party was removing out of the county privately, or that he so absconds, or conceals himself, that a warrant cannot be served upon him."

The county court, was to hold a monthly session in the court house, or other place assigned by law, where there was no court house any three justices to be a quorum; with power to determine all causes depending in such court; and the right to adjourn from day to day. They were to take cognizance of all cases of wills, letters of administration, mills, roads, the appointment of guardians, and the settlement of their accounts; the admission of deeds, and other writings to record; and such other matters as are not made cognizable by the court of quarter sessions.

A court of quarter sessions, was also established in each county, to be held at the places respectively fixed on for holding the county courts, and on the same days each, four times in every year: thereby displacing for the time, the county courts they were to sit six judicial days at every term, if the business required; they were conservators of the peace, and might punish contempts of their authority, in any matter before them.

They had power to hear and determine all causes whatsoever, at the common law, or in chancery, within their respective counties; criminal cases, extending to life or limb, excepted. They took cognizance of escheats, and forfeitures--and they might award writs of ne exeat, injunction, and habeas corpus; while any justice might take recognisance of special bail, and issue attachments against the goods of absconding debtors. They were to empannel grand juries-to be attended by the sheriff and other officers, as formerly--taking for their guide such rules of proceeding, as had been observed in the former courts of quarter session, and the district court: and they were respectively to appoint their own clerks.

Where any person, not being a slave, was charged upon oath before a justice, of a court of quarter session, with having committed any criminal offence, which in the opinion of such justice ought to be examined into by the court, he was to commit

the person charged, 'to the county jail; issue his warrant to summon the other justices to meet at the court house, on a day certain, not less than five nor more than ten days from the date; to hold a court for the examination of the fact; and to consider, whether the prisoner should be discharged, or tried in the court of quarter sessions, or sent to the court of oyer and terminer. In either case of trial, the witnesses were to be recognised to attend. The defendant was entitled to process for his witnesses, to have them served by the sheriff, &c.: upon which the witnesses were required to attend, as in other

cases.

Judgments of the criminal kind, in the courts of quarter sessions, extended only to fine, and imprisonment. In cases, affecting life or limb, the prisoner was sent to the public jail; and thence taken, by order of law, to be tried by a jury of twelve men, upon an indictment of a grand jury, in the court of oyer and terminer; and which consisting of three judges, was to hold two terms in the year; and from whose decision, there was neither appeal, nor writ of error.

The court, had jurisdiction, to hear, and decide, in all cases of treason, murder, felony, and other crimes and misdemeanors, which should be brought before them: under the laws of the commonwealth.

The outline here drawn, is believed to be sufficiently minute, and distinct, for the purpose of history; especially, as the subject is familiar to every reader; while it is to be seen in all its details in the statute itself. There is, however, a further task to be performed, of no small moment to such as desire to penetrate into the mystery of the frequent changes which have taken place in this department of the government; forever so intimately connected with the repose, the safety, and the prosperity of the people-and this is to be executed, by a like sketch, of those changes themselves.

There were some circumstances which transpired on the passage of the original act, which merit commemoration, as they present a feature of the times. It was then said, that the draft of the bill was furnished by the attorney general; drawn

as to the organization of the different courts, so as to leave the appointment of the judges of each, under the constitution, with the governor, and senate.

Conformably to this idea, and regarding the important juris dictions about to be vested; the bill denominated those, who were to fill the court of quarter sessions, "judges;" and it so passed the two houses. After it was presented to the governor, for his consideration; either himself, or else some familiar prompter, had the sagacity to discover, that if the courts should be filled with JUDGES, the incumbents would be excluded, by the constitution, from holding seats, in the legislature. The governor, at once comprehending the profundity of the sug gestion, if not of his own making, and yielding to its import, returned the bill, with that, as his reason for not signing it.. The matter, was however, easily accommodated. The legisture, at the time, containing a large proportion of “justices of the peace;" who were indeed, constitutionally eligible under that title, and who, accustomed under the Virginia system, to hold quarter sessions, and a seat in the legislature, would no. doubt, like still to do both-very promptly perceived the force of the governor's argument, and amended the bill; by striking out the term "judge," and inserting in its place, "justice of the peace." It was not worth while to encumber the journal with it, and probably it is not there. But as an evidence of the fact, reference is made to the printed law, section the eighth, where the word "judge," escaped, from the general destruction of its kind, like one of Job's men, to vouch for the fact, if not to tell the news.

