A CONSTITUTION, OR FORM OF GOVERNMENT, FOR THE
STATE OF KENTUCKY
WE, the Representatives of the people of the
State of Kentucky, in Convention assembled, do ordain and establish this
Constitution for its government.
ARTICLE I.
SECTION 1. The powers of government shall be
divided into three distinct departments, each of them to 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 these departments, shall exercise any power properly belonging to
either of the others, except in the instances hereinafter expressly
permitted.
3. The legislative power of this Commonwealth
shall be vested in a General Assembly, which shall consist of a Senate
and House of Representatives.
4. The Representatives shall be chosen annually,
by the qualified electors of each county respectively, on the first
Tuesday in May; but the several elections may be continued for three
days, if, in the opinion of the presiding officer or officers, it shall
be necessary, and no longer.
5. No person shall be a Representative who shall
not have attained the age of twenty-four years, and have been a citizen
and inhabitant of the State two years next preceding his election, and
the last six months thereof an inhabitant of the county in which he may
be chosen, unless he shall have been absent on the public business of
the United States or of this State.
6. Within two years after the first meeting of
the General Assembly, and within every subsequent term of four years, an
enumeration of the free male inhabitants above twenty-one years of age
shall be made, in such manner as may be directed by law. The number of
Representatives shall, at the several periods of making such
enumeration, be fixed by the Legislature, and apportioned among the
several counties according to the number of free male inhabitants above
the age of twenty-one years in each, and shall never be less than forty
nor greater than one hundred; but no county hereafter erected shall be
entitled to a separate representation, until a sufficient number of free
male inhabitants above the age of twenty-one years, shall be contained
within it, to entitle them to one Representative agreeable to the ratio
which shall then be established.
7. The Senators shall be chosen for four years.
8. Until the first enumeration be made, the
Senate shall consist of eleven members, and thereafter for every four
members added to the House of Representatives, one member shall be added
to the Senate.
9. In chusing (sic) the Senate, one member at
least shall be elected from each county, until the number of counties is
equal to the number of Senators; after which, when a new county is made,
it shall, as to the choice of Senators, be considered as being a part of
the county or counties from which it shall have been taken.
10. The Senate shall be chosen in the following
manner: All persons qualified to vote for Representatives shall, on the
first Tuesday in May, in the present year, and on the same day in every
fourth year forever thereafter, at the place appointed by law for
chusing Representatives, elect by ballot, by a majority of votes, as
many persons as they are entitled to have for Representatives for their
respective counties, to be electors of the Senate.
11. No person shall be chosen an elector who
shall not have resided in the State three years next before his
election, and who shall not have attained the age of twenty-seven years.
12. The electors of the Senate shall meet at
such place as shall be appointed for convening the Legislature, on the
third Tuesday in May in the present year, and on the same day in every
fourth year forever thereafter; and they, or a majority of them, so met,
shall proceed to elect, by ballot, as Senators, men of the most wisdom,
experience, and virtue, above twenty-seven years of age, who shall have
been residents of the State above two whole years next preceding the
election. If on the ballot two or more persons shall have an equal
number of ballots in their favor, by which the choice shall not be
determined by the first ballot, then the electors shall again ballot
before they separate, in which they shall be confined to the persons
who, on the first ballot, shall have an equal number, and they who shall
have the greatest number in their favor on a second ballot, shall be
accordingly declared and returned duly elected; and if, on the second
ballot, an equal number shall still be in favor of two or more persons,
then the election shall be determined by lot between those who have
equal numbers; which proceedings of the electors shall be certified
under their hands, and returned to the Secretary for the time being, to
whom shall also be made by the proper officers returns of the persons
chosen as electors in the respective counties.
13. The electors of Senators shall judge of the
qualifications and elections of members of their own body; and on a
contested election, shall admit to a seat, as an elector, such qualified
person as shall appear to them to have the greatest number of legal
votes in his favor.
