THE CONSTITUTION, OR FORM OF GOVERNMENT, FOR
THE STATE OF KENTUCKY
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 right 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 the
Government.
SECTION 1. The powers of government of the State
of Kentucky, shall be divided into three distinct departments, and each
of them be confined 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 of this
Commonwealth shall be vested in two distinct branches; the one to be
stiled the House of Representatives, the other the Senate, and both
together, the General Assembly of the Commonwealth of Kentucky.
2. The members of the House of Representatives
shall continue in service for the term of one year from the day of the
commencement of the general election, and no longer.
3. Representatives shall be chosen on the first
Monday in the month of August in every year; but the presiding officers
of the several elections shall continue the same for three days, at the
request of any one of the candidates.
4. No person shall be a Representative, who at
the time of his election is not a citizen of the United States, and hath
not attained the age of twenty-four years, and resided in this State two
years next preceding his election, and the last year thereof in the
county or town for which he may be chosen.
5. Elections for Representatives for the several
counties entitled to representation shall be held at the places of
holding their respective courts, or in the several election precincts
into which the Legislature may think proper, from time to time, to
divide any or all of those counties: Provided, That when it shall appear
to the Legislature that any town hath a number of qualified voters equal
to the ratio then fixed, such town shall be invested with the privilege
of a separate representation, which shall be retained so long as such
town shall contain a number of qualified voters equal to the ratio which
may, from time to time, be fixed by law; and thereafter elections for
the county in which such town is situated, shall not be held therein.
6. Representation shall be equal and uniform in
this Commonwealth; and shall be forever regulated and ascertained by the
number of qualified electors therein. In the year eighteen hundred and
three, and every fourth year thereafter, an enumeration of all the free
male inhabitants of the State, above twenty one years of age, shall be
made in such manner as shall be directed by law. The number of
Representatives shall, in the several years of making these
enumerations, be so fixed as not to be less than fifty-eight, nor more
than one hundred; and they shall be appointed for the four years next
following, as near as may be, among the several counties and towns in
proportion to the number of qualified electors; but, when a county may
not have a sufficient number of qualified electors to entitle it to one
Representative, and when the adjacent county or counties may not have a
residuum or residuums, which, when added to the small county would
entitle it to a separate representation, it shall then be in the power
of the Legislature to join two or more together for the purpose of
sending a Representative: Provided, That when there are two or more
counties adjoining which have residuums over and above the ratio then
fixed by law, if said residuums, when added together, will amount to
such ratio, in that case one Representative shall be added to that
county having the largest residuum.
7. The House of Representatives shall chuse its
Speaker and other officers.
8. In all elections for Representatives, every
free male citizen (negroes, mulattoes, and Indians excepted), who at the
time being, hath attained to the age of twenty-one years, and resided in
the State two years, or the county or town in which he offers to vote
one year next preceding the election, shall enjoy the right of an
elector; but no person shall be entitled to vote except in the county or
town in which he may actually reside at the time of the election, except
as is herein otherwise provided. Electors shall in all cases, except
treason, felony, breach or surety of the peace, be privileged from
arrest during their attendance at, going to, and returning from
elections.
9. The members of the Senate shall be chosen for
the term of four years; and when assembled, shall have the power to
choose its officers annually.
10. At the first session of the General Assembly
after this Constitution takes effect, the Senators shall be divided by
lot, as equally as may be, into four classes. The seats of the Senators
of the first class shall be vacated at the expiration of the first year;
of the second class, at the expiration of the second year; of the third
class, at the expiration of the third year; and of the fourth class, at
the expiration of the fourth year; so that one-fourth shall be chosen
every year, and a rotation thereby kept up perpetually.
11. The Senate shall consist of twenty-four
members at least, and for every three members above fifty-eight which
shall be added to the House of Representatives, one member shall be
added to the Senate.
