This on is ready to go JW 12/31/01 *** ESTART KY 05/26/1790 *** An Act for the Government of the Territory of the United States, south of the river Ohio SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the territory of the United States south of the river Ohio, for the purposes of temporary government, shall be one district; the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the territory of the United States northwest of the river Ohio. And the government of the said territory south of the Ohio shall be similar to that which is now exercised in the territory northwest of the Ohio; except so far as is otherwise provided in the conditions expressed in an act of Congress of the present session, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory." SEC. 2. And be it further enacted, That the salaries of the officers, which the President of the United States shall nominate, and with the advice and consent of the Senate appoint, by virtue of this act, shall be the same as those, by law established, of similar officers in the government northwest of the river Ohio. And the powers, duties, and emoluments of a superintendent of Indian affairs for the southern department shall be united with those of the governor. Approved, May 26, 1790. *** EEND *** *** ESTART KY 02/04/1791 *** ACT ADMITTING KENTUCKY INTO THE UNION-1791 An Act declaring the consent of Congress, that a new State be formed within the jurisdiction of the Commonwealth of Virginia, and admitted into this Union, by the name of the State of Kentucky. Whereas the legislature of the commonwealth of Virginia, by an act entitled "An act concerning the erection of the district of Kentucky into an independent state," passed the eighteenth day of December, one thousand seven hundred and eighty-nine, have consented that the district of Kentucky, within the jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state: And whereas a convention of delegates, chosen by the people of the said district of Kentucky, have petitioned Congress to consent that, on the first day of June, one thousand seven hundred and ninety-two, the said district should be formed into a new state, and received into the Union, by the name of " The State of Kentucky:" SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, and it is hereby enacted and declared, That the Congress doth consent that the said district of Kentucky, within the jurisdiction of the commonwealth of Virginia, and according to its actual boundaries on the eighteenth day of December, one thousand seven hundred and eighty-nine, shall, upon the first day of June, one thousand seven hundred and ninety-two, be formed into a new State, separate from, and independent of, the said commonwealth of Virginia. SEC. 2. And be it further enacted and declared, That upon the aforesaid first day of June, one thousand seven hundred and ninety-two, the said new State, by the name and style of the State of Kentucky, shall be received and admitted into this Union as a new and entire member of the United States of America. Approved, February 4, 1791. *** EEND *** *** CSTART KY 04/19/1792 08/17/1799 *** CONSTITUTION OF KENTUCKY - 1792 *** ASTART 9001.0 KY 1792 *** We, the representatives of the people of the State of Kentucky, in convention assembled, do ordain and establish this constitution for its government. *** AEND *** *** ASTART 001.0 KY 1792 *** ARTICLE I *** SSTART 001.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 002.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 003.0 001.0 0 KY 1792 *** 3. The legislative powers of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives. *** SEND *** *** SSTART 004.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 005.0 001.0 0 KY 1792 *** 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 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 this State. *** SEND *** *** SSTART 006.0 001.0 0 KY 1792 *** 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 the 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. *** SEND *** *** SSTART 007.0 001.0 0 KY 1792 *** 7. The senators shall be chosen for four years. *** SEND *** *** SSTART 008.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 009.0 001.0 0 KY 1792 *** 9. In choosing 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. *** SEND *** *** SSTART 010.0 001.0 0 KY 1792 *** 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 choosing 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. *** SEND *** *** SSTART 011.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 012.0 001.0 0 KY 1792 *** 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 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 had an equal number, and they who shall have the greatest number in their favor on the 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. *** SEND *** *** SSTART 013.0 001.0 0 KY 1792 *** 13. The electors of senators shall judge of the qualifications and elections of members of their 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. *** SEND *** *** SSTART 014.0 001.0 0 KY 1792 *** 14. The electors, immediately on their meeting, and before they proceed to the election of senators, shall take an oath, or 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. *** SEND *** *** SSTART 015.0 001.0 0 KY 1792 *** 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 choose senators, another person in his place, for the residue of the said term of four years. *** SEND *** *** SSTART 016.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 017.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 018.0 001.0 0 KY 1792 *** 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 authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided. *** SEND *** *** SSTART 019.0 001.0 0 KY 1792 *** 19. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but not a second time for the same cause. *** SEND *** *** SSTART 020.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 021.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 022.0 001.