1

and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.

"3. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indict ments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other

cases.

"9. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seizures and searches; and that no warrant to search any place or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirma tion.

"10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favour; and, in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the Jand.

"11. That no person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land and naval forces, or in the militia when in actual service, in time of war or public danger, by leave of the court, for oppression or misdemeanor in office.

"12. No person shall for the same offence be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.

13. That all courts shall be open, and every person, for Q*

VOL. U.

any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial or delay.

"14. That no power of suspending laws shall be exercised, unless by the legislature or its authority.

"15. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

"16. That all prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident, or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

17. That the person of a debtor, where there is strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

"18. That no ex post facto law, nor any law impairing contracts, shall be made.

"19. That no person shall be attainted of treason or felony by the legislature.

"20. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth.

"21. That the estate of such persons as shall destroy their own lives, shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

"22. That the citizens have a right in a peaceable manner to asemble together for their common good, and to apply to those invested with the powers of the government for redress of grievances, or other proper purposes, by petition, address, or remonstrance.

623. That the rights of the citizens to bear arms in defence of themselves and the state, shall not be questioned.

"24. That no standing army shall, in time of peace, be kept up without the consent of the legislature, and the military shall in all cases, and at all times, be in strict subordination to the civil power.

25. That no soldier shall, in time of peace, be quartered any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

in

"26. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment to which shall be for a longer term than during good behaviour.

"27. That emigration from the state shall not be prohibited. "28. To guard against transgressions of the high powers which we have delegated, wE DECLARE, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this constitution, shall be void.

"SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained:

"Sec. 1. That all laws of this commonwealth in force at the time of making the said alterations and amendments, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made.

"2. That all officers now filling any office or appointment, shall continue in the exercise of the duties of their respective offices or appointments for the terms therein expressed, unless by this constitution it is otherwise directed.

"3. The oaths of office herein directed to be taken, may be administered by any justice of the peace, until the legislature

shall otherwise direct.

"4. The general assembly, to be held in November next, shall apportion the representatives and senators, and lay off the state into senatorial districts conformable to the regulations prescribed by this constitution. In fixing those apportionments, and in establishing those districts, they shall take for their guide the enumeration directed by law to be made in the present year, by the commissioners of the tax, and the appor

tionments thus made, shall remain unaltered until the end of the stated annual sessions of the general assembly in the year eighteen hundred and three.

"5. In order that no inconvenience may arise from the change made by this constitution, in the time of holding the general election, it is hereby ordained, that the first election for governor, lieutenant governor, and members of the general assembly, shall commence on the first Monday in May, in the year eighteen hundred. The persons then elected shal! continue in office during the several terms of service prescribed by this constitution, and until the next general election, which shall be held after their said terms shall have respectively expired. The returns for the said first election of governor and lieutenant governor shall be made to the secretary, within fifteen days from the day of election, who shall, as soon as may be, examine and count the same, in the presence of at least two judges of the court of appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election: and if any persons shall be equal and highest on the poll, the said judges and secretary shall determine the election by lot.

"6. This constitution, except so much thereof as is therein otherwise directed, shall not be in force, until the first day of June, in the year eighteen hundred; on which day the whole thereof shall take full and complete effect."

Monday, November the 4th, a quorum of the legislature assembled; and on the next day, the governor made his communications. The topics are all local, except that he notices the resolutions passed at the last session, which having been sent to the different states, had in a variety of instances, been acted upon, and the results transmitted-these he promised should be laid before the two houses. He also represented, as he had at the former session, that the revenue was materially deficient.

John Breckenridge, now the favourite, was chosen speaker of the house of representatives.

At this session, the seat of John Smith, a member of the house of representatives, was declared to be vacant, because, having been sheriff of Franklin county, he had not obtained his quietus from the auditor of public accounts. Similar facts were reported as to two other members, who probably shared the same fate. But Mr. Smith again offered himself to the people, and was elected by them.

The resolutions of the different states responding to those of Kentucky, on the subject of the alien and sedition laws, above alluded to, having been sent to the house, were taken up: and never, probably, was an experiment, less satisfactory, than that which had been made on the sense of the nation, relative to the character, quality, and faculties, of the general government, as to these laws. Virginia was the only state who approved of the doctrines advanced by Kentucky, as detailed on a former page of this history--of course, the only one who was reciprocated in turn by her. A majority of all the states had disapproved; and some in terms less courteous than appeared to be agreeable to the great men of the time: who however, in an impaired energy of resistance, and in an altered tone of sentiment, betraying somewhat of that awkwardness which proceeds from a conviction of error, without the grace of retraction, terminated an effort at justification, by a protest against the two obnoxious laws, And thus ended the chapter, in the legislature.

In a survey of the Kentucky river, by Martin Hawkins, from Frankfort to the mouth, exhibiting each rapid, in its extent, and descent, the total of all united, is, forty-nine feet and four inches fall, on the whole extent of four thousand five hundred and fifty yards; broken into seventeen or eighteen different falls, of unequal lengths. This representation, was accompanied by an estimate of the expense necessary to make each navigable; amounting in the aggregate to "nine hundred and twenty dollars." Suggesting at the same time, that ten thousand dollars would remove all obstructions to the navigation of the river, throughout its whole extent; and that there were persons ready