12. The same number of senatorial districts
shall, from time to time, be established by the Legislature, as there
may then be Senators allotted to the State; which shall be so formed, as
to contain, as near as may be, an equal number of free male inhabitants
in each above the age of twenty-one years, and so that no county shall
be divided, or form more than one district; and where two or more
counties compose a district, they shall be adjoining.
13. When an additional Senator may be added to
the Senate, he shall be annexed by lot to one of the four classes, so as
to keep them as nearly equal in numbers as possible.
14. One Senator for each district shall be
elected by those qualified to vote for Representatives therein, who
shall give their votes at the several places in the counties or towns,
where elections are by law directed to be held.
15. No person shall be a Senator, who, at the
time of his election, is not a citizen of the United States, and who
hath not attained to the age of thirty-five years, and resided in this
State six years next preceding his election, and the last year thereof
in the district for which he may be chosen.
16. The first election for Senators shall be
general throughout the State, and at the same time that the General
Election for Representatives is held; and thereafter, there shall, in
like manner, be an annual election for Senators to fill the places of
those whose time of service may have expired.
17. The General Assembly shall convene on the
first Monday in the month of November in every year, unless a different
day be appointed by law; and their sessions shall be held at the Seat of
Government.
18. Not less than a majority of the members of
each house of the General Assembly shall constitute a quorum to do
business; but a smaller 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.
19. 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.
20. Each house of the General Assembly may
determine the rules of its proceedings; punish a member for disorderly
behaviour; and with the concurrence of two-thirds, expel a member, but
not a second time for the same cause.
21. 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.
22. 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.
23. The members of the General Assembly shall
severally receive from the public treasury, a compensation for their
services, which shall be one dollar and a half a day, during their
attendance on, 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.
24. 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.
25. 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 time such Senator or
Representative was in office, except to such offices or appointments as
may be made or filled by the elections of the people.
26. No person, while he continues to exercise
the functions of a clergyman, priest, or teacher of any religious
persuasion, society, or sect; nor whilst he holds or exercises any
office of profit under this Commonwealth, shall be eligible to the
General Assembly; except attornies at law, justices of the peace, and
militia officers: Provided, that justices of the courts of quarter
sessions shall be ineligible, so long as any compensation may be allowed
them for their services: Provided also, that attornies for the
Commonwealth, who receive a fixed annual salary from the public
treasury, shall be ineligible.
27. No person, who at any time, may have been a
collector of taxes for the State, or the assistant or deputy of such
collector, shall be eligible to the General Assembly until he shall have
obtained a quietus for the amount of such collection, and for all public
monies for which he may be responsible.
28. No bill shall have the force of a law, until
on three several days, it be read over in each house of the General
Assembly, and free discussion 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.
29. 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 the colour of an amendment, which does not relate
to raising a revenue.
30. 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.
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 stiled
the Governor of the Commonwealth of Kentucky.
2. The Governor shall be elected for the term of
four years by the citizens entitled to suffrage, at the time and places
where they shall respectively vote for Representatives. The person
having the highest number of votes shall be Governor; but if two or more
shall be equal, and highest in votes, the election shall be determined
by lot, in such manner as the Legislature may direct.
3. The Governor shall be ineligible for the
succeeding seven years, after the expiration of the time 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 his office
on the fourth Tuesday succeeding the day of the commencement of the
General Election on which he shall be chosen, and shall continue in the
execution thereof until the end of four weeks next succeeding the
election of his successor, and until his successor shall have taken the
oaths or affirmations prescribed by this Constitution.
6. No member of Congress or person holding any
office under the United States, nor 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 shall have been 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 he shall be advised so to
do, by a resolution of the General Assembly.
9. He shall nominate, and by and with the advice
and consent of the Senate, appoint all officers, whose offices are
established by this Constitution, or shall be established by law, and
whose appointments are not herein otherwise provided for: Provided, that
no person shall be so appointed to an office within any county, who
shall not have been a citizen and inhabitant therein, one year next
before his appointment, if the county shall have been so long erected,
but if it shall not have been so long erected, then within the limits of
the county or counties from which it shall have been taken: Provided
also, that the county courts shall be authorized by law to appoint
inspectors, collectors, and their deputies, surveyors of the highways,
constables, jailers, and such other inferior officers, whose
jurisdiction may be confined within the limits of a county.
