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

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Journal of the Kentucky Constitutional Convention of 1799.

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[ 23 ] state two years, or the county or town in which he offers to vote one year next preceding the election, shall enjoy the right of an elector ; but no person shall be entitled to vote, except in the county or town in which he may actually reside at the time of the election, except as herein otherwise provided. Sect. 10. The members of the senate shall be chosen for the term of four years. Sect. 11. At the first session of the general assembly, after this constitution takes eddect, the senators shall be divided by lot, as equally as may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year ; of the second class, at the expiration of the second year ; of the third class, at the expiration of the third year ; and of the fourth class, at the expiration of the fourth year : so that one fourth shall be chosen every year, and a rotation thereby kept up for ever. Sect. 12. When this constitution first takes effect, there shall be twenty-four senators ; and for every three members above fifty-eight, which shall be added to the house of representatives, one member shall be added to the senate. Sect. 13. The same number of senatorial districts shall, from time to time be established by the legislature, as there may then be senators allotted to the states ; which shall be so formed, as to contain as near sa may be, an equal number in each, of free male inhabitants above the age of twenty-one years, and so that no county of town shall be divided, or form more than one district ; and where two or more counties compose a district, they shall be adjoining. Sect. 14. When an additional senator is added to the senator, he shall be allotted to one of the four classes, so as to keep them as nearly equal in number as possible. Sect. 15. One senator for each district shall be elected, by those qualified to vote for representatives therein ; who shall give their votes, a tthe several places, in the counties or towns, where elections are by law directed to be held. Sect. 16. No person shall be a senator, who at the time being is not a citizen of the United States, and who hath not attained to the age of thirty-five years, and resided in this state fix years next preceding his election, and the last year thereof in the district for which he may be chosen. Sect. 17. The first election for senators shall be general throughout the state, and on the same time that the general elections for representatives are held ; and thereafter, there shall, in like manner, be an annual election for senators to fill the places of those, whose time of service may have expired. Sect. 18. The general assembly shall convene on the first Monday in the month of November in every year, unless a different day be appointed by law ; and their sessions shall be held at the seat of government for the time being. Sect. 19. Not less than a majority of the members of each branch of the legislature shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby. Sect. 20. Each house of the general assembly shall judge of the qualificaG

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[ 24 ] tions, elections, and returns of its members ; but a contested election shall be determined by a committee, to be selected, formed and regulated in such manner as shall be directed by law. Sect. 21. Each house of the general assembly may determine the rules of its proceedings, punish a member for disorderly behaviour, and with the concurrence of two-thirds expel a member, but not a second time for the same cause. Sect. 22. Each house of the general assembly shall keep and publish weekly a journal of its proceedings, and the yeas and nays of the members on any queltion, shall at the desire of any two of them, be entered on their journal. Sect. 23. Neither house, during the sessions of the general assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sittings. Sect. 24. The members of the general assembly, shall severally receive from the public treasury, a compendation for their services, which shall be one dollar and a half a day, during their attendance on, going to, and returning from the sessions of their respective house : Provided, that the same may be increased or diminished by law ; but no alteration shall take effect during the session at which such alteration shall be made. Sect. 25. The members of the general assembly shall in all cases, except treason, felony, breach or surety of peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to, and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. Sect. 26. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of trust or profit under this commonwealth, which shall have been created, or the emoluments of which shall have been increased during the time such senator or representative was in office. Sect. 27. No person while he continues to exercise the functions of a clergyman, priest, or teacher of any religious persuasion, society, or sect ; nor whilft he holds or exercises any office of trust or prfsit under this commonwealth, shall be eligible to the general assembly ; except attornies at law, justices of the peace, coroners, and militia officers : Provided that justices of the courts of quarter sessions shall be ineligible, so long as any compensation may be allowed them for their services : Provided also, that attornies for the commonwealth, who do not receive a fixed annual salary from the public treasury, shall be eligible. Sect. 28. no person, who at any time hath been a collector of taxes for the state, or the assistant or deputy of such collector, shall be eligible to the general assembly until he shall have obtained a quietus for the amount of such collections, and for all public monies for which he may be responsible. Sect. 29. No bill shall have the force of a law, until on three several days it be wholly read over in each house of the legislature, and free discussion allowed thereon. Sect. 30. Allbills for raising revenue, shall originate in the house of representatives ; but the senate may propose amendments as in other bulls : Provided,

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[ 25 ] that they shall not introduce any new matter, under the colour of an amendment, which does not relate to raifing a revenue. Sect. 31. Every person shall be disqualified from serving as a senator or representative, for the term for which he shall have been elected, who shall be convicted fo having given or offered any bribe, or treat to procure his election. Sect. 32. The general assembly shall regulate by law, by whom, and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof.

