THIRD CONSTITUTION OF KENTUCKY.
1850
PREAMBLE.
We, the representatives of the people of the
State of Kentucky, in Convention assembled, to secure to all the
citizens thereof the enjoyment of the rights of life, liberty, and
property, and of pursuing happiness, do ordain and establish this
Constitution for its government.
ARTICLE I.
Concerning the Distribution of the Powers of
Government.
SECTION 1. The powers of the Government of the
State of Kentucky shall be divided into three distinct departments, and
each of them be confided to a separate body of magistracy, to wit: those
which are Legislative to one; those which are Executive to another; and
those which are Judiciary, to another.
2. No person, or collection of persons, being of
one of those departments, shall exercise any power properly belonging to
either of the others, except in the instances hereinafter expressly
directed or permitted.
ARTICLE II.
Concerning the Legislative Department.
SECTION 1. The Legislative power shall be vested
in a House of Representatives and Senate, which together shall be styled
the General Assembly of the Commonwealth of Kentucky.
2. The members of the House of Representatives
shall continue in service for the term of two years from the day of the
general election, and no longer.
3. Representatives shall be chosen on the first
Monday in August, in every second year; and the mode of holding the
elections shall be regulated by law.
4. No person shall be a Representative, who, at
the time of his election, is not a citizen of the United States, has not
attained the age of twenty-four years, and who has not resided in this
State two years next preceding his election, and the last year thereof
in the county, town, or city for which he may be chosen.
5. The General Assembly shall divide each county
of this Commonwealth into convenient election precincts, or may delegate
power to do so to such county authorities as may be designated by law;
and elections for Representatives for the several counties shall be held
at the places of holding their respective courts, and in the several
election precincts into which the counties may be divided: Provided,
that when it shall appear to the General Assembly that any city or town
hath a number of qualified voters equal to the ratio then fixed, such
city or town shall be invested with the privilege of a separate
representation, in either or both houses of the General Assembly, which
shall be retained so long as such city or 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
city or town is situated, shall not be held therein; but such city or
town shall not be entitled to a separate representation, unless such
county, after the separation, shall also be entitled to one or more
Representatives. That whenever a city or town shall be entitled to a
separate representation in either house of the General Assembly, and by
its numbers shall be entitled to more than one Representative, such city
or town shall be divided, by squares which are contiguous, so as to make
the most compact form, into Representative Districts, as nearly equal as
may be, equal to the number of Representatives to which such city or
town may be entitled; and one Representative shall be elected from each
district. In like manner shall said city or town be divided into
Senatorial Districts, when, by the apportionment, more than one Senator
shall be allotted to such city or town; and a Senator shall be elected
from each Senatorial District; but no ward or municipal division shall
be divided by such division of Senatorial or Representative Districts,
unless it be necessary to equalize the Elective, Senatorial, or
Representative Districts.
6. Representation shall be equal and uniform in
this Commonwealth, and shall be forever regulated and ascertained by the
number of qualified voters therein. In the year 1850, again in the year
1857, and every eighth year thereafter, an enumeration of all the
qualified voters of the State shall be made; and to secure uniformity
and equality of representation, the State is hereby laid off into ten
districts. The first district shall be composed of the counties of
Fulton, Hickman, Ballard, McCracken, Graves, Calloway, Marshall,
Livingston, Crittenden, Union, Hopkins, Caldwell, and Trigg. The second
district shall be composed of the counties of Christian, Muhlenburg,
Henderson, Daviess, Hancock, Ohio, Breckenridge, Meade, Grayson, Butler,
and Edmonson. The third district shall be composed of the counties of
Todd, Logan, Simpson, Warren, Allen, Monroe, Barren, and Hart. The
fourth district shall be composed of the counties of Cumberland, Adair,
Green, Taylor, Clinton, Russell, Wayne, Pulaski, Casey, Boyle, and
Lincoln. The fifth district shall be composed of the counties of Hardin,
Larue, Bullitt, Spencer, Nelson, Washington, Marion, Mercer, and
Anderson. The sixth district shall be composed of the counties of
Garrard, Madison, Estill, Owsley, Rockcastle, Laurel, Clay, Whitley,
Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The seventh
district shall be composed of the counties of Jefferson, Oldham,
Trimble, Carroll, Henry, and Shelby, and the city of Louisville. The
eighth district shall be composed of the counties of Bourbon, Fayette,
Scott, Owen, Franklin, Woodford, and Jessamine. The ninth district shall
be composed of the counties of Clark, Bath, Montgomery, Fleming, Lewis,
Greenup, Carter, Lawrence, Morgan, and Breathitt. The tenth district
shall be composed of the counties of Mason, Bracken, Nicholas, Harrison,
Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. The number of
Representatives shall, at the several sessions of the General Assembly,
next after the making of the enumerations, be apportioned among the ten
several districts, according to the number of qualified voters in each;
and the Representatives shall be apportioned, as near as may be, among
the counties, towns, and cities in each district; and in making such
apportionment the following rules shall govern, to wit: Every county,
town or city having the ratio shall have one Representative; if double
the ratio, two Representatives, and so on. Next, the counties, towns or
cities having one or more Representatives, and the largest number of
qualified voters above the ratio, and counties having the largest number
under the ratio shall have a Representative, regard being always had to
the greatest number of qualified voters: Provided, that when a county
may not have a sufficient number of qualified voters to entitle it to
one Representative, then such county may be joined to some adjacent
county or counties, which counties shall send one Representative. When a
new county shall be formed of territory belonging to more than one
district, it shall form a part of that district having the least number
of qualified voters.
7. The House of Representatives shall choose its
Speaker and other officers.
8. Every free white male citizen, of the age of
twenty-one years, who has resided in the State two years, or in the
county, town, or city, in which he offers to vote, one year next
preceding the election, shall be a voter; but such voter shall have
been, for sixty days next preceding the election, a resident of the
precinct in which he offers to vote, and he shall vote in said precinct,
and not elsewhere.
9. Voters, in all cases except treason, felony,
breach or surety of the peace, shall be privileged from arrest during
their attendance at, going to, and returning from elections.
10. Senators shall be chosen for the term of
four years, and the Senate shall have power to choose its officers
biennially.
11. Senators and Representatives shall be
elected, under the first apportionment after the adoption of this
Constitution, in the year 1851.
12. At the session of the General Assembly next
after the first apportionment under this Constitution, the Senators
shall be divided by lot, as equally as may be, into two classes; the
seats of the first class shall be vacated at the end of two years from
the day of the election, and those of the second class at the end of
four years, so that one-half shall be chosen every two years.
13. The number of Representatives shall be
one-hundred, and the number of Senators thirty-eight.
14. At every apportionment of representation,
the State shall be laid off into thirty-eight Senatorial Districts,
which shall be so formed as to contain, as near as may be, an equal
number of qualified voters, and so that no county shall be divided in
the formation of a Senatorial District, except such county shall be
entitled, under the enumeration, to two or more Senators; and where two
or more counties compose a district, they shall be adjoining.
15. One Senator for each district shall be
elected by the qualified voters therein, who shall vote in the precincts
where they reside, at the places where elections are by law directed to
be held.
