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Constitution, or, Form of government for the state of Kentucky. Kentucky. 400dpi TIFF G4 page images University of Kentucky, Electronic Information Access & Management Center Lexington, Kentucky 2002 b92-162-29919667 Electronic reproduction. 2002. (Beyond the shelf, serving historic Kentuckiana through virtual access (IMLS LG-03-02-0012-02) ; These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Constitution, or, Form of government for the state of Kentucky. Kentucky. A.G. Hodges, [Frankfort, Ky. : 1849] 15 p. ; 26 cm. Coleman Microfilm. Atlanta, Ga. : SOLINET, 1994. 1 microfilm reel ; 35 mm. (SOLINET/ASERL Cooperative Microfilming Project (NEH PS-20317) ; SOL MN03349.02 KUK) Printing Master B92-162. IMLS This electronic text file was created by Optical Character Recognition (OCR). No corrections have been made to the OCR-ed text and no editing has been done to the content of the original document. Encoding has been done through an automated process using the recommendations for Level 1 of the TEI in Libraries Guidelines. Digital page images are linked to the text file. Kentucky Constitution. THE CONSTITUTION OR [FOR' OF GOVERNMENT FOR THR STATE OF KENTUCKY. WE, the Representatives of the People of the State of Kentucky in Conven- tion assembled, to secure to all the citizens thereof, the enjoyment of the right of life, liberty and property, and of pursuing happiness, do ordain and establish this Constitution for its government: ARTICLE I. Cancerning the distribution of the ,owers of the Government. SEcTION 1. The powers of Government of the State of Kentucky shall be di- vided into three distinct departments, and each of them be confined to a separate body of Magistracy, to-wit: Those which are Legislative ts one; those which are Executive to another; and those which are Judiciary to another. SECTION 2. No person, or collection of persons, being of one of those depart- ments, shall exercise any power properly belonging to either of the others; ex- cept in the instances hereinafter expressly directed or permitted. The first Constitution of the State of Kentucky was adopted and ratified in Con- vention at Danville, on the 19th day of April, 1792; and provided that the Government of the Commonwealth of Kentucky should commence on the first day of June of the same year. The Constitution will be found in I Littell's Laws of Kentucky, page 21 to 38. By the sixth section of the eighth article, it was provided, that all laws then in force, in the State of Virginia, not inconsistent with the Constitution, and of a general nature, and not local to the eastern part of Virginia, should be in force here, until altered or repealed by the Legislature. By the eleventh article, it was provided that, at the General Election for Representa- tives in 1797, the sense of the People should also be taken upon the propriety of calling a Convention, and that if the result was in favor of a Convention, similar proceedings should be had in 1798, and that if the result was again in favor of a Convention, the General Assembly should, at their next ensuing session, pass an act for calling a Con- vention to revise the Constitution. The result of the vote in each of the years of 1797 and 1798, being in favor of a Convention, the Legislature, on the 18th of December, 1798, passed the necessary law for calling the Convention. For the act, see 2 Littell's Laws of Kentucky, 2 1. The Convention accordingly met at Frankfort, and adopted the present Constitution of Kentucky, on the 17th day of August, 1799. 1. G. floSses ca.. Pra. ARTICLE 11. Concerning the Legislative Department. SECTioN 1. The Legislative power of this Commonwealth shall be vested in two distinct branches: the one to be styled the House of Representatives, the other the Senate; and both together, the General Assembly of the Commonwealth of Kentucky. SECTION 2. The members of the House of Representatives shall continue in service for the term of one year from the day of the commencement of the general election, and no longer. SECTION 3. Representatives shall be chosen on the first Monday in the month of August in every year; but the presiding officers of the several elections shall continue the same for three days, at the request of any one of the candidates. SECTION 4. No person shall be a representative, who, at the time of his elec- tion, is not a citizen of the United States, and hath not attained the age of twenty four years, and resided in this State two years next preceding his election, and the last year thereof in the county or town for which he may be chosen. SECTION 5. Elections for representatives for the several couiities entitled to representation, shall be held at the places of holding their respective courts, or in the several election precincts into which the legislature may think proper, from time to time, to divide any or all of those counties: Provided, That when it shall appear to the legislature that any town hath a number of qualified voters equal to the ratio then fixed, such town shall be invested with the privilege of a sepa- rate representation; which shall be retained so long as such town shall contain a number of qualified voters equal to the ratio which may, from time to time, be fixed by law; and thereafter, elections for the county in which such town is situated, shall not be held therein. SECTION 6. Representation shall be equal and uniform in this Commonwealth; and shall be forever regulated and ascertained by the number of qualified electors therein. In the year eighteen hundred and three, and every fourth year there. after, an enumeration of all the free male inhabitants of the State, above twenty one years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, in the several years of making these