. The question upon each, was, "Guilty, or not guilty?" John Breckenridge, was against him on seven of the charges; John Brown, the other Kentucky senator, on "four." The highest number for "guilty," on any charge, was nineteen;-while it required twenty-two, to convict him. And thus ended the efforts of the party, then, and still, "dominant," against the federal judiciary. Had success attended the effort against Judge Chase, there were then well grounded apprehensions, that the rest would have been put to a similar trial, and shared the like fate: But the failure as to him, checked the malignant fever, and stopped the epidemic.

May the 25th, Colonel Burr was in Frankfort; having been preceded by conjectures, that he was one of a company who were about to open a canal on the Indiana side, to pass the falls of Ohio, and a rumour that he was appointed governor of Louisiana. He rather affected privacy;-but was seen, admired, and talked of, by some of his choice spirits. His stay was short. He was on the look-out; and progressed southwardly visiting, it is believed, Nashville, Natchez, New Orleans, St. Louis, Vincennes, and Ohio; previous to his return to Lexington, in August, on his way to the eastward. In the mean time, it was said, that the government of Indiana had not only passed a law for the canal, but had also authorized this ostensible "canal company," to become bankers, on the canal stock; and that John Brown, of Frankfort, was concerned in the project. This may be considered, as the first scheme devised for the purpose of raising money, to further the ambitious projects of Colonel Burr, in the western country. It did not succeed very well; "canal stock," commanding but little cash. While the wanderings of Colonel Burr, a bankrupt in honest fame, and real fortune, had excited suspicion, and extorted remark, in different parts of the United States. But the further manifestation of his project, is postponed, until the next year.

Monday, the 5th of November, the legislature assembled, by a quorum of each department; and proceeded to business. In the first week of the session, John Adair, Esq. was elected to the senate of the United States; in the place of the Hon. John Breckenridge, who resigned, to become the attorney general, and a cabinet counsellor of the United States.

Under the title of "An act to amend the act incorporating the Ohio Canal company," a new act was made, of fourteen pages, and twenty-nine sections: shewing, at least, that the legislature disregarded both labour, and expense, of writing, and printing, in their department; upon so grand and translucent a subject. While the effect of the second act, like that of the first, has been to occupy more space in the book, than extent in the canal.