make sanguinary punishments less necessary, means ought to be them be confided to a separate body of magistracy, to wit: those provided for punishing by hard labor, those who shall be convicted which are legislative, to one; those which are executive, to and of crimes not capital, whereby the criminal shall be employed for ther; and those which are judiciary, to another. the benefit of the public, or for the reparation of injuries done to Sec. 2. No person, or collection of persons, being one of those private persons: And all persons at proper times, ought to be per-departments, shall exercise any power properly belonging to either of the others; except in the instances fiereinafter expressly direct mitted to see them at their labor. Sec. 38. The estates of such persons as may destroy their owned or permitted. lives, shall not for that offence, be forfeited, but descend or ascend in the same manner, as if such persons had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person, he henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. Sec. 39. Every person, of good character, who comes to settle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire hold, and transfer land, or other real estate; and, after one year's residence, shall be deemed a free denizen thereof, and entitled to all rights of a natural born subject of this state, except that he shall not be capable of being elected governor, lieutenant-gover nor, treasurer, counsellor, dr representative in assembly, until after two years residence. Sec. 40. The inhabitants of this state shall have liberty, in seasonable times, to hant and fowl on the lands they hold, and on other lands not enclosed; and in like manner to fish in all boatable and other waters, not private property, under proper regulations, to be hereafter made and provided by the general assembly. ARTICLE 11.-Concerning the Legislative Department. Sec. 1. The legislative power of this commonwealth shall be vested in two distinct branches; the one to be styled the house of representatives, the other the senate, and both together, the Gene ral Assembly of the Conimonwealth of Kentucky. Sec. 2. The members of the house of representatives shall continue in service for the term of one year from the day of the com mencement of the general election, and no longer. Sec. 3. Representatives shall be chosen on the first Monday in the month of August in every year; but the presiding officers of the several elections shall continue the same for three days, at the request of any one of the candidates. Sec. 4. No person shall be a representative, who at the time of his clection, is not a citizen of the United States, and hath not at tained to the age of twenty-four years, and resided in this state two years next preceding his election, and the last year thereof in the county or town for which he may be chosen. Sec. 5. Elections for representatives for the several counties enSec. 41. Laws for the encouragement of virtue and prevention titled to representation, shall be held at the places of bolding their of vice and immorality, ought to be constantly kept in force, and respective courts, or in the several election precincts into which duly executed: And a competent number of schools ought to be the legislature may think proper, from time to time, to divide any maintained in each town for the convenient instruction of youth: or all of those counties: Provided, That when it shall appear to And one or more grammar schools be incorporated and properly the legislature that any town hath a number of qualified voters supported in each county in this state. And all religions societies equal to the ratio then fixed, such town shall be invested with the or bodies of men, that may be hereafter united or incorporated privilege of a separate representation, which shall be retained so for the advancement of religion and learning, or for other pious long as such town shall contain a number of qualified voters equal and charitable purposes, shall be encouraged and protected in the to the ratio which may from time to time be fixed by law, and enjoyment of the privileges, immunities, and estates, which they thereafter elections, for the county in which sueb town is situated, in justice ought to enjoy, under such regulations as the general shall not be held therein. assembly of this state shall direct. Sec. 42. The declaration of the political rights and privileges of the inhabitants of this state is hereby declared to be a part of the constitution of this commonwealth; and ought not to be vio Iated; on any pretence whatsoever. Sec. 6. Representation shall be equal and uniform in this com monwealth; and shall be forever regulated and ascertained by the number of qualified electors therein. In the year eighteen hu drd and three, and every fourth year thereafter, an enumeration of all the free male inhabitants of the state, above twenty-one Sec. 43. In order that the freedom of this commonwealth may years of age, shail be made in such manner as shall be directed by be preserved inviolate for ver, there shall be chosen, by ballot, law. The number of representatives shall, in the several years of by the freemen of this state, on the last Wednesday in March, making these enumerations, be so fixed as not to be less than fity, in the year one thousand seven hundred and ninety-nine, and on eight, nor more than one hundred, and they shall be apportioned the last Wednesday in March in every seven years thereafter, thir- for the four years next following, as near as may be, among the se teen persons, who shall be chosen in the same manner the coun- veral counties and towns, in proportion to the number of qualified cil is chosen, except they shall not be out of the council