ynem

KEN TUCK Y. GAZEJT;22

NUMBER. I 2. Saturday, December 3--, 1796k volume x.

LFXINGTON: PRINTED BY-- J. BRADFORD, ON MAIN STREET, WHERE SUBSCRIPTIONS ARE RECEIVED AT I'PER ANNUM'.'

PROCEEDINGS

IN THE SENATE OF THIS 'STATE,

On TurfJy tie loii of November', 1796,E T i N O

"The substance of the debate refpetting theof the present Governdr of this

Commonwealth.

Senate afl'embled. TheTHK present were, Meflrj. Bullitt,(thefpaker,) MVlung, Knojc, Davi3,Jstanditord, Helm, Clay, Campbell,Taylor, Molby, Machir, and Henry.

A letter was produced by the fpea-Ic- er

and read by the clerk, from Mr.Alexander Barnett, Hating tlxit Mr.Helm having been a surveyor for thecounty of Hardin,, and (till continuing-t- o

aCt in that capaditywas not entitledto a seat in tint mfc.

Ordered, that it be laid on the tableThe committee of piivllegcs and

elections, repotted that they had ex-

amined the copy of the proceedings ofthe electors, lodged in the secretary's'olhce, and hadiifolved that the fol-

lowing gentlemen were duly electedfenatofs of this Hate: viz.

KorthecOunty of Jefferson, Alexander Scott Bullit Fayette-- , John Camp-bell Nelfbn, William M'OlungMer-rer- ,

Robert Molby Madison, GreenClay Bourbon, John Edwards Ma-so- n,

John Machir Woodford, RobertAlexander vVafhiiigion,, MatthewWalton Scott, William HenryShelby, David Standlfoid I ogan,James Davis Clarke, Hubbard

Benjamin Helm Lin-coln, Jamei Knox

Upon the question being put thatthe houfc do adopt this icfolution?Mr. M'clung rcmai ked that it wouldbe improper to declare Mr. Helm du-ly elected, whilst there remained adoubt concerning his light to a seatthat a paper had come forward, Hat-ing that he held an office inconsistentwith that of a senator that this pa-per as laid upon the table, fubjecltoconsideration on fbilie futuieday, andthat it would therefore be absurd topreclude a suture judgment, by a pre1mature decision that he was duly elect-ed He therefore moved, that so muchof the report of the committee as ref-peCt-

Mr. Helm, beMr. Clay opposed the riiotion. He

Contended that "" ir adopting the re-

port of the committee would involvejio fuchabfufdity. The report of thecommittee went; merely to say whatappeared from the return of the elect-ors. This was the only paper refer-red to them j the committee had 110

sight to take up any thing elfc. Theirreport had reference to no other do-

cuments, aria conlequently a vote ofthe house adopting their report wouldnot. Should any petition be broughtforward agreeable to law ; it wouldbe the duty of the house to receive it,and they would be at full liberty tdform their judgment upon such factsaslhould be eftablillicd.

The refolutioh for abeing put, was negafived.

Mr. Clay then, moved that thelctterof Mr. Barnett be refered to the com-mittee of privileges and elections,which Was agreed to.

The house then lefolved ltfelf iritda coriimittec of the whole on the lUteof the Commonwealth Mr. Hemy irithe chair.

Mr Clay moVed that the Committeeshould take into consideration a mef-fa- gi

from the house of rcpieferitativesfor receiving the communications ofthe governor, arid which had been refered by the senate to a committee ofthe whole on Tuesday lath

Col. Bullitt rofcj He obferVed thata letter from Gen". (Logan, Hating thathe considered hirrtflf as cOnftitutlon-all- y

elected to the-- office of governor,and exprefling Iiist intention to bringthe subject before thefenatc, had etcneforward atthe same time with the re-folution from the house of reprefenra-tives- ,

and had beeri at the same timerefered to a co:nmjttAee of the whole,It was as follows rTo ths hon. the Speaker and Members oJL

the Sfetaft." GENTLEMEN

" At the lalt meeting of the elect-ors held in Frankfort for the purposeof electing a governor and senate,

conceive myfclf to have been confti- -tutionally hofen governor of thisltate, notwithstanding which the of--nee is at this tune exercised by anotherPcrIon- -

,

As therefore disputed elections tothe olhce of governor are to be deter"- -mined by you ; I have thought it pro- -

per to give yoil the earheit informa.tion or mv intention ns lnAm'.,,i..; " """s"'guicmatter betore you, in order that theconftitutioiial q'eftion may b'e invefti- -gated and the difpnte determined assoon as a fufllcient number rtffpnnthi-- c

shall B'e convened for the put pole."1 am, gentlemen,

" With the highest respect," Your most obedient

" Humble servant., "BENjAMI LOGAN."

