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

[39] Art. III. fections 1, 2, 3, 4,5 ,7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 23, 25, 26, 27, 28, and 29, being feverally read, were agreed to. Sect. 6th, line 3d, ftrike out the words "or of this ftate." Sect 9th, line 17th, ftrike out the word "may" and infert the word "fhall." Sect 18th, line 2nd, after the word "governor, infert the word "his." Sect 22nd, lines 4 and 5, ftrike out the words "be impeached, removed from office." Sect. 24th, line 3d, ftrike out the words "the governor's continuance in office," and ifert the words "term for which the governor fhall have been elected." A motion was made and feconded, to ftrike out the 20th fection, and infert in lieu thereof, the fourth fection of the fixth article of the prefent exifting conftitution. It paffed in the negative. The yeas and the nays being required by two members prefent, were as follows : Yeas - Meffrs. Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Clark, Davidfon, Duncan, Grundy, Griffith, Hickman, Marfhall, Owens, Rowan, Rodgers, Stockton, Sudduth, Thomas, S. Taylor, R. Taylore and Wilmott. Nays - Meffrs. Adair, T. Allin, J. Allen, Breckinridge, Carr, G. Clay, T. Clay, Coleman, Cafey, Y. Ewing, R. Ewing, Hirrifon, Hufton, Henry, Innes, Irvine, Johnfon, B. Logan, W. Logan, M'Dowell, Miror, Payne, Prather, Price, Steele, Smith, Sandford, Thrufton and Wallance. Yeas 25. Nays 30. The 30th fection was then agreed to. A motion was then made and feconded, to ftrike out the 31ft fection, and infert in lieu thereof the firft fection of the 6th article of the prefent exifting conftitution. It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. Adair, Abell, Bofwell, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Cafey, Grundy, Hufton, Innes, W. Logan, Minor, Prather, Rowan, Rodgers, Stockton, Smith, Thomas, S. Taylor and R, Taylor. Nays - Meffrs. T . Allin, J. Allen, Breckinridge, Bailey, Carr, G. Clay, T. Clay, Clark, Coleman, Davidfon, Duncan, Y. Ewing, Griffith, Harrifon, Hickman, Henry, Irvine, Johnfon, B. Logan, M'Dowell, Marfhall, Owens, Payne, Price, Steele, Sandford, Sudduth, Thrufton, Wilmott and Wallace. Yeas 23. Nays 32. The convention then adjorned until to-morrow morning eight o'clock.

WEDNESDAY, August 14, 1799.

The convention met, and refoloved itfelf into a committee of the whole, to take into confideration the 6th fection of the 2nd article, L

[40] Mr. CARR in the Chair, And after fome time fpent therein, the prefident refumed the chair, and Mr. Carr reported, that the committee had taken into confideration the 6th fection of the 2nd article and had gone through the fame, and made feveral amendments thereto, which he delivered in at the clerk's table, where they were read ; when it was moved and feconded, to ftrike out the three firft lines of the faid 6th fection, and to infert in lieu thereof the words "reprefentation fhall be equal and uniform in this commonwealth, and fhall be forever regulated and afcertained by the number of qualified electors therein." It was paffed in the affirmative. A motion was then made and feconded, to ftrike out the word "towns" the balance of the fection, and to infert in lieu thereof the words "in proportion to the number of qualified elevtors : but when a county may not have a fufficient number of qualified electors to entitle it to one reprefentative, and when the adjacent county or counties may not have a fraction or fractions which when added to the fmall couty would entitle it to a feperate reprefentation, it fhall then be in the power of the legiflature to join two or more together for the purpofe of fending a reprefentative." A motion was then made and feconded to amend the amendment aforefaid, to ftrike it out and alfo fo much of the 6th fection from the word "following" in the 15th line, and to infert the words "throughout the whole ftate." It was paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffr. Bailey, T. Clay, Clark, Davidfon, and Irvine. Nays - Meffr. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Carr, G. Clay, Coleman, Cafey, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hufton, Hickman, Henry, Innes, Johnfon B. Logan, J. Logan, W. Logan, M'dowell, Marfhall, Minor, Ownes, Prather, Price, Rowan, Rodgers, Stockton, Steele, Smith, Sudduth, Sandford, Thomas, S. Taylor, Thrufton, Wilmott, and Wallace. Yeas 5. Nays 49. The amendment firft propofed, and the amendments reported by the committee were then concurred in. The 7th fection of the 2nd article was the ftriken out. A motion was then made and feconded, to add to the end of the 16th fection of the 2nd article the following words " And fhall be liable and actually pay for real or perfonal eftate in his own right, an annual tax equal to the tax on 500 acres of firft rate land for the fupport of government." It paffed in the negative. The yeas and nays being r4equired by two members prefent, were as follows : Yeas - Meffrs. J. Allen, Carr, Colemen, Henry, Johnfon, Marfhall, Price, Smith, Sandford, Thomas, and Thrufton. Nays - Meffrs. Adair, T. Allin, Abell, Breckinridge, Bofwell, Brown, Buck-