or gene- electors: but, when a county may not have a sufficient number of ral assen.bly, to be called the council of censors; who shall met to qualified electors to entitle it to one representative, and when the gether on the first Wednesday in June next ensuing their election adjacent county or counties may not have a residuum or residuums, the majority of whom shall be a quorum in every case, except as which, when added to the small county would entitle it to a sepa to calling a convention, in which two-thirds of the whole number rate representation, it shall then be in the power of the legislature elected shall agree, and whose duty it shall be to enquire whether to join two or more together, for the purpose of sending a represen the constitution has been preserved inviolate in every part during tative. Provided, that when there are two or more counties ad the last septenary, including the year of their service, and whe-joining, which have residuums over and above the ratio then fixed ther the legislative and executive branches of government have by law, it said residuais when added together will amount to such performed their duty as guardians of the people, or assumed to ratio, in that case, one representative shall be added to that county themselves, or exercised other or greater powers than they are en-having the largest residutin. Sec. 8. In all elections for representatives, every free male citi zen (negroes, mulattoes, and Indians excepted) who, at the time being, hath attained to the age of twenty-one years, and resided in the 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 cour tion, except as is herein otherwise provided. Electors shall in all cases, except treason, felony, breach or surety of the peace, be pri vileged from arrest during their attendance at, going to, and re turning from elections. titled to by the constitution. They are also to enquire whether Sec. 7. The house of representatives shall choose its speaker and the public taxes have been justly laid and collected in all parts of other officers. this commonwealth-in what manner the public monies have been disposed of-and whether the laws have been duly exe eated. For these purposes they shall have power to send for persons, papers and records-they shall have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as shall appear to them to have been passed contrary to the principles of the constitution: ty or town in which he may actually reside at the time of the elec These powers they shall continue to have for and during the space of one year from the day of their election, and no longer. The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this constitution which may be defective--explaining such as may be thought not clearly expressed-and of adding such as are necessary for the preservation of the rights and happiness of the people; but the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. By order of Convention, July 9th, 1793. Attest, Constitution of Kentucky. The Constitution, or form of Government for the WE, the representatives of the people of the state of Kentucky, in convention assembled, to secure to all the citizens thereof the ajoyment of the right of life, liberty and property, and of pursuing happiness, do ordain and establish this constitution for its government. Sc. 9. The members of the senate shall be chosen for the term of four years; and when assembled shall have the power to choose its officers annually. Sec. 10. At the first session of the general assembly after this constitution takes effect, 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 perpetually. Sec. 11. The senate shall consist of twenty-four members 4: least, 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. Sec. 12. The same number of senatorial districts shall, from time to time, be established by the legislature, as there may then be sen tors allotted to the state; which shall be so formed as to contain, as near as may be, an equal number of free male inhabitants in each, above the age of twenty-one years, and so that no county shall be divided, or form more than one district; and where two or more counties compose a district, they shall be adjoining Ste. 13. When an additional senator may be added to the se nate, he shall be annexed by lot to one of the four classes, so 23 to keep them as nearly equal in number as possible. Sec. 14. One senator for each district shall be elected by those ARTICLE 1-Concerning the distribution of the Pow-qualified to vote for representatives therein, who shall give their ers of the Government. Sec. 1. The powers of the government of the state of Kentueky shall be divided into three distinct departments, and each of votes at the several places in the counties or towns, where elections are by law directed to be held. Sec. 15. No person shall be a senator, who, at the time of hi election, 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 six, ceeding the election of his successor, and until his successor shall years next preceding his election, and the last year thereof in the have taken the oaths or affirmations prescribed by this con district from which he may be chosen. stitution. Sec. 16. The first election for senators shall be general through- Sec. 6. No member of congress, or person holding any office out the state, and at the same time that the general election for under the United States, nor minister of any religious society, representatives is held; and thereafter, there sail, in like man-shall be eligible to the office of governor. ner, be an annual election for senators, to fill the places of those, S c. 7. The governor shall, at stated times. receive for his ser whose time of service may have expired. vices, a