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

[34] Sect. 8. In profecitions for the publication of papers inveftigating the official conduct of officers or men in public capacity, or where the matter publifhed is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury fhall have a right to determine the law and the facts, under the direction of the court, as in other cafes. Sect. 9. That the people fhall be fecure in their perfons, houfes, papers, and poffeffions for unrefonable feizures and fearches ; and that no warrant to ferch any place, or to feize any perfon or things, fhall iffue without defcribing them as nearly as may be, nor without probable caufe fupported by oath or affirmation. Sect. 10. That in all criminal profections, the accufed hath a right to be heard by himfelf and counfel; to demand the nature and caufe of the accufation againft him, to meet the witnesses face to face, to have compulfory procefs for obtaining witneffes in his favour : and in profecutions by indictment or information, a fpeedy public trial by an impartial jury of the vicinage ; that he cannot be compelled to give evidence againft himfelf, nor can he be deprived of his life, liberty, or property ; unlefs by the judgment of his peers, or the law of the land. Sect. 11. That no perfon fhall for any indictable offence be procceded againft criminally by information, except in cafes arifing in the land or naval forces, or in the militia when in actual fervice, in time of war or public danger, or by leave of the court for oppreffion or mifdemeanor in office. Sect. 12. No perfon fhall for the fame offence be twice put in jeopardy of his life or limb, nor fhall any man's property be taken and appiled to public ufe without the confent of his reprefentatives, and without juft compenfation being previoufly made to him. Sect. 13. That all courts fhall be open, and every perfon for an ijury done him in his lands, goods, perfon, or reputation, fhall have remedy by the due courfe of law, and right and juftice adminifered without fale, denial, or delay. Sect. 14. That no power of fufpending laws fhall be exercifed, unlefs by the legiflature or its authority. Sect. 15. That exceffive bail fhall not be required, nor excessive fines impofed, nor cruel punifhments inflicted. Sect. 16. That all prifoners fhall be bailable by fufficient fecurities, unlefs for capital offences, when the proof is evident or prefumption great ; and the privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in cafes of rebellion or invafion the public faftey may require it. Sect. 17. That the perfon of a debtor, where there is not ftrong prefumption of fraud, fhall not be continued in prifon after delivering up his eflate for the benefit of his creditores, in fuch manner as shall be prefcribed by law. Sect. 18. That no expoft facto law, nor any law impairing contracts shall be made. Sect. 19. That no perfon shall be attainted of treafon or felony by the legiflature. Sect. 20. That no attainder shall work corruption of blood, nor, ecept during the life of the offender forfeiture of efate to the commonwealth. Sect. 21. That efates of fuch perfons as shall deftroy their own lives, shall

[35] descend or vest as in cafe of natural death, and if any perfon shall be killed by cafualty, there shall be no forfeiture by reafon thereof. Sect. 22. That the citizens have a right in a peaceable manner to affemble together for their common good, and to apply to thofe invefted with the powers of government for redrefs of grievances, or other proper purpofes, by petition, addrefs, or remonftrance. Sect. 23. That the rights of the citizens to bear arms in defence of themfelves and the ftate, shall not be queftioned. Sect. 24. That no ftanding army shall in time of peace be kept up without the confent of the legiflature, and the military shall in all cafes and at all times be in ftrict fubordination to the civil power. Sect. 25. That no foldier shall in time of peace be quartered in any houfe without the confent of the owner, nor in time of war, but in a manner to be preferibed by law. Sect. 26. That the legiflature shall not grant any title of nobility or hereditary diftinction, nor create any office the appointment to which shall be for a longer term than during good behaviour. Sect. 27. That emigration from the ftate shall not be prohibited. Sect. 28. To guard againft tranfgreffions of the high powers wehich we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate ; and that all laws contrary thereto, or contrary to this conftition shall be void.

SCHEDLE.