The letter beinp- - read. Col. B. ob- -

present

ballot

duly

governor

IiOgak.''

'dating fyfclHMe-inifch- t

considerfederal

that, obferVed,

to infuse 'constitution

constitution. us then,what secondu.t .

federallates electino;dent.

makingrrould decides

upon beforewishes than

from house

munications of governor,confidently

rules house.

pointelectors conformi- - with

to pi actice Virginia,rentftate. this leplied, in what fall-- he

good worthy member, who.practice been sound

Venientin Virginia, objrction

11' J V - anu in tne rcioiution being taken hrjt, piserved, that letter GeA candidate who irreturning could be done confidently with Or-alis! right to office gov. greatest number of votes on der. could be effected in noernor, that it first ballot. In confiimatiou this he other manner, us beine bro'ewhich sully eftabhfhed that right. could pioduce t'eftimony as amendmentgreat- - pectable character in folutiOn, which had been previouslyclt of upon firll and turning to M'Dowell, moved fecoftded.

; report of proceed- - proceeding to enquire into ltatev

Col. Campbell extremelyIhfvr !

i erCMi0rS ? fl ,"W ,'ay .n factl' Wflen he ieTiiptecl to heat which appeared in7 f fJub4laIniiat; egf"- - ,Mr. Clay observed he consider- - cdmn.utee upon lubject which hadItalledgedthat whole proceeding of been introduced order towasunconftitunonal,and he opp-bfit- to him as incgular-th- at give members time to cool, hon- -llS'fT? t0 nth3t a"' 1,e-ha-

df6rce1 ed that committee Would rise andHere mittee upon paper which no report

honourable member .cadthe name-t- hat ft petition-th- atjf Col. Bullitt having prepared the5 ll is ?"i, C f'1C would Se ' name, solution which he already declar- -eatJ!iat or he liquid know or. ground to Intention introducinr,pcrronsfliall an equal number meethim-t- hat Here Clay offeied to consideration ot thAballots in their savor, which called order chaiunan, 'committee. aschoice (hall be determined judge Al'Dowell waid, atcol. "Kefolved, as opinioh d thisjXl,tiC? mail - Bullitt's requcft, confirmed the. committee, that clecto.s proceed- -fvh;M,h

i m in representation he as to edunconltitntionally in election"

wno on r iballotan 7 ,;equal thev

ircot1.. -t- -

It was evident. lp nNfiro',.J; ' -- "v-,V r clu ? .crtn,J,tuVonin which elect- -

rn'nXr'Tt e,dt?r0Cedt0are- -

or more! ?--hall,fi,neq"al numberof

that case at ?

lild , I, ""prions :hat gen. LoganwV V1! "i ? But.ltwiotyeued though conftmmon

1101 dtrea a second where'HO candidate had n mrv. j"-- v " "--Whole ir HiH t,nt frh,J . .J .i.a, m liiulmc, . electors nad a right to regulatemen uwu mooes 01 proceedinffvhere

beiation.

fliould

boaill

cieatdis?jniilty

tieman

which

.Willi, a. uiitract- -under maintain conftituti- - ing

011-- that would muhipiichyforVaul resolution exp. render

ot cohduct pofiible. desireelectors. mitteeClay duly

with regard lected limply, whethergentleman conduct. As electorsdence he had taking second

truth, that Molby thought qneftiorlimp.

beforewhen member they had

could witnefTes tional right twelvethat practice had and,

ed etend ,.n- -Molby whole what

JZ .mi. vuiuiiLui-M-.. llient. lo c parmatter, he thought most fa- -

tistactory way would be considerActually becri conductor

public bodies country on fimi- -

point, that decid- -

r "Va01' ltcle,flors

eUablilhment of constitution,K'lfr;Sjtan,r Kc"'

samehad gteatfcft

though a majqiity thoseit uiianimoufly

g.ecd he electedRC,!r, Vin?Kr"- -

eluci- -

following petition theCierk's papers, before the fi-liate.To the lie Sweater Members ef Senate." petitioner, Benjamm Logan,