compensation, which shall neither be increased or dinin Sec. 17. The general assembly shell convene on th first Mon-ished,during the teran for which he shall have been elected. day in the month of November in every year, uudessa different day on, going to, and returning from the sessions of their resucitive houses: Provided, that the same may be mereased or diminished by law; but no alteration shall take effect during the session at which such alteration shall be made. Sec. 8. He shall be commander in clief 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 ad vised so to do, by a resolution of the general assembly. Sec. 24. The members of the general assembly shall, it all Sec. 9. He shall nominate, and by and with the advice and concases, except treason, felony, breach or surety of the peace, be sent of the senate, appoint all officers whose offices are establishprivileged from arrest, during their attendance at the sessions oned by this constitution, or shall be established by law, and whose their respective houses, and in going to, and returning from the appointments are not herein otherwise provided for: Provided, that same; and for any sech or debate, in either house, they shall no person shall be so appointed to an office within any county, not be questioned in any other place. who shall not have been a citizen and inhabitant therein, one year Sec. 25. No senator or representative shall, doring the term next before his appointment, if the county shall have been so for which he was elected, nor for one year thereafter, be appoint-long erected, but if it shall not have been so long erected, then, ed or elected to any civa office of profit under this commonweath, within the limits of the county or counties from which it shall which shall have been created, or the emoluments of which shall have been taken: Provided also, that the county courts be autho have been increased, during the time such senator or representa-rized by law to appoiut inspectors, collectors, and their deputies, tive was in office, except to such offices or appointments as may surveyors of the high-ways, constables, jailors, and such other inbe made or filled by the elections of the people. ferior officers, whose jurisdiction may be confined within the li mits of a county. Sec. 26. No person, while he continues to exercise the functions of a clergymam, priest, or teacher of any religious persuasion, Society or sect; nor whilst he holds or exercises any office of profit under this commonwealth, shall be eligible to the general assembly; except attornies at law, justices of the peace, 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 receive a fixed annual salary from the public trea sury, shall be ineligible. Sec. 27. No person, who at any time may have been a collector be appointed by law; and their sessions shall be held at the seat of government. Sec. 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 the next session. Sec. 11. He shall have power to remit fines and foricitures,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. Sec. 12. He may require information in writing from the officers in the executive department, upon any subject relating to the du ties of their respective offices. Sec. 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 deem expedient. Sec. 18. Not less than a majority of the members of each house of the general assembly shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be Sec. 14. He may on extraordinary occasions convene the gene authorised by law to compel the attendance of absent members, in ral assembly at the seat of government, or at a different place, if such manner, and under such penalties as may be prescribed thereby, that should have become, since their last adjournment, dangerous Sec. 19. Each house of the general assembly shall judge of the from an enemy,or from contagious disorders; and in case of disagreequalifications, elections, and returns of its members; but a con-ment between the two houses, with respect to the time of adjourn tested election shall be determined in such manner as shall be di- ment, adjourn them to such time as he shall think proper, not exrected by law. ceeding four months. Sec. 20. Each house of the general assembly may determine the rules of its proceedings; punish a member for disorderly behavi-cuted. or; and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. Sec. 15. He shall take care that the laws be faithfully exe Sec. 16. A lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the Sec. 21. Each house of the general assembly shall keep and pub- same time, and possess the same qualifications. In voting for go lish weekly, a journal of its proceedings; and the yeas and nays of vernor and lieutenant-governor,the electors shall distinguish whom the members on any question shall, at the desire of any two of they vote for as governor, and whom as lieutenant-governor. them, be entered on their journal. Sec. 17. He shall, by virtue of his office, be speaker of the Sec. 22. Neither house, during the session of the general assem-senate, have a right, when in committee of the whole, to debate bly, shall, without the consent of the other, adjourn for more than ani vote on all subjects; and when the senate are equally divided, three days, nor to any other place than that in which they may be to give the casting vote. sitting. See. 18. In case of the impeachment of the governor, his removal Sec. 23. The members of the general assembly shall severally from office, death, refusal to qualify, resignation,or absence from the receive from the public treasury, a compensation for their services, state, the lieutenant-governor shall exercise all the power and anwhich shall be one dollar and a half a day, during their