Journal of the Convention, begun and held at the Capitol in the town of Frankfort, 22 July 1799.

[29] Sect. 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.

Sect. 5. There shall be established in each county now, or which may hereafter be erected, within this commonwealth, a county court.

Sect. 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 each branch of the legislature.

Sect. 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.

Sect.8. When an additional justice of the peach 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 and no other, he shall nominate and 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.

Sect. 9. When a new county shall be erected, a competent number of justices of the peace 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.

Sect. 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 removeable 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.

Sect. 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.

Sect. 12. The state treasurer and printer or printers for the commonwealth, shall be appointed annually, by the joint vote of both houses of the legislature.

[30] ARTICLE V. Concerning Impeachments.

Sect. 1. The house of representatives shall have the sole power of im peaching.

Sect. 2. All impeachments shall be tried by the senate: when fitting for that purpose, the seantors shall bbe upon oath or affirmation: No person shall be con victed without the concurrence of two-thirds of the members present.

Sect. 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 fur ther than to removal from office, and disqualification to hold any office of honour, trust, or profit under this commonwealth; but the party convicted shall never theless be liable and subject to indictment, trial, and punishment according to law.

ARTICLE VI. General Provisions.

Sect. 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 commenwalth 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 [blank} according to law."

Sect. 2. Treason against the commonwealth, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. Nor 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.

Sect. 3. Laws shall be made to exclude from office and from suffrage, those' who shall hereafter 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.

Sect. 4. No money shall be drawn from the treasury, but in consequence of appropriations made by law, nor shall any appropriations of money for thesup port 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 pub lished annually.

Sect. 5. The legislature shall direct by law in what manner, and in what courts suits may be brought against the commonwealth. Sect. 6. 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.

Sect. 7. 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 with

[31] 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 legislature.

Sect. 8. 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.

Sect. 9. It shall be the duty of the legislature 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.

Sect. 10. 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; and at such places therein, as may be required by law: and all militia officers shall reside in the bounds of the division, brigade, regiment, bat talion, or company to which they may severally belong.

Sect. 11. Judges of courts, and their clerks, justices of athe peace, surveyors of lands, attorney general, and other attornies for this commonwealth, and all com missioned militia officers, shall hold their respective offices during good behaviour, and the continuance of their respective courts, under the exceptions contained in this constitution.

Sect. 12. Absence on the business of this state, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this commonwealth.

Sect. 13. It shall be the duty of the legislature to determine in what cases, and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.

Sect. 14. Returns of all elections for governor, lieutenant governor, and members of the general assembly, shall be made to the secretary for the time being.

Sect. 15. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall be personally and publicly given, viva voce.

Sect. 16. No member of congress, nor person holding or exercising any office of trust or profit under the United States, or under any foreign power, shall be a member of the general assembly of this commwealth, or hold or exercise any office of trust or profit under the same.

Sect. 17. All clerks and surveyors within this commonwealth, shall on or before the first day of January eighteen hundred severally enter into new bond and security in their respective courts, and on failure to do so their offices shall be considered as vacant. The legislature shall direct by law, how persons, who may hereafter become securities for such officers, may be remedied or discharged on acount of such securityships.

ARTICLE VII. Concerning Slaves

Sect. 1. The legislature shall have no power to pass laws for the emancipa tion of slaves without the consent of their owners, or without paying their owners I

[32] previous to fuch emancipation, a full equivalent in money, for the flaves fo emancipated. They fhall have no power to prevent emigrans to this ftate from bringing with them fuch perfons as are deemed flaves by the laws of any one of the United States, fo long as any perfon of the fame age or defeription fhall be continued in flavery by the laws of this ftate. That they fhall pafs laws to permit the owners of flaves to emancipate them, faving the rights of creditors, and preventing them from becoming a charge to the county in which they refide. They fhall have full power to prevent flaves being brought into this ftate as merchandize. They fhall have full power to prevent any flaves being brought into this ftate from a foreign country, and to prevent thofe from being brought into this ftate, who have been fince the firft day of January one thoufand feven hundred and eighty-nine, or may hereafter be imported into any of the United States from a foreign country. And they fhall have full power to pafs fuch laws as may be neceffery, to oblige the owners of flaves to treat them with humanity, to provide for them neceffery cloathing and provifion, to abftain for all injuries to them extending to life or limb, and in cafe of their neglect, or refufal to comply with the directions of fuch laws, to have fuch flave or flaves fold for the benefit of their owner or ownvers.

Sect. 2. In the profecution of flaves for felony, no inqueft by a grand jury fhall be neceffery ; but the proceedings in fuch profecutions fhall be regulated by law ; except that the legiflature fhall have no power to deprive them of the privilege of an impartial trial by a petit jury.

Article VIII.

The feat of government fhall continue in the town of Frankfort, until it fhall be removed by law ; Provided however, that two-thirds of all the members elected to each branch of the legiflature fhall concur in tge paffage of fuch law.

Article IX Mode of Revifing the Conftitution. When experience fhall point out the neceffity of amending this conftitution, and when a majority of all the members elected to each branch of the legiflature, fhall within the firft fifteen days of their ftated annual feffion, concur in paffing a law for taking the fenfe of the good people of this commonwealth as to the neceffity and expediency of calling a convention, it fhall be the duty of the feveral fheriffs and other returning officers at the next general election which fhall be held for reprefentatives after the paffage of fuch law, to open a poll for, and make return to the fecretary for the time being, of the manes of all thofe entitled to vote for reprefentatives who have voted for calling a convention : and if thereupon it fhall appear that a majority of all the citizens of this ftate entitled to vote for reprefentatives, have voted for a convention, the general affembly fhall direct that a fimilar poll fhall be opened and taken for the next year ; and if thereupon

[33] it shall also appear, that a majority of all the citizens of this ftate 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 at the same time that representatives are, by citizens entitled to vote for representatives ; and to meet within three months after the said election, for the purpose of re-adopting, amending, or changing this constitution. But if it shall appear by the vote of either year as asorefaid, that a majority of all the citizens entitled to vote for representatives did not vote for a convention, a convention shall not be called. No person who was a member of that general assembly which passed the law for taking the sense of the good people of this commonwelth as to the necessity for calling a convention, shall be eligible as a member of such convention

ARTICLE X

That the general, great and essential principles of liberty and free government may be recognized and eftablished: WE DECLARE,

Sect. 1. That all free men, when they form a social compact are equal ; and that no man or set of men are entitled to exclisive, separate, public emoluments or privilages from the community, but in consideration of public services.

Sect. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, saftey, and happiness. For the advancement of these ends, they have at all times an unalienable and indeseasible right to alter, reform, or abolish their government, in such manner as they think proper.

Sect. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own confeiences; that no man shall of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent : that no human authority ought, in any cafe whatever, to controul 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.

Sect. 4. That the civil rights, privileges, or capacities of any citizen, shall in no wife be deminifhed or enlarged on account of his religion.

Sect. 5. That all elections shall be free and equal.

Sect. 6. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate.

Sect. 7. That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government ; and no law shall ever be made to reftrain the right therof. The free communication of thoughts and opinion is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being resonsible for the abuse of that liberty.