16. No person shall be a Senator who, at the
time of his election, is not a citizen of the United States; has not
attained the age of thirty years, and who has not resided in this State
six years next preceding his election, and the last year thereof in the
district for which he may be chosen.
17. The election for Senators, next after the
first apportionment under this Constitution, shall be general throughout
the State, and at the same time that the election for Representatives is
held, and thereafter there shall be a biennial election for Senators to
fill the places of those whose term of service may have expired.
18. The General Assembly shall convene on the
first Monday in November, after the adoption of this Constitution, and
again on the first Monday in November, 1851, and on the same day of
every second year thereafter, unless a different day be appointed by
law; and their sessions shall be held at the seat of government.
19. 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 number 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.
20. Each house of the General Assembly shall
judge of the qualifications, elections, and returns of its members; but
a contested election shall be determined in such manner as shall be
directed by law.
21. Each house of the General Assembly may
determine the rules of its proceedings, punish a member for disorderly
behavior, and, with the concurrence of two-thirds, expel a member; but
not a second time for the same cause.
22. Each house of the General Assembly shall
keep and publish, weekly, 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.
23. Neither house, during the session of the
General Assembly, shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which they may
be sitting.
24. The members of the General Assembly shall
severally receive, from the public treasury, a compensation for their
services, which shall be three dollars a day during their attendance on,
and twelve and a half cents per mile for the necessary travel in going
to, and returning from, the sessions of their respective houses:
Provided, that the same may be increased or diminished by law; but no
alteration shall take effect during the session at which such alteration
shall be made; nor shall a session of the General Assembly continue
beyond sixty days, except by a vote of two-thirds of all the members
elected to each house, but this shall not apply to the first session
held under this Constitution.
25. The members of the General Assembly shall,
in all cases except treason, felony, breach or surety of the peace, be
privileged from arrest during their attendance at the sessions of their
respective houses, and in going to, and returning from, the same; and
for any speech or debate in either house, they shall not be questioned
in any other place.
26. No Senator or Representative shall, during
the term for which he was elected, nor for one year thereafter, be
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 said term, except to such offices
or appointments as may be filled by the election of the people.
27. No person, while he continues to exercise
the functions of a clergyman, priest, or teacher of any religious
persuasion, society, or sect, nor while he holds or exercises any office
of profit under this Commonwealth, or under the government of the United
States, shall be eligible to the General Assembly, except attorneys at
law, justices of the peace, and militia officers: Provided, that
attorneys for the Commonwealth, who receive a fixed annual salary, shall
be ineligible.
28. No person who, at any time, may have been a
collector of taxes or public moneys for the State, or the assistant or
deputy of such collector, shall be eligible to the General Assembly,
unless he shall have obtained a quietus six months before the election,
for the amount of such collection, and for all public moneys for which
he may have been responsible.
29. 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 allowed 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.
30. All bills for raising revenue shall
originate in the House of Representatives, but the Senate may propose
amendments, as in other bills: Provided, that they shall not introduce
any new matter, under color of amendment, which does not relate to
raising revenue.
31. The General Assembly shall regulate, by law,
by whom and in what manner writs of election shall be issued to fill the
vacancies which may happen in either branch thereof.
32. The General Assembly shall have no power to
grant divorces, to change the names of individuals, or direct the sales
of estates belonging to infants, or other persons laboring under legal
disabilities, by special legislation; but by general laws shall confer
such powers on the courts of justice.
33. The credit of this Commonwealth shall never
be given or loaned in aid of any person, association, municipality, or
corporation.
34. The General Assembly shall have no power to
pass laws to diminish the resources of the Sinking Fund, as now
established by law, until the debt of the State be paid, but may pass
laws to increase them; and the whole resources of said fund, from year
to year, shall be sacredly set apart and applied to the payment of the
interest and principal of the State debt, and to no other use or purpose
until the whole debt of the State is fully paid and satisfied.
35. The General Assembly may contract debts to
meet casual deficits or failures in the revenue, but such debts, direct
or contingent, singly or in the aggregate, shall not, at any time,
exceed five hundred thousand dollars; and the moneys arising from loans
creating such debts, shall be applied to the purposes for which they
were obtained, or to repay such debts: Provided, that the State may
contract debts to repel invasion, suppress insurrection, or, if
hostilities are threatened, provide for the public defense.
36. No act of the General Assembly shall
authorize any debt to be contracted on behalf of the Commonwealth,
except for the purposes mentioned in the thirty-fifth section of this
article, unless provision be made therein to lay and collect an annual
tax sufficient to pay the interest stipulated, and to discharge the debt
within thirty years; nor shall such act take effect until it shall have
been submitted to the people at a general election, and shall have
received a majority of all the votes cast for and against it: Provided,
that the General Assembly may contract debts, by borrowing money to pay
any part of the debt of the State, without submission to the people, and
without making provision in the act authorizing the same for a tax to
discharge the debt so contracted, or the interest thereon.
37. No law, enacted by the General Assembly,
shall relate to more than one subject, and that shall be expressed in
the title.
38. The General Assembly shall not change the
venue in any criminal or penal prosecution, but shall provide for the
same by general laws.
39. The General Assembly may pass laws
authorizing writs of error in criminal or penal cases, and regulating
the right of challenge of jurors therein.
40. The General Assembly shall have no power to
pass any act, or resolution, for the appropriation of any money, or the
creation of any debt, exceeding the sum of one hundred dollars, at any
one time, unless the same, on its final passage, shall be voted for by a
majority of all the members then elected to each branch of the General
Assembly; and the yeas and nays thereon entered on the journal.
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.
2. The Governor shall be elected for the term of
four years, by the qualified voters of the State, at the time when, 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 General Assembly may direct.
3. The Governor shall be ineligible for the
succeeding four years after the expiration of the term for which he
shall have been elected.
4. He 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.
5. He shall commence the execution of the duties
of his office on the fifth Tuesday succeeding the day of the General
Election on which he shall have been chosen, and shall continue in the
execution thereof until his successor shall have taken the oaths, or
affirmations, prescribed by this Constitution.
6. No member of Congress, or person holding any
office under the United States, or minister of any religious society,
shall be eligible to the office of Governor.
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 was elected.
8. He shall be Commander-in-Chief of the army
and navy of this Commonwealth, and of 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 advised so to do by a
resolution of the General Assembly.
9. He shall have power to fill vacancies that
may occur, by granting commissions, which shall expire when such
vacancies shall have been filled according to the provisions of this
Constitution.
10. 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 Assembly, in which the
power of pardoning shall be vested; but he shall have no power to remit
the fees of the Clerk, Sheriff, or Commonwealth's Attorney, in penal or
criminal cases.
11. He may require information, in writing, from
the officers in the Executive Department, upon any subject relating to
the duties of their respective offices.
12. He shall, from time to time, give to the
General Assembly information of the State of the Commonwealth, and
recommend to their consideration such measures as he may deem expedient.