attendance thority appertaining to the office of governor, until another be duof taxes for the state or the assistant or deputy of such collector, ly qualified, or the governor, absent or impeached, shall return or shall be eligible to the general assembly until he shall have obtain-be acquitted. ed a quietus for the amount of such collection, and for all public Sec. 19. Whenever the government shall be allministered by monies for which he may be responsible. the lieutenant-governor, or shall be able to attend as speaker Sec. 28. No bill shall have the force of a law, until on three of the senate, the senators shall elect one of their own memberg several days, it be read over in each house of the general assem- as speaker, for that occasion. And if, during the vacancy of the bly, and free discussion allowed thereon: unless in cases of urgen-office of governor, the lieutenant-governor shall be impeached, ey four-fifths of the house, where the bill shall be depending, may removed from office, refuse to qualify, resign, die, or be absent deem it expedient to dispense with this rule. from the state, the speaker of the senate shall, in like manner, administer the government. Sec. 29. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amendments, as in other bills: Provided, that they shall not introduce any new matter, under the colour of an amendment, which does not relate to raising a revenue. Sec. 30. The general assembly shall regulate by law, by whom, and in what manner, writs of election shall be issued to fill the va cancies which may happen in either branch thereof. ARTICLE II. Concerning the Executive Department. The supreme executive power of the commonwealth shall be vested in a chief magistrate, who shall be styled the governor of the commonwealth of Kentucky. Sec. 20. The lieutenant-governor, while he acts as speaker to the senate, shall receive for his services the sune 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 ad ministers 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. Sec. 21. The speaker pro tempore of the senate, during the time he administers the government, shall receive in like manner the samne compensation, which the governor would have received, had he been employed in the duties of his office. Sec. 22. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, reSec. 2. The governor shall be elected for the term of four years sign, die, or be absent from the state during the recess of the geneby the citizens entitled to suffrage, at the time and places where ral assembly, it shall be the duty of the secretary for the time be they shall respectively vote for representatives. The person having, to convene the senate for the purpose of choosing a speaker. ing the highest number of votes shall be governor: but if two or Sec. 23. An attorney-general and such other attornies for the more shall be equal and highest in votes, the election shall be de-commonwealth as may be necessary, shall be appointed, whose termined by lot, in such numer as the legislature may direct. duty shall be regulated by law. Attornies for the commonwealth Sec. 3. The governor shall be ineligible for the succeeding se for the several counties, shall be appointed by the respective courts ven years, after the expiration of the time for which he shall having jurisdiction therein. have been elected. Sec. 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 six years next preceding his election. Sec. 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 sue AP. VOL. III. Sec. 24. A secretary shall be appointed and commissioned dur ing the term for which the governor shall have been elected, if he shall so long behave hims If well. He shall keep a fair register, nud 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 house of the general assem bly, and shall perform such other duties as may be enjoined him by law. H Sec. 25. Every bill which shall have passed both houses shall appoint thereto: Provided, however, that if the county court shall be presented to the governor; if he approve, he shall sign it, but for twelve months omit to make such recommendation, after being if not, he shall return it with his objections, to the house in which requested by the governor to recommend proper persons, he shall it shall have originated, who shall enter the objections at large then nominate, and by and with the advice and consent of the upon the journal, and proceed to re-consider it; if, after such re-senate, appoint a fit person to fill such office. consideration, a najority of all the members elected to that Sec, 9. When a new county shall be erected, a competent numhouse shall agree to pass the bill, it shall be sent, with the ber of justices of the peace, a sheriff and coroner therefor, shall be objections, to the other house, by which it shall be likewise consi-recommended to the governor by a majority of all the menibes of dered, and if approved by a majority of all the members elected the house of representatives from the senatorial district or districts to that house, it shall be a law; but in such cases the votes of both in which the county is situated; and if either of the persons thus hous's shall be determined by yeas and nays, and the names of the recommended shall be reted by the governor or the senate, 200persons voting for and against the bill shall be entered on the jour-ther person shall immediat ly be recommended as aforesaid. nals of each house respectively; if any 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 assen bly by their adjournment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. Sec. 10. Each court shall appoint its own clerk, who shall hold his office during good behavior; but no person shall he appointed clerk, only