14. The electors, immediately on their meeting,
and before they proceed to the election of Senators, shall take an oath,
or make affirmation of fidelity to this State, and also an oath of
affirmation to elect without favor, affection, partiality, or prejudice,
such person for Governor, and such persons for Senators, as they in
their judgment and conscience, believe best qualified for the respective
offices.
15. That in case of refusal, death, resignation,
disqualification, or removal out of this State of any Senator, the
Senate shall immediately thereupon, or at their next meeting thereafter,
elect, by ballot, in the same manner as the electors are herein directed
to chuse Senators, another person in his place, for the residue of the
said term of four years.
16. The General Assembly shall meet on the first
Monday in November, in every year, till the time of their meeting shall
be altered by the Legislature, unless sooner convened by the Governor.
17. Each House shall choose its Speaker and
other officers, and the Senate shall also choose a Speaker pro tempore,
when their Speaker shall exercise the office of Governor.
18. Each House shall judge of the qualifications
of its members; contested elections shall be determined by a committee
to be selected, formed and regulated in such manner as shall be directed
by law. A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and may be
authorised (sic) by law to compel the attendance of absent members, in
such manner, and under such penalties, as may be provided.
19. Each House may determine the rules of its
proceedings, punish its members for disorderly behaviour, and, with the
concurrence of two thirds, expel a member; but not a second time for the
same cause.
20. Each House shall keep a journal of its
proceedings, and publish them weekly, except such parts of them as may
require secrecy; and the yeas and nays of the members on any question
shall, at the desire of any two of them, be entered on the journals.
21. The doors of each House, and of committees
of the whole, shall be open, unless when the business shall be such as
ought to be kept secret.
22. Neither House shall, without the consent of
the other, adjourn for more than three days; nor to any other place than
that in which the two Houses shall be sitting.
23. The members of the General Assembly, and the
electors of the Senate, shall receive from the public treasury a
compensation for their services, which, for the present, shall be six
shillings a day during their attendance on, going to, and returning from
the Legislature, and the place for chusing the Senators; but the same
may be increased or diminished by law, if circumstances shall require
it; but no alteration shall be made, to take effect during the existence
of the Legislature which shall make such alteration. They shall, in all
cases, except treason, felony, breach or surety of the peace, be
privileged from arrest during their attendance at the session of the
respective Houses, and at the place for chusing Senators, 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.
24. No Senator or Representative shall, during
the time for which he shall have been elected, or for one year
afterwards, be appointed to any civil office under this State, which
shall have been created, or the emoluments of which shall have been
increased, during the time such Senator or Representative was in office:
Provided, That no member of the first Legislature, which shall be
assembled under this Constitution, shall be precluded from being
appointed to any office which may have been created during his time of
service in the said Legislature; and no minister of religious societies,
member of Congress, or other person holding any office of profit under
the United States or this Commonwealth, except attorneys at law,
justices of the peace, militia officers, and coroners, shall be a member
of either House during his continuance to act as a minister, in
Congress, or in office.
25. When vacancies happen in the House of
Representatives, the Speaker shall issue writs of election to fill such
vacancies.
26. All bills for raising revenue shall
originate in the House of Representatives; but the Senate may propose
amendments as in other bills.
27. Each Senator, Representative, and sheriff
shall, before he be permitted to act as such, take an oath or make
affirmation that he hath not, directly or indirectly, given or promised
any bribe or treat to procure his election to the said office; and every
person shall be disqualified from serving as a Senator, Representative,
or sheriff, for the term for which he shall have been elected, who shall
be convicted of having given or offered any bribe or treat, or canvassed
for the said office.
28. Every bill which shall have passed both
Houses shall be presented to the Governor; if he approve, he shall sign
it; but if he shall not approve, 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 journals, and proceed to
re-consider it; if, after such re-consideration, two thirds of 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
re-considered; and if approved by two-thirds of 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 persons voting for or against the
bill shall be entered on 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.
29. 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 two thirds of both Houses, according to the rules and
limitations prescribed in case of a bill.
ARTICLE II.
SECTION 1. The supreme executive power of this
Commonwealth shall be vested in a Governor.
