returned fifty-three for, and one hundred and two against a convention; the other returned one hundred and seventy-two for, and none against: the constitution, not requiring in fact, that any should vote against the convention; or that any notice should be taken of such votes, if they did: a majority of the votes given in the state, being required, to authorize a convention.

General inferences deducible from the facts disclosed in the foregoing table of votes, in relation to popular opinion on this subject, may with propriety, be applied to such opinion on any other speculative subject. Popular opinion, in Bourbon county, appears to have been in favour of a convention, to reform the constitution, as eight hundred and thirty-three, is to one thousand one hundred and thirteen--that is, about one and one-third for, and one against a convention.

In Bullitt county, the whole number of votes is two hundred and forty-seven; of which, ten were for a convention; the proportion is, as one for, and about twenty-three against.

And so of the rest, with constantly varying results. But the people every where are the same kind of beings, taken in mass-have a common attachment to their rights and liberties; and in proportion to their individual possessions and prospects, are interested in the peace, liberty, and prosperity of the country. How does it happen then, it may be asked, that their opinions vary so much about their constitution, or fundamental act of government, upon which every thing is supposed to depend? There is much reason to believe, that the correct answer lies in this

That the great mass of mankind in all countries, Kentucky not excepted, where, it is nevertheless contended, there is as much, if not more intelligence in this description of the population, and which excludes those extraordinarily endowed with mental gifts, as in any country; are in fact and in truth, incapable of acquiring from the means they possess, the information, as well as of making the investigations, and deductions which are demanded, in order to come to a right judgment.

The inevitable consequence is, that they are dependent upon others, comparatively a few, for their opinions, of such compli cated subjects, as a constitution; and generally, of all publie

measures.

The opinions of the many, are therefore but the opinions of the few-and the opinions of these, are the combined results of personal character, and actual circumstances. Not only every county, but every neighbourhood, furnishes one, or more, who are free and fond, to propagate his, or their opinions. Some, who have formed correct opinions, and from benevolent motives-many more from vanity, ambition, opposition, avarice, or the desire of distinction, and of attaining office, honour, and emolument, propagate opinions, with a view to promote their several objects. Hence we have some well-informed men, and correct politicians, and hundreds, very ill-informed, but yet knowing more than the generality, become their preceptors and intending to profit by their practice, they smell out the current, or bias of opinions, throw themselves into it for the time, float with it, court the people, that is, the great majority, and presently become their leader. The way is open, plain, and beaten. The streets of the capital, not more obvious. And without more detail, or description, this will account for the diversity of opinion among the people, on the subject of calling a convention, to alter the constitution.

It will be hereafter seen that with all the stimulation produced by the cry of aristocracy, &c. the constitutional majority of votes were not obtained from the people to authorize a convention-and that it was called upon a different principle→ by those nevertheless, who professing to obey "the will of the people," really followed their own; as demagogues generally do, in such a government.

To conclude the transactions of the year, it is stated, that the amount of revenue paid and due the treasury, was twentyone thousand three hundred and seventeen pounds; including ten thousand and seventy-eight pounds, eighteen shillings and four pence, of unpaid balances. Available funds-eleven thou

sand two hundred and twenty-nine pounds, one shilling and eight pence.

Expenditures for the same year, as evidenced by the issue of auditors' warrants or orders on the treasury, eleven thousand two hundred and twenty-eight pounds, one shilling, and eight pence half-penny. Leaving the revenue deficient-even the members of the legislature, were unpaid; and taking certificates of the balances due, had to, pledge them, for their per sonal expenses,

A state of things, by no means resulting from the inability of the country to pay; but partly from parsimony, or the love of popularity, which circumscribed taxation, with too close a hand-in part from the influence which the sheriffs, who were the collectors of the revenue, had in the elections, and the consequent indulgences which they received, as delinquents--but especially to the frequency, and extent of those delinquen cies. They being but effects, in many cases, of those indulgences, with which the sheriff bought his popularity—but very often the result of his applying the public money to his own private uses.

Such were the consequences of rendering the sheriffs eligi ble by the people. Of which they become so sensible, that they surrendered the right, in forming the second constitution.

CHAP. VI.

Legislative proceelings-Penitentiary established--Reflections on it — Other acts of a public nature--State of affairs with France, and return of Pinkney and Marshall-effect in the United States-Opinions in Kentucky-The general election--Expression of public sentiment for and against Convention-Acts of congress called, the alica an Isedition laws--Governor's specch--Breckenridge's resolutions, and other proceelings, &c. &c.

[1798.] THE January session of 1798, will be memorable in the history of amelioration and reform in the legislation of Kentucky. The sentiment upon which that reform is predicated, had manifested itself and been spreading by insensible degrees among the people of the country, for some years. It was a sentiment of humanity, combined with liberality, which induced different philosophers, half a century before, to turn their eyes on the penal code of Europe and America; induced so to do by observations on its effects, which were but too sanguinary; and much the same in all parts of Christendom: having for its object, the annihilation, rather than the reformation, of the offender. Eeing by various writers taxed with impolicy, as well as with cruelty; it was proposed to be mitigated, by a system of reform, founded upon the principle, of proportioning punishments to their relative crimes. Of all those who took up the pen on this interesting subject, none handled it with a more truly philisophic spirit, than the Marquis of Bacaria; whose book on crimes and punishments, not only enlightened his own country, but extending its benign rays throughout the civilized world, became the first, it is believed, to make converts in the United States; where its principles have in a manner become predominant.

It was at this session that Kentucky adopted them, in an act entitled “An act to amend the penal laws of this commonwealth." Out of which grew the penitentiary system.

The penal code of every country, is doubtless, of the greatest importance to the peace, good order, and security, of the

community; and also to the safety of individual life, liberty, and property. The danger of relaxing old laws, and established customs, is, of going into the opposite extremes. This was obviously the case in Kentucky. It was not deemed sufficient, to substitute the penitentiary for the gallows; but it seemed as if it was intended to diminish the horror of committing some of the most atrocious crimes, such as, rape, and house burning, by reducing their punishment to confinement and labour-while nothing but murder in the first degree, was to be pur ished with death.

This was not all; the punishments prescribed were so moderate, as at once to render them tolerable in the mind of every man who had not higher motives than the fear of punishment, to guard him against the perpetration of crime. Even high treason, might be expiated by six years confinement--nor could its punishment be extended, to more than twelve years.

Murder in the first degree, was defined and limited, to a few particular species of that crime; and all other kinds of homicide. were reduced to offences punishable in the penitentiary, for not less than five, nor more than eighteen years.

Rape, could be atoned for by four years confinement; which might at the discretion of the jury, be extended to twentyone years.

Horse stealing, was punishable by confinement from two, to five years.

Grand larceny, the theft of any sum over four dollars was punished by confinement from one, to three Petit larceny, might seclude the culprit, from six months to

a year.

years.

These are specimens. It is believed, that the system, although, erected upon correct principles, has mistaken, as to the higher crimes especially, both the justice, and the policy of punishment; and that the effect has been of a highly demoralizing tendency.

The misfortune is, that in popular government, when public. sentiment is once corrupted, there is nothing to recover it, or bring it back to a just standard; for every energy of the go