That no inconvenience may arife from the alterations and amendments made in the conftitution of this commonwealth, and in order to carry the fame into complete operation, it is hereby declared and ordained : Sect. 1. That all laws of this commonwealth in force at the time of making the faid alterations and amendments, and not inconfiftent therewith, and all rights. actions, profecutions, claims, and contracts, as well of undividuals as of bodies corporate, fhall continue as if the faid alterations and amendments had not been made. Sect. 2. That all officers now filling any office or appointment, fhall continue in the exercife of the duties of their refpective offices or appoinments for the terms therein expreffed ; unlefs by this conftitution it is otherwife directed. Sect. 3. The oaths of office herein directed to be taken by law to be made in the prefent year by commiffioners of the tax, fhall the reprefentation be fixed for the firft four years, by the general affembly which is to convene in November next. Sect. 5. In order that no inconvenience may arife from the change made by this conftitution, in tthe time of holding the general election, it is hereby ordained, K

[36] that the firft election for governor, lieutenant governor, and members of the general affembly, fhall be held on the firft Monday in May in the year eighteen hundred. The perfons then elected fhall continue in office during their refpective terms of fervice prefcribed by this conftitution, and until the next general election, which fhall be held after their faid terms fhall have refpectively expired. The returns for the faid firft election of governor and lieutenant governor, fhall be made to the fecretary, within fifteen days from the day of election, who fhall examine and count the fame in the prefence of at leaft two judges of the court of appeals, or diftrict courts, and shall declare who are the perfons thereby duly elected ; and if any perfons fhall be equal and heigheft on the poll, the election fhall be determined by lot. Sect. 6. This conftitution, except fo much thereof as is therein otherwife directed, fhall not be in force until the firft day of June in the year eighteen hundred ; on which day the whole thereof fhall take full and complete effect.

The convention then proceeded to confider the same, fection by fection. The firft article being read by fections was concurred in. The 1ft, 2nd, 5th, 8th and 10th fections of the 2nd article being read, were agreed to. The following amendments were the propofed and agrred to : Article II, sect. 3rd, line 6th, ftrike out the words "the prefiding officer or officers," and infert in lieu thereof the words "one or more of the candidates." Line 2nd, ftrike out the word "Tuefday" and infert "Monday." Sect. 4th, line 2nd, ftrike out the word "being," and infert in lieu thereof, the words "of his election." Line 7th, ftrike out the words "fix months," and infert in lieu thereof, the word "year." Sect. 6th, line 14th, ftrike out the word "period," and infert in lieu thereof the words "four years." The 6th fection was then ordered to lie for confideration. Sect. 7th, line 3d, ftrike out the word "afcertained," and infert in lieu thereof, the word "found." Line 8th, ftrike out the word "inhabitants," and infert in lieu thereof, the word "electors." Sect. 9th, line 2nd, after the word "citizen" infert the words "negroes, mulattoes, and Indians excepted." The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. Adair, J. Allen, Breckinridge, Bofwell, Bell, Carr, G. Clay, Clark, Coleman, Duncan, Griffith, Harrifon, Hufton, Henry, B. Logan, J. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Steele, Sandford, Sudduth, Thomas, Thrufton, Wilmott and Wallance. Nays - Meffers. T. Allin, Abell, Bailey, Brown, Buckner, Bledfoe, Baker, Brunner, T. Clay, Cafey, Davidfon, Y. Ewing, R. Ewing, Grundy, Hickman, Innes, Irvine, Rodgers, Stockton, Smith, S. Taylore and R. Taylor. Yeas 30. Nays 22.

[37] The following amendments was then propofed and agreed to be added to the end of the 9th fection, viz : "Electors fhall in all cafes except treafon, felony, breach or furety of the peace, be privileged from arreft during their attendance at, going to, and returning from elections." Sect. 11th, line the laft, ftrike out the word "forever" and infert the word "perpetually." Sect. 12th, ftrike it out, and infert in lieu thereof the words following, viz : "The fenate fhall confift of twenty-four members at leaft, and for every three members above fifty-eight, which fhall be added to the houfe of reprefentatives, one member fhall be added to the fenate." Sect. 13th, line 8th, ftrike out the words "or town." Sect. 14th, line 2nd, ftrike out the word "is," and infert the words "may be." Lines 2nd and 3d, ftriek out the word "allotted," and infert the words "annexed by lot." And then the convention adjorned till to-morrow morning nine o'clock.