13. He may, on extraordinary occasions, convene
the General Assembly at the seat of government, or at a different place
if that should have become, since their last adjournment, dangerous from
an enemy, or from contagious disorders; and in case of disagreement
between the two houses, with respect to the time of adjournment, he may
adjourn them to such time as he shall think proper, not exceeding four
months.
14. He shall take care that the laws be
faithfully executed.
15. A Lieutenant Governor shall be chosen at
every regular election for Governor, in the same manner, to continue in
office for the same time, and possess the same qualifications as the
Governor. In voting for Governor and Lieutenant Governor, the electors
shall state for whom they vote as Governor, and for whom as Lieutenant
Governor.
16. He shall, by virtue of his office, be
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.
17. Should the Governor be impeached, removed
from office, die, refuse to qualify, resign, or be absent from the
State, the Lieutenant Governor shall exercise all the power and
authority appertaining to the office of Governor, until another be duly
elected and qualified, or the Governor, absent or impeached, shall
return or be acquitted.
18. Whenever the Government shall be
administered by the Lieutenant Governor, or he shall fail to attend as
Speaker of the Senate, the Senators 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 government:
Provided, that whenever a vacancy shall occur in the office of Governor,
before the first two years of the term shall have expired, a new
election for Governor shall take place to fill such vacancy.
19. The Lieutenant Governor, or Speaker pro
tempore of the Senate, while he acts as Speaker of 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, had he been employed in the duties of his office.
20. 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 be the duty of the Secretary of
State, for the time being, to convene the Senate for the purpose of
choosing a Speaker.
21. The Governor shall nominate, and, by and
with the advice and consent of the Senate, appoint a Secretary of State,
who shall be commissioned during the term for which the Governor was
elected, if he shall so long behave himself well. He shall keep a fair
register, and attest all the official acts of the Governor, and shall,
when required, lay the same, and all papers, minutes, and vouchers,
relative thereto, before either house of the General Assembly, and shall
perform such other duties as may be required of him by law.
22. Every bill, which shall have passed both
houses, shall be presented 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 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 members voting for and against the bill, shall be
entered upon the journals 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.
23. Every order, resolution, or vote, in 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 elected to both houses,
according to the rules and limitations prescribed in case of a bill.
24. Contested elections for Governor and
Lieutenant Governor shall be determined by both houses of the General
Assembly, according to such regulations as may be established by law.
25. A treasurer shall be elected by the
qualified voters of the State, for the term of two years; and an Auditor
of Public Accounts, Register of the Land Office, and Attorney General,
for the term of four years. The duties and responsibilities of these
officers shall be prescribed by law: Provided, that inferior State
officers, not specially provided for in this Constitution, may be
appointed, or elected, in such manner as shall be prescribed by law, for
a term not exceeding four years.
26. The first election, under this Constitution,
for Governor, Lieutenant Governor, Treasurer, Auditor of Public
Accounts, Register of the Land Office, and Attorney General, shall be
held on the first Monday in August in the year 1851.
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 (to be styled the Court of Appeals,) the Courts
established by this Constitution, and such Courts, inferior to the
Supreme Court, as the General Assembly may, from time to time, erect and
establish.
CONCERNING THE COURT OF APPEALS.
2. The Court of Appeals shall have appellate
jurisdiction only, which shall be co-extensive with the State, under
such restrictions and regulations, not repugnant to this Constitution,
as may, from time to time, be prescribed by law.
3. The Judges of the Court of Appeals shall,
after their first term, hold their offices for eight years, from and
after their election, and until their successors shall be duly
qualified, subject to the conditions hereinafter prescribed; but for any
reasonable cause, the Governor shall remove any of them on the address
of two-thirds of each house of the General Assembly: Provided, however,
that the cause or causes for which such removal may be required, shall
be stated at length in such address, and on the journal of each house.
They shall, at stated times, receive for their services an adequate
compensation, to be fixed by law, which shall not be diminished during
the time for which they shall have been elected.
4. The Court of Appeals shall consist of four
Judges, any three of whom may constitute a Court for the transaction of
business. The General Assembly, at its first session after the adoption
of this Constitution, shall divide the State, by counties, in four
districts, as nearly equal in voting population, and with as convenient
limits as may be, in each of which the qualified voters shall elect one
Judge of the Court of Appeals: Provided, that whenever a vacancy shall
occur in said Court, from any cause, the General Assembly shall have the
power to reduce the number of Judges and districts; but in no event
shall there be less than three Judges and districts. Should a change in
the number of the Judges of the Court of Appeals be made, the term of
office and number of districts shall be so changed as to preserve the
principle of electing one Judge every two years.
5. The Judges shall, by virtue of their offices,
be conservators of the peace throughout the State. The style of all
process shall be, "The Commonwealth 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.”
6. The Judges first elected shall serve as
follows, to wit: one shall serve until the first Monday in August, 1852;
one until the first Monday in August, 1854; one until the first Monday
in August, 1856; and one until the first Monday in August, 1858. The
Judges, at the first term of the Court succeeding their election, shall
determine, by lot, the length of time which each one shall serve; and at
the expiration of the service of each, an election in the proper
district shall take place to fill the vacancy. The Judge having the
shortest time to serve shall be styled the Chief Justice of Kentucky.
7. If a vacancy shall occur in said Court from
any cause, the Governor shall issue a writ of election to the proper
district to fill such vacancy for the residue of the term: Provided,
that if the unexpired term be less than one year, the Governor shall
appoint a Judge to fill such vacancy.
8. No person shall be eligible to the office of
Judge of the Court of Appeals, who is not a citizen of the United
States, a resident of the district for which he may be a candidate two
years next preceding his election, at least thirty years of age, and who
has not been a practicing lawyer eight years, or whose service upon the
bench of any Court of record, when added to the time he may have
practiced law, shall not be equal to eight years.
9. The Court of Appeals shall hold its sessions
at the seat of government, unless otherwise directed by law; but the
General Assembly may, from time to time, direct that said Court shall
hold its sessions in any one or more of said districts.
10. The first election of the Judges and Clerk
or Clerks of the Court of Appeals shall take place on the second Monday
in May, 1851, and thereafter, in each district as a vacancy may occur,
by the expiration of the term of office; and the Judges of the said
Court shall be commissioned by the Governor.
11. There shall be elected, by the qualified
voters of this State, a Clerk of the Court of Appeals, who shall hold
his office from the first election until the first Monday in August,
1858, and thereafter for the term of eight years from and after his
election; and should the General Assembly provide for holding the Court
of Appeals in any one or more of said districts, they shall also provide
for the election of a Clerk by the qualified voters of such district,
who shall hold his office for eight years, possess the same
qualifications, and be subject to removal in the same manner as the
Clerk of the Court of Appeals; but if the General Assembly shall, at its
first or any other session, direct the Court of Appeals to hold its
session in more than one district, a Clerk shall be elected by the
qualified voters of such district. And the Clerk, first provided for in
this section, shall be elected by the qualified voters of the other
district or districts. The same principle shall be observed whenever the
Court shall be directed to hold its sessions in either of the other
districts. Should the number of Judges be reduced, the term of the
office of Clerk shall be six years.
