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

[ 13 ] Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. The convention then adjourned till four o'clock. At four o'clock the convention met, and again resolved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair. After some time spent there in, the president refused the chair, and Mr. Clay reported progress. And then the convention adjourned until to-morrow morning 9 o'clock.

FRIDAY, August 2, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. The convention then adjourned till four o'clock. At four o'clock the convention met, and again resloved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. And then the convention adjourned until to-morrow morning 9 o'clock.

SATURDAY, August 3, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. And then the convention adjourned until Monday 12 o'clock.

MONDAY, August 5, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. The convention then adjourned til four o'clock.

[ 14 ] At four o'clock the convention met, and again resolved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. And then the convention adjourned till to-morrow morning nine o'clock.

TUESDAY, August 6, 1799.

The convention met according to adjournment, and resolved itself into a committee of the whole, to take into consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. The convention then adjourned till four o'clock. At four o'clock the convention met, and agian resolved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair, After some time spent there in, the president refused the chair, and Mr. Clay reported progress. And then the convention adjourned until to-morrow morning 9 o'clock.

WEDNESDAY, August 7, 1799.

The convention met according to adjournment. Mr. T. Clay from the committee of the whole, reported sundry resolutions respecting, and amendments to the constitution, which he delivered in at the clerk's table, where they were twice read, some of them amended, and then the whole were agreed to sa follows viz : Art. 5. Sect 1. The judicial power of this commonwealth, both as to matters of law and equity, ought to be vested in one supreme court, which ought to be ftiled the court of appeals, and such other inferior courts, as the legislature may from time to time ordain and establish. II. Resolved, that there shall be a county court established within each county in this commonwealth. III. Resolved, That the people in voting for governor and lieutenant governor, shall distinguish which they vote for as governor, and which as lieutenant governor. IV. The court of appeals, except in cafes otherwise directed by the constitution, shall have appellate jurisdiction only ; which shall be co-extensive with the state, under such restrictions, not inconsistent with the constitution, as from time to time may be prescribed by law. V. Art. 5, sect. 2, line 5, strike out the word "may" and insert the word "shall."

[ 15 ] VI. line 7, after the word "legislature" insert "Provided, that if such address the cause for which such removal shall be prayed, shall be stated on the journal of each house." VII. Line 9, after the word "law" strike out the balance of the section. VIII. Strike out the 3d, 4th and 5th sections. IX. Art. 6. Strike out the first section and insert, "Sheriffs shall be nominated by the respective county courts out of their own body, and be approved of, and commissioned by the governor. They shall hold their offices for two years, if they so long behave well, and until a successor be duly qualified. X. Resolved, That when the time of service of a sheriff or coroner for any county now or hereafter organized is about to expire, the county court for the same, a majority of all its justices being present, shall in the months of September, October, or November next preceding thereto, recommend two proper persons to fill the office, who are then justices of the peace, and not justices of the quar - terly court ; and allo paying a just regard to seniority in office, and a regular rotation. XI. All officers and others now filling any office or appointment, shall continue in the exercise of duties of their respective offices or appointments for the terms in their commiflions or appointments respectively exprefled, unless by this constitution it is otherwise ordained and directed. That the several clerks and surveyors in this commonwealth shall on or before the 1st day of January 1800 enter into new bond and security, and on failure their office shall be considered as vacant ; and the legislature shall direct by law how securities may be remedied in future. XII. Resolved, That the justices of the county courts now in commission shall be continued in office during good behaviour. XIII. The number of justices of the peace shall be regulated by law in such manner as the legislature may from time to time ordain and establish. XIV. Resolved, That when an additional justice ofthe peace may be needed in any county, the county court for the same, a majority of all its justices concurring there in, shall recommend to the governor two proper persons to fill the office, and he shall not nominate or appoint any persons thereto, but one of those who shall have been thus recommended, except when the court shall for twelve months neglect to make such recommendation after being requested by the governor so to do. XV. Resolved, That 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 of 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. XVI. Art. 6. Section 2d, agreed to. XVII. Sect. 3. Strike out the words " The field and staff officers of the militia shall be appointed by the governor, except." XVIII. sect. 5, agreed to. E