10. The Governor shall have power to fill up
vacancies that may happen during the recess of the Senate, by granting
commissions, which shall expire at the end of their next session.
11. 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.
12. He may require information in writing from
the officers in the Executive Department upon any subject relating to
the duties of their respective offices.
13. 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 deem
expedient.
14. 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, adjourn
them to such time as he shall think proper, not exceeding four months.
15. He shall take care that the laws be
faithfully executed.
16. A Lieutenant-Governor shall be chosen at
every election for a Governor, in the same manner, continue in office
for the same time, possess the same qualifications. In voting for a
Governor and Lieutenant-Governor, the electors shall distinguish whom
they vote for as Governor, and whom as Lieutenant-Governor.
17. 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.
18. In case of the impeachment of the Governor,
his removal from office, death, refusal to qualify, resignation or
absence from the State, the Lieutenant-Governor shall exercise all the
power and authority appertaining to the office of Governor, until
another be duly qualified, or the Governor absent, or impeached, shall
return, or be acquitted.
19. Whenever the government shall be
administered by the Lieutenant-Governor, or he shall be unable 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.
20. The Lieutenant-Governor while he acts as
Speaker to the Senate shall receive for his services the same
compensation, which shall for the same period, be allowed to the Speaker
of the House of Representatives, and no more; and during the time he
administers the government, as Governor, shall receive the same
compensation, which the Governor would have received and been entitled
to, had he been employed in the duties of his office.
21. The Speaker pro tempore of the Senate,
during the time he administers the government, shall receive in like
manner the same compensation, which the Governor would have received,
had he been employed in the duties of his office.
22. If the Lieutenant-Governor shall be called
upon to administer the government, and shall, while in such
administration, resign, die, or be absent from the State during the
recess of the General Assembly, it shall be the duty of the Secretary
for the time being to convene the Senate for the purpose of chusing a
Speaker.
23. An Attorney General, and such other
attornies for the Commonwealth as may be necessary shall be appointed,
whose duty shall be regulated by law. Attornies for the Commonwealth for
the several counties shall be appointed by the respective courts having
jurisdiction therein.
24. A Secretary shall be appointed and
commissioned during the term for which the Governor shall have been
elected, if he shall so long behave himself well. He shall keep a fair
register, and attest all the official acts and proceedings 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 enjoined
him by law.
25. 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 shall have originated, who shall enter the objections at large
upon their journal, and proceed to reconsider it; if after such
reconsideration, a majority of all the members elected to that house
shall agree to pass the bill, it shall be sent with the objections to
the other house, by which it shall likewise be considered, and if
approved by a majority of all the members elected to that house, it
shall be a law; but in such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill, shall be entered on the journal of each house
respectively; if any bill shall not be returned by the Governor within
ten days (Sundays excepted) after it shall have been presented to him,
it shall be a law in Iike 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.
26. Every order, resolution or vote, to which
the concurrence of both houses may be necessary, except on a question of
adjournment, shall be presented to the Governor, and before it shall
take effect, be approved by him; or, being disapproved, shall be
repassed by a majority of all the members elected to both houses,
according to the rules and limitations prescribed in case of a bill.
27. Contested elections for a Governor and
Lieutenant-Governor, shall be determined by a committee to be selected
from both houses of the General Assembly, and formed and regulated in
such manner as shall be directed by law.
28. The freemen of this Commonwealth (negroes,
mulattoes, and Indians excepted) shall be armed and disciplined for its
defence. Those who conscientiously scruple to bear arms, shall not be
compelled to do so, but shall pay an equivalent for personal service.
29. The commanding officers of the respective
regiments shall appoint the regimental staff; brigadier generals their
brigade majors; major generals, their aides; and captains, the
non-commissioned officers of companies.