enu- merations, be so fixed as not to be less than fifty eight nor more than one hundred, and they shall be appointed for the four years next following, as near as may be, among the several counties and towns in proportion to the number of qualified electors; but when a county may not have a sufficient number of qualified elec- tors to entitle it to one representative, and when the adjacent county or counties may not have a residuum or residuums, which, when added to the small county, would entitle it to a separate representation, it shall then be in the power of the legislature to join two or more together, for the purpose of sending a representa- tive: Provided, That when there are two or more counties adjoining, which have residuums over and above the ratio then fixed by law, if said residuums when added together will amount to such ratio, in that case, one representative shall be added to that county having the largest residuum. SECTION 7. The House of Representatives shall choose its speaker and other officers. SECTION 8. In all elections for representatives, every free male citizen (ne- groes, mulattoes and Indians excepted,) who, at the time being, hath attained to the age of twenty one years, and resided in the State two years, or the county or town, in which he offers to vote, one year next preceding the election, shall enjoy the right of an elector; but no person shall be entitled to vate except in the 3 county or town in which he may actually reside at the time of the election, except as is herein otherwise provided. Electors shall, in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest during their at- tendance at, going to, and returning from, elections. SECTION 9. The members of the Senate shall be chosen for the term of four years; and when assembled, shall have the power to choose its officers annually. SECTION 10. At the first session of the General Assembly, after the Constitu- tion takes effect. the Senators shall be divided by lot, as equally as may be, into foujr classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year; of the third class, at the expiration of the third year; and of the fourth class, at the expiration of the fourth year; so that one fourth shall be chosen every year, and a rotation thereby kept up perpetually. SECTION 11. The Senate shall consist of twenty four members at least, and for every three members above fifty eight which shall be added to the House of Representatives, one member shall be added to the Senate. SECTION 12. The same nUmber of Senatorial districts shall, from time to time, be established by the legislature, as there may then be Senators allotted to the State; which shall be so formed as to contain, as near as may be, an equal number of free male inhabitants in each, above the age of twenty one years, and so that no county shall be divided, or form more than one district; and where two or more counties compose a district, they shall be adjoining. SECTION 13. When an additional Senator may be added to the Senate, he shall be annexed, by lot, to one of the four classes, so as to keep them as nearly equal in number as possible. SECTION 14. One Senator for each district shall be elected by those qualified to vote for Representatives therein, who shall give their votes at the several places in the counties or towns where elections are by law directed to be held. SECTION 15. Nit person shall be a Senator, who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of thirty five years, and resided in this State six years next preceding his election, and the last year thereof in the district for which he may be chosen. SECTION 16. The first election for Senators shall be general throughout the State, and at the same time that the general election for Representatives is held; and thereafter, there shall, in like manner, be an annual election for Senators to fill the places of those whose time of service may have expired. SECTION 17. The General Assembly shall convene on the first Monday in the month of November in every year, unless a different day be appointed by law; and their sessions shall be held at the seat of government. SECTION 18. Not less than a majority of the members of each house of the General Assembly shall constitute a quorum to do business; but a smaller num- ber may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby. SECTION 19. Each house of the General Assembly shall judge of the qualifica- tions, elections and returns of its members; but a contested election shall be de- termined in such manner as shall be directed by law. SECTION 20. Each house of the General Assembly may determine the rules of its proceedings; punish a member for disorderly behavior; and, with the concur- rence of two-thirds, expel a member, but not a second timc for the same cause. SECTION 21. Each house of the General Assembly shall keep and publish weeklv, a journal of its proceedings; and the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on their journal. SECTIoN 22. Neither house, during the session of the General Assembly, shall, without the consent or the other, adjourn for more than three days, nor to any other place thani that in which they mDay be sitting. SECTION 23. TIhe members of the General Assembly shall severally receive, from the public treasury, a compensation for their services, which shall be one dollar adl a half a day, during their attendance on, going to, and returning from the sessions of their respective hoIuses: Provided, Chat the same may be in- crfased or diminished by law; but no alteration shall take effect during the ses- stit at which such alteration shall be mrade. SECTION 24. The members of the General Assemibly shall, in all cases except treason, f'lony, l,reach or surety of the peace, be privileged front arrest, during their attendance