12. No person shall be eligible to the office of
Clerk of the Court of Appeals, unless he be a citizen of the United
States, a resident of the State two years next preceding his election,
of the age of twenty-one years, and have a certificate from a Judge of
the Court of Appeals, or a Judge of the Circuit Court, that he has been
examined by the Clerk of his Court, under his supervision, and that he
is qualified for the office for which he is a candidate.
13. Should a vacancy occur in the office of
Clerk of the Court of Appeals, the Governor shall issue a writ of
election, and the qualified voters of the State, or of the district in
which the vacancy may occur, shall elect a Clerk of the Court of
Appeals, to serve until the end of the term for which such clerk was
elected: Provided, that when a vacancy shall occur from any cause, or
the Clerk be under charges upon information, the Judges of the Court of
Appeals shall have power to appoint a Clerk pro tem, to perform the
duties of Clerk until such vacancy shall be filled, or the Clerk
acquitted: And, provided further, that no writ of election shall issue
to fill a vacancy unless the unexpired term exceed one year.
14. The General Assembly shall direct, by law,
the mode and manner of conducting and making due returns to the
Secretary of State, of all elections of the Judges and Clerk or Clerks
of the Court of Appeals, and of determining contested elections of any
of these officers.
15. The General Assembly shall provide for an
additional Judge or Judges, to constitute, with the remaining Judge or
Judges, a special Court for the trial of such cause or causes as may, at
any time, be pending in the Court of Appeals, on the trial of which a
majority of the Judges cannot sit, on account of interest in the event
of the cause; or on account of their relationship to either party; or
when a Judge may have been employed in or decided the cause in the
inferior Court.
CONCERNING THE CIRCUIT COURTS.
16. A Circuit Court shall be established in each
county now existing, or which may hereafter be erected in this
Commonwealth.
17. The jurisdiction of said Court shall be and
remain as now established, hereby giving to the General Assembly the
power to change or alter it.
18. The right to appeal or sue out a writ of
error to the Court of Appeals shall remain as it now exists, until
altered by law, hereby giving to the General Assembly the power to
change, alter, or modify said right.
19. At the first session after the adoption of
this Constitution, the General Assembly shall divide the State into
twelve judicial districts, having due regard to business, territory, and
population: Provided, That no county shall be divided.
20. They shall, at the same time that the
judicial districts are laid off, direct elections to be held in each
district, to elect a Judge for said district, and shall prescribe in
what manner the elections shall be conducted. The first election of
Judges of the Circuit Court shall take place on the second Monday in
May, 1851; and afterwards, on the first Monday in August, 1856, and on
the first Monday in August in every sixth year thereafter.
21. All persons qualified to vote for members of
the General Assembly, in each district, shall have the right to vote for
Judges.
22. No person shall be eligible as Judge of the
Circuit Court who is not a citizen of the United States, a resident of
the district for which he may be a candidate two years next preceding
his election, at least thirty years of age, and who has not been a
practicing lawyer eight years, or whose service upon the bench of any
Court of record, when added to the time he may have practiced law, shall
not be equal to eight years.
23. The Judges of the Circuit Court shall, after
their first term, hold their office for the term of six years from the
day of their election. They shall be commissioned by the Governor, and
continue in office until their successors be qualified, but shall be
removable from office in the same manner as the Judges of the Court of
Appeals; and the removal of a Judge from his district shall vacate his
office.
24. The General Assembly, if they deem it
necessary, may establish one additional district every four years, but
the judicial districts shall not exceed sixteen, until the population of
this State shall exceed one million five hundred thousand.
25. The Judges of the Circuit Courts shall, at
stated times, receive for their services an adequate compensation, to be
fixed by law, which shall be equal and uniform throughout the State, and
which shall not be diminished during the time for which they were
elected.
26. If a vacancy shall occur in the office of
Judge of the Circuit Court, the Governor shall issue a writ of election
to fill such vacancy, for the residue of the term: Provided, that if the
unexpired term be less than one year, the Governor shall appoint a Judge
to fill such vacancy.
27. The Judicial Districts of this State shall
not be changed, except at the first session after an enumeration, unless
when a new District may be established.
28. The General Assembly shall provide by law
for holding Circuit Courts, when, from any cause, the Judge shall fail
to attend, or, if in attendance, cannot properly preside.
CONCERNING COUNTY COURTS.
29. A County Court shall be established in each
county now existing, or which may hereafter be erected within this
Commonwealth, to consist of a Presiding Judge, and two Associate Judges,
any two of whom shall constitute a court for the transaction of
business: Provided, the General Assembly may at any time abolish the
office of the Associate Judges, whenever it shall be deemed expedient;
in which event they may associate with said court any or all of the
Justices of the Peace for the transaction of business.
30. The Judges of the County Courts shall be
elected by the qualified voters in each county, for the term of four
years, and shall continue in office until their successors be duly
qualified, and shall receive such compensation for their services as may
be provided by law.
31. The first election of County Court Judges
shall take place at the same time of the election of Judges of the
Circuit Court. The Presiding Judge, first elected, shall hold his office
until the first Monday in August, 1854. The Associate Judges shall hold
their offices until the first Monday in August, 1852, and until their
successors be qualified; and afterwards elections shall be held on the
first Mondays in August, in the years in which vacancies regularly
occur.
32. No person shall be eligible to the office of
Presiding or Associate Judge of the County Court, unless he be a citizen
of the United States, over twenty-one years of age, and shall have been
a resident of the county in which he shall be chosen, one year next
preceding the election.
33. The jurisdiction of the County Court shall
be regulated by law; and, until changed, shall be the same now vested in
the County Courts of this State.
34. Each county in this State shall be laid off
into districts of convenient size, as the General Assembly may, from
time to time, direct. Two Justices of the Peace shall be elected in each
district, by the qualified voters therein, at such time and place as may
be prescribed by law, for the term of four years, whose jurisdiction
shall be co-extensive with the county; no person shall be eligible as a
Justice of the Peace, unless he be a citizen of the United States,
twenty-one years of age, and a resident of the district in which he may
be a candidate.
35. Judges of the County Court, and Justices of
the Peace, shall be conservators of the peace. They shall be
commissioned by the Governor. County and district officers shall vacate
their offices by removal from the district or county in which they shall
be appointed. The General Assembly shall provide, by law, the manner of
conducting and making due return of all elections of Judges of the
County Court and Justices of the Peace, and for determining contested
elections, and provide the mode of filling vacancies in these offices.
36. Judges of the County Court and Justices of
the Peace, Sheriffs, Coroners, Surveyors, Jailers, County Assessor,
Attorney for the County, and Constables, shall be subject to indictment
or presentment for malfeasance or misfeasance in office, or willful
neglect in the discharge of their official duties, in such mode as may
be prescribed by law, subject to appeal to the Court of Appeals; and
upon conviction, their offices shall become vacant.
37. The General Assembly may provide, by law,
that the Justices of the Peace in each county shall sit at the Court of
Claims and assist in laying the county levy and making appropriations
only.
38. When any city or town shall have a separate
representation, such city or town, and the county in which it is
located, may have such separate Municipal Courts, and executive and
ministerial officers as the General Assembly may, from time to time,
provide.