rraiiKtorttdlaw, to ballot for a

ernon whenii k.: u:. Abeing greater of

given for either of the other czndidaus where- -fey petitioner cdnteives was

to accordingly declaredreturned as by eleftors.ePwhich no right to do bv the

tution commonwealth !-

which se-

cond bailor, James Garrard, by one of the com-mitted appointed to examine the balldt boxes,was reported duly elected, nowconrecjucnce of second uriconftitutional bal-lot report one of the committee, cxereifethe office

petitioner therefoie theJames Garrard permitted no longer

to exercise the office of governor of the com-monwealth Kentucky,

be admitted into office ofas the eUttors returned as such,a ought to agreeably to the

legal ballot taken by them.petitioner as m tund ever

the rightto the between our'own & onftitution.

he our's was in a con- -fiderablemeafure copied. It wastended into ourthe sense arid the spirit the federal

examine,in cases this admits of a

.....i. i niic 41101 eu ciauieorthe rnnftimrinn wWh

manner of a prefi- -

hopedit Was

Mr.the re- -

forbe

thewas

It had been said, that the conduct up refered toof had been in tliem, greater coolness andthe of pa.

that Mr. Clay, reply tohad authority saying that the

this had spoke lall but one, observed hathat had giv- - had to

iu up, wcie now ovidedLof Logan the hasthe the the But thisand a tact bat by

the a ref-- forward an of thethat the gen had the the thenumber votes the bal- - judge anti

and the the the ofthC WaS by see the the, that the

ballot the mem- - inappealed ber the heP, r k the the com- - the

a hadthe 1 2th was no re--

J ' ' ftAt ge,ulcman a hadon two more wnat his norrhave of it thethe to by the and , It was follows

by the came so. thethe electors and the

7 had given the the ofVh 1ions flill liav- -

number, and who dnll

.w..n llUjy

tl,:. 1

vLcase the

was two

votes the

thedid

ftl,-:

n j'--

terwardc

second

be,

(said

right

the

rea'.iiv

tnem

ficc

uuj Jincis.the of the by

of Hewifh- -the

pinion He did torn- -the whether Mr. Garrard

Mr. again Mr. Mr.tlic the governor-b- ut

the evi- - theMr. ballot.

far Mr.went ;but opcr. ?t

ever by of the into bulintfs they hadhe of termined

vaiiousmen

theMr. the hn,,d ,

nnnL -- ,WIS

up thc

had thethis

He but onecaie and case was

.T waSPf asterthe

for thethe number of

wasthdt was the

view of

The filed "withnever

bin. And

Your repie- -

""'!;proceeded

votes t.n,trivor, number votes

your, e lest- -have been

and govepoi the said

lot, they const.upon

who doesthat

and

commonwealYour prays thai

may

thatmay governor,

himhae dona first

and only .And yourdutv will ptav

be

the From

in- -

ofLet

kli jwen mat

the

the

ourTo he

from

ofred of

ofof

waslot was

ed

ed

not

,r

of

tins

this

this

ty

Vlr8inia dur'ni uie.,in ,cw. ..w .......uuul,,,, v.,.w nmmwllnff ,i, mi. ri..

n....:i.:jMuwuiguiaiitwasirreguiarroramem- -

hrrnllnt.nn....n.l. ....v..,. uKuUu; jicimcmiuiucoineFoi"v;ard without having Hi obtainedpenpiHion from the TheV,eftin bein PUC and carried,tliat the member who had beenrupted Jhould have to

the point order. .

Col. Bullitt vindicated his conduct,?mI recapitulated the argument whichhe had entered into in the course ofhis fpecch. Ori the grounds which He!,,! (W,1""ivu, i.j i 1 .. .LMcticLiun uau tne ConitltU- -

He felt the importance of thelnbiecT:: arid mind Jmnroir.

. . . .,i- -with a fprllr nFthph !,.,

the present debate wrong,There was a preliminary

which to be determined, beforethey pretended the elect- -ors. Had the Committee a rhht rfriso ! Thev Verc going headlonn- ifitnthe bufihefs

. without.

any authority.,for

ContluU-- the was mo- -.mentol'sthey could not be too dell- -,el4te was affair which had

greatly the publicFhey should ith caution and

ith. He concluded withno,vinfi t'le rommittee adbpt

rn.....riivihiri.,& n..hn ..