at the sessions of their respective houses. and in going to and returning fromn the same; and for tiny speech or debate, itt either house, they shall ntt(, be questioned in any other place. SECTION 25. No Senator or Representative shall, during the term for which he was elected, nor for one year thereafter, he appointed or elected to any civil office of profit under this Commonwealth, which shall have been created, or the emoluments of which shall have been increased, during the tine such Senator or Representative was in office, except to such offices or appointments as may be made or filled by the elections of the people. SECTION 26. No person, while he continues to exercise the functions of a cler- gyman, priest, or teacher of any religious persuasion, society or sect, nor whilst he holds or exercises any office of profit under this Commonwealth, shall be eligible to the General Assembly, except attorneys at law, justices of the peace, and militia officers: Provided, That justices of the courts of quarter sessions shall be ineligible, so long as any compensation may be allowed them for their scrvices: Prnrided, also, That attorneys for the Commonwealth, who receive a fixed annual salary from the public treasury, shall be ineligible. SECTION 27. No person, who at any time may have been a collector or taxes for the State, or the assistant or deputy of such collector, shall be eligible to the General Assembly, until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible. SECTION 28. No bill shall have the force of a law, until on three several days, it be read over in each house of the General Assembly, and free discussion al- lowed thereon; unless in cases of urgency, four-fifths of the house where the bill shall be depending, may deem it expedient to dispense with this rule. SECTION 29. All bills for raising revenue shall originate in the House of Rep- resentatives; but the Senate may propose amendments as in other bills: Provided, That they shall not introduce any new matter, under the color of an amendment, which does not relate to raising a revenue. SECTION 30. The General Assembly shall regulate, by law, by whom and in what manner writs of elections shall be issued to fill the vacancies which may happen in either branch thereof. ARTICLE III. Concerning the Executive Department. SEcTIoN 1. The supreme executive power of the Commonwealth shall be vested in a chief magistrate, who shall be styled the Governor of the Commonwealth of Kentucky. 5 SECTtON 2. The Governor shall be elected f r the term of four Years, by the citizens entitled to suffrage, at the time and places where they shall respectively vote for representatives. The person having the highest number of votes shall be Governor: but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the Legislature may direct. SECTION 3. The Governor shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected. SECTION 4. Ife shall be at least thirty five years of age, and a citizen of the United States, and have been an inhabitant of this State at least six years next preceding his election. SECTION 5. IHe shall contmence the execution of his office on the fourth Tues- day succeeding the day of the commencement of the general election on which he shall be chosen. and shall continue in the execution thereof until the end of four weeks next succeeding the election of his successor, and until his successor shall have taken the oaths or affirinations prescribed by this Constitution. SECTION 6. No member or Congress, or person holding any office under the United States, nor minister of any religious society, shall be eligible to the office of Governor. SECTION 7. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. SECTION 8. Ile shall be commander-in-chief of the army and navy of this Commonwealth, and cf the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless he shall be advised so to do, by a resolution of the General Assem- bly. SECTION 9. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers, whose offices are established by this Constitution, or shall be established by law, and whose appointments arc not herein otherwise provided for: Prorided, That no person shall be so appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken: Protided, also, That the county courts shall be authorized by law to appoint inspectors, collectors, anid their depu- ties, surveyors of the highways, constables, jailers, and such other inferior offi- cers, whose jurisdiction may be confined within the limits of a county. SECTION 10. The Governor shall have power to fill up vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SECTION 1 1. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the General Assem- bly, in which the power of pardoning shall be vested. SECTION 12. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. SECTION 13. lIe shall, from time to time, give to the General Assembly inform- ation of the state of the Commonwealth, and recommend to their consideration such measures as he shall deem expedient. SEcTION 14. He may, on extraordinary occasions, convene the General Assem- bly, at the seat of government, or at a different place, if that should have become, 8 since their last adjournment, dangerous, from an enemy, or from contagious dis- orders; and in case or disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not ex- ceeding four months. SECTION 15. He shall take care that the laws be faithfully executed. SECTION 16. A Lieutenant Governor shall be chosen at every election for a Governor, in the same manner, continue in office for the same time, possess the same qualifications. In voting for Governor and Lieutenant Governor, the electors shall distinguish whom they vote for as Governor, and whom as Lieu- tenant Governor. SECTION 17. He shall, by virtue of his