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 023.0 001.0 0 KY 1792 *** 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 choosing 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 choosing 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. *** SEND *** *** SSTART 024.0 001.0 0 KY 1792 *** 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 society, 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. *** SEND *** *** SSTART 025.0 001.0 0 KY 1792 *** 25. When vacancies happen in the house of representatives, the speaker shall issue writs of election to fill such vacancies. *** SEND *** *** SSTART 026.0 001.0 0 KY 1792 *** 26. All bills for raising revenue shall originate in the house of representatives, but the senate may propose amendments as in other bills. *** SEND *** *** SSTART 027.0 001.0 0 KY 1792 *** 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 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. *** SEND *** *** SSTART 028.0 001.0 0 KY 1792 *** 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 reconsider it; if after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which likewise it shall be reconsidered, 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. *** SEND *** *** SSTART 029.0 001.0 0 KY 1792 *** 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 repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. *** SEND *** *** AEND *** *** ASTART 002.0 KY 1792 *** ARTICLE II *** SSTART 001.0 002.0 0 KY 1792 *** 1. The supreme executive power of this commonwealth shall be vested in a governor. *** SEND *** *** SSTART 002.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 003.0 002.0 0 KY 1792 *** 3. The governor shall hold his office during four years from the first of June next ensuing his election. *** SEND *** *** SSTART 004.0 002.0 0 KY 1792 *** 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 public business of the United States, or of this State. *** SEND *** *** SSTART 005.0 002.0 0 KY 1792 *** 5. No member of Congress, or person holding any office under the United States, or this State, shall exercise the office of governor. *** SEND *** *** SSTART 006.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 007.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 008.0 002.0 0 KY 1792 *** 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 or 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. *** SEND *** *** SSTART 009.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 010.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 011.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 012.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 013.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 014.0 002.0 0 KY 1792 *** 14. He shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 015.0 002.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 016.0 002.0 0 KY 1792 *** 16. An attorney-general shall be appointed and commissioned during good behavior; who 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. *** SEND *** *** SSTART 017.0 002.0 0 KY 1792 *** 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 he enjoined him by law. *** SEND *** *** AEND *** *** ASTART 003.0 KY 1792 *** ARTICLE III *** SSTART 001.0 003.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 002.0 003.0 0 KY 1792 *** 2. All elections shall be by ballot. *** SEND *** *** SSTART 003.0 003.0 0 KY 1792 *** 3. Electors shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them. *** SEND *** *** AEND *** *** ASTART 004.0 KY 1792 *** ARTICLE IV *** SSTART 001.0 004.0 0 KY 1792 *** 1. The house of representatives shall have the sole power of impeaching. *** SEND *** *** SSTART 002.0 004.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 003.0 004.0 0 KY 1792 *** 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, judgment, and punishment according to law. *** SEND *** *** AEND *** *** ASTART 005.0 KY 1792 *** ARTICLE V *** SSTART 001.0 005.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 002.0 005.0 0 KY 1792 *** 2. The judges of both 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. *** SEND *** *** SSTART 003.0 005.0 0 KY 1792 *** 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 the said supreme court; and in all cases concerning contracts for lands, prior to the establishment 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 defence in writing; and shall, on the conclusion of every cause, state on the records of 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. *** SEND *** *** SSTART 004.0 005.0 0 KY 1792 *** 4. And it shall be the duty of each judge of the supreme court, present at the hearing of any such case, 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 cause, 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 impanelled 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. *** SEND *** *** SSTART 005.0 005.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 006.0 005.0 0 KY 1792 *** 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 any infamous crime, or on the address of both houses of the legislature. *** SEND *** *** SSTART 007.0 005.0 0 KY 1792 *** 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 authority of the commonwealth of Kentucky, and conclude "against the peace and dignity of the same." *** SEND *** *** AEND *** *** ASTART 006.0 KY 1792 *** ARTICLE VI *** SSTART 001.0 006.0 0 KY 1792 *** 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 office 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. *** SEND *** *** SSTART 002.0 006.0 0 KY 1792 *** 2. The freemen of this commonwealth 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. *** SEND *** *** SSTART 003.0 006.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 004.0 006.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 005.0 006.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 006.0 006.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 007.0 006.0 0 KY 1792 *** 7. The State treasurer shall be appointed annually by the joint ballot of both houses. *** SEND *** *** AEND *** *** ASTART 007.0 KY 1792 *** ARTICLE VII *** SSTART 001.0 007.0 0 KY 1792 *** 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." *** SEND *** *** AEND *** *** ASTART 008.0 KY 1792 *** ARTICLE VIII *** SSTART 001.0 008.0 0 KY 1792 *** 1. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its enemies, giving them aid or 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. *** SEND *** *** SSTART 002.0 008.0 0 KY 1792 *** 2. Laws shall be made to exclude from office and from suffrage those who 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. *** SEND *** *** SSTART 003.0 008.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 004.0 008.0 0 KY 1792 *** 4. The legislature shall direct by law in what manner and what courts suits may be brought against the State. *** SEND *** *** SSTART 005.0 008.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 006.0 008.0 0 KY 1792 *** 6. All laws now in force in the State of Virginia, not inconsistent 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. *** SEND *** *** SSTART 007.0 008.0 0 KY 1792 *** 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. *** SEND *** *** AEND *** *** ASTART 009.0 KY 1792 *** ARTICLE IX *** SSTART 001.0 009.0 0 KY 1792 *** 1. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of their owners, previous to such emancipation, and 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 chargeable to the county in which they reside. They shall have full power to prevent slaves being brought into this State as merchandize. 