39. The Clerks of the Court of Appeals, Circuit,
and County Courts, shall be removable from office by the Court of
Appeals, upon information and good cause shown. The Court shall be
judges of the fact as well as the law. Two-thirds of the members present
must concur in the sentence.
40. The Louisville Chancery Court shall exist
under this Constitution, subject to repeal, and its jurisdiction to
enlargement and modification by the General Assembly. The Chancellor
shall have the same qualifications as a Circuit Court Judge, and the
Clerk of said Court as a Clerk of a Circuit Court, and the Marshal of
said Court as a Sheriff; and the General Assembly shall provide for the
election, by the qualified voters within its jurisdiction, of the
Chancellor, Clerk, and Marshal of said Court, at the same time that the
Judge and Clerk of the Circuit Court are elected for the county of
Jefferson, and they shall hold their offices for the same time, and
shall be removable in the same manner: Provided, that the Marshal of
said Court shall be ineligible for the succeeding term.
41. The City Court of Louisville, the Lexington
City Court, and all other Police Courts established in any city or town,
shall remain, until otherwise directed by law, with their present powers
and jurisdictions; and the Judges, Clerks, and Marshals of such Courts
shall have the same qualifications, and shall be elected by the
qualified voters of such cities or towns, at the same time, and in the
same manner, and hold their offices for the same term as County Judges,
Clerks, and Sheriffs, respectively, and shall be liable to removal in
the same manner. The General Assembly may vest judicial powers, for
police purposes, in Mayors of cities, Police Judges, and Trustees of
towns.
ARTICLE V.
Concerning Impeachments.
SECTION 1. The House of Representatives shall
have the sole power of impeachment.
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.
3. The Governor, and all civil officers, shall
be liable to impeachment for any misdemeanor in office; but judgment in
such cases shall not extend further than to removal from office, and
disqualification to hold any office of honor, trust, or profit, under
this Commonwealth; but the party convicted shall, nevertheless, be
subject and liable to indictment, trial, and punishment by law.
ARTICLE VI.
Concerning Executive and Ministerial Officers
for Counties and Districts.
SECTION 1. A Commonwealth's Attorney for each
judicial district, and a Circuit Court Clerk for each county, shall be
elected, whose term of office shall be the same as that of the Circuit
Judges; also, a County Court Clerk, an Attorney, Surveyor, Coroner, and
Jailer, for each county, whose term of office shall be the same as that
of the Presiding Judge of the County Court.
2. No person shall be eligible to the offices
mentioned in this article, who is not at the time twenty-four years old
(except Clerks of County and Circuit Courts, Sheriffs, Constables, and
County Attorneys, who shall be eligible at the age of twenty-one years,)
a citizen of the United States, and who has not resided two years, next
preceding the election, in the State, and one year in the county or
district for which he is a candidate. No person shall be eligible to the
office of Commonwealth's or County Attorney, unless he shall have been a
licensed practicing attorney for two years. No person shall be eligible
to the office of Clerk, unless he shall have procured from a Judge of
the Court of Appeals, or a Judge of the Circuit Court, a certificate
that he has been examined by the Clerk of his Court, under his
supervision, and that he is qualified for the office for which he is a
candidate.
3. The Commonwealth's Attorney and Circuit Court
Clerk shall be elected at the same time as the Circuit Judge -- the
Commonwealth's Attorney by the qualified voters of the district, the
Circuit Court Clerk by the qualified voters of the county. The County
Attorney, Clerk, Surveyor, Coroner, and Jailer shall be elected at the
same time, and in the same manner, as the Presiding Judge of the County
Court.
4. A Sheriff shall be elected in each county, by
the qualified voters thereof, whose term of office shall, after the
first term, be two years, and until his successor be qualified; and he
shall be re-eligible for a second term; but no Sheriff shall, after the
expiration of the second term, be re-eligible, or act as deputy, for the
succeeding term. The first election of Sheriffs shall be on the second
Monday in May, 1851; and the Sheriffs then elected shall hold their
offices until the first Monday in January, 1853, and until their
successors be qualified; and on the first Monday in August, 1852, and on
the first Monday of August in every second year thereafter, elections
for Sheriffs shall be held: Provided, that the Sheriffs first elected
shall enter upon the duties of their respective offices on the first
Monday in June, 1851; and after the first election, on the first Monday
in January next succeeding their election.
5. A Constable shall be elected in every
Justices’ District, who shall be chosen for two years, at such time and
place as may be provided by law, whose jurisdiction shall be
co-extensive with the county in which he may reside.
6. Officers for towns and cities shall be
elected for such terms, and in such manner, and with such
qualifications, as may be prescribed by law.
7. Vacancies in offices under this article shall
be filled, until the next regular election, in such manner as the
General Assembly may provide.
8. When a new county shall be erected, officers
for the same, to serve until the next stated election, shall be elected
or appointed in such way, and at such times, as the General Assembly may
prescribe.
9. Clerks, Sheriffs, Surveyors, Coroners,
Constables, and Jailers, and such other officers as the General Assembly
may, from time to time, require, shall, before they enter upon the
duties of their respective offices, and as often thereafter as may be
deemed proper, give such bond and security as shall be prescribed by
law.
10. The General Assembly may provide for the
election or appointment, for a term not exceeding four years, of such
other county or district ministerial and executive officers as shall,
from time to time, be necessary and proper.
11. A County Assessor shall be elected in each
county at the same time and for the same term that the Presiding Judge
of the County Court is elected, until otherwise provided for by law. He
shall have power to appoint such assistants as may be necessary and
proper.
ARTICLE VII.
Concerning the Militia.
SECTION 1. The Militia of this Commonwealth
shall consist of all free, able-bodied male persons (negroes, mulattoes,
and Indians excepted,) resident in the same, between the ages of
eighteen and forty-five years; except such persons as now are, or
hereafter may be, exempted by the laws of the United States or of this
State; but those who belong to religious societies, whose tenets forbid
them to carry arms, shall not be compelled to do so, but shall pay an
equivalent for personal services.
2. The Governor shall appoint the Adjutant
General, and his other staff officers; the Major Generals, Brigadier
Generals, and Commandants of Regiments shall, respectively, appoint
their staff officers; and Commandants of Companies shall appoint their
non-commissioned officers.
3. All militia officers, whose appointment is
not herein otherwise provided for, shall be elected by persons subject
to military duty within their respective companies, battalions,
regiments, brigades, and divisions, under such rules and regulations,
and for such terms, not exceeding six years, as the General Assembly
may, from time to time, direct and establish.
ARTICLE VIII.
General Provisions.
SECTION 1. Members of the General Assembly, and
all officers, before they enter upon the execution of the duties of
their respective offices, and all members of the bar, before they enter
upon the practice of their profession, shall take the following oath or
affirmation: I do solemnly swear, (or affirm, as the case may be,) that
I will support the Constitution of the United States, and the
Constitution of this State, and 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; and I do further solemnly swear, (or affirm,) that
since the adoption of the present Constitution, I, being a citizen of
this State, have not fought a duel with deadly weapons, within this
State, nor out of it with a citizen of this State, nor have I sent or
accepted a challenge to fight a duel with deadly weapons, with a citizen
of this State; nor have I acted as second in carrying a challenge, or
aided, or assisted any person thus offending---so help me God.
