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

[ 8 ] SATURDAY, July 27, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again on Monday next ; which was granted. The convention then adjourned until Monday morning ten o'clock.

MONDAY, July 29, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported foundry resolutions, which were ordered to lie on the table. The convention then adjourned till four o'clock. At four o'clock the convention again met, and resolved itself into a committee of the whole, to take into further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported foundry resolutions, which were ordered to lie on the table. The convention then adjourned till nine o'clock to-morrow morning.

TUESDAY, July 30, 1799.

The convention met according to adjournment. Ordered, That the resolutions reported and laid on the table yesterday be recommitted to a committee of the whole. The convention then resolved itself into a committee of the whole, to take into further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr Clay reported foundry resolutions ; which were ordered to lie on the table. The convention then adjourned till four o'clock. At four o'clock the convention met, and again resolved itself into a committe of the whole, to take into further consideration the constitution. Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported further progress. Ordered, That a committee be appointed to prepare and report a constitution, of Messrs. G. Clay, Wallace, Thruxton, Adair, Innes, Breckinridge, Rowan, Grundy, S. Taylor, Bledsoe, B. Logan, and J. Allen.

[ 9 ] Ordered, That the resolutions and amendments which have been made and agreed to, be referred as instructions to the fair committee. And then the convention adjourned until to-morrow morning nine o'clock.

WEDNESDAY, July 31, 1799.

The convention met according to adjournment, and proceeded to confider the resolutions and amendments reported from the committee of the whole, which lay on the table, and having made some progress there in, adjourned till four o'clock. At four o'clock the convention again met, and refined the consideration of the fair resolutions and amendments, and some of them being amended,were agreed to as follows : Resolved, that the fourth fection be amended by striking out the word "May" and inferting " August." Resolved, That representation ought to be by numbers. Resolved, That the senate shall consist of twenty-four members. Resolved, That the senate shall be elected directly by the people. Resolved, That the senate shall be elected for four years. Resolved, That twenty-four senatorial districts ought to be, by the house of representatives at the next fellion of the general assembly, formed according to numbers, as near as may be, in such a manner that no one county shall be divided, or form more than one entire district ; and where two or more counties shall form a district they shall be adjoining. Resolved, That on the first meeting of the senate after the first election, they shall be divided by lot into four clafles, and fix members in each class, and numbered 1, 2, 3, 4 ; the feats of the members of the first class shall be vacated at the expiration of the first year ; the second class the second year ; the third class the third year ; and the fourth class the fourth year : so that the fourth part of the senate shall be chosen annually. and that when any member or members shall thereafter be added to the senate, that such additional member or members shall by lot be thrown into some one class ; so that there shall be as equal a number in each class as may be. Resolved, That the house of representatives shall as often as may be necessary, arrange this state into as many diffricts as there are senators ; and that for every three representations added to the house of representatives there shall be one member added to the senate. Resolved, That a senator shall be thirty-five years of age, a citizen of the United States, hath refined in this state fix years, and the last year thereof in the district for which he shall be chosen. Resolved, That from the 8th to the 15th functions, inclusive of the first article, be stricken out of the present constitution. Resolved, That the general assembly shall meet on the first Monday in November in every year, unless a different day be appointed by law ; or sooner convened by the governor.

[ 10 ] Art. 1, sect. 20, strike out the words " except such parts of them as may require secrecy. " Sect. 21. The doors of each house and of committees of the whole, shall during each section be kept open. Resolved, That so much of the present constitution and respects the elections to chute a governor and senate, shall be stricken out. Art. 1, sect. 23, lines 10 and 11, strike out the words " existence of the legislature," and insert in lieu thereof the word "session." Add to the 24th section "nor shall any person who at any time hath been a collector of the taxes for this state, nor the alliftant or deputy of such collector, be eligible to either house of the legislature, until he shall have obtained a quietus for the amount of luch collection. The general assembly shall have power to regulate by law, the manner of issuing writs of election to fill up vacancies, which may happen in either branch of the legislature. No bill shall have the force of law, until on three days it be wholly read over in each house of the legislature, and free discussion allowed thereon. Add to the end of the 26th section " but no new matter shall be introduced under the colour of amendment, but what relates to raising a revenue." Sect. 27, strike out from the beginning thereof to the word "every" in the 6th line. Line 8, strike out the words " or sheriff." Last line, strike out the words " or canvassed," Resolved, That elections for representatives for the federal counties entitled to representation, shall be held at the places of holding their respective courts, or in the federal 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 free male inhabitants above 21 years of age, 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 the town continues to be entitled thereto, by a like comparative number of its inhabitants ; and thereafter elections for the county in which such town is situated, shall not be held therein. Resolved, That the number of representatives shall, once in every period of four years, be ascertained and allotted as followeth : Every four year after the constitution shall take effect, an enumeration of all the free male inhabitants of the state, above 21 years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, in the federal years of making these enumerations, be so fixed as not to be less than 58, nor more than 100 ; and they shall be proportion for the period next following as near as may be, among the federal counties and towns, which may then be entitled to a separate representation, in proportion to the number of free male inhabitants above the age of 21 years, in each of them, and allotting one representative at least to each of the counties now existing. Resolved, That agreeable to the enumeration directed by law to be made in