2. The Governor shall be chosen by the electors
of the Senate at the same time, at the same place, and in the same
manner, that they are herein directed to elect Senators; and the said
electors shall make return of their proceedings, in the choice of a
Governor, to the Secretary for the time being.
3. The Governor shall hold his office during
four years from the first day of June next ensuing his election.
4. He shall be at least thirty years of age, and
have been a citizen and inhabitant of this State at least two years next
before his election, unless he shall have been absent on the public
business of the United States or of this State.
5. No member of Congress, or person holding any
office under the United States or this State, shall exercise the office
of Governor.
6. The Governor shall, at stated times, receive
for his services a compensation, which shall neither be increased nor
diminished during the period for which he shall have been elected.
7. He shall be Commander-in-Chief of the army
and navy of this Commonwealth, and of the militia, except when they
shall be called into the service of the United States.
8. 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 are not herein otherwise provided for; but no person
shall be 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 out of which it shall have been taken.
9. The Governor shall have power to fill up all
vacancies that may happen during the recess of the Senate, by granting
commissions which shall expire at the end of their next session.
10. He shall have power to remit fines and
forfeitures, and 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 whom the
power of pardoning shall be vested.
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 shall judge
expedient.
13. He may, on extraordinary occasions, convene
the General Assembly, and in case of disagreement between the two Houses
with respect to the time of adjournment, 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. In case of the death or resignation of the
Governor, or of his removal from office, the Speaker of the Senate shall
exercise the office of Governor, until another shall be duly qualified.
16. An Attorney-General shall be appointed and
commissioned during good behaviour; he shall appear for the Commonwealth
in all criminal prosecutions, and in all civil cases in which the
Commonwealth shall be interested, in any of the superior courts; shall
give his opinion when called upon for that purpose, by either branch of
the Legislature, or by the Executive, and shall perform such other
duties as shall be enjoined him by law.
17. A Secretary shall be appointed and
commissioned during the Governor's continuance in office, if he shall so
long behave himself well; he shall keep a fair register of, and attest
all the official acts and proceedings of the Governor, and shall, when
required, lay the same and all papers, minutes, and vouchers relative
thereto, before either branch of the Legislature, and shall perform such
other duties as shall be enjoined him by law.
ARTICLE III.
SECTION 1. In elections by the citizens, all
free male citizens of the age of twenty-one years, having resided in the
State two years, or the county in which they offer to vote one year next
before the election, shall enjoy the rights of an elector; but no person
shall be entitled to vote except in the county in which he shall
actually reside at the time of the election.
2. All elections shall be by ballot.
3. Electors shall, in all cases, except treason,
felony, and breach of surety of the peace, be privileged from arrest
during their attendance at elections, and in going to and returning from
them.
ARTICLE IV.
SECTION 1. The House of Representatives shall
have the sole power of impeaching.
2. All impeachments shall be tried by the
Senate; when setting 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 other 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 liable and subject to indictment, trial, and punishment
according to law.
ARTICLE V.
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 courts as the Legislature may, from time to time, ordain
and establish.
2. 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,
the Governor may remove any of them on the address of two-thirds of each
branch of the Legislature. They shall, at stated times, receive for
their services an adequate compensation, to be fixed by law, which shall
not be diminished during their continuance in office.
3. The Supreme Court shall have original and
final jurisdiction in all cases respecting the titles to land under the
present land laws of Virginia, including those which may be depending in
the present Supreme Court for the district of Kentucky, at the time of
establishing of the said Supreme Court; and in all cases concerning
contracts of land, prior to the establishing of those titles. And the
said court shall have power to hear and determine the same in a summary
way, and to direct the mode of bringing the same to a hearing, so as to
enable them to do right and justice to the parties, with as little delay
and at as small an expense as the nature of the business will allow; but
the said court shall, in all such cases, oblige the parties to state the
material parts of their complaint and defense in writing; and shall, on
the conclusion of every cause, state on the records the whole merits of
the case, the questions arising therefrom, the opinions of the court
thereupon, and a summary of the reasons in support of those opinions.