office, he Speaker of the Senate; have a right, when in committee of the whole, to debate and vote on all subjects; and when the Senate are equally divided, to give the casting vote. SECTION l8. In case of the impeachment of the Governor, his removal from of- fice, death, refusal to qualify, resignation, or absence from the State, the Lieu- tenant Governor shall exercise all the power and authority appertaining to the office of Governor, until another be duly qualified, or the Governor absent or im- peached shall return or be acquitted. SECTION 19. Whenever the Government shall be administered by the Lieuten- ant Governor, or he shall be unable to attend as Speaker of the Senate, the Sen- ators shall elect one of their own members as Speaker for that occasion. And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the Senate shall, in like manner. administer the Gov- ernment. SECTION 20. The Lieutenant Governor, while he acts as Speaker to the Senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the Speaker of the House of Representatives, and no more; and during the time he administers the Government, as Governor, shall receive the same compensation which the Governor would have received and been enti- tled to, had he been employed in the duties of his office. SECTION 21. The Speaker pro lempore of the Senate, during the time he ad- ministers the Government, shall receive, in like manner, the same compensation which the Governor would have received had he been employed in the duties of his office. SECTIoN 22. If the Lieutenant Governor shall be called upon to administer the Government, and shall, while in such administration, resign, die, or be absent from the State, during the recess of the General Assembly, it shall bethe duty of the Secretary for the timebeing, to convene the Senate for the purpose of choos- ing a Speaker. SECTION 23. An Attorney General, and such other attorneys for the Common- wealth as may be necessary, shall be appointed, whose duty shall be regulated by law. Attorneys for the Commonwealth, for the several counties, shall be ap- pointed by the respective courts having jurisdiction therein. SECTION 24. A Secretary shall be appointed and commissioned during the term for which the Governor shall have been elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the officials acts and proceedings of the Governor; and shall, when required, lay the same, and all pa- pers, minutes and vouchers relative thereto, before either House of the General Assembly; and shall perform such other duties as may be enjoined him by law. SECTION 25. Every bill which shall have passed both houses, shall be present- ed to the Governor. If he approve he shall sign it; but if not he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, a majority of all the members elected to that house, shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be considered, and if approved by a majority of all the members elected to that house, it shall be a law; but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the per- sons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. SFCTION 26. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be re-passed by a majority of all the members elect- ed to both houses, according to the rules and limitations prescribed in case of a bill. SECTION 27. Contested elections for a Governor and Lieutenant Governor shall be determined by a committee, to be selected from both houses of the General Assembly, and formed and regulated in such manner as shall be directed by law. SECTION 28. The freemen of this Commonwealth (negroes, mulatoes and In- dians excepted) shall be armed and disciplined for its defence. Those who con- scientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service. SECTION 29. The commanding officers of the respective regiments shall ap- point the regimental staff; brigadier generals, their brigade majors; major gen- erals, their aids; and captains, the non-commissioned officers of companies. SECTION 30. A majority of the field officers and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the Governor: Proveded, That no nomination shall be made, unless two at least of the field officers are present; and when two or more persons have an equal, and the highest number of votes, the field officer present who may be high- est in commission shall decide the nomination. SECTION 31. Sheriffs shall be hereafter appointed in the following manner: When the time of a sheriff for ally county may be about to expire, the county court for the same (a majority of all its justices being present) shall in the months of September, Octqber or November next preceding thereto, recom- mend to the Governor two proper persons to fill the office, who are then justices or the county court ; and who shall, in such recommendation, pay a just regard to seniority in office and a regular rotation. One of the persons so recommend- ed shall be commissioned by the Governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified. If the county court shall omit, in the months aforesaid, to make such a recommendation, the Governor shall then nominate, and by and with the advice and consent of the Senate, appoint a fit person to fill such office. ARTICLE IV. Concerning the Judicial Department. SECTION 1. The judicial power of this Commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the Court of Appeals. and in such inferior courte as the General Assembly may, from time to time, erect and establish. 8 SECTION 2. The Court of Appeals, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this con- stitution, as Imay, from time to time, be prescribed by law. SECTION 3. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; but for any reasonable cause, which shall not be sufficient ground of impeachment, tIhe Governor shall remove any of them, on the address of two thirds of each house of the General Assembly: Pro- vided. hlwerer. That the cause or causes for which such removal may be re- quired shall be stated at length in such address, and on the journal of each house. They shall, at stated times, receive for their servic' s. an adequate com- pensation, to be fixed by law. SECTIoN 4. The judges shall, by virtue of their office, be conservators of the peace throughout the State. The style of all process shall be, "The Common- wealth of Kentucky." All prosecutions shall be carried on in the name and by the authority of the Commonwealth of Kentucky. and conclude, against the peace and dignity of the same. SEcTion 5. There shall be established in each county now, or which may hereafter be, erected within this Commonwealth a county court. SECTION 6. A competent number of justices of the peace shall be appointed in each county; they shall be commissioned during good behavior, but may be re- moved on conviction of misbehavior in office, or of any infamous crime, or on the address of two-thirds of each house of the General Assembly: Provided, howeeer, That the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journlm of each house. SECTION 7. The ilumber of the justices of the peace to which the several coun- ties in this Commonwealth now established, or which may hereafter be estab- lished, ought to be entitled to, shall from time to time, be regulated by law. SECTION 8. W henl a surveyor, or coroner, or a justice of the peace shall be needed in ally county, the county court for the sanme, a majority of all its justi- ces concurring therein, shall recommend to the Governor two proper persons to fill the office; one of whom he shall appoint thereto: Provided, howeever, That if the counti court shall, for twelve months, omit to make such recommendation, after being requested by tIme Governor to recomniend proper persons, he shall then nominate, and bv and with the advice and consent of the Senate, appoint a fit person to fill such office. SECTION 9. WIhen a new county shall be erected, a competent number of jus- tices of the peace, a sheriff. amid coroner, therefor, shall be recommended to the Governor, by a majority of all the members of' the House of Representatives from the senatorial district or districts in which the county is situated; and if either of the persons thus recommended shall be rejected by the Governor or tile Senate, another person shall immediately be recommended as aforesaid. SECTION 10. Each court shall appoint its own clerk, who shall hold his office during good be havior; but no person shall be appointed clerk, only pro temipore who shall not produce to the court appointing hini, a certificate from a majority of the judges of thi- Court of Appeals, that he hath bc bn examined by their clerk in their presetce, and under their direction, and that they judge hirm to be well qualified to execute the office of clerk, to any court of the sam)"e dignity, with that for which lie olltrs himself. 'Ilhey shall be removeable for breach of good behavior by the Court of Appeals only, who shall be judges of the fact, as well asof the law. Two thirds of the members present mustconcur in the sentence. SECTION I 1. All commissions shall be in the name and by the authority of the State of Kentucky, and sealed with the State seal, and signed by the Governor. SECTION 12. The State Treasurer, and Printer, or Printers for the Common- wealth, shall be appointed annually by the joint vote of both houses of thae General Assembly: Prerided, That, during the recess of the same, the Gover- nor shall have power to fill vacancies which may hapr)en in either of the said offices. ARTICLE V. Concerning Impeachmnents. SECTION 1. The House of Representatives shall have the sole power of im- peaching. SECTION 2. All impeachments shall be tried by the Senate; when sitting for that purpose, the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present. SECTION 3. The Governor and all civil officers shall be liable to impeachment for any nmisdenieauior in office but judgment, in such cases, shall not extend further than to removal from office, amd disqualification to hold any office of honor, trust or profit under this Commonwealth; but the party convicted shall nevertheless be liable and subject to indictment, trial and punishment according to law. ARTICLE VI. General Prorisioss. SECTION 1. Members of the General Assembly, and all officers, executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or affirmation : "I do solemnly swear (or affirm, as the case may be.) that I will be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of -according to law." SECTioN 2. Treason against the Commonwealth shall consist only in levying war against it, or in adhering to its elnemnies, giving them aid and comfort. No person shall be convicted of treason, tinless on the testimony of two witnesses to the same overt act, or his owIn confession in open court. SECTION 3. Every person shall be disqualified from serving as a Governor, Lieutenant Governor, Senaltor or Representative, for the term for which he shall have been elected. who shall be convicted of having given or offered any bribe or treat to procure his election. SECTION 4. Laws shall be made to exclude froin office acd froni suffrage, those who shall thereafter be convicted of bribery, perjury, forgery. or other high crimes or inisdemimeanors. The privilege of free suffrage shall be supported by laws regulating electiotis, and prohibiting, under adequate penalties. all unduit indluelce thereon from liower, bribery, tumult, or other improper practices. SECTION 5. No money shall be drawn from the Treasury, but itl pursuance of appropriationis made by latw. nor shall aiiy appropriations of money tor the sup. port o aill army, be niade for a longer tine than one year; acud a regular state- Inent and account of the receipts and expenditures of all public money shall be published annually. SECTION 6. The General Asse!mbly shall direct, by law, in what manner, atid in what courts, suits may be brought against tie Cotntaonwealth. SECTION 7. 