[ 11 ] the present year, by the commissioners of the tax, shall the representation for the first period of four years be fixed as aforesaid, by the next legislature, Resolved, That no county hereafter erected, shall have a separate representation, until it be found by an enumeration as aforesaid to contain a number of free male inhabitants above, the age of 21 years, equal to the ratio then established : but in the mean time, the qualified inhabitants thereof, shall continue to have the righ of suffrage in the county or counties from which they were respectively taken, and be counted with the fame in apportioning the ratio. Resolved, That the governor shall be elected by the people qualified to vote for the senate and house of representatives ; and the person having the highest number of votes shall be governor for the term of four years ; and if there shall be an equal number of votes the election shall be determined by lot ; and he shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected. Art. II, sect. 4, line 1, after the word "thirty" insert the word " five." Line 2, after the word " citizen" insert the words " of the United States." Line 3, strike out the word "two" and insert the word " six." Sect. 5, after the word "state" in the fifth line, insert the words " nor any minister of any religious society." Sect. 6, agreed to. Sect. 7, add, but he shall not personally command in the field unless he shall be so advised by a resolution of the senate and house of representatives. Sections 8, 9, 10, 11, 12, 13, & 14, agreed to. Resolved, That a lieutenant governor shall at every election for a governor, be chosen in the same manner as the governor, continue in office for the fame time, and possess that same qualifications. 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. That in cafe of impeachment of the governor, or his removal from office, death, 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 chosen ; or the governor absent or impeached, shall return or be acquitted. That whenever the governor shall be a administered by the lieutenant governor, or he shall be unable to attend as speaker of the senate, the senators shall have power to elect one of their own members as speaker for that occasion. And if during such vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the speaker of the senate shall in like manner as the lieutenant governor administer the government. The lieutenant governor while he acts as speaker of 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 lieutenant governor, he shall receive the same D

[ 12 ] compensation and be entitled to the fame privileges and emoluments, which the governor would have received and been entitled to, had been employed in the duties of his office. The speaker of the senate during the time he administers the government, shall also be entitled in like manner to the same compensation, privileges and emoluments as the governor would have been entitled to, and have enjoyed had he been employed in the duties of his office. Art. 1, sect. 27, line 7, after the letter "a" insert the words "governor, lieutenant governor". Sect. 28, line 9, strike out the words "two-thirds" and insert " a majority of the whole number of the members". Line 13, same amendment. Sect. 29, line 6, same amendment. Art. II, sect. 17, agreed to. Strike out the 2nd section and infert,Resolved, that in all elections by the people, and also by the senate and house of representative, jointly or separately, the votes shall be personally and publicly given viva voce, and not by ballot. The Yeas and Nays being required by two members present on that part of the resolutions respecting the lieutenant governor, were as follows viz : Yeas, Mefirs, Adair, T. Allen, J. Allin, Abel, Breckinridge, Boswell, Bailey, Buckner, Bledsoe, Baker, Bruner, Carr, Clark, Coleman, Davidson, Duncan, Y. Ewing, Grundy, Griffith, Harshall, Hickman, Henry, Innes, Johnson, J. Logan, W. Logan, M'Dowell, Marshall, Payne, Prather, Price, Rowan, Stockdon, Steele, Sanford, Sudduth, Thomas, Thruston, Wilmott, and Wallace. Nays, Meffrs, Brown, Bell, G. Clay, T. Clay, Casey, Forbes, Hufton, Irvine, B. Logan, Minor, Owens, Rodgers, S. Taylor, and R. Taylor. Yeas 40. Nays 14. Resolved, That the persons entitled to vote for representatives shall vote for two persons for governor, one of whom shall not reside in the county in which he shall vote, and the person who hath the greatest number of voted shall be governor, and the person who hath the next highest number of votes shall be lieutenaut governor. Art. 3, sect. 1, line 3, after the word "years" insert the words "except Indians, negroes, and mulattoes." The convention then resolved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the President refumed the chair, and Mr. Clay reported pregress. And then the convention adjourned until to-morrow morning nine o'clock.

THURSDAY, August 1, 1799.

The convention met according to adjournment, and resolved ifself into a committee of the whole, to take into consideration the constitution,