IV. Nicholas, and which seems to have been agreed to with- CHAPTER out much debate, vested the legislative authority in a Senate and House of Representatives. The representa- 1792. tives, never to be less than forty nor more than a hundred, were to be apportioned among the counties according to the relative number of their free white inhabitants above twenty-one years of age, to be ascertained by enumeration once in four years, and were to be chosen annually by the votes of the free white citizens, residents in the county for one year, or in the state for two years. The Senate was to consist at first of eleven members; but for every four members added to the House, there was to be an addition of one senator. These senators, to hold office for four years, were to be chosen, not directly by the people, but indirectly through the medium of electors, according to a scheme borrowed from the Constitution of Maryland. These electors, equal in number to the representatives, to be chosen once in four years in the counties, were to meet in a body at the seat of government, there, by ballot, to make choice of the senators, who were empowered to fill any vacancies in their own body. At the same time and place, these same electors were to choose a governor, to hold office for four years, with a qualified veto on all enactments, similar to that possessed by the President of the United States, and with a like appointing power. No pecuniary qualification was required either in voters or officers, but representatives must be twentyfour years of age, senators twenty-seven, the governor thirty, and all of them citizens of the state for two years. The judicial power, in matters both of law and equity, was to be vested in a supreme court, to be styled the Court of Appeals, and in such inferior courts as the Legislature might constitute. All the judges of all the courts IV. CHAPTER were to receive a compensation, not to be diminished during their continuance in office; and, as well as the 1792. justices of the peace, were all to be appointed by the governor for good behavior, but subject to removal on an address to that effect from two thirds, of both branches of the Legislature. Sheriffs and coroners were to be chosen by the people of each county for terms of three years. The existing code of Virginia was to remain the law of the new state until altered by the Legislature. A separate article on the subject of slavery provided that the Legislature should have no power to pass laws for the emancipation of slaves without the consent of their owners, nor without paying therefor, previous to such emancipation, a full equivalent in money; nor laws to prevent immigrants from bringing with them persons deemed slaves by the laws of any one of the United States, so long as any persons of like age and description should be continued in slavery by the laws of Kentucky. But laws might be passed prohibiting the introduction of slaves for the purpose of sale, and also laws to oblige the owners of slaves to treat them with humanity, to provide them with necessary clothing and provisions, and to abstain from all injuries extending to life or limb; and provision might be made, in case of disobedience to such laws, for the sale of the slave to some other owner, the proceeds, to be paid over to the late master. The Legislature was also required to pass laws giving to owners of slaves the right of emancipation, saving the rights of creditors, and requiring security that the emancipated slaves should not become a burden to the county. By a bill of rights prefixed, full freedom of conscience was provided for, and entire equality of all religions and modes of worship. IV. A new convention might be held at the end of seven CHAPTER years, provided a majority of the people, at two successive annual elections, voted in favor of it. This provision, 1792. when it came to be acted upon, produced some important modifications, as we shall see hereafter, in the Constitution of Kentucky. The very limited authority bestowed directly on the people presents a striking contrast to the Constitution of Vermont, and serves as one among many other proofs that, however Virginia and the states settled from it might exceed in theoretical democracy, the prac tical application of that theory was far more efficiently carried out in New England. Kentucky being thus organized as a state, Isaac Shelby was chosen the first governor. Simultaneously with the coming in of this new state, the Constitutions of Delaware and New Hampshire underwent revisions. The changes in Delaware corresponded very much with those recently made in Pennsylvania. The president became a governor, elected by the people for three years, with an appointing power similar to that of the governor of Pennsylvania, but without any veto on legislative acts. The late Legislative Council became a Senate, the Executive Council being altogether dispensed with. The provision contained in the Constitution of Pennsylvania, authorizing the truth to be given in evidence in prosecutions for libel, was also copied into the Constitution of Delaware. The changes in New Hampshire were less material— little more, in fact, than a change of title for the office of chief magistrate from president to governor. As under the Constitution of 1783, modeled after that of Massachusetts, the legislative authority was still vested in a Senate and House of Representatives. The twelve senators were distributed among the counties. Each town IV. CHAPTER having one hundred and fifty ratable polls, that is, male inhabitants over sixteen years of age, was entitled to 1792. one representative, and another for every addition to the population of three hundred ratable polls. There was an executive council of five members, one for each coun. ty, without whose advice and consent the governor could not act. In all appointments to office, the governor and council had a negative on each other. The judges were appointed for good behavior. The governor and counselors, as well as the members of the General Court, were chosen annually. Representatives were required to possess property to the value of $333 33, one half, at least, in lands; senators must have twice that qualifica, tion, the whole in lands; the governor must have prop erty, half of it in land, to the amount of $1666 66; and all these officers were required to be of the Protestant religion. All tax-paying inhabitants were entitled to vote. CHAPTER V. ALLEGED MONARCHICAL CONSPIRACY. BASIS OF PARTY V. INCE Washington's accession to the office of presi- CHAPTER dent, he had experienced two severe and even dangerous fits of sickness. He complained of a growing decline of 1792. strength, and had intimated to his cabinet his design to retire at the close of his present term of office, which, indeed, had been his intention from the first. tirement, however, was warmly combated from very opposite quarters; and the reasons respectively urged throw a strong light on the politics of the times. His re Though Jefferson had dwelt with great emphasis on the re-eligibility of the president as a strong objection to the Constitution, he did not hesitate, very soon after the adjournment of Congress, to address a letter to Washington at Mount Vernon, whither he had retired for some temporary repose, strongly pressing upon him not to decline serving a second term. The want of confidence and serenity in the public May 13. mind, growing out of causes in which Washington was no ways personally mixed up, was alleged as a reason why he should suffer himself to be re-elected. "Though these causes have been hackneyed in detail in the public papers," so the letter continued, and it might have specified as the leader in this business Freneau's Gazette, |