[41] ner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Cafey, Davidfon, Duncan, Y. Ewing, Grundy, Griffith, Harrifon, Hufton, Hickman, Innes, Irvine, B. Logan, J. Logan, W. Logan, M'Dowell, Minor, Owens, Prather, Rowan, Rodgers, Stockton, Steele, Sudduth, S. Taylor, R. Taylor, Wilmott, and Wallace. Yeas. 11. Nays 41. Ordered, That the clerk proceed to have engroffed, fo much of the conftitution as is agreed to. The convention then refumed the confideration of the 31ft fection of the 3d article. Line 3d, after the word "county" ftrike out the words "now or hereafter organized." Line the 11th, ftrike out from the word "office" to the word "and," in the 13th line, and infert in lieu thereof, the words "who are then juftices of the county court." Ordered, That Felix Grundy and William Logan, be entered with the minority on the queftion refpecting the courts. The convention then adjourned till four o'clock. At four o'clock the convention again met, and refumed the confideration of the conftitution. Article 4th, fections 1, 2, 4, 5, 6 and 7, being feverally read, were concurred in. A motion was then made and feconded, to amend the 3d fection at the end of the 12th line, to infert the following words: "And the verity of the facts on which the addrefs is founded fhall have been previously afcertained by the verdict of a competent jury." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. J. Allen, Breckinridge, Hufton, Innes, M'Dowell, Owens, Price, Smith and Wallace. Nays - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Coleman, Cafey, Davidfon, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hickman, Henry, Irvine, Johnfon, B. Logan, J. Logan, W. Logan, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Steele, Sandfond, Sudduth, S. Taylor, R. Taylor, Thrufton, and Wilmott. Yeas 9. Nays 42. A motion was then made and feconded, to amend the 3d fection, by adding to the end thereof the following words : " but which however fhall not be diminifhed during their continuance in office, below the fum to which fuch compenfation amounted at the time of their appointment." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. T. Allin, J. Allen, Breckinridge, Buckner, Coleman, Harrifon, Hufton, Innes, J. Logan, M'Dowell, Marfhall, Owens, Price, Steele, R. Taylor, Thrufton, and Wallace.