By this manoeuvre, the way was opened, and the foundation laid, for a violation of the constitution; as incorrect in effect, as it was gross, and reprehensible, in its motive. The judicial, and legislative powers were thus united in the same persons, in a great number of instances; as justices of the peace, holding quarter session courts, with a jurisdiction, coextensive with common law, and chancery, they were often elected mem bers of the legislature; where they could give themselves powers, privileges, emoluments, and immunities. Nor was it before

the session '94, although previously attempted, that "quarter session judges," could be excluded from "the house of representatives." Because they had been commissioned, "justices of the peace," not "judges."

Giving an example, of the little respect paid to one of the fundamental principles of free government, the division of power, most explicitly laid down, in the constitution of Kentucky. Thus early, affording auguries, of the frequent violations since inflicted, on that instrument; and of the futility of the idea, that the people themselves, are its proper, and only guardians. As it was the people who elected these "justices," to become "legislators;" after they had been commissioned judges in fact.

The other act, referred to, is entitled, "An act to amend an act entitled 'An act to establish district courts in this commonwealth."" This act, established a general court, to be held at Frankfort half yearly, by the judges of the district courts, or such of them, as should attend. It was therefore, a court, or no court, as the judges pleased; and such it has in a manner remained.

To this court, jurisdiction was given in all causes, suits and motions, against public debtors, sheriffs, clerks of superior, and inferior courts, collectors of public money, and public debtors of every denomination; for, and in behalf of the commonwealth. It was to appoint its clerk, who was to receive for his services, such fees, as the clerks of the quarter session courts, received.

Many provisions were in this act concerning the district. courts; some new, and some but repetition. One thing however, deserving notice, is, that the criminal jurisdiction, was again dispersed, among the several district courts-each of which, were to exercise it separately, and to the extent of the district. Details are omitted-all former laws, within the purview of this act, were repealed: it only filled five pages.

At this session, of 1796, there were other important, and extensive laws passed, affecting the administration of justice, in the various courts-the titles to which, will be recited, as indicative of their objects; and but little else said; both for

want of room, and because details of practice are not required. The titles are as follow:

1st. "An act to reduce into one, the several acts, or parts of acts, concerning limitations of actions." Containing three pages.

2d. "An act to reduce into one the several acts concerning the examination and trial of criminals, grand, and petit juries, veniries, and for other purposes." Containing sixty-one sections, and twelve pages.

3d. "An act to reduce into one the several acts for preventing vexatious suits, and regulating proceedings in civil cases." This act has forty-five sections; and with a prelection of acts affected by it, fills twenty-two pages, and is without a repealing clause.

4th. "An act to reduce into one the several acts directing the rules and proceedings in the courts of chancery." This act has thirty-eight sections, and occupies seven pages.

5th. "An act to reduce into one the several acts, and parts of acts concerning executions, and for the relief of insolvent debtors." This act is divided into thirty-eight sections, and fills nineteen pages.

It has already appeared that an act passed at this session, establishing the court of appeals, without any reference to the law, or the court, then and previously in existence. And which is now mentioned, merely in its order.

6th. "An act directing the method of proceeding in courts of equity, against absent debtors, or other absent defendants, and for settling the proceedings, on attachments against absconding debtors." Occupying only about five pages, and ten sections. This act is chiefly repetition.

7th. "An act directing the mode of suing out and prosecuting writs of habeas corpus."

In this review, it appears that the courts, had rest, during the remaining existence of the first constitution.

And now, to reascend to the first session of the year 1792; it will be found, still to afford, various topics for history, of an interesting nature.