2. Treason against the Commonwealth shall
consist only in levying war against it, or in adhering to its enemies,
giving them aid and comfort. No person shall be convicted of treason,
unless on the testimony of two witnesses to the same overt act, or his
own confession in open court.
3. Every person shall be disqualified from
holding any office of trust or profit 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.
4. Laws shall be made to exclude from office and
from suffrage, those who shall thereafter be convicted of bribery,
perjury, forgery, or other crimes or high misdemeanors. The privilege of
free suffrage shall be supported by laws regulating elections, and
prohibiting, under adequate penalties, all undue influence thereon from
power, bribery, tumult, or other improper practices.
5. No money shall be drawn from the Treasury,
but in pursuance of appropriations made by law, nor shall any
appropriations of money for the support of an army be made for a longer
time than two years, and a regular statement and account of the receipts
and expenditures of all public money shall be published annually.
6. The General Assembly may direct, by law, in
what manner, and in what Courts, suits may be brought against the
Commonwealth.
7. The manner of administering an oath or
affirmation shall be such as is most consistent with the conscience of
the deponent, and shall be esteemed by the General Assembly the most
solemn appeal to God.
8. All laws which, on the first day of June, one
thousand seven hundred and ninety-two, were in force in the State of
Virginia, and which are of a general nature, and not local to that
State, and not repugnant to this Constitution, nor to the laws which
have been enacted by the General Assembly of this Commonwealth, shall be
in force within this State, until they shall be altered or repealed by
the General Assembly.
9. The
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.
10. It shall be the duty of the General Assembly
to pass such laws as shall be necessary and proper to decide differences
by arbitrators, to be appointed by the parties who may choose that
summary mode of adjustment.
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 offices at such
places therein as may be required by law; and all militia officers shall
reside in the bounds of the division, brigade, regiment, battalion, or
company, to which they may severally belong.
12. 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 Commonwealth, under the exceptions
contained in this Constitution.
13. It shall be the duty of the General Assembly
to regulate, by law, in what cases, and what deductions from the
salaries of public officers shall be made, for neglect of duty in their
official capacity.
14. Returns of all elections by the people,
shall be made to the Secretary of State, for the time being, except in
those cases otherwise provided for in this Constitution, or which shall
be otherwise directed by law.
15. In all elections by the people, and also by
the Senate and House of Representatives, jointly or separately, the
votes shall be personally and publicly given, viva voce: Provided, that
dumb persons, entitled to suffrage, may vote by ballot.
16. All elections by the people shall be held
between the hours of six o'clock in the morning and seven o'clock in the
evening.
17. The General Assembly shall, by law,
prescribe the time when the several officers authorized or directed by
this Constitution to be elected or appointed, shall enter upon the
duties of their respective offices, except where the time is fixed by
this Constitution.
18. No member of Congress, nor person holding or
exercising any office 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.
19. 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.
20. Any person who shall, after the adoption of
this Constitution, either directly or indirectly, give, accept, or
knowingly carry a challenge to any person or persons, to fight in single
combat, with a citizen of this State, with any deadly weapon, either in
or out of the State, shall be deprived of the right to hold any office
of honor or profit in this Commonwealth, and shall be punished otherwise
in such manner as the General Assembly may prescribe by law.
21. The Governor shall have power, after five
years from the time of the offense, to pardon all persons who shall have
in any wise participated in a duel, either as principals, seconds, or
otherwise, and to restore him or them to all the rights, privileges, and
immunities to which he or they were entitled before such participation.
And upon the presentation of such pardon, the oath prescribed in the
first section of this article shall be varied to suit the case.
22. At its first session after the adoption of
this Constitution, the General Assembly shall appoint not more than
three persons, learned in the law, whose duty it shall be to revise and
arrange the statute laws of this Commonwealth, both civil and criminal,
so as to have but one law on any one subject; and also three other
persons, learned in the law, whose duty it shall be to prepare a code of
practice for the Courts, both civil and criminal, in this Commonwealth,
by abridging and simplifying the rules of practice and laws in relation
thereto; all of whom shall, at as early a day as practicable, report the
result of their labors to the General Assembly, for their adoption or
modification.
23. So long as the Board of Internal Improvement
shall be continued, the President thereof shall be elected by the
qualified voters of this Commonwealth, and hold the office for the term
of four years, and until another be duly elected and qualified. The
election shall be held at the same time, and be conducted in the same
manner, as the election of Governor of this Commonwealth under this
Constitution; but nothing herein contained shall prevent the General
Assembly from abolishing said Board of Internal Improvement, or the
office of President thereof.
24. The General Assembly shall provide, by law,
for the trial of any contested election of Auditor, Register, Treasurer,
Attorney General, Judges of Circuit Courts, and all other officers not
otherwise herein specified.
25. The General Assembly shall provide by law
for the making of the returns by the proper officers, of the election of
all officers to be elected under this Constitution; and the Governor
shall issue commissions to the Auditor, Register, Treasurer, President
of the Board of Internal Improvement, Superintendent of Public
Instruction, and such other officers as he may be directed, by law, to
commission, as soon as he has ascertained the result of the election of
those officers respectively.
26. When a vacancy shall happen in the office of
Attorney General, Auditor of Public Accounts, Treasurer, Register of the
Land Office, President of the Board of Internal Improvement, or
Superintendent of Public Instruction, the Governor, in the recess of the
Senate, shall have power to fill the vacancy by granting commissions
which shall expire at the end of the next session, and shall fill the
vacancy for the balance of the time by and with the advice and consent
of the Senate.
ARTICLE IX.
Concerning the Seat of Government.
SECTION 1. The seat of government shall continue
in the city of Frankfort, until it shall be removed by law: Provided,
however, that two-thirds of all the members elected to each house of the
General Assembly shall concur in the passage of such law.
ARTICLE X.
Concerning Slaves.
SECTION 1. The General Assembly shall have no
power to pass laws for the emancipation of slaves without the consent of
their owners, or without paying their owners, previous to such
emancipation, a full equivalent in money for the slaves so emancipated,
and providing for their removal from the State. They shall have no power
to prevent immigrants to this State from bringing with them such persons
as are deemed slaves by the laws of any of the United States, so long as
any person of the same age or description shall be continued in slavery
by the laws of this State. They shall pass laws to permit owners of
slaves to emancipate them, saving the rights of creditors, and to
prevent them from remaining in this State after they are emancipated.
They shall have full power to prevent slaves being brought into this
State as merchandise. They shall have full power to prevent slaves 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 and 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 for the benefit of their owner or owners.
2. The General Assembly shall pass laws
providing that any free negro or mulatto hereafter immigrating to, and
any slave hereafter emancipated in, and refusing to leave this State, or
having left, shall return and settle within this State, shall be deemed
guilty of felony, and punished by confinement in the Penitentiary
thereof.
3. 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 XI.
Concerning Education.