TUESDAY, August 13, 1799.

The convention met according to adjurnment, and refumed the confideration of the conftitution. Article II, sections 15, 17, 18, 19, 21, 22, 23, 24, 25, 30, and 32 on being feverally twice read were agreed to. Sect. 16th, line 2nd, ftrike out the word "being," and infert the words "of his election." Sect 20th, lines 5 and 6, ftrike out the words "by a committee, to be felected, formed and regulated." Sect. 26th, add to it the words " exceot fueb officers as fhall be elected immediately by the people." Line 5th, ftrike out the words "truft or." Sect. 27th. It was moved and feconded, to ftrike out from the word "while" in the firft line to the end of the fourth line. It pafled in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. Adair, Beiley, Brown, Buckner, Bledfoe, Baker, Brunner, T. Clay, R. Ewing, Griffith, Minor, Stockton, Smith, Thomas, and S. Taylow. Nays - Meffrs. T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Bell, G. Clay, Carr, Clark, Coleman, Cafey, Davidfon, Duncan, Y. Ewing, Grundy, Harrifon, Hufton, Hickman, Henry, Innes, Irvine, Johnfon, B. Logan, W. Logan, M'dowell, Marfhall, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, Thrufton, Wilmott, and Wallace. Yeas 15. Nays 37. A motion was then made and feconded, to ftrike out the words "attornies at law" in the 8th line. It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs, Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T.

[38] Clay, Davidfon, Hickman, Irvine, Johnfon, Payne, Stockton, Smith, Thomas, S. Taylor and Wilmott. Nays - Meffrs. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Buckner, Carr, Clark, Coleman, Cafey, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hufton, Henry, Innes, B. Logan, W. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, R. Taylor, Thrufton, and Wallance. Yeas. 18. Nays 36. It was then moved and feconded, to ftrike out the words "don not" and add before the laft word, in the fyllable "in." It paffed in the affirmative. A motion was then made and feconded, to infert after the word "treafury" the words "or any allowance from any quarter feffion or county court." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Davidfon, R. Ewing, Hickman, Irvine, Johnfon, Payne, Stockton, Smith, Thomas, and S. Taylor. Nays - Meffrs. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Buckner, Carr, Clark, Coleman, Cafey, Duncan, Y. Ewing, Grundy, Griffith, Harrifon, Hufton, Henry, Innes, B. Logan, W. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, R. Taylor, Thrufton, and Wallance. Yeas 18. Nays 35. Sect. 27th, line 10th, ftrike out the word "alfo." Lines 5 and 6, ftrike out the words "truft or." Sect. 28th, line 2nd, ftrike out the word "hath," and infert the words "may have." Sect. 29th, line 3d, ftrike out the word "wholly." Add to the end of the fection the words "unlefs four-fifths of the houfe where the bill fhall be depending, may deem it expedient to difpenfe with this rule." Sect. 31ft. Infert between the letter "a" and the word "fenator" the words "governor, lieutenant governor." The convention then proceeded to reconcider the 10th fection of the 2nd article, when it was agreed to amend the fame by adding thereto, the words "and the fenate when affembled fhall have power to chufe its officers annually." Ordered, That the 6th fection of the 2nd article be committed to a committee of the whole convention to-day. The convention then refolved itfelf into a commitee of the whole, to take into confideration the faid fection. Mr. T. CLAY in the Chair, And after fome time fpent therein, the prefident refumed the chair, and Mr. Clay reported progrefs, and afked for leave to fit again to-morrow ; which was granted. The convention then adjourned till four o'clock. At four o'clock the convention again met, and refumed the confideration of the conftitution.