pro tenor, who shall not produce to the court appointing him a certificate from a majority of the judges of the court of appeals, that he had been examined by their clerk in their presene, and under their direction, and that they judge him to be well qualified to execute the office of clerk of any court of the same dignity, with that for which he offers himself. They shall be removable for breach of good behavior by the court of appeals only, who shall be judges of the fact as wil as of the law. Twothirds of the metafers present must concur in the sentence. Sec. 11. All commissions shall be in the name, and by the autho rity of the state of Kentucky, and scaled with the state seal, and Sec. 12. The state treasurer and printer or printers for the com monwealth, shall appointed annually by the joint vote of both houses of the general assembly: Provided, that during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices. Sec. 25. Every order, resolution or vote, to which the concur rene of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it still take effect, be approve by him; or, being disapproved, shon be le tassed, by a mitenty of all the ambers elected to both hovy, according to the ribs and Junitations prescribed in case Sec. 97. Cup sted-le tions for a governor ad lieutenant-cover-signed by the governor. nor, shall be determined a committee to be selected from both houses of the general assembly, and formed and regulated in such manreras shall be directed by few. Sec. 28. The freemen of this commonwealth (Negroes, Mulattoes and Indians excepted) shall be armed and disciplined for its defence. Those who conscintiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal servies. Soc. 29. The commanding officers of the respective regiments shall appoint the regimental staff; brigadier generals, their bri gade majors, major generals, their aids; and captains, the non-commissioned offlers of companies. Sec. 30. A majority of the feld officers and captains in each regiment, shall nominate the commission d officers in each company, who shall be commissioned by the governor; Provided that no nomination shailbe 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 officer present, who may be highest in eommission, shall decide the nomination. ARTICLE V-Concerning Impeachments. Sec. 1. The house of representatives shall have the sole power of impeaching. Sec. 2. All impeachments shall be tried by the senate; when sitting for that purpose, the senators shall be upon oath or affirma tion: No person shall be convicted without the concurrence of two-thirds of the members present. Sec. 3. The governor and all civil officers shall be liable to im peachment for any misdemeanor in office; but judgment in such casts, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this commonwealth; but the party convicted shall nevertheless be lia ble and subject to indictuent, trial, and punishment according to law. ARTICLE VI.-General Provisions. Sec. 31. Sheriffs shall be hereafter appointed in the following manner:-When the time of a sh riff for any county may be about to expire, the courty court for the same, a najority of all its jus tices being present, shall in the months of September, Oc ober, or Sec. 1. Members of the general assembly and all officers, exe November next preceding ther to, recommend to the governor cutive and judicial, before they enter upon the execution of their two proper persons to fill the office, who are then justices of the respective offices, shall take the following oath or a nation: "I county court; and who shall in such recommendation pay a just do solemnly swear (or affirm as the case may be) that I will be regard to seniority in office and a regular rotation. One of the faithful and true to the commonwealth of Kentucky, so long as I persons se recomiended shall be commissioned by the governor, continue a citizen thereof, and that 1 will faithfully execute to the and shall hold his office for two years, it be so long beliave well, best of my abilities, the office of according to law." and mutil a successor be duly atd. If the county courts shall omit in the months afer said to make such recommendation, the governor shop' da 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. Sec. 1. The judiciary power of this commonwealth both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of appeals, and in such inferior courts as the general assembly may, from time to time erect and establish. Sec. 2. The court of appeals, except in cases otherwise directed by this 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. See. 2. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its nemies, giving them aid and comfort. No person shall be convicted of trasou, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. Sec. 3. Every person shall be disqualified from serving as a go vernor, lieutenant-governor, senator, or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, to procure his elec tion, Sec. 4. Laws shall be made to exclude from office and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all due influence the reon from power, bribery, tumult, or other improper practices. Sec. 3. The judges, both of the supreme and inferior courts Sec. 5. No money shall be drawn from the treasury, but in pur shall hold their offices during good behavior; but for any reasona-suance of appropriations made by law, nor shall any appropriable cause which shall not be sufficient ground of impeachment, tions of money, for the support of an army be made for a longer the governor shall remove any of them on the address of two time than one year; and a regular statement and account of the thirds of each house of the general arsembly: Provided, however, receipts and expenditures of all public money, shall be published that the cause or causes for which such removal may be required, annually. shal! 