SECTION 1. The capital of the fund called and
known as the "Common School Fund, " consisting of one million, two
hundred and twenty-five thousand, seven hundred and sixty-eight dollars,
and forty-two cents, for which bonds have been executed by the State to
the Board of Education, and seventy-three thousand, five hundred dollars
of stock in the Bank of Kentucky; also, the sum of fifty-one thousand,
two hundred and twenty-three dollars, and twenty-nine cents, balance of
interest on the School Fund for the year 1848, unexpended, together with
any sum which may be hereafter raised in the State by taxation, or
otherwise, for purposes of education, shall be held inviolate, for the
purpose of sustaining a system of Common Schools. The interest and
dividends of said funds, together with any sum which may be produced for
that purpose by taxation or otherwise, may be appropriated in aid of
Common Schools, but for no other purpose. The General Assembly shall
invest said fifty-one thousand, two hundred and twenty-three dollars,
and twenty-nine cents in some safe and profitable manner; and any
portion of the interest and dividends of said School Fund, or other
money or property raised for school purposes, which may not be needed in
sustaining Common Schools, shall be invested in like manner. The General
Assembly shall make provision, by law, for the payment of the interest
of said School Fund: Provided, that each county shall be entitled to its
proportion of the income of said fund, and if not called for, for Common
School purposes, it shall be re-invested from time to time for the
benefit of such county.
2. A Superintendent of Public Instruction shall
be elected by the qualified voters of this Commonwealth, at the same
time the Governor is elected, who shall hold his office for four years,
and his duties and salary shall be prescribed and fixed by law.
ARTICLE XII.
Mode of Revising the Constitution.
SECTION 1. 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 any regular session, concur in passing a law for
taking the sense of the good people of this Commonwealth as to the
necessity and expediency of calling a Convention, it shall be the duty
of the several Sheriffs, and other officers of elections, at the next
General Election which shall be held for Representatives to the General
Assembly, after the passage of such law, to open a poll for, and make
return to the Secretary of State, for the time being, of the names of
all those entitled to vote for Representatives, who have voted for
calling a Convention; and if, thereupon, it shall appear that a majority
of all the citizens of this State, entitled to vote for Representatives,
have voted for calling a Convention, the General Assembly shall, at
their next regular session, direct that a similar poll shall be opened,
and return made for the next election for Representatives; and if,
thereupon, it shall appear that a majority of all the citizens of this
State, entitled to vote for Representatives, have voted for calling a
Convention, the General Assembly shall, at their next session, pass a
law calling a Convention, to consist of as many members as there shall
be in the House of Representatives, and no more; to be chosen on the
first Monday in August thereafter, in the same manner and proportion,
and at the same places, and possessed of the same qualifications of a
qualified elector, by citizens entitled to vote for Representatives; and
to meet within three months after their election, for the purpose of
re-adopting, amending, 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
calling a Convention, a Convention shall not then be called. And for the
purpose of ascertaining whether a majority of the citizens, entitled to
vote for Representatives, did or did not vote for calling a Convention,
as above, the General Assembly passing the law authorizing such vote
shall provide for ascertaining the number of citizens entitled to vote
for Representatives within the State.
2. The Convention, when assembled, shall judge
of the election of its members and decide contested elections, but the
General Assembly shall, in calling a Convention, provide for taking
testimony in such cases and for issuing a writ of election in case of a
tie.
ARTICLE XIII.
Bill of Rights.
That the general, great, and essential
principles of liberty and free government may be recognized and
established, WE DECLARE,
SECTION 1. That all freemen, when they form a
social compact, are equal, and that no man, or set of men, are entitled
to exclusive, separate public emoluments or privileges from the
community, but in consideration of public services.
2. That absolute, arbitrary power over the
lives, liberty, and property of freemen, exists nowhere in a
republic--not even in the largest majority.
3. The right of property is before and higher
than any constitutional sanction; and the right of the owner of a slave
to such slave and its increase, is the same, and as inviolable as the
right of the owner of any property whatever.
4. That all power is inherent in the people, and
all free governments are founded on their authority, and instituted for
their peace, safety, happiness, security, 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 think proper.
5. That all men have a natural and indefeasible
right to worship Almighty 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 maintain 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.
6. That the civil rights, privileges, or
capacities, of any citizen shall in nowise be diminished or enlarged on
account of his religion.
7. That all elections shall be free and equal.
8. That 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.
9. That 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. 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 responsible for the
abuse of that liberty.
10. 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 libels, the jury shall have a right to determine the law
and the facts, under the direction of the court, as in other cases.
11. That the people shall be secure in their
persons, houses, papers, and possessions, from unreasonable seizures and
searches, and that no warrant to search any place, or to seize any
person, or thing, shall issue, without describing them as nearly as may
be, nor without probable cause, supported by oath or affirmation.
12. That in all criminal prosecutions, the
accused hath a 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; to have compulsory process for obtaining witnesses in his
favor; and in prosecutions by indictment or information, a speedy public
trial by an impartial jury of the vicinage; that he cannot 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.
13. That no person shall, for any indictable
offense, 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 the
court, for oppression or misdemeanor in office.
14. 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.
15. That all courts shall be open, and every
person, for an injury done him in his lands, goods, person, or
reputation, shall have remedy by the due course of law, and right and
justice administered, without sale, denial, or delay.
16. That no power of suspending laws shall be
exercised, unless by the General Assembly, or its authority.
17. That excessive bail shall not be required,
nor excessive fines imposed, nor cruel punishments inflicted.
18. That all prisoners shall be bailable by
sufficient securities, unless for capital offenses, when the proof is
evident or presumption great; and the privilege of the writ of habeas
corpus shall not be suspended, unless when in cases of rebellion or
invasion the public safety may require it.
19. That 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 the benefit of his creditors, in such
manner as shall be prescribed by law.
20. That no ex post facto law, nor any law
impairing contracts, shall be made.
21. That no person shall be attainted of treason
or felony by the General Assembly.
22. That no attainder shall work corruption of
blood, nor, except during the life of the offender, forfeiture of estate
to the Commonwealth.
23. That the estates of such persons as shall
destroy their own lives, 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.
24. That the citizens have a right, in a
peaceable manner, to assemble together for their common good, and to
apply to those invested with the powers of government, for redress of
grievances, or other proper purposes, by petition, address, or
remonstrance.
25. That the rights of the citizens to bear arms
in defense of themselves and the State shall not be questioned; but the
General Assembly may pass laws to prevent persons from carrying
concealed arms.
26. That no standing army shall, in time of
peace, be kept up, without the consent of the General Assembly; and the
military shall, in all cases, and at all times, be in strict
subordination to the civil power.
27. That no soldier shall, in time of peace, be
quartered in any house without the consent of the owner; nor in time of
war, but in a manner to be prescribed by law.
28. That the General Assembly shall not grant
any title of nobility, or hereditary distinction, nor create any office,
the appointment to which shall be for a longer time than for a term of
years.
29. That emigration from the State shall not be
prohibited.
30. 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 government, and shall
forever remain inviolate; and that all laws contrary thereto, or
contrary to this Constitution, shall be void.