'rIe manner of administering an oath or affirmation shall be such as is most couisistent with the consciehtce of the deponent, and shall be esteemed by the General Assemibly the most solewn apical to, God. l0 SFCTION 8. All Iowa which, on the first day of June, one thousand seven hun. and ninety two, were in force in the State of Virginia, and which are of a gene- ral nature. and not local to that State,and not repugnant to this constitution, nor to the laws which have been enacted by the Legislature of this Commonwealth, shall be in force within this State, until they shall be altered or repealed by the General Assembly. SECTION 9. 'Ihe compact with the State of Virginia, subject to such alterations as may be made therein agreeably to the mode prescribed by the said compact, shall be considered as part of this constitution. SECTION 10. It shall be the duty of the General Assembly to pass such laws as shall be necssury and proper to decide differences by arbitrators, to be ap- pointed by the parties who may choose that summary mode of adjustment. SECTION 11. All civil officers for the Commonwealth at large, shall reside within the State, and all district, county, or town officers, within their respective districts, counties or towns, (trustees of towns excepted,) and shall keep their respective offices at such places therein, as may be required by law; and all mi- litia officers shall reside in the bounds of the division, brigade, regiment, battal- ion or company, to which they may severally belong. SECTION 12. The Attorney General and other attorneys for this Common- wealth, who receive a fixed annual salary from the public treasury, judges, and clerks of courts, justices of the peace, surveyors of lands, and all commissioned militia officers, shall hold their repective offices during good behavior, and the continuance of their respective courts, under the exceptions contained in this constitution. SECTION 13. Absence on the business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this Common- wealth, under the exceptions contained in this constitution. SECTION 14. It shall be the duty of the General Assembly to regulate, by law, in what cases, and what deduction from the salaries of public officers shall be made, for neglect of duty in their official capacity. SECTION 15. Returns of all elections for Governor, Lieutenant Governor, and members of the General Assembly, shall be made to the Secretary for the time being. SECTION 16. In all elections by the people, anl also by the Senate and Housa of Representatives, jointly or separately, the votes shall be personally and pub- licly given, viva voce. SECTION 17. No member of Congress, nor person holding or exercising any Of- fice of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the General Assembly of this Commonwealth, or hold or exercise any office of trust or profit under the same. SECTION 18. The General Assembly shall direct, by law, how persons who now are or who may hereafter become securities for public officers, may be relieved or discharged on account of such securityship. ARTICLE VII. Concerning Slares. SECTION 1. The Genwral Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, or without pay- ing their owners, previous to such emancipation, a full equivalent in money, for the slaves Po emancipated. They shall have no power to prevent emigrants to shis State from bringing with them such persons as are deemed slaves by the Il laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the lawks of this State. They shall pass laws to permit the owners of slaves to emaneipate them. saving the rights of creditors, and preventing them from becoming a charge to any county in this Commonwealth. They shall have full power to prevent slaves being brought into this State as merchandize. They shall have full power to prevent atnv slaves being brought into this State from a foreign country, and to prevent those from being brought into this State, who have been, since the first day of January, one thousand seven hundred and eighty nine, or may hereafter be imported into any of the United States from a foreign country. And they shall have full power to pass such laws as may be necessary, to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing anid provision, to abstain from all injuries to them, extending to life or limb; and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold, forthe benefit of their owner or owners SECTIoN 2. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law ; except that the General Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury. ARTICLE VIII. The seat of government shall continue in the town of Frankfort, until it shall be removed by law: Provided, however, That two thirds of all the members elec- ted to each house of the General Assembly, shall concur in the passage of such law. ARTICLE IX. Mode of revising the Constitution. When experience shall point out the necessity of amending this constitution, and when a majority of all the members elected to each house of the General Assembly shall, within the first twenty days of their stated annual session, con- cur its passing a law for taking the sense of the good people of this Common- wealth, as to the necessity and expediency of calling a convention, it shall be the duty of the several sheriffs and other returning officers, at the next general election which shall be held for representatives, after the passage of such law, to open a poll for, and