4. And it shall be the duty of each judge of the
Supreme Court, present at the hearing of such cause, and differing from
a majority of the court, to deliver his opinion in writing, to be
entered as aforesaid; and each judge shall deliver his opinion in open
court. And the said court shall have power, on the determination of any
such case, to award the legal costs against either party or to divide
the same among the different parties, as to them shall seem just and
right. And the said court shall have full power to take such steps as
they may judge proper, to perpetuate testimony in all cases concerning
such titles: Provided,That a jury shall always be empaneled for the
finding of such facts as are not agreed by the parties; unless the
parties or their attorneys, shall waive their right of trial by jury,
and refer the matter of fact to the decision of the court: Provided
also, That the Legislature may, whenever they may judge it expedient,
pass an act or acts to regulate the mode of proceedings in such cases,
or to take away entirely the original jurisdiction hereby given to the
said court in such cases.
5. In all other cases the Supreme Court shall
have appellate jurisdiction only, with such exceptions and under such
regulations as the Legislature shall make; and the Legislature may, from
time to time, vest in the Supreme and inferior courts, or either of
them, such powers, both in law and equity, as they shall judge proper
and necessary for the due administration of justice.
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 removed on conviction of misbehavior in
office, or of any infamous crime, or on the address of both Houses of
the Legislature.
7. The judges shall by virtue of their office 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.
ARTICLE VI.
SECTION 1. Sheriffs and coroners shall, at the
times and places of elections of Representatives, be chosen by the
citizens of each county qualified to vote for Representatives. They
shall hold their offices for three years, if they shall so long behave
themselves well, and until a successor be duly qualified; but no person
shall be twice chosen or appointed sheriff in any term of six years.
Vacancies in either of the said offices shall be filled by a new
appointment to be made by the Governor, to continue until the next
general election, and until a successor shall be chosen and qualified as
aforesaid.
2. The free men of this Commonwealth shall be
armed and disciplined for its defense. Those who conscientiously scruple
to bear arms shall not be compelled to do so, but shall pay an
equivalent for personal service.
3. The field and staff officers of the militia
shall be appointed by the Governor, except the battalion staff officers,
who shall be appointed by the field officers of each battalion
respectively.
4. The officers of companies shall be chosen by
the persons enrolled in the list of each company, and the whole shall be
commissioned during good behavior, and during their residence in the
bounds of the battalion or company to which they shall be appointed.
5. Each court shall appoint its own clerk, who
shall hold his office during good behavior; but no person shall be
appointed clerk only pro tempore, who shall not produce to the court
appointing him a certificate from a majority of the judges of the Court
of Appeals that he hath been examined by their clerk in their presence,
and under their direction, and that they judge him to be well qualified
to execute the office of clerk to any court of the same dignity with
that for which he offers himself. They shall be removable for breach of
good behavior, by the Court of Appeals only, who shall be judges of the
fact as well as of the law; two-thirds of the members present must
concur in the sentence.
6. All commissions shall be in the name and by
the authority of the State of Kentucky, and be sealed with the State
seal, and signed by the Governor.
7. The State Treasurer shall be appointed
annually by the joint ballot of both Houses.
ARTICLE VII.
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."
ARTICLE VIII.
SECTION 1. 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 on his own confession in open court.
2. Laws shall be made to exclude from office and
from suffrage, those who shall thereafter be convicted of bribery,
perjury, forgery, or other high crimes or 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.
3. No money shall be drawn from the Treasury but
in consequence of appropriations made by law, nor shall any
appropriations of money for the support of an army be made for a longer
term than one year, and a regular statement and account of the receipts
and expenditures of all public money shall be published annually.
4. The Legislature shall direct by law, in what
manner and in what courts, suits may be brought against the
Commonwealth.
5. 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 Legislature the most solemn
appeal to God.
6. All laws now in force in the State of
Virginia, not consistent with this Constitution, which are of a general
nature, and not local to the eastern part of that State, shall be in
force in this State until they shall be altered or repealed by the
Legislature.