[ 42 ] Nays - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Cafey, Davidfon, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Hickman, Irvine, Johnfon, B. Logan, W. Logan, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Smith, Sandford, Sudduth, Thomas, S. Taylor and Wilmott. Yeas 17. Nays 36. A motion was then made and feconded, to amend the 3d fection, in line 12th, after the word "houfe" infert the following words: "Provided alfo, That no judge fhall be removed by this form of proceeding for an official act or judicial opinion." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - - - Meffra. T. Allin, J. Allen,Breckinridge, Harrifon, Hickman, Innes, M'Dowell, Price, Steel, Smith, Thrufton and Wallace. Nays - - - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clarke, Coleman, Cafey, Davidfon, Duncan, R. Ewing, Grundy, Griffith, Hufton, Henry, Irvine, Johnfon, B. Logan, J. Logan, W. Logan, Marfhall, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Sandford, Sudduth, Thomas, R. Taylor, S. Taylor, and Wilmott. Yeas 12. Nays 40. Sect. 8th, line 1ft, after the word "when" infert the sowrds " a furveyor, a corner or" and ftrike out the words "an additional" and infert "a." Line 7th, ftrike out the words "and no other." Line 8th, ftrike out the words "nominate and." Sect. 9th, line 3d, after the word "peace" infert the words "a fheriff and coroner." A motion was then made and feconded, in infert between the 8th and 9th fection the following words : "The commiffions for the juftices of the peace for the county courts fhall expire on the 1ft day of March, 1801 ; and the reprefentattives or a majority of them, from each fenatorial diftrict at the annual feffion of the general affembly in the year 1800, fhall recommend to the governor a compentent number of perfons in each county within their diftrict for juftices of the peace, and if either of the perfons thus recommended fhall be rejected by the governor or fenate, another perfon fhall immediately be recommended as aforefaid ; and the juftices appointed by the governor and fenate fhall be commifioned accordingly, which commiffions fhall take effect the 2nd day of March, 1801." It paffed in the negative. The yeas and the nays being required by two members prefent, were as follows : Yeas - - - Meffrs. Abell, Bell, Bledfoe, Baker, Y. Ewing, R. Ewing, Grundy, Johnfon, W. Logan, Minor, Prather, Rowan, Rodgers, Stockton, Smith, Sandford and Thomas. Nays - - - Meffrs. Adair, T. Allin, J. Allen, Breckinridge, Bofwell, Bailey, Brown, Buckner, Brunner, Carr, G. Clay, T. Clay, Clark, Coleman, Cafey, Davidfon, Duncan, Griffith, Harrifon, Hufton, Hickman, Henry, Innes, Irvine,

[ 43 ] B. Logan, J. Logan, M'Dowell, Marthall, Payne, Price, Steel, Sudduth, S: Taylor, R. Taylor, Thrufton, Wilmott and Wallace. Teas 17. Nays 37. And then the convention adjourned until to-morrow morning eight o'clock.

THURSDAY, Auguft 15, 1799.

The convention met according to adjournment, and refuned the confideration of the conftitution. Art. 4th. Section 10 and 11 being feverally read, were agreed to. Add to the 12th fection the following words, viz : 'Provided, that the governor may fill any vacancy in either of the faid offices during the recefs of the general aflembly.' In the laft line, ftrike out the words 'botb boufes of ,' alfo the word ' legiflature, and infert in lieu thereof the words ' general affembly.' The 5th article having been read by fections was agreed to. Article 6th. Sections 1, 2, 3, 4, 5, 6, 8, 9 and 14, being feverally read, were concurred in. A motion was made and seconded, to amend the fect. 7th, line 4th, after the word 'Virginia, ' by inferting the words 'except the law concerning rents.' It pafled in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas ----Mefirs. Adair, Abell, bailey, Brown, Buckner, Bell, Brunner, T. Clay, Davidfon, Y. Ewings, R. Ewing, Grundy, Irvine, Minor, Prather, Rowan, Rodgers, and S. Taylor. Nays-----Mefirs. T. Allin, Breckinridge, Bofwell, Bledfoe, Baker, Carr, G.Clay, Clark, Coleman, Cafey, Duncan, Griffith, Harrifon, Hickman, Henry, Innes, Johnfon, B. Logan, J. Logan, W. Logan, M'dowell, Marfhall, Payne, Price, Stockton, Steele, Smith, Sandford, Sudduth, Thomas, R. Taylor, Thrufton, Wilmott, and Wallace. Yeas 18. Nays 34. Ordered, That the 31 ft fection of the 2nd article be transpofed to the end of the 2nd fection of the 6th article. Sect. 10th, line 5th after the word 'towns' infert the words 'truffles of towns excepted.' After the word 'and' insert the words 'ball keep their respective offices.' Sect. 11th, line 1ft, strike out the words 'and their.' Line 3d, after the word " lands' infert 'the.' Line 4th, after the word 'commonwealth' infert the words 'who receive a fixed annual salary from the public treasury.' Sect. 12th. Add to the end thereof the words 'under the exceptions contained in this constitution.' Sect. 13th, line 2nd, strike out the words 'determine,' and infert the words 'regulate by law.' A motion was made and seconded, to add to the end of the 15th fection the following words : 'Provided however, that in all elections by the people, a majority of all the members elected to each branch of the general assembly, mah every M