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 c. opensation, to be fixed by law. Sec. 4. The judges shall, by virtue of their office, be conservators of the pace, throughout the state. The style of all process shall be, "The commonwealth of Kentucky." All prosecutions shall be carried on in the name, and by the authority of the commonwealth of Kentucky, and conclude, against the peace and dig nity of the same. Sec. 5. There shall be established in each county, now or which may hereafter be erected, within this commonwealth, a county court. Sec. 6. The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the common wealth. Sec. 7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God. Sec. 8. All laws, which on the first day of June, one thousand seven hundred and ninety-two, were in force in the state of Virgi ia, and which are of a general nature, and no local to that state, and not repugnant to this constitution, nor to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general assembly. Sec. 6. A competent number of justices of the peace shall be appointed in each county; they shall be commissioned during good behavior, but may be removed on conviction of misbehavior in of See. 9. The compact with the state of Virginia, subject to such fice, or of any infamous crime, or on the address of two-thirds of alterations as may be made therein agreeably to the mode prescrib each house of the general assembly: Provided, however, that the fed by the said compact, shall be considered as part of this consticause or canses for which such removal may be required, shall be tution. stated at length in such address and on the journal of each house. Sec. 10. It shall be the duty of the general assembly, to pass Sec. 7. The number of the justices of the peae, to which the such laws as may be necessary and proper to decide differences several countios in this commonwealth now established, or which by arbitrators, to be appointed by the parties who may choose that may hereafter be established, ought to be entitled, shall trom time summary mode of adjustment. to time be regulated by law. Sec. 11. All civil officers for the commonwealth at large, shall Sec. 8. When a surveyor, coroner, or justice of the peace, shall reside within the state, and all district, county, or town officers, be needed in any county, the county court for the same, a majority within their respective districts, counties, or towns (trustees of of all its justices concurring therein, shall recommend to the go-towns excepted) and shall keep their respective offers at steh vernor two proper persons to fill the office, one of whom he shall places therein, as may be required by law: and all militia officers Sec. 13. 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. Sec. 14. It shall be the duty of the general assembly to regulate by law, in what cases, and what deduction from the salaries of pub Lie officers shall be made, for neglect of duty in their official ca pacity. Sec. 15. Returns of all elections for governor, lieutenant governor, and members of the general assembly, shall be made to the secretary for the time being. See. 16. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall be personally and publicly given, viva você. Sec. 17. No member of congress nor person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the general assembly of this commonwealth, or hold or exercise any office of trust or profit under the same. ARTICLE VII.-Concerning Slaves. Sec. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness: for the advancement of these ends, they have at all times an unalienable and indefeisible right to alter, reform, or abolish their government in such manner as they may think proper. Sec. 3. That all men have a natural and indefeisible right to worship Almighty God according to the dictates of their own consciences; that no man shall be compelled to attend, erect, or sup port any place of worship, or to maintain any ministry against his consent: that no human authority ought, in any case what ever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law, to any religious societies or modes of worship. Sec. 4 That the civil rights, privileges, or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion. Sec. 5. That all elections shall be free and equal. Sec. 6. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate. Sec. 7. That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. The tree communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being respon sible for the abuse of that liberty. cases. Sec. 8. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, Sec. 18. The general assembly shall direct by law how persons, or where the matter published is proper for public information, who now are, or may hereafter become, securities for public of the truth thereof may be given in evilence. And in all indieteers, may be relieved or discharged on account of such security-ments for libels, the jury shall have a right to determine the law ship. and the facts, under the direction of the court, as in other Sec. 1. The general assembly shall have no power to pass laws for Sec. 9. That the people shall be secure in their persons, houses, the emancipation of slaves without the consent of their owners, or papers, and possessions from unreasonable seizures and searches; without paying their owners previous to such emancipation, a full and that no warrant to search any place or to seize any person equivalent in money,for the slaves so emancipated. They shall have or things, shall issue without describing them as nearly as may be, no power to prevent