7. 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 a part of
this Constitution.
ARTICLE IX.
The Legislature 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; they shall have no
power to prevent emigrants to this State from bringing with them such
persons as are deemed slaves by the 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 laws of this State; that they shall pass
laws to permit the owners of slaves to emancipate them, saving the
rights of creditors, and preventing them from becoming a charge to the
county in which they reside; they shall have full power to prevent
slaves being brought into this State as merchandise; they shall have
full power to prevent any slave 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 and
provisions, 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.
ARTICLE X.
SECTION 1. The place for the Seat of Government
shall be fixed in the following manner: The House of Representatives
shall, during their session, which shall be held in the year one
thousand seven hundred and ninety-two, choose, by ballot, twenty-one
persons, from whom the representation from Mercer and Fayette counties
then present shall alternately strike out one, until the number shall be
reduced to five, who, or any three of them concurring in opinion, shall
have power to fix on the place for the Seat of Government; to receive
grants from individuals therefor, and to make such conditions with the
proprietor or proprietors of the land so pitched on by them, as to them
shall seem right and shall be agreed to by the said proprietor or
proprietors, and lay off a town thereon in such manner as they shall
judge most proper.
2. The General Assembly and the Supreme Courts
shall, within five years, hold their sessions at the place so pitched
upon by the said commissioners; and the Seat of Government so fixed
shall continue until it shall be changed by two-thirds of both branches
of the Legislature. The commissioners, before they proceed to act, shall
take an oath or make affirmation that they will discharge the trust
reposed in them, in such manner as in their judgment will be most
beneficial to the State at large.
ARTICLE XI.
That the citizens of this State may have an
opportunity to amend or change this Constitution in a peaceful manner,
if to them it shall seem expedient, the persons qualified to vote for
Representatives shall, at the general election to be held in the year
one thousand seven hundred and ninety-seven, vote also by ballot, for or
against a convention, as they shall severally choose to do; and if
thereupon it shall appear that a majority of all the citizens in the
State voting for Representatives have voted for a convention, the
General Assembly shall direct that a similar ballot shall be taken the
next year; and if thereupon it shall also appear that a majority of all
the citizens of the State voting for Representatives have voted for a
convention, 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, to be chosen in the same manner, at the same places,
and at the same time that Representatives are, by the citizens entitled
to vote for Representatives, and to meet within three months after the
said election, for the purpose of readopting, amending, or changing this
Constitution. If it shall appear upon the ballot of either year, that a
majority of the citizens voting for Representatives is not in favor of a
convention being called, it shall not be done until two-thirds of both
branches of the Legislature shall deem it expedient.
ARTICLE XII.
That the general, great and essential principles
of liberty and free government may be recognized and established, WE
DECLARE
I. That all men 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.
II. That all power is inherent in the people,
and all free governments are founded on their authority, and instituted
for their peace, safety and happiness. For the advancement of these
ends, they have at all times an unalienable and indefeasible right to
alter, reform, or abolish their government, in such manner as they may
think proper.
III. That all men have a natural and
indefeasible right to worship Almighty God according to the dictates of
their own consciences; that no man can of right be compelled to attend,
erect, or support any place of worship, or to maintain any ministry
against his consent; that no human authority can, in any case whatever,
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.
IV. That the civil rights, privileges, or
capacities of any citizen shall in nowise be diminished or enlarged on
account of his religion.
V. That all elections shall be free and equal.
VI. That trial by jury shall be as heretofore,
and the right thereof remain inviolate.
VII. That printing presses shall be free to
every person who undertakes to examine the proceedings of the
Legislature 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.
VIII. In prosecutions for the publication of
papers, investigating the official conduct of officers or men in 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.
IX. 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 things, shall issue without describing them as nearly as may
be, nor without probable cause, supported by oath or affirmation.
X. That in all criminal prosecutions, the
accused hath a right to be heard by himself and his 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 can not be compelled to give evidence against himself, nor can
he be deprived of his life, liberty, or property, unless by the judgment
of his peers, or the law of the land.