"Refolvfcd, that this cofnmittee hasconftitutiorlal authority take un- -

der their cohfideration the disputedelection Of the .

, Mr. Clay seconded the motion, andapologized forthe warmli which hehadifcovered in thc con, se of .he de- -

COL Bullitt complained whilst

tuic. infiftcd hi, tight of

nidtioh he intend andthe committee

the difcufled.Taylor cxpreifed his

resolution the ofprefenfatives receiving the com- -

the couldfirll disposed of,

of the It cuftomarv. , r. ......take other

our deli- -

hadfor

so iacon- -

they thenaoitthe

hisalledged

It

forrv

:drtllCthe -and,

aentiofprorrrefs.

ofMr. was

by

fPar?le'

she

they

inter- -

niuuyion.

mindtouch it

the

that

the

other

with

houle

only

introduce bounds ct the Icilion.Wlth a fiinilsr nnri wne

that the committ'ee would as--frl tliemr! ,liAw,r-- .i

gorno. , in taking ballot,. , .vriicji mere were two perions wildi.j .. ...i ..1 ..

loiution was premature. Itbroucht... ",A s- -me iiiDject oeiore tliem all once.The full question had theVcommittee right to pass a judgmentupon the proceedings of the electois'1 h, of electors (said the hbn- -orable gentleman) are our fuperio.s tthey are our creatois -and fliall we,the creatures; p.ecend to cenfurt our

He hoped that the commit!lee would not be of so glaring

absurdity. He trusted that theywoum rue.

Col. Bulliti: vindicated liis refnlnti.dn. He thought it the most nncxptiutinn,M. ,J- - f :,.j...: t..i..u.uui. nwuw. ji UllLILIIlli me uir- -sir X3.. . c. ,.. .1

by the 1110ft fole.11111 ties, have doneWe are he; to vote that:thefc men hav--acte-d wiong. Whencehave we thc tb do this ? who

Tlmii,mm.,.am an pnlv nupdin.. '

Mr Mrrliiiii A',fTrA iUm ,. .

ii who spoke last. He cohfiderUed resolution he jrtimpioper one. was inaccuiatfly

The queilioh, inwo not a rinli.tnttn,,! Km- - , ., '.lt.''It was admitted that thereclatife ill the constitution wh:

".,. .t 1 "prcisiy gave tlic powrwi. i

they were now called upo-- , rwnlcilcil'e ' ? ,Cthere;- -but was a a ,and law nat-..i- i ?, ?'ftom the conftituti n'uiof the caTe dem-nde- d fnch a IawScase of a 7

of chief maatfwa"o

whatZTjLSntVcV't'- -

i

b&$Z2?i

ui mi. uuiijiaiiun 11c wui v uric 11 0111were to the attention committee

he nor avoid bringing a enquiiies.a eflingthe o- - ed to question as simple asthe committee the not theof . to say or

stated his fentiinbnts Logan or To3d wcie e- -10 irregularity of

to acted conititutionally in.of M'Dowell, no a

d,oubtofVfcs as geni such atlemanVexperience what- - highly was enteunrfuj-tim- e.

might the practice as-- ly the de-votes, fembly was it ; whethci a conftltu-prcicnt:b- uthe produce to to do so. Shallproe their since come foiwaid, unauthoriz--

en the reverse., by constitution, p. to

considered nro- - do fixtv mm n,P;- - ,!.,

u. .

towhat

inJaroccahons. recollected

inarfi"ment- -

theivVnCCt,nR.

.dlnAat

-l- ienot of

a- -

td

farther

ivasbut came

the

met inagreeable gov- -

wr-r- r

thanwei'e"

he dulycdjanddught

hadof

and in

ofof of tli,

said be

of and

is had and

&c.Benjamin

analogyr

"ui--

enthat

no queltio'nonhis

P thcwiWI, li ;.. ) a u.. r-.-

B.

v.

-- wft

committee.tllen

leave explainas to of

a..: j.. .in. Luuviuuca matvioiaieu

his wns fnV -...

ed mi n.

fcecding in asquestion,

oughtto censure

to

lubjeCt

It anagitated

w

toln

no to

governor."

He upon

. .to tneirlnlllfinn . ?r

probable,x.

a a...i .1 .no

. ..

at

a

an1.1 ..'

11111"1

tylequiied

nnvpirrnlisf i.A.

propbfed asIt

exprsfled.

M, .x.

a

as

a

.w.