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

[ 28 ] Sect. 28. The freemen of this commonwealth shall be armed and disciplined for its defence. Thofe who confeiencioufly scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service. Sect. 29. The commanding officers of regiments shall appoint the regimental staff, brigadiers their brigade majors, major generals their airs, and captains their non-commissioned officers. Sect. 30. A majority of the field officers and captains in each regiment, shall nominate the commissioned officers in each company, who shall be commissioned by the governor : Provided, that no nomination shall be made, unless two at least of the field officers are present ; and when two or more persons have an equal and the highest number of votes, the field office who may be present and highest in commission, shall decide the nomination. Sect. 31. Sheriffs shall be hereafter appointed in the following manner : When the time of a sheriff for any county, now or hereafter organized, may be 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 to the governor two proper persons to fill the office, who are then justices of the peace, and not justices of the court of quarter sessions ; and who shall in such recommendation pay a just regard to seniority in office and a regular rotation. One of the persons so recommended shall be commissioned by the governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified. If the county court shall omit in the months aforesaid to make such recommendation, the governor shall then nominate, and by and with the advice and consent of the senate, appoint a fit person to fill such office.

ARTICLE IV.

Concerning the Judicial Department.

Sect. 1. The judicial power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be stilled the Court of Appeals, and in such inferior courts as the general assembly may from time to time erect and establish. Sect. 2. The court of appeals, except in cases otherwise directed by the constitution, shall have appellate jurisdiction only ; which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law. Sect. 3. The judges both of the supreme and inferior courts shall hold their offices during good behaviour ; but for any reasonable cause, which shall not be sufficient ground of impeachment, the governor shall remove any of them on the address of two-thirds of each branch of the legislature : Provided however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall at stated times receive for their services an adequate compensation, to be fixed by law.