kentucky gazette (lexington, ky. : 1789). (lexington, ky...
TRANSCRIPT
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.