make a return to the Secretary for the time being, of the names of all those entitled to vote for representatives, who have voted for call. ing a convention; arid if, thereupon. it shall appear that a majority of all the citizens of this State, entitled to vote for representatives, have voted lor a conven- tion, the General Assembly shall direct that a similar poll shall be opened, and taken for the next year ; and if, thereupon it shall appear that a majority of all the citizens of this State entitled to vote for representatives, have voted for a con- vention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there shall be in the House of Representatives, and no more ; to be chosen in the same manner and proportion, at the same pla- ces, and at the same time, that representatives are, by citizens entitled to vote for representatives ; and to meet within three months after the said election, for the purpose of re-adopting, amenditig, or changing this constitution. But if it shall appear by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for representatives, did not vote for a convention, a con- vention shall not be called. 12 ARAICLE X. That the general. great, and essential principles of liberty and free govern. ment may be recognized and established: WE DECLARE, SECTION 1. That all freemen, when they form a social compact, are equal, and that nous nan or set ot tnenu are entitled to exclusive, separate public emoluments or privileges from the coninlunity, but il s consideration of public services. SECTION " . That a ll powver is inherent in the people, and all free governments are l loLided on their authority, and instituted for their peace, safety and happi. piness. For the advancement of these ends, they have, at all times, an uinaliena- hle and indefeasible right to alter, reform or abolish their government, in such manner as they may think proper. SFCTI N 3. That all men have a natural and indefeasible right to worship Al- mighty God according to the dictates of their own consciences; that no man shall be compelled to attend, erect, or support any place of worship, or to maintait any ministry against his consent; that no human authority ought in any case whatever. to control or interfere with the rights of conscience and that no preference shall ever be given by law to any religious societies or modes of worship. SECTION 4. That the civil rights, privileges, or capacities of any citizen, shall in no wise be diminished or enlarged on account of his religion. SECTIoN 5. That all elections shall be free and equal. SECTION C. That the ancient mode of trial by jury, shall be held sacred, and the right thereof remain inviolate. SECTIONv 7. That printing presses shall be free to every person who under- takes to examine the proceedings of the legislature, or any branch of govern- ment; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being respon- sible for the abuse of that liberty. SECTION 8. In prosecutions for the publication of papers investigating the oflicial condact of officers, or men in a public capacity, or where the matter puiblished is proper for public itformatio , the truth thereof miay be given in evidence; and ill all indictments for libels, the jury shall have a right to deter- mine the law and the facts, under the direction of the court, as in other cases. SECTION 9. That the people shall be secure ill their persons, houses, papers, and possessions, from unreasonable seizures and searches, atid that no warrant to search any place or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or af- tirnation. SECTION 10. That it all crintinal prosecutions, the accnsed hath a right to be heard bv hitmself and counsel; to demand the nature and cause of the accusa- tion against hita; to tmeet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and itl prosecutions by indictment or inform- ation, a speedy public trial by an impartial jury of the vicinage; that he catlnot be conipelled to give evildentce 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. SECTION I1. That no person shall, for any indictable offence, be proceeded against criminally by infitritation, except itt cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, by leave of the court, for oppression or misdemeanor in office. 13 SECTION 1A. No person shall. for the same oiFence, be tice 4 ut Iu jeoPardy( o 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 13. That all courts shall be open, and every penion, for an injury done him in his lands, goods, persols, or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial, or delay. SECTION 14. That no power of suspending laws shall be exercised, unless by the Legislattire or its atithority. SECTION 1l. That excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. SECTION 16. That nil prisoners shall be bailable by sufficient sectirities, unless for capital offences, when the proof is evident or presumption great; and tile privilege of the writ of habeas corpus shall not be suspended, utilesi when in cases of rebellion or invasion the public safety may require it. SECTION 17. That tile person of a debtor, where there is not strong presunip. tion of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. SECTION 18. That no ex postfaclo law, nor any law impairing contracts, shall be made. SECTION 19. That no person shall be attainted of treason or felony by the Legislature. SECTION 20. That no attainder shall work corruption of blood, nor, except dturing the life of the offender, forfeiture of estate to the Commonwealth. SECTION 21. That the estates of such persons as shall destroy their own liv's, shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. SrTTOn 22. That the citizens have a right, in a peaceable manner, to ass5in. 1,1,! t 1tihl r for their emmion good. and to apply to those