30. A majority of the field officers and
captains in each regiment, shall nominate the commissioned officers in
each company, who shall be commissioned by the Governor: Provided, that
no nomination shall be made, unless at least two of the field officers
are present; and when two or more persons have an equal and the highest
number of votes, the field officer present, who may be highest in
commission, shall decide the nomination.
31. Sheriffs shall hereafter be appointed in the
following manner: When the time of a sheriff for any county may be about
to expire, the county court for the same (a majority of all its justices
being present) shall in the months of September, October or November
next preceding thereto, recommend to the Governor two proper persons to
fill the office, who are then justices of the county court; and who
shall, in such recommendation, pay a just regard to seniority in office
and a regular rotation. One of the persons so recommended shall be
commissioned by the Governor, and shall hold his office for two years if
he so long behave well, and until a successor be duly qualified. If the
county court shall omit in the months aforesaid to make such a
recommendation, the Governor shall then nominate, and by and with the
advice and consent of the Senate, appoint a fit person to fill such
office.
ARTICLE IV.
Concerning the Judicial Department.
SECTION 1. The judicial power of this
Commonwealth, both as to matters of law and equity, shall be vested in
one Supreme Court, which shall be stiled the Court of Appeals, and in
such inferior courts as the General Assembly may from time to time erect
and establish.
2. The Court of Appeals, except in cases
otherwise directed by this Constitution, shall have appellate
jurisdiction only; which shall be co-extensive with the State, under
such restrictions and regulations, not repugnant to this Constitution,
as may from time to time be prescribed by law.
3. The judges both of the Supreme and inferior
courts shall hold their offices during good behaviour; but for any
reasonable cause which shall not be sufficient ground of impeachment,
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 a 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.
4. The judges shall, by virtue of their office,
be conservators of the peace throughout the State. The stile 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.
5. There shall be established in each county
now, or which may hereafter be erected, within this Commonwealth, a
county court.
6. A competent number of justices of the peace,
shall be appointed in each county; they shall be commissioned during
good behaviour, but may be removed on conviction of misbehaviour in
office, or of any infamous crime, or 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.
7. The number of the justices of the peace, to
which the several counties in this Commonwealth now established, or
which may hereafter be established, ought to be entitled, shall from
time to time, be regulated by law.
8. When a surveyor, or coroner, or a justice of
the peace shall be needed in any county, the county court for the same,
a majority of all its justices concurring therein, shall recommend to
the Governor two proper persons to fill the office, one of whom he shall
appoint thereto: Provided, however, that if the county court shall for
twelve months omit to make such recommendation, after being requested by
the Governor to recommend proper persons, he shall then nominate, and by
and with the advice and consent of the Senate, appoint a fit person to
fill such office.
9. When a new county shall be erected, a
competent number of justices of the peace, a sheriff and coroner
therefor, shall be recommended to the Governor by a majority of all the
members of the House of Representatives from the senatorial district or
districts in which the county is situated and if either of the persons
thus recommended shall be rejected by the Governor or the Senate,
another person shall immediately be recommended as aforesaid.
10. Each court shall appoint its own clerk, who
shall hold his office during good behaviour; 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 behaviour 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.
11. All commissions shall be in the name, and by
the authority of the State of Kentucky, and sealed with the State Seal,
and signed by the Governor.
12. The State Treasurer and printer or printers
for the Commonwealth, shall be appointed annually by the joint vote of
both houses of the General Assembly: Provided, that during the recess of
the same, the Governor shall have power to fill vacancies which may
happen in either of the said offices.
ARTICLE V.
Concerning Impeachments.
SECTION 1. The House of Representatives shall
have the sole power of impeaching.
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 liable
and subject to indictment, trial, and punishment according to law.
ARTICLE VI.
General Provisions.
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."
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
serving as Governor, Lieutenant-Governor, Senator, or Representative,
for the term for which he shall have been elected, who shall be
convicted of having given, or offered any bribe or treat, to procure his
election.
4. 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.
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 one year; and a regular statement and account of the receipts
and expenditures of all public money, shall be published annually.
