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without engaging in pursuit of others, thereby consuming the public treasure and the time of the representatives of the people, in investigating subjects not strictly within the sphere of their duty: and inasmuch as the expression of an opinion by the general assembly, upon the guilt or innocence of Harry Innis, Esq. in relation to certain charges made against him, would be a prejudication of his case-if in one way, would fix an indelible stigma upon the character of the judge, without the forms of trial, or judicial proceeding; and if in the other, might embarrass and prevent a free and full investigation into those charges: Wherefore,

"Resolved by the General Assembly, That it is improper in them to prescribe to congress any course to be taken by that body in relation to the said charges, or to indicate any opinion upon their truth or falsehood.

"Resolved, That the constitution and laws of the land, securing to each citizen, whether in or out of office, a fair and impartial trial, whether by impeachment or at common law, the example of a legislative body, before the commencement of any prosecution, expressing an opinion upon the guilt or innocence of an implicated individual, would tend to subvert the fundamental principles of justice."

These being put to the vote, were negatived. But it would have been too great a concession, to such a federalist as Marshall, and who, within the rules of decorum, had made quite free with the honourable judge, yet a precious member to his party, to have adopted the resolutions with the preamble as proposed by him: while, nevertheless, they were supported by such irrefragable proofs, as not to be rejected: they were therefore paraphrased, by Mr. William Blackburn, and offered in the following terms, to wit:

"Inasmuch as it has been deemed expedient, to express the public opinion on subjects of general concern, as the means of union among members of the same community, or as indications of the public will, serving as guides to public servants in

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their official conduct; and whereas from representations made to the general assembly by the introduction of a resolution, and upon the application of Harry Innis, Esq. by letter directed to the speaker of the house of representatives and by him laid before that house praying an examination into the charges exhibited against him in said resolution, and from evidence to them exhibited, it appears that the said Harry Innis, Esq. while sole judge of the federal court for the Kentucky district had knowledge of various intrigues and secret negotiations having been at different times carried on by the agents and emissaries of a foreign government with citizens of this state, hostile to the peace and tranquillity of the union; particularly in the case of the Baron de Carondelet, and in the case of Thomas Power, agents and emissaries of the king of Spain: and the said Harry Innis, Esq. possessing a complete knowledge of propositions having been made to himself and others, citizens of the western country, by the said Carondelet and Power, which had for their object the dismemberment of the union; and having failed to communicate to the federal executive or to take any measures of prevention, as by the duties of his of fice he was bound to do; and the conduct of the said Harry Innis, Esq. in this particular having been such as to excite great public discontent, and a suspicion that he participated in the intrigues and secret negotiations aforesaid:

"The legislature deem those circumstances in the conduct of the said Harry Innis, Esq. as furnishing an occasion of sufficient magnitude to interest the attention of the representatives of the people of Kentucky, and to call forth the expression of their opinion. Therefore,

"Resolved by the Senate and House of Representatives, That the conduct of the said Harry Innis, Esq. relative to the secret negotiations of the said Carondelet and Power, ought to be inquired into by the constituted authorities of the United States.

"Also resolved, That the governor of this state be requested to transmit a copy of the foregoing resolutions to each of the representatives of this state in the congress of the United States."

Mr. Marshall, regardless of the variance, as the substance was retained, made no objection to this as a substitute: the vote was taken, it adopted, and finally passed: leaving it to be inferred, that whatever errors had troubled the head of the judge, his heart had participated largely in the most culpable of them. In vain, however, did the senate concur, except that in form, the character of the state, though tardily, if not re luctantly, was vindicated from a participation in Judge Innis' crimes, by open connivance, or tacit approbation. One circumstance is very remarkable: the preamble to the resolutions which were adopted, omitted to include in the censure, the intrigue of Lachaise, the French emissary; and of course, the knowledge and concealment of it by the judge. As to any ulterior measures, however, it all amounted to the same thing. The grand magician had stretched out his wand, over the head of the judge; on it was inscribed, "AN ENEMY TO The federal GOVERNMENT—HE HAS BEEN FAITHFUL TO ME:" and impunity was ensured, while all further inquiry was abandoned. And such is the magic spirit of the party, that the country continues to adore the head, and kiss the hand which disgraced it then; and whose opinions still continue to distract its people, and add new embarrassments to their condition. Verifying an eternal truth, that every departure from truth and honesty, which lead to happiness, is an approach to falsehood and dishonesty, unfailing causes of social and individual misery..

