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

[ 18 ] The convention then adjourned till five o'clock. At five o'clock the convention met. A motion was made and seconded, to strike out the 6th section of the 8th article, and insert the following words, viz : " All laws whcih on the first day of June 1792 were in force in the state of Virginia, and which are of a general nature and not local to that state, and not inconsistent with this constitution, nor with the laws which have been enacted by the legislature of this commonwealth shall the in force within this state, until they shall be altered or repealed by the legislature." It passed in the affirmative. The following amendments were then proposed and agreed to : Art. 2. Sect. 16, to be stricken out, and insert in lieu thereof, " An attorney general shall be appointed and commissioned during good behaviour, whole duty shall be prescribed by law. Sect. 17, agreed to. Strike out the 6th section of the bill of rights, and insert in lieu thereof, " That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate." Resolved, That the oaths of office herein directed to be taken may be administered by any justice of the peace until the legislature shall otherwise direct, The 4th article of the constitution was agreed to. Resolved, That 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. Ordered, That Achilles Sneed be appointed engrossing clerk to the committee appointed to draft and report a constitution. And then the convention adjourned till to-morrow twelve o'clock.

THURSDAY, August 8, 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, And after some time spent therein, the President resumed the chair, and Mr. Clay reported further progress. Resolved, That all civil officers for the commonwealth at large shall reside within the state, and all district, county, or town offices within their respective districts, counties or towns, and at such places therein as may be required by law. ane that all militia offices shall reside in the bounds of the division, brigade, regiment, battalion, or company to which they may severally belong. The convention then adjourned till twelve o'clock to-morrow.

FRIDAY, August 9, 1799.

The convention met according to adjournment, and reselved itself into a committee of the whole, to take into farther consideration the constitution,

[ 19 ] Mr. T. CLAY in the Chair, And after some time spent therein, the president refused the chair, and Mr. Clay reported farther prgress. The convention then adjourned until five o'clock. Mr. Thomas Clay moved the following by way of schedule, viz : " For the purposes of carrying into effect the present constitution, be it ordaines : That there shall be an election holden by the citizens of this commonwealth, entitled to vote, to commence on the day of and to be regulated by the now existing law regulating elections, except the time of holding the election and manner of voting, which shall be viva voce ; they shall elect a governor, lieutenant governor, senators and representatives ; they governor and lieutenant governor to continue in office until one is duly elected at the general election and qualified as this constitution directs ; but the first election of the same is not to disqualify them from a second election as is prescribed by this constitution. All the counties shall retain their presnet number of representatives, and those counties that have no representative shall each have one. Senators shall be elected as followeth, viz : Franklin and Gallatin shall elect one senator, Boone, Campbell and Bracken one, Pendleton and Harrison one, Scott one, Woodford one, Jessamine and Garrard one, Fayette one, Clark one, Montogomery one, Bourbon one, Mason one, Fleming one, Madison one, Lincoln and Pulaski one, Mercer one, Washington one, Nelson one, Bullitt and Jefferson one, Shelby and Henry one, Hardin and Ohio one, Christian, Henderson and Livingston one, Logan and Muhlenberg one, Green and Cumberland one, Warren and Barren one ; who shall meet at the state-house in Frankfort on the day of and in all things be governed by this constitution. " And the same being twice read, was ordered to be committed to a committes of the whole to day. The convention accordingly resolved itself into a committee of the whole, Mr. CARR in the Chair, And after some time spent therein, the president resumed the chair, and Mr. Carr reported progress. Ordered, That Mr. Smith have leave of absence from the service of this house until Monday, That Mr. Price until Tuesday next. And then the convention adjourned until to-morrow morning.

SATURDAY, August 10, 1799.

The convention 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 therein, the president resumed the chair, and Mr. Clay reported sundry resolutions and amendments, which he delivered in at the clerk's table, where they were twice read, some of them amended, and the whole then agreed to as follows : F

[ 20 ] I. Resloved, That all judges of courts and their clerks, justices of the peace, surveyors of lands, attorney general and other attornies for this commonwealth, and all commissioned militia officers shall severally be entitled to hold their offices during good behaviour and the continuance of their respective courts, under the exceptions contained in the constitution. II. Resloved, That 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, under the exceptions contained in this constitution. III. Resolved, That the returns of all elections of governor, lieutenant governor, and members of the general assembly, shall be made to the cecretary for the time being, within such time and in such manner as shall be directed by law. IV. Resloved, That it shall be the duty of the legislature to determine in what cases, and what deduction of salaries of public officers shall be made, for the neglect of duty in their official capacity. V. Contested elections for a governor and lieutenant governor, shall be determined by a committee, to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law. VI. That the justices of the quarter session courts shall be ineligible to a seat in either branch of the legislature, so long as any compensation may be allowed by law to said justices for their services. VII. This constitution shall take full effect on the first day of June in the year 1800. VIII. In order that no inconvenience may arise from the alteration made by this constitution, in the time of holding the general election, it is hereby ordained, that the first election for governor, lieutenant governor, and membersof the general affembly, shall be held and made on the first Monday in May in the year 1800. the persons then elected shall continue in office during their terms of service prescribed by this constitution, and until the next general election, which shall be held after the expirationof their respective terms The returns for the said first election of governor and lieutenant governor, shall be made to the secretary of state, in fifteen days form the day of election, who shall examine and count the same in the presence of at least two judges of the court of appeals, or district courts, and shall declare who are the persons duly elected. Art. 2nd, sect 8th ; add the following words : " But the legislature may authorize the county courts to appoint inspectors, collectors and their deputies, surveyors of the high ways, constables, jailors, and such other inferior officers whose jurisdiction in confined within the limits of a county. The attorney general and other attornies for the commonwealth who may receive a fixed annual salary from the public treasury, shall not be eligible to either house of the legislature. Mr. Thomas Clay moved that the 8th resolution should be stricked out, and that the amendment proposed by him on yesterday by way of schedule, and