emigrants to this state from bringing with them nor without probable cause supported by oath or affirm ition. such persons as are deemed slaves by the laws of any one of the U. Sec. 10. That in all eri ainal prosecutions, the accused hath a States, so long as any person of the same age or description shall be right to be heard by himself and counsel; to demand the nature continued in slavery by the laws of this state. They shall pass laws to and cause of the accusation against him, to meet the witnesses permit the owners of slaves to emancipate them, saving the rights his favor; and in pros.cutions by indictment or information, a face to face, to have conmulsory process for obtaining witnesses in of creditors, and preventing them from becoming a charge to any speedy public trial by an impartial jury of the vicinage; that he county in this commonwealth. They shall have full power to prevent slaves being brought into this state as merchandise. They cannot be compelled to give evidence against himself, nor can he shall have full power to prevent any slaves being brought into this be deprived of his life, liberty or property, unless by the judgment state, who have been since the first day of January, one thousand of his peers, or the law of the land. seven hundred and eighty-nine, or may hereafter be imported into See. 11. That no person shall, for any indictable offence, be Sec. 12. No person shail, for the same offence, be twice put in Jeopardy of his life or limbs, nor shall any man's property be taken or applied to public use without the consent of his representa. tives, and without just compensation being previously made to him. any of the United States from a foreign country. And they shall proceeded against criminally by information, except in cases arishave full power to pass suen laws as inay be necessary, to obligeing in the land or naval fores, or the ailitia when in actual serthe owners of slaves to treat them with humanity, to provide for vice, in time of war or public danger, by leave of the court, for them necessary cloathing and provision, to abstain on all injuries oppression or misdemeanor in office. to them extending to life or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of their owner or owners. Sec. 2. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law: execpt that the general assemSec. 13. That all courts shall be open, and every person for any bly shall have no power to deprive them of the privilege of an im-injury done him in his lauds, goods, person or reputation, shall partial trial by a petit jury. have remedy by the due course of law; and right and justice administered without sale, denial or delay. ARTICLE VIII. Sec. 14. That no power of suspending laws shall be exercised, The seat of government shall continue in the town of Frank-mless by the legislature or its authority. fort, until it shall be removed by law: Provided, however, that twothirds of all the members elected to each house of the general as sembly, shall concur in the passage of such law. Sec. 15. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Sec. 18. That all prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident or pre sumption great; and the privilege of the writ of habeas corpus shall not be suspended,uuless when in cases of rebellion or invasion the public safety may require it. Sea 17. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison ter deli vering up his estate for the benefit of his creditors, in such manher as shall be prescribed by law. Sec. 18. That no ex post facto law, nor any law impairing contracts, shall be made. commonwealth. ARTICLE IX.-Made of Revising the Constitution. When experience shall point out the necessity of amending this constitution, and when a majority of all the members elected to each house of the general assembly, shall within the first twenty days of their stated annual session, concur in passing a law for tak ing the sense of the good people of this commonwealth as to the necessity and expediency of cailing a convention, it shall be the duty of the several sheriffs, and 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 a return to the Sec. 19. That no person shall be attainted of treason or felony secretary, for the time being, of the names of all those entitled to by the legislature. vote for representatives who have voted for calling a convention: Sec. 20. That no attainder shall work corruption of blood, nor and if thereupon it shall appear that a majority of all the citizens except during the life of the offender, forfeiture of estate to the of this state entitled to vote for representatives, have voted for a convention, the general assembly shall direct that a similar poll Sec. 21. That the estates of such persons as shall destroy their shall be opened, and taken for the next year; and if thereupon it own lives, shall descend or vest as in case of natural death; and if shall appear, that a majority of all the citizens of this state entitled any person shall be killed by casualty, there shal! be uo forfeiture to vote for representatives, have voted for a convention, the gene by reason thereof. ral assembly shall at their next session call a convention, to consist Sec. 22. That the citizens have a right in a peaceable manner of as many members as there shall be in the house of representa to assemble together for their common good, and to apply to those tives, and no more; to be chosen in the same manner and propor invested with the powers of government for dress of grier. tion, at the same places, and at the same time, that representatives ances, or other proper purposes, by petition, address, 'or remon are, by citizens entitled to vote for representatives; and to meet within three