XI. 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.
XII. 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.
XIII. 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.
XIV. That no power of suspending laws shall be
exercised, unless by the Legislature or its authority.
XV. That excessive bail shall not be required,
nor excessive fines imposed, nor cruel punishments inflicted.
XVI. That all prisoners shall be bailable by
sufficient sureties, 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.
XVII. 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.
XVIII. That no ex post facto law, nor any law
impairing contracts, shall be made.
XIX. That no person shall be attainted of
treason or felony by the Legislature.
XX. That no attainder shall work corruption of
blood, nor except during the life of the offender, forfeiture of estate
to the Commonwealth.
XXI. The estates of such person 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.
XXII. 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.
XXIII. The rights of the citizens to bear arms
in defence (sic) of themselves and the State shall not be questioned.
XXIV. That no standing army shall, in time of
peace, be kept up without the consent of the Legislature; and the
military shall, in all cases and at all times, be in strict
subordination to the civil power.
XXV. 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.
XXVI. That the Legislature shall not grant any
title of nobility or hereditary distinction, nor create any office the
appointment of which shall be for a longer time than during good
behavior.
XXVII. That emigration from the State shall not
be prohibited.
XXVIII. 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
establishing the government of this State, and in order to carry the
same into complete operation, it is hereby declared and ordained:
SECTION 1. That all rights, actions,
prosecutions, claims and contracts, as well of individuals as of bodies
corporate, shall continue as if the said government had not been
established.
2. That all officers, civil and military, now in
commission under the State of Virginia, shall continue to hold and
exercise their offices until the tenth day of August next, and no
longer.
3. That until the first enumeration shall be
made as directed by the sixth section of the first article of this
Constitution, the county of Jefferson shall be entitled to elect three
Representatives; the county of Lincoln, four Representatives; the county
of Fayette, nine Representatives; the county of Nelson, six
Representatives; the county of Mercer, four Representatives; the county
of Madison, three Representatives; the county of Bourbon, five
Representatives; the county of Woodford, four Representatives; and the
county of Mason, two Representatives.
4. The General Assembly shall meet at Lexington
on the fourth day of June next.
5. All returns herein directed to be made to the
Secretary shall, previously to his appointment, be made to the clerk of
the Supreme Court for the District of Kentucky.
6. Until a seal shall be procured for the state,
the Governor shall be at liberty to use his private seal.
7. The oaths of office herein directed to be
taken may be administered by any justice of the peace, until the
Legislature shall otherwise direct.
8. All bonds given by any officer within the
District of Kentucky, payable to the Governor of Virginia, may be
prosecuted in the name of the Governor of Kentucky.
9. All offences (sic) against the laws of
Virginia, which have been committed within the present District of
Kentucky, or which may be committed within the same before the first day
of June, next, shall be cognizable in the courts of this State, in the
same manner that they would be if they were committed within this State
after the said first day of June.
10. At the election herein directed to be held
in May next, the sheriff of each county, or, in case of his absence, one
of his deputies shall preside, and if they neglect or refuse to act, the
said election shall be held by any one of the justices of the peace for
the county where such refusal or neglect shall happen; each officer
holding such election having first taken an oath before a justice of the
peace to conduct the said election with impartiality, shall have power
to administer to any person offering to vote at such election the
following oath or affirmation: "I do swear (or affirm) that I am
qualified to vote for Representatives in the county of …... agreeably to
the Constitution formed for the State of Kentucky," and such officer
shall have a right to refuse to receive the vote of any person who shall
refuse to take the said oath, or make affirmation when tendered to him.
And the said elections shall be held at the several places appointed for
holding courts in the different counties.
11. The Government of the Commonwealth of
Kentucky shall commence on the first day of June next.
Done in Convention, at Danville, the nineteenth
day of April, one thousand seven hundred and ninety-two, and of the
independence of the United States of America, the sixteenth.
By order of the Convention, SAMUEL M'DOWELL,
P.C. Attest: Thomas Todd, c.c.
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