invested with the pow- r, ,I g-veninient, for redrss of grievanees, or other proper purposes, by petition, adI ress or reoonost railae. SECTION 23. That the rights of the citizens to bear arms in defence of them. selves and the State, shall not be questioned. SECTION 24. That no standing army shall, in time of peace. be kept up, with. out the consent of the Legislature: and the military shall, in all cases and at ail times, be in strict subordination to the civil power. SECTION 25. That no soldier shall, in time of peace, be quartered it) any hoiem - without the consent of the owner; nor in tine of war, but in a manner to be prescribed by law. SECTION 26. That the Legislature shall not grant any title of nobility, or hereditary distinction, nor create any office, the appointment to which shall be for a longer term than during good behavior. SECTION 27. That emigration from the State shall not be prohibited. SECTION 28. To guard against transgressions of the high powers which we have delegated, WE DECLARE, that every thing in this article is excepted out of the general powers of governmetit, and shall forever remaili inviolate; and that all laws contrary thereto, or contrary to this Constitution, shall be void. 14 SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained: SECTION 1. That all laws of this Commonwealth, in force at the time of making the said alterations and amendments, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made. SECTION 2. That all officers now filling any office or appointment, shall contin- ue in the exercise of the duties of their respective offices or appointments, for the terms therein expressed, unless by this Constitution it is otherwise directed. SECTION 3. The oaths ot office herein directed to be taken, may be adminis- tered by any Justice of the Peace, until the Legislature shall otherwise direct. SECTION 4. The General Assembly, to be held in November next, shall appor- tion the Representatives and Senators, and lay off the State into senatorial dis- tricts, conformable to the regulations prescribed by this Constitution. In fixing those apportionments, and in establishing those districts, they shall take for their guide the enumeration directed by law to be made in the present year, by the commissioners of the tax: and the apportionments thus made, shall remain un- altered until the end of the stated annual session of the General Assembly, in the year eighteen hundred and three. SECTION 5. In order that no inconvenience may arise from the change made by this Constitution, in the time of holding the general election, it is hereby or- dained, that the first election for Governor, Lieutenant Governor, and members of the General Assembly, shall commence on the first Monday in May, in the year eighteen hundred. The persons then elected shall continue in office during their several terms of service prescribed by this Constitution, and until the next general election, which shall be held after their said terms shall have respective- ly expired. The returns for the said first election of Governor and Lieutenant Governor, shall be made to the S l retary within fifteen days from the day of election; who shall, as soon as may be, examine and count the same, in the pres- ence of at least two judges of the court of appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election; and if any persons shall be equal anid highest on the poll, the said judges and secretary shall determine the election by lot. SECTIoN 6. This Constitution, except so much thereof as is therein otherwise directed, shall not be in force until the first day of June, in the year one thous- and eight hundred; on which day, the whole thereof shall take full and com- plete effect. Done in Convention, at Frankfort, the seventeenth day of August, one thousand seven hundred and ninety nine, and of the independence of the United States of America, the twenty fourth. ALEXANDER S. 3bULLITT, Prezidenft of Coswentiost ead member from Jeffersons. BOURBON. John Allen, Charles Smith, Robert Wilmot, James Duncan, William Griffith, Nathaniel Rogers. BRACKEN. Philip Buckner. CAMPBELL. Thomas Sandford. CLARKE. Robert Clarke, R. Hickman, William Sudduth. CHRISTIAN. Young Ewing. FAYETTE. John Breckinridge, John McDowoll, John Bell, H. Harrison, B. Thruston, Walter Carr. FRANKLIN. Harry Innis, John Logan. FLEMING. George Stockton. GARRARD. William M. Bledsoe. GREEN. Will. Casey. HARRISON. Henry Coleman, Wm. Elliott Boswell. JEFFERSON, Richard Taylor. JESSAMINE. John Price. LINCOLN. Wm. Logan, N. Huston. LOGAN. John Bailey, Reuben Ewing. MASON. Philemon Thomas, Thomas Marshall, Jr., Joshua Baker. MERCER. Peter Brunner, John Adair, Thomas Allin, Samuel Taylor. MADISON. Green Clay, Thomas Clay, Will. Irvine. MONTGOMERY. Jilson Payne. NELSON. John Rowan, Richard Prather, Nicholas Minor. SHELBY. Benjamin Logan, Abraham Owen. SCOTT. Wm. Henry, Robert Johnson. WOODFORD. Caleb Wallace. Wm. Steele. WASHINGTON. Felix Grundy, Robert Abell. WARREN. Alexander Davidson. I i I I 15 OFFICE OF SECRETARY OF STATE, Janury 3 Ist, 1849. I have curefiully compared the foregoing fifteen pages of printed matter, enti. tled, -The Constitution or Form of Government for the State of Kentucky." with the original enrolled manuscript Constitution on file in this office, and do certify the said fifteen pages to be a correct and true copy of the original. This comparison was made by myself nnd the Public Printer, with a view to insure pcrfect accuracy in the edition of 60,000 copies ordered to be printed by the House of Representatives, at their present session, and can, therefore, be implicitly relied ott. .f In witness whereof, I have hereunto affixed the seal of my office SEAL. and signature this day and date above written. ,..AAd aORLANDO BROWN, Secrelarmy of State.