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 hereafter may 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. *** SEND *** *** AEND *** *** ASTART 010.0 KY 1792 *** ARTICLE X *** SSTART 001.0 010.0 0 KY 1792 *** 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 Fayette and Mercer 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 to lay off a town thereon, in such manner as they shall judge most proper. *** SEND *** *** SSTART 002.0 010.0 0 KY 1792 *** 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 imposed on them in such manner as in their judgment will be most beneficial to the State at large. *** SEND *** *** AEND *** *** ASTART 011.0 KY 1792 *** ARTICLE XI *** SSTART 001.0 011.0 0 KY 1792 *** 1. That the citizens of this State may have an opportunity to amend or change this constitution in a peaceable 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 if 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 in 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. *** SEND *** *** AEND *** *** ASTART 012.0 KY 1792 *** ARTICLE XII *** SSTART 001.0 012.0 0 KY 1792 *** 1. That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we declare that all men, when they form a social compact, are equal, and that no man or set of men are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services. *** SEND *** *** SSTART 002.0 012.0 0 KY 1792 *** 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 those 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. *** SEND *** *** SSTART 003.0 012.0 0 KY 1792 *** 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 of right can 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. *** SEND *** *** SSTART 004.0 012.0 0 KY 1792 *** 4. That the civil rights, privileges, or capacities of any citizen shall in no ways be diminished or enlarged on account of his religion. *** SEND *** *** SSTART 005.0 012.0 0 KY 1792 *** 5. That all elections shall be free and equal. *** SEND *** *** SSTART 006.0 012.0 0 KY 1792 *** 6. That trial by jury shall be as heretofore, and the right thereof remain inviolate. *** SEND *** *** SSTART 007.0 012.0 0 KY 1792 *** 7. That the printing-press 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 communications 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. *** SEND *** *** SSTART 008.0 012.0 0 KY 1792 *** 8. In prosecutions for publications 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. *** SEND *** *** SSTART 009.0 012.0 0 KY 1792 *** 9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; 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. *** SEND *** *** SSTART 010.0 012.0 0 KY 1792 *** 10. 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 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. *** SEND *** *** SSTART 011.0 012.0 0 KY 1792 *** 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, or by leave of the court for oppression or misdemeanor in office. *** SEND *** *** SSTART 012.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 013.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 014.0 012.0 0 KY 1792 *** 14. That no power of suspending laws shall be exercised, unless by the legislature or its authority. *** SEND *** *** SSTART 015.0 012.0 0 KY 1792 *** 15. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. *** SEND *** *** SSTART 016.0 012.0 0 KY 1792 *** 16. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, 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. *** SEND *** *** SSTART 017.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 018.0 012.0 0 KY 1792 *** 18. That no ex post facto law nor any law impairing contracts shall be made. *** SEND *** *** SSTART 019.0 012.0 0 KY 1792 *** 19. That no persons shall be attainted of treason or felony by the legislature. *** SEND *** *** SSTART 020.0 012.0 0 KY 1792 *** 20. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth. *** SEND *** *** SSTART 021.0 012.0 0 KY 1792 *** 21. That 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. *** SEND *** *** SSTART 022.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 023.0 012.0 0 KY 1792 *** 23. That the right of the citizens to bear arms in defence of themselves and the State shall not be questioned. *** SEND *** *** SSTART 024.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 025.0 012.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 026.0 012.0 0 KY 1792 *** 26. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be or a longer term than during good behavior. *** SEND *** *** SSTART 027.0 012.0 0 KY 1792 *** 27. That emigration from the State shall not be prohibited. *** SEND *** *** SSTART 028.0 012.0 0 KY 1792 *** 28. To guard against the high powers which have been delegated, we declare that everything 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. *** SEND *** *** AEND *** *** ASTART 9003.0 KY 1792 *** SCHEDULE *** SSTART 001.0 9003.0 0 KY 1792 *** 1. That no inconvenience may rise from the establishing the government of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, that all rights, actions, prosecutions, claims, and contracts, as well individuals as of bodies-corporate, shall continue as if the said government had not been established. *** SEND *** *** SSTART 002.0 9003.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 003.0 9003.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 004.0 9003.0 0 KY 1792 *** 4. The general assembly shall meet at Lexington on the fourth day of June next. *** SEND *** *** SSTART 005.0 9003.0 0 KY 1792 *** 5. All returns herein directed to be made to the secretary shall, previous to his appointment, be made to the clerk of the supreme court for the district of Kentucky. *** SEND *** *** SSTART 006.0 9003.0 0 KY 1792 *** 6. Until a seal shall be provided for the State, the governor shall be at liberty to use his private seal. *** SEND *** *** SSTART 007.0 9003.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 008.0 9003.0 0 KY 1792 *** 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. *** SEND *** *** SSTART 009.0 9003.0 0 KY 1792 *** 9. All offences 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. *** SEND *** *** SSTART 010.0 9003.0 0 KY 1792 *** 10. At the elections 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 elections shall be held by any one of the justices of the peace for the county where such neglect or refusal 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 officers 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. *** SEND *** *** SSTART 011.0 9003.0 0 KY 1792 *** 11. The government of the commonwealth of Kentucky shall commence on the first day of June next. *** SEND *** *** AEND *** *** ASTART 9016.0 KY 1792 *** 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 McDOWELL, President. Attest: THO. TODD, clerk. *** AEND *** *** CEND ***