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by ten or eleven priests, serving 10,000 people in 1815, grew according to Bishop Flaget's report (January, 1826) to fourteen log and ten brick churches, with twenty-two priests and 18,000 souls. In 1821-2, two of the famous colleges of the south were founded: St. Mary's College by Rev. Byrne, and St. Joseph's, Bardstown, by Rev. Geo. A. M. Elder. Secondary education had claimed the attention of the Dominicans of Springfield as far back as 1809-the college of St. Thomas of Aquin, surviving for ten years.

"Bishop David, sixty-five years old, had been partly relieved as pastor and professor by the Propaganda scholar, Dr. F. P. Kendrick, some five years before the young Martin J. Spalding entered the seminary in 1826. The bright Kentuckian, Spalding, admired his elder compeer, Rev. Robt. A. Abell, whose fame as an orator had spread east and west. Hon. B. J. Webb never wearied in recounting the doughty deeds of this Father Abell, 'Uncle Bob,' who became the first resident pastor of Louisville, building the second St. Louis church in 1830, to accommodate numerous accessions to his people, 'almost wholly of Irish immigrants.' At just the date of Dr. Martin Spalding's return from Rome, 1833-4, an interchange of positions between Bishops Flaget and David caused the appointment of

Rt. Rev. Guy Chabrat as coadjutor. In Bishop Flaget's absence of four years, Chabrat blessed old St. Boniface as the first German church in the city, of a congregation formed in 1836. The year 1841 was the last of good David's eighty fruitful years. Bishop Chabrat was simply a 'misfit'; and on his retirement to France a few years later, Father Spalding, risen to vicar-general, took over the administration of the diocese. Meanwhile, on Father William Byrne's death, in 1833, the Jesuits were settled at St. Mary's College, where they remained for thirteen years; taking up, two years later (1848), under Bishop Spalding, St. Joseph's College. Senator Ben. J. Webb founded the Catholic Advocate in 1835, and was connected with that periodical and The Guardian for forty or more years.

"The history of the further development of the See of Louisville, made possible by the later immigration of the present great majority of the members of the Church, the Germans and the Irish, belongs but slightly to the story of the See of Bardstown. Bishop Martin John Spalding's consecration in 1848 closed one period and opened another, with a Catholic population of 30,000 souls served by forty priests in fifty-three churches and chapels."

CHAPTER LIX.

PRIOR TO THE 1890-1 CONVENTION-CONSTITUTIONAL CONVENTION PROCEEDINGS-CONSTITUTION OF KENTUCKY.

When the constitution of Kentucky, adopted in 1849, was made, it contained an article designedly intended to render difficult any effort to amend or change that instrument. At that period the slavery question was in an acute stage; delegates to the constitutional convention had advocated the abolition of slavery; Cassius M. Clay was thundering against it and was by no means without a following which, though small in numbers, was wholly in earnest. Henry Clay's efforts in congress which resulted in the Compromise measure of 1850, following the adoption of the new constitution, served to stay for a short time only the gathering storm which his militant namesake foresaw and welcomed. The new constitution fixed slavery upon the state irrevocably, as the mistaken men who formed it vainly thought. There was a force greater than constitution-makers coming in the near future which was to be a constitution breaker, in a sense, and not all the cunning schemes of statesmen could for a moment withstand the men behind the guns. When the war had closed and slavery had died, men of reason and a sense of justice saw the necessity for a change in the organic laws of the state recognizing the new era which, whatever their views of its propriety might be, was fixed and irrevocable.

The legislature of 1871-2 passed a stringent law against the confederating of two or more persons to injure the person or property of another. This was generally known

as the anti-Kuklux law, though, as a matter of fact, that organization never had a foothold in Kentucky where there was no need for its peculiar operations, whatever may have been the necessities of the States further south. The few outrages occurring in Kentucky were the result of a desire for private vengeance on the part of men of neither personal standing nor responsibility. As has been stated elsewhere, the first men indicted under this new statute were convicted and sent to prison and since that time, it has been seldom that the officers of the law have been called upon to enforce the penalties of the statute.

In the days of slavery, neither a slave nor a free colored person was a competent witness in a Kentucky court of justice. The same legislature which enacted the anti-Kuklux law repealed the prohibitory statute as to negro testimony, and since that time. negroes have been accepted as witnesses without restriction. In numerous instances they have served as grand and petit jurors. Notwithstanding these facts, it was unlawful, contrary to the constitution, for a negro to cross the line from another state into Kentucky, and there were other archaic provisions in that instrument which it was desirable should be revised or eliminated. The best-informed people saw this plainly, but the constitutional barrier against a change was so strong that repeated efforts to assemble a constitutional convention, failed to receive. a convincing vote. Finally a vote favorable

to the proposition was secured and, in accordance with the demands of the exasting constitution, the question was a second time. submitted to the voters of the state, and affirmatively answered. The legislature of 1889-90, in accordance with this expression of the popular will and the requirements of the constitution, ordered the election of one hundred delegates to be chosen in the several legislative districts, who being thus selected, were to meet in the capitol at Frankfort on the 8th day of September, 1890, to so amend

invidiously select the competent from the incompetent is a task from which the author excuses himself. It is enough to say that, as is usual in the selection of men for legislative or kindred duties, there were some chosen who apparently had special interests to represent, while there were others who took advantage of their high position to wreak private vengeance, when opportunity presented or they could invent it.