[ 16 ] XIX. Sect. 6, agreed to. XX. Sect. 7, line 2, strike out the word "ballot" and insert the word "vote." XXI. Art. 7, agreed to. XXII. Art. 8. Sect. 1, 2, 3, 4, 5, and 7, agreed to. XXIII. Art. 9, agreed to. XXIV. Atr. 10. Strike out the first section and insert the following words : "The seat of government shall continue in the town of Frankfort, until it shall be removed by law. Provided however, that two-thirds of all the members elected to each branch of the legislature shall concur in the passage of such law." XXV. Sect. 2, to be stricken out. XXVI. Art. 11, to be stricken out, and insert in lieu thereof, " when experience shall point out the necessity of amending the constitution, and when a majority of the whole members elected to each branch of the legislature shall within the first 15 days of their stated annual session concur in passing a law for taking the sense of the good people of this commonwealth as to the necessity and expediency of calling a convention, it shall be the duty of the several sheriffs or other returning officers, at the next general election which shall be held for representatives after the passage of such law, to open a poll for, and make return to the secretary of state, of the names of those entitled to vote for representatives, who have voted for calling a convention ; and if thereupon if shall appear that a majority of all the citizens of this state, entitled to vote for representatives have voted for a convention, the general assembly shall direct that a similar opll shall be opened and taken for the next year ; and if thereupon it shall also appear that a majority of all the citizens of this state 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 aforesaid, that a majority of all 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 sente of the good people of this commonwealth as to the necessity for calling a convention shall be eligible as a member to such convention. XXVII. Art. 12, sect. 1, line 1, after the word "all" insert the word "free." XXVIII. sect. 3, line 4, after the word "mam" strike out the words, "can of right." and insert the word "shall." XXIX. Line 7, strike out the word "can" and insert the word "ought." XXX. Sect. 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, agreed to. XXXI. strike out the schedule. XXXII. In the prosecution of slaves for felony no inquest by a grand jury

[ 17 ] shall be necessary, but the proceedings shall be regulated by law, exceptthat the legislature shall have no power to deprive them of the privilege of an impartial trial by a petit jury. XXXIII. Resolved, That a majority of the field officer and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the governor ; they shall hold their office during their residence within the bounds of the company to which they shall be appointed, if thay so long behave themselves well : Provided bowever, that no appointment shall be made without two at least of the field officers being present, and in case of two or more having an equal number of votes, it shall be decided by the officer highest in commission. XXXIV. Strike out the 3rd section of the 6th article, and insert the following words: " The commanding officers of regiments shall appoint the regimental staff, brigadiers their brigade-majors, the major-generals their aids, and captains their non-commissioned officers." A motion was made and seconded, to amend the first section of the fifth article, by striking out the words " and such other inferior courts as the legislature may from time to time ordain and establish, " and insect in lieu thereof the following words : "That the present system of district courts ought to be discontinued, and circuit courts ought to be established, in which all original causes ought to be tried in the county where the defendant or defendants, or some one of them reside, except in cases of real estate, which ought to be tried in the county where such estate or the greater part thereof shall lie, (except in case of change of venue) and criminal cases in the couty where the crime shall be committed, to be composed of one circuit judge and two assistant judges resident of each county respectively, or of one judge, as the legislature may judge most expedient. But the legislature may after the expiration of years change or abolish the said courts, and establish such intermediate courts in lieu thereof from time to time as they may judge more expedient for the public good. Provided, that all suits entered in the district court shall be tried in the circuit courts in the county where the said district courts are held. " It passed in the negative. The Yeas and Nays being required by two members present were as follows : Yeas ----- Meffrs. Abel, Bailey, Brown, buckner, Bledsoe, Bruner, G. Clay, T. Clay, Casey, Davidson, Young Ewing, Grundy, Hickman, Irvine, Johnson, B. Logan, W. Logan, Owens, Payne, Prather, Rowan, Suddith, and S. Taylor. Nays----Meffrs. T. Allin, J. Allen, Breckinridge, bell, Baker, Carr, Clark, Coleman, Duncan, R. Ewing, Griffith, Harrison, Hufton, Henry, Innes, J. Logan, M'Dowell, Marshall, Minor, Price, Rodgers, Stockton, Steele, Smith, Sandford, Thomas, R. Taylor, Thruston, Wilmott, and Wallace. Yeas 23. Nays 30. Resolved, That 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 commonwealth, nor hold or exersise any office of trust or profit under the fame.