[ 21 ] which was committed to a committee of the whole, should be inserted in lieu thereof. It passed in the negative. The Yeas and Nays being required by two members present were as follows : Yeas----Messrs. Abel, Bailey, Buckner, Bledsoe, T. Clay, Davidson, Grundy, and Thomas. Nays ---- Messrs. T. Allin,J. Allen, Breckinridge, Brown, Bell, Baker, Carr, G. Clay, Clark, Coleman, Duncan, Y. Ewing, Harrison, Huston, Hickman, Henry, Innes, Irivine, B. Logan, J. Logan, W. Logan, M'Dowell, Marshall, Minor, Owens, Prather, Rodgers, Stockton, Sanford, R. Taylor, Wilmott, and Wallace. Yeas 9. Nays 32. Ordered, That Mr. J. Forbes have leave of absence from the service of this house for the remainder of the session. The convention then adjourned until Monday evening four o'clock.

MONDAY, August 12, 1799.

The convention met according to adjournment. Mr. Green Clay from the committee appionted for that purpose, reported, that the committee had made some progress and prepared a part of the constitution, which he delivered in at the clerk's table, where the same was read as follows, viz :

The CONSTITUTION, or Form of Government for the State of Kentucky.

We the representatives of the people of the state of Kentucky, in convention assembled, to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, and of pursuing happiness, do ordain and establish This constitution for its government :

ARTICLE I.

Concerning the distribution of the powers of the government.

Section 1. The powers of the government of the state of Kentucky, shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legislative to one, those which are executive to another, and those which are judiciary to another. Sect. 2. No person or collection of persons, being of one of those departments, shall exercise and power properly belonging to either of the others ; except in the instances hereinafter expressly directed or permitted.

ARTICLE II.

Concerning the legislative department.

Sect. 1. The legislative power of this commonwealth shall be vested in two distinct branches, the one to be stiled the house of representatives, the other the

[ 22 ] senate, and both together, the general assembly of the commonwealth of Kentucky. Sect. 2. The members of the house of representatives shall continue in service for the term of one year, from the day of the commencement of the general election ; but no longer. Sect. 3. Representatives shall be chosen on the first Tuesday in the month of August in every year, but the several elections may be continued, by adjournments for three days, if in the opinion of the presiding officer or officers it should be necessary. Sect. 4. No person shall be a representative, who at the time being is not a citizen of the United States, and hath not attained to the age of twenty-four years, and resided in this state two years next preceding his election, and the last fix months thereof in the county or town for which he may be chosen. Sect. 5. Elections for representatives for the several counties entitled to representation, shall be held at the places of holding their respective courts, or in the several 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 qualified voters 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 such town shall contain a number of qualified voters equal to the ratio which may from time to time be fixed by law ; and thereafter elections for the county in which such town is situated, shall not be held therein. Sect. 6. The number of represnetatives shall, once in every four years, be ascertained and allotted as followeth : In every fourth year after this constitution shall take effect, an enumeration of all the free male inhabitants of the state, above twenty-one years of age, shall be made in such manner as shall be directed by law. The number of representative shall in the several years of making these enumerations, be so fixed, as not to be less than fifty-eight, nor more than one hundred ; and they shall be a apportioned for the period next following, as near as may be, among the several counties and towns, which may then be entitled to a separate representation in proportion to the free male inhabitants above the age of twenty-one years, in each of them, allotting one representative, at least, to each of the counties now existing. Sect. 7. No county, hereafter erected, shall have a reparate representation, until it be ascertained ny an enumeration directed by law to contain a number of free male inhabitants above the age of twenty-one years, equal to the ratio then established : but in the mean time, the qualified inhabitants thereof shall continue to have the right of suffrage, in the county or counties form which they were respectively taken, and shall be considered as part of the same, in fixing the representation therefor. Sect. 8. The house of representatives shall chuse its speaker and other officers. Sect. 9. In all elections for representatives, every free male citizen, who at the time being hath attained to the age of twenty-one years, and resided in the