ARTICLE III.

Concerning the Executive Department.

Sect. 1. The supreme executive power of this commonwealth shall be vested in a chief magistrate, who shall be siiled, the Governor of the Commonwealth of Kentucky. Sect. 2. The governor shall be elected for the term of four years by the citizens entitled to suffrage, at the time and places where they shall respectively vote for representatives. The person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the legislature may direct. Sect. 3. The governor shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected. Sect. 4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this state at least fix years next before his election. Sect. 5. He shall commence the execution of his office on the fourth Tuesday succeeding the day of the commencement of the general election on which he shall be chosen, and shall continue in the execution thereof until the end of four weeks next succeeding the election of his successor, and untill his successor shall have taken the oaths or affirmations prescribed by this constitution. Sect. 6. No member of congress, or person holding any office under the United States, or this state, nor minister of any religious society, shall be eligible to the office of governor. Sect. 7. The governor shall at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. Sect. 8. He shall be commander in chief of the army and navy of this commonwealth, and of the militia thereof, except when they shall be called into the service of the United States ; but he shall not command personally in the field, unless he shall be advised so to do by a resolution of the general assembly. Sect. 9. He shall nominate, and by and with the advice and consent of the senate, appoint all officers, whose offices are established by this constitution or shall be established by law, and whose appointments are not herein otherwise provided for : Provided, that no person shall be appointed to an office within any county, who shall not have been a citizen and inhabitant therein one yea next

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[ 26 ] before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county of counties from which it shall have been taken : Provided also, that the county courts may be authorized by law, to appoint inspectors, collectors and their deputies, surveyors of the hight ways, constables, jailors, and such other inferior officers, whose jurisdiction may be confined within the limits of a county. Sect. 10. The governor shall have power to fill up vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. Sect. 11. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment. In cases of treason he shall have power to grant reprieves until the end of the next session of the general assembly ; in which the power of pardoning shall be vested. Sect. 12. He may require information in writing from the officers in the executive departments upon any subject relating to the duties of their respective offices. Sect. 13. He shall from time to time give to the general assembly, information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient. Sect. 14. He may on extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that should have become, since their last adjournment, dangerous from an enemy, or from contagious diforders ; and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exxeeding four months. Sect. 15. He shall take care that the laws be faithfully executed. Sect. 16. A lieutenant governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor, and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor. Sect. 17. 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. Sect. 18. In case of the impeachment of the governor, removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant governor shall exersife all the power and authority appertaining to the office of governor until another be duly qualified, or the governor absent, or impeached, shall return, or be acquitted. Sect. 19. Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own members as speaker for that occasion. And if during the vacancy of the office of governor, the lieutenant governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the senate shall, in like manner administer the government.

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[ 27 ] Sect. 20. The lieutenant governor, while he acts as speaker to 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 governor, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his office. Sect. 21. The speaker of the senate during the time he administers the government, shall receive in like manner the same compensation which the governor would have received, had he been employed in the duties of his office. Sect. 22. If the lieutenant governor shall be called upon to administer the government, and shall while in such administration be impeached, removed from office, resign, die, or be absent from the state during the recess of the general assembly, it shall be the duty of the secretary for the time being, to convene the senate for the purpose of chusing a speaker. Sect. 23. An attorney general shall be appointed and commissioned during good behaviour, whose duty shall be regulated by law. Sect. 24. A secretary shall be appointed and commissioned during the governor's continuance in office, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor, and shall when required, lay the same and all papers, minutes and vouchers relative thereto, before either branch of the legislature ; and shall perform such other duties as shall be enjoined him by law. Sect. 25. Every bill which shall have passed both house, shall be presented to the governor ; if he approve he shall sign it, but if not, he shall return it with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journal and proceed to reconsider it ; if after such re-consideration a majority of all the members elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be re-considered, and if approved by a majority of all members elected to that house, it shall be a law : but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the person voting for, and against the bill, shall be entered on the journal of each house respectively. If and bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it ; unless the general assembly by their adjournment prevent its return ; in which case it shall be a law, unless sent back within three days after their next meeting. Sect. 26. Every order, resolution or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him ; or, being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. Sect. 27. 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. H

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