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 the laws of this
Commonwealth, in force at the time of the adoption of this Constitution,
and not inconsistent therewith, and all rights, actions, prosecutions,
claims, and contracts, as well of individuals as of bodies corporate,
shall continue as if this Constitution had not been adopted.
2. The oaths of office herein directed to be
taken may be administered by any Judge or Justice of the Peace, until
the General Assembly shall otherwise direct.
3. No office shall be superseded by the adoption
of this Constitution, but the laws of the State relative to the duties
of the several officers, Legislative, Executive, Judicial, and Military,
shall remain in full force, though the same be contrary to this
Constitution, and the several duties shall be performed by the
respective officers of the State, according to the existing laws, until
the organization of the Government, as provided for under this
Constitution, and the entering into office of the officers to be elected
or appointed under said government, and no longer.
4. It shall be the duty of the General Assembly
which shall convene in the year 1850, to make an apportionment of the
representation of this State, upon the principle set forth in this
Constitution; and until the first apportionment shall be made as herein
directed, the apportionment of Senators and Representatives among the
several districts and counties in this State, shall remain as at present
fixed by law: Provided, that on the first Monday in August, 1850, all
Senators shall go out of office, and on that day an election for
Senators and Representatives shall be held throughout the State, and
those then elected shall hold their offices for one year, and no longer:
Provided, further, that at the elections to be held in the year 1850,
that provision in this Constitution which requires voters to vote in the
precinct within which they reside, shall not apply.
5. All recognizances heretofore taken, or which
may be taken before the organization of the judicial department under
this Constitution, shall remain as valid as though this Constitution had
not been adopted, and may be prosecuted in the name of the Commonwealth.
All criminal prosecutions and penal actions which have arisen, or may
arise before the re-organization of the judicial department under this
Constitution, may be prosecuted to judgment and execution, in the name
of the Commonwealth.
"We, the Representatives of the freemen of
Kentucky, in Convention assembled, in their name, and by the authority
of the Commonwealth of Kentucky, and in virtue of the powers vested in
us, as Delegates from the counties respectively affixed to our names, do
ordain and proclaim the foregoing to be the Constitution of the
Commonwealth of Kentucky from and after this day.
Done at Frankfort this eleventh day of June, in
the year of our Lord one thousand eight hundred and fifty, and in the
fifty-ninth year of the Commonwealth.”
JAMES GUTHRIE,
President of the Convention, and Member from the
City of Louisville.
ATTEST: THO. J. HELM, Secretary of the
Convention. THO. D. TILFORD, Assistant Secretary. Nathan Gaither, from
the county of Adair. George W. Mansfield, from the county of Allen.
George W. Kavanaugh, from the county of Anderson. Richard D. Gholson,
from the counties of Ballard and McCracken. John T. Rogers, from the
county of Barren. Robert D. Maupin, from the county of Barren. James M.
Nesbitt, from the county of Bath. Charles Chambers, from the county of
Boone. George W. Williams, from the county of Bourbon. Richard H.
Hanson, from the county of Bourbon. Albert G. Talbott, from the county
of Boyle. William C. Marshall, from the county of Bracken. John Hargis,
from the counties of Breathitt and Morgan. Daniel J. Stephens, from the
county of Breckinridge. William R. Thompson, from the county of Bullitt.
Vincent S. Hay, from the counties of Butler and Edmonson. Willis B.
Machen, from the county of Caldwell. Edward Curd, from the counties of
Calloway and Marshall. Ira Root, from the county of Campbell. John T.
Robinson, from the counties of Carroll and Gallatin. Thomas J. Hood,
from the counties of Carter and Lawrence. Jesse Coffey, from the county
of Casey. John D. Morris, from the county of Christian. Ninian E. Gray,
from the county of Christian. Andrew Hood, from the county of Clarke.
James H. Garrard, from the counties of Clay, Letcher and Perry. Michael
L. Stoner, from the counties of Cumberland and Clinton. Henry R. D.
Coleman, from the county of Crittenden. Philip Triplett, from the county
of Daviess. Luther Brawner, from the counties of Estill and Owsley.
James Dudley, from the county of Fayette. Robert N. Wickliffe, from the
county of Fayette. Will. W. Blair, from the county of Fleming. James M.
Lackey, from the counties of Floyd, Pike and Johnson. Thomas N. Lindsey,
from the county of Franklin. William Hendrix, from the county of Grant.
Richard L. Mayes, from the county of Graves. John J. Thurman, from the
county of Grayson. Thomas W. Lisle, from the county of Green. Henry B.
Pollard, from the county of Greenup. Thomas D. Brown, from the county of
Hardin. James W. Stone, from the county of Hardin. Hugh Newell, from the
county of Harrison. Lucius Desha, from the county of Harrison. Benjamin
Copelin, from the county of Hart. Archibald Dixon, from the county of
Henderson. Elijah F. Nuttall, from the county of Henry. Thomas James,
from the counties of Hickman and Fulton. William Bradley, from the
county of Hopkins. David Meriwether, from the county of Jefferson.
William C. Bullitt, from the county of Jefferson. Alex. K. Marshall,
from the county of Jessamine. John W. Stevenson, from the county of
Kenton. Silas Woodson, from the counties of Knox and Harlan. James P.
Hamilton, from the county of Larue. Jonathan Newcum, from the counties
of Laurel and Rockcastle. Larkin J. Proctor, from the county of Lewis.
John L. Ballinger, from the county of Lincoln. William Cowper, from the
county of Livingston. William K. Bowling, from the county of Logan.
James W. Irwin, from the county of Logan. James Rudd, from the city of
Louisville. William Preston, from the city of Louisville. Squire Turner,
from the county of Madison. William Chenault, from the county of
Madison. Green Forrest, from the county of Marion. Peter Lashbrooke,
from the county of Mason. John D. Taylor, from the county of Mason.
Thomas J. Gough, from the county of Meade. Thomas P. Moore, from the
county of Mercer. John S. Barlow, from the county of Monroe. Richard
Apperson, from the county of Montgomery. Alfred M. Jackson, from the
county of Muhlenburg. Ben. Hardin, from the county of Nelson. Charles A.
Wickliffe, from the county of Nelson. Benjamin F. Edwards, from the
county of Nicholas. Howard Todd, from the county of Owen. John H.
McHenry, from the counties of Ohio and Hancock. John Wheeler, from the
county of Pendleton. James D. Allcorn, from the county of Pulaski.
Nathan McClure, from the county of Russell. William Johnson, from the
county of Scott. Beverly L. Clarke, from the county of Simpson. Andrew
S. White, from the county of Shelby. George W. Johnston, from the county
of Shelby. Mark E. Huston, from the county of Spencer. William N.
Marshall, from the county of Taylor. Francis M. Bristow, from the county
of Todd. Alfred Boyd, from the county of Trigg. Wesley J. Wright, from
the county of Trimble. Ignatius A. Spalding, from the county of Union.
Chasteen T. Dunavan, from the county of Warren. Thomas Rockhold, from
the county of Whitley. John L. Waller, from the county of Woodford.
Charles Cooper Kelly, from the county of Washington.
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