The National Intelligencer And Washington Advertiser

Speech of the Governor of Kentucky, delivered on the 1st instant.

SPEECH:

Gentlemen of the Senate, and of the House of Representatives,

Whatever painful sensation I may have experienced on former occasions, when it became my duty to make known to the legislature the state of the commonwealth, and to recommend to their consideration such subjects as appeared to me to be important; I meet you on this occasion with no other solicitude, than what results from an anxiety for our future prosperity. The present is a period of peace,—a general peace among those nations, in whose destinies, however distant from us, we cannot but feel an interest, and that season of desolation in which though the oppressor has trembled on his throne, the oppressed hath had his cup of misery running over, is passed away.

Harassed no longer by the apprehension, that war may extend its baneful influence to our country, our situation peculiarly invites you to a deliberate and dispassionate review of the laws of the commonwealth,—to amend the defective, to enact such as may be necessary, and to repeal the superfluous, as excrescences that deform the system, and needlessly embarrass the citizens. To multiply general laws, without an evident necessity, is indeed always to be guarded against as tending to produce serious perplexities, in the attempt to remedy trifling inconveniences:--but the legislative power when directed by a comprehensive mind, which takes into its view the whole system of laws, and recognizes the relations and bearings of its several parts towards one another, affords facility and vigour to the administration of justice, and security and happiness to the people. Not doubting but that you have severally turned your attention to the duties which devolve upon the general assembly, and come hither already prepared to transact the public business; I shall not trouble you with many observations.

In a system so new as that which was introduced by the act of 1798, to amend the penal laws of this commonwealth; it was not to be expected that nothing would remain to be provided for by the wisdom of subsequent legislatures. The civil relations in which the convicts in the penitentiary shall be considered as standing, require more regulations.--The mode of recovering debts from them, and the extent to which the wives of such of them as may be married shall exercise a right over the property of their husbands, ought to be pointed out and established.

Two escapes from the penitentiary having happened during the course of the present year; your attention will naturally be drawn to the causes of them, and to the means of providing against similar accidents. It appears to me to be absolutely necessary that some severe penalties should be inflicted on those who aid such escapes, or who countenance, relieve, or harbour the fugitives. Some method of punishing those who escape, more certain and summary than what the law provides for, likewise appears to be desirable.

The laws respecting forgery and counterfeiting, will probably require to be reviewed and amended. The act of 1798, to amend the penal laws, makes certain provisions for punishing the crime of counterfeiting the notes of the bank of the United States, which undoubtedly ought to be extended to the notes of other public establishments of a similar nature. It likewise provides for the punishment of those who counterfeit the current coin, or aid in giving circulation to counterfeited money: but as cases have occurred and will very probably again occur, of persons being detected in the midst of an unfinished process of counterfeiting; it would probably be advisable to annex adequate penalties to the mere possessing or being concerned in making or mending any puncheon, stamp, dye, mould, or other instrument impressing the figure and resemblance of the current coin.

I would likewise submit it to your consideration, whether the 46th section of the act passed in 1796, concerning the examination and trial of criminals, does not require some very material alterations. It provides that all indictments and informations upon any penal act of assembly, not affecting life or limb, shall be exhibited within one year after the commission of the offence, and not at any subsequent period. Proper as this regulation might have been at the time it was adopted; it is surely highly injudicious at the present period, when so few criminal offences admit of capital punishment.

You will regret with me the necessity which there appears to be to guard by still further provisions against the frauds which are committed by the collectors of the public monies. When a securityship becomes only a nominal pledge to the public; it should seem that some more substantial lien ought to be required from those who are intrusted with the collection of the public money.

The report of the commissioners appointed to view the turnpike road and to direct the necessary repairs, inform me that the road is in extremely bad order:--nor does there appear to be any probability of its being put into good repair in any reasonable time. As there are defects in the law under which he was appointed, which precludes the recovery of the penalties designed to be inflicted on him, in that summary mode which was probably in the contemplation of the legislature; your attention to the subject will be necessary in order to remedy the imperfections of the law.

The relative importance of this state in the federal union, has been increased by the last census, and the act of congress authorizing six representatives to be elected in Kentucky; the law passed at a former session relative to elections, will require some amendment, in order to accommodate it to this object.

I cannot conclude this address, fellow citizens, without reminding you of the various incentives to gratitude towards an over-ruling providence with which our situation abounds. The earth still pours out for us lavishly products of every kind, our population, our agriculture, our mechanic arts, and our commerce by the Mississippi, are still in a progressive and improving state. Vessels built on our own rivers, calculated for transporting our commodities to the most distant quarters of the globe, afford us a flattering view of the resources and future greatness of our country. Harmony prevails among our citizens and confidence exists in the national government.

The prospect of a plentiful supply of salt, by recent discoveries of salt water in numerous parts of the state, is well calculated to frustrate that disposition to monopolize, which makes war on the necessities of the people, and affords an example of the tendency which public evils sometimes have to work their own cure, and which is in this instance, the more grateful, as the regular supply of this necessary of life has not been protected by our laws from the influence of avaricious speculation, with the same jealous foresight which has guarded against ungenerous attempts to raise the price of many other articles of subsistence.

JAMES GARRARD.