6. The General Assembly shall 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 Legislature 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 chuse 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 respective 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. The Attorney General and other attornies for
this Commonwealth, who receive a fixed annual salary from the public
treasury, judges and clerks of courts, justices of the peace, surveyors
of lands, and all commissioned militia officers, shall hold their
respective offices during good behaviour and the continuance of their
respective courts, under the exceptions contained in this Constitution.
13. Absence on the business of this state, or
the United States, shall not forfeit a residence once obtained, so as to
deprive any one of the right of suffrage, or of being elected or
appointed to any office under this Commonwealth, under the exceptions
contained in this Constitution.
14. It shall be the duty of the General Assembly
to regulate by law, in what cases, and what deduction from the salaries
of public officers shall be made for neglect of duty in their official
capacity.
15. Returns of all elections for Governor,
Lieutenant-Governor, and members of the General Assembly, shall be made
to the Secretary for the time being.
16. 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.
17. 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.
18. The General Assembly shall direct by law how
persons who now are or who may hereafter become securities for public
officers, may be relieved or discharged on account of such securityship.
ARTICLE VII.
Concerning 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.
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.
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 any county in this Commonwealth. They shall have full power to
prevent slaves being brought into this State as merchandise. They shall
have full power to prevent any slaves being brought into this State from
a foreign country, and to prevent those from being brought into this
State, who have been since the first day of January, one thousand seven
hundred and eighty-nine, or may hereafter be imported into any of the
United States from a foreign country. And they shall have full power to
pass such laws as may be necessary, to oblige the owners of slaves to
treat them with humanity, to provide for them necessary clothing 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. In the prosecution of slaves for felony, no
inquest by a grand jury, shall be necessary, but the proceedings in such
prosecutions shall be regulated by law; except that the General Assembly
shall have no power to deprive them of the privilege of an impartial
trial by a petit jury.
ARTICLE VIII.
SECTION 1. The Seat of Government shall continue
in the town of Frankfort, until it shall be removed by law: Provided,
however, that two-thirds of all the members elected to each house of the
General Assembly shall concur in the passage of such law.
ARTICLE IX.
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 their stated annual 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 returning officers at the next
general election which shall be held for Representatives, after the
passage of such law, to open a poll for, and make a return to the
Secretary for the time being, of the names of all those entitled to vote
for Representatives who have voted for 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 a convention,
the General Assembly shall direct that a similar poll shall be opened,
and taken for the next year; and if thereupon it shall appear, that a
majority of all the citizens of this State entitled to vote for
Representatives, have voted for a 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, and no more:
to be chosen in the same manner and proportion, at the same places, and
the same time, that Representatives are, by citizens entitled to vote
for Representatives; and to meet within three months after the said
election, for the purpose of re-adopting, 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 a convention, a convention shall not be
called.
ARTICLE X.
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 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.
3. 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.
4. That the civil rights, privileges, or
capacities of any citizen shall in nowise be diminished or enlarged on
account of his religion.
5. That all elections shall be free and equal.
6. That the ancient mode of trial by jury shall
be held sacred, and the right thereof remain inviolate.
7. That the 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.
8. 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.
9. 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.
10. 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
favour: 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.
11. That no person shall for any indictable
offence 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, by leave of the court, for
oppression, or misdemeanor in office.
12. No person shall for the same offence 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.
13. 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.
14. That no power of suspending laws shall be
exercised, unless by the Legislature or its authority.
15. That excessive bail shall not be required,
nor excessive fines imposed, nor cruel punishments inflicted.
16. That all prisoners shall be bailable by
sufficient securities, unless for capital offences (sic), 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.
17. 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.
18. That no ex post facto law, nor any law
impairing contracts, shall be made.
19. That no person shall be attainted of treason
or felony by the legislature.
20. That no attainder shall work corruption of
blood, nor, except during the life of the offender, forfeiture of estate
to the Commonwealth.
21. That the estate 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.
22. 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.