When the convention assembled it was called to order by the Hon. Simon Bolivar

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or change the old constitution as to them might seem proper.

The necessary elections were held on the one hundred legislative districts of the state, and the delegates thus chosen assembled in the house of representatives on Monday, September 8, 1890. Among these delegates were some men of distinction admirably adapted to the high duties incumbent upon them. Of certain others, it is at least charitable to state that they might better have been allowed to remain at home in the midst of the constituents who had mistakenly chosen them. Το

Buckner, governor of Kentucky, who had been wisely chosen as their delegate by the good people of his native county of Hart. Sitting as another delegate was the late J. Proctor Knott who, after an illustrious career of many years in congress, had served a term as the faithful and honored governor of Kentucky, and who as the delegate from Marion county, held his last public position.

George Washington, a kinsman of the first president, was chosen as temporary chairman of the convention. In presenting him to the convention, Governor Buckner said:

"Gentlemen of the convention: I have the pleasure of presenting as your temporary chairman, the Hon. George Washington, of Campbell county, whose name is sufficient to indicate the patriotic purpose which has led to his selection."

The permanent organization of the convention was as follows:

President, Cassius M. Clay, Jr., of Bourbon. Secretary, Thomas G. Poore, of Hickman. Assistant secretary, James B. Martin of Barren.

Reading clerk, James E. Stone, of Breckinridge.

Reporter, Clarence E. Walker, of Louis

ville.

Sergeant-at-arms, Robert Tyler of Bullitt.
Doorkeeper, Richard T. Haley, of Louis-

ville.

Janitor, Todd Hall, of Clark.

ity over those opposing adoption being in round numbers 130,000.

As perhaps not more than ten voters in each thousand of that large majority had ever seen the new constitution at the time of voting for its adoption, or since that time, an official copy of that instrument is inserted here, with its excellencies and its crudities, in order that the reader may conclude for himself whether or not the new instrument is worth what it cost to make it, and what it has continued to cost the state by reason of its provisions in relation to the matter of taxation.

CONSTITUTION OF KENTUCKY.

PREAMBLE.

We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.

BILL OF RIGHTS.

That the great and essential principles of liberty and free government may be recognized and established, We Declare that:

Section 1. All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

This constitutional convention will long live in history as the most loquacious body that ever assembled in the state, yet the debates were, in the main, conducted by a comparatively small number of the delegates. It required twenty-five pages of the index to the debates to record the number of speeches and motions made by one single delegate; half as many for another, and so on and on, until one is bewildered in attempting to realize the extent of the patience of the less talkative delegates, who sat in their seats and helplessly endured the ceaseless flow of what can be termed eloquence only by a strain upon the imagination. But all things earthly thoughts and opinions.

must have an end and the convention, after filling with its debates four large volumes, numbering, with the index, 6,480 pages, finally adopted a constitution which was ordered submitted to the people for their approval or disapproval, and on Monday, September 28, 1891, one year and twenty days after assembling, adjourned sine die.

The popular vote on accepting the new organic law was largely in its favor, the major

Vol. 1-30.

First: The right of enjoying and defending their lives and liberties.

Second: The right of worshiping Almighty God according to the dictates of their consciences.

Third: The right of seeking and pursuing their safety and happiness.

Fourth: The right of freely communicating their

Fifth The right of acquiring and protecting property.

Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.

Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.

Section 2.

Absolute and arbitrary power over the

lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

Section 3. All men, when they form a social compact, are equal; and no grant of exclusive, separate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Constitution; and every grant of a franchise, privilege or exemption, shall remain subject to revocation, alteration or amendment.

Section 4. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.

Section 5. No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.

Section 6. All elections shall be free and equal. Section 7. The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.

Section 8. Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.

Section 9. In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

Section 10. The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.

Section II. In all criminal prosecutions the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. He can not be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may provide by a general law for a change of venue in such prosecutions for both the defendant and the Commonwealth, the change to be made to the most convenient county in which a fair trial can be obtained.

Section 12. No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, or by leave of court for oppression or misdemeanor in office.

Section 13. No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.

Section 14. All courts shall be open and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.

Section 15. No power to suspend laws shall be exercised, unless by the General Assembly or its authority.

Section 16. All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.

Section 17. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.

Section 18. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for

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