Judge Innis, as he retained his office, is thought of sufficient importance to justify the mention of the fact, sued Humphrey Marshall, for publishing of him, “that he was a weak and partial judge, an enemy to his government, and one whom he ranked with a Sebastian, a Blount, and an Arnold." And such was his reliance upon the countenance and support of party, that it must be supposed he expected to get a verdict in his favour: his damages were laid at many thousand dollars. A trial at length was had; which occupied ten or twelve days, and terminated in a divided jury: in which it was understood, there were five for finding something for the judge, were it but a cent; the others said, No, not a cent. The case afterwards

went off, each party paying his own costs.

The acts of this session will next be attended to, as far as it may be deemed expedient.

A new county was erected, to have effect from and after the first day of April, 1808, to be called ESTILL. "Beginning at the mouth of Drowning creek, thence up the same to the Red lick; from thence to the line of Clay county, at the head of the Horse Lick creek; thence with the same line to the Kentucky river; thence up the same to the Clarke and Montgomery county line; thence with the same to Red river; thence down Red river to the Kentucky; and up the same to the beginning."

"An act fixing the ratio, and apportioning the representation for the next four years," fixed the first at seven hundred qualified voters, and the last at seventy representatives, for the whole state; distributed as follows, viz:

"From the county of Adair, one representative; from the county of Barren, two; from the counties of Boone and Gallatin, one; from the county of Bracken, one; from the county of Breckenridge, one; from the county of Bullitt, one; from the county of Bourbon, three; from the counties of Campbell and Pendleton, one; from the county of Cumberland, one; from the county of Clarke, two; from the county of Casey, one; from the county of Christian, two; from the counties of Clay and Floyd, one; from the county of Fleming, two; from the county of Franklin, one; from the county of Fayette, three; from the county of Garrard, two; from the county of Greene, one; from the counties of Greenup and Lewis, one; from the counties of Henderson and Hopkins, one; from the county of Henry, one; from the county of Hardin, two; from the county of Harrison, one; from the county of Jefferson, two; from the county of Jessamine, one; from the county of Knox, one; from the county of Logan, two; from the county of Livingston, one; from the county of Lincoln, two; from the county of Madison, three; from the county of Montgomery, two; from the county of Mason, two; from the county of Mercer, two; from the county of Muhlenberg, one; from the county of Nelson, three; from the county of Nicholas, one; from the county of Ohio, one;

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from the county of Pulaski, one; from the county of Shelby, three; from the county of Scott, two; from the county of Woodford, two; from the county of Wayne, one; from the county of Washington, two; from the county of Warren, two." The Paris Library company was incorporated.

An act to prohibit the reading reports of cases decided in Great Britain since the 4th of July, 1776, as authority in the courts, passed at this session.

It having been enacted, 1806, that the annual meeting of the general assembly should be on the fourth Monday of December, an act was passed to repeal that, and to fix on the second Monday in the same month, for its annual meeting.

An act of this session, limited the time within which coloured people claiming their freedom, under Pennsylvania or Virginia laws, to two years from the passage of the act: providing for renewal in case of nonsuit, &c.

The court of appeals were authorized to procure reports of their decisions, where they were thought useful, and to certify what would be a reasonable allowance to be paid for them..

"An act to prevent the future migration of free negroes and mulattoes to this state," was the offspring of this year.

The act was to operate on all persons of the above description, who should come into the state after the first of May, 1808. Jurisdiction was given to arrest such persons, to require each to enter into recognisance of five hundred dollars, to appear at the next county court, and in case of failure, to commit the delinquent until court: the court to examine, and if they find the party has come contrary to the law, they are to require recognisance in five hundred dollars, conditioned to depart the state within twenty days, never more to return. In each case of a recognisance, one or more good securities were required: that is to say, an impossibility. Who would be seIcurity for a poor outcast—a stranger-an exile? But such is the fate of men not represented in a majority of law makers, often regardless of the rights of others, and even of the first principles of humanity.

These were acknowledged free people-disregarding both age and sex. What then, is it to be a free man? And how

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