23. That the rights of the citizens to bear arms
in defence (sic) of themselves and the State shall not be questioned.
24. 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.
25. 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.
26. That the Legislature shall not grant any
title of nobility or hereditary distinction, nor create any office, the
appointment to which shall be for a longer term than during good
behaviour.
27. That emigration from the State shall not be
prohibited.
28. To guard against transgressions of the high
powers which we have delegated, WE DECLARE, that every thing in this
article is excepted out of the general powers of 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 laws of this Commonwealth in
force at the time of making the said alterations and amendments, and not
inconsistent therewith, and all rights, actions, prosecutions, claims,
and contracts, as well of individuals, as of bodies corporate, shall
continue as if the said alterations and amendments had not been made.
2. That all officers now filling any office or
appointment, shall continue in the exercise of the duties of their
respective offices or appointments for the terms therein expressed,
unless by this Constitution it is otherwise directed.
3. The oaths of office herein directed to be
taken, may be administered by any justice of the peace, until the
Legislature shall otherwise direct.
4. The General Assembly, to be held in November
next, shall apportion the Representatives and Senators, and lay off the
State into Senatorial districts conformable to the regulations
prescribed by this Constitution. In fixing those apportionments, and in
establishing those districts, they shall take for their guide the
enumeration directed by law to be made in the present year, by the
commissioners of the tax, and the apportionments thus made shall remain
unaltered until the end of the stated annual session of the General
Assembly, in the year eighteen hundred and three.
5. In order that no inconvenience may arise from
the change made by this Constitution, in the time of holding the general
election, it is hereby ordained, that the first election for Governor,
Lieutenant-Governor, and members of the General Assembly, shall commence
on the first Monday in May in the year eighteen hundred. The persons
then elected shall continue in office during their several terms of
service prescribed by this Constitution, and until the next general
election, which shall be held after their said terms shall have
respectively expired. The returns for the said first election of
Governor and Lieutenant-Governor shall be made to the Secretary, within
fifteen days from the day of election, who shall as soon as may be
examine and count the same in the presence of at least two judges of the
Court of Appeals, or district courts, and shall declare who are the
persons thereby duly elected, and give them official notice of their
election; and if any person shall be equal and highest on the poll, the
said judges and Secretary shall determine the election by lot.
6. This Constitution, except so much thereof as
is therein otherwise directed, shall not be in force, until the first
day of June, in the year 1800; on which day the whole thereof shall take
full and complete effect.
Done in Convention at Frankfort, the seventeenth
day of August, one thousand seven hundred and ninety-nine, and of the
Independence of the United States of America the twenty-fourth.
ALEXANDER S. BULLITT, President of Convention
and Member from Jefferson.
Bourbon: John Allen, Charles Smith, Robert
Wilmot, James Duncan, William Griffith, Nathaniel Rogers, Bracken:
Philip Buckner, Campbell: Thomas Sandford, Clarke: Robert Clarke, R.
Hickman, William Sudduth, Christian: Young Ewing, Fayette: John
Breckinridge, John McDowell, John Bell, H. Harrison, B. Thruston, Walter
Carr, Franklin: Harry Innis, John Logan, Fleming: George Stockton,
Garrard: William M. Bledsoe, Green: William Casey, Harrison: Henry
Coleman, William Elliott Boswell, Jefferson: Richard Taylor, Jessamine:
John Price, Lincoln: William Logan, N. Huston, Logan: John Bailey,
Reuben Ewing, Mason: Philemon Thomas, Thomas Marshall, jr., Joshua
Baker, Mercer: Peter Brunner, John Adair, Thomas Allin, Samuel Taylor,
Madison: Green Clay, Thomas Clay, William Irvine, Montgomery: Jilson
Payne, Nelson: John Rowan, Richard Prather, Nicholas Minor, Shelby:
Benjamin Logan, Abraham Owen, Scott: William Henry, Robert Johnson,
Woodford: Caleb Wallace, William Steele, Washington: Felix Grundy,
Robert Abell, Warren: Alexander Davidson.
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