months after the said election, for the purpose of rea lopting, amending or changing this constitution. But if it shall appear by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for representatives, did not vote for convention, a convention shall not be called, ARTICLE X. strance. Sec. 23. That the right of the citizens to bear arms in defence of themselves and the state, shall not be questioned. Sec. 21. That no standing army shall in time of peace, be kept up without the consent of the legislature, and the military shall in all cases, and at all times, be in strict subordination to the civil power. That the general, great, and essential principles of liberty and free Sec. 25. That no soldier shall, in time of peace, be quartered in government, may be recognized and established, we declare, any house without the consent of the owner, nor in time of war, Sec. 1. That all free men, when they form a social compact, but in a manner to be prescribed by law. are equal; and that no man or set of men, are entitled to exclu- Sec. 26. That the legislature shall not grant any title of nobility sive, separate, public emoluments or privileges, from the commu- or hereditary distinction, nor create any office, the appointment nify, but in consideration of public services, to which shall be for a longer term than during good behavior. از Sec. 27. That emigration from the state shall not be pro-1 bibited. Sec. 28. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this ar ticle is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this constitution, shall be void. SCHEDULE. Constitution of Tennessee. The Constitution of the state of Tennessee, unanimously established in Convention, at Knoxville, on the sixth day of February, one thousand seven hundred and ninety-six. We, the people of the territory of the United States, south of the river Ohio, having the right of admission into the general goThat no inconvenience may arise from the alterations and vernment, as a member state thereof, consistent with the constitu amendments made in the constitution of this commonwealth, and tion of the United States, and the act of session of the state of in order to carry the same into complete operation, it is hereby North Carolina recognizing the ordinance for the government of declared and ordained: the territory of the United States north-west of the river Ohio, do Sec. 1. That all laws of this commonwealth in force at the time ordain and establish the following constitution or form of governof making the said alterations and ame: dments, and not inconsis-ment: and do mutually agree with each other to form ourselves tent therewith, and all rights, actions, prosecutions, claims and into a free and independent state, by the name of the state of contracts, as well of individuals as of bodies corporate, shall con- Tennessee. tinue, as if the said alterations and amendments had not been made. Sec. 2. That all officers now filling any office or appointment, shall continue in the exercise of the duties of their respective offices or appointments for the terms therein expressed unless by this constitution it is otherwise directed. Sec. 3. The oaths of office herein directed to be taken, may be administered by any justice of the peace, until the legislature shall otherwise direct. ARTICLE I. in a general assembly, which shall consist of a senate and house Section I. The legislative authority of this state shall be vested of representatives, both dependent on the people. II. Within three years after the first meeting of the general asneration of the taxable inhabitants shall be made in such a mansembly, and within every subsequent term of seven years, an enuner as shall be directed by law; the number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, apportioned among the several counties, accordbe less than twenty-two, nor greater than twenty-six, until the number of taxable inhabitants shall be forty thousand; and after that event, at such ratio that the whole number of representatives shall never exceed forty. Sec. 4. The general assembly, to be held in November next, shall apportion the representatives and senators, and lay off the stateing to the number of taxable inhabitants in each; and shall never into senatorial districts conformable to the regulations prescribed by this constitution. In fixing those apportionments, and in esta blishing those districts, they shall take for their guide the enume ration directed by law to be made in the present year, by the commissioners of the tax, and the apportionments thus made, shall remain unaltered until the end of the stated annual sessions of the -general assembly in the year eighteen hundred and three. III. The number of senators shall, at the several periods of making the enumeration beforementioned, be fixed by the legisla ture, and apportioned among the districts, formed as hereinafter directed, according to the number of taxable inhabitants in each. and shall never be less than one-third, nor more than one-half of the number of representatives. Sec. 5. In order that no inconvenience may arise, from the change made by this constitution, in the time of holding the gene ral election, it is hereby ordained that the first election for gover nor, lieutenant-governor, and members of the general assembly, IV. The senators shall be chosen by districts, to be formed by shall commence on the first Monday in May, in the year eighteen the legislature, each district containing such a number of tass hundred. The persons then elected shall continue in office dure inhabitants, as shall be entitled to elect not more than three ing the several terms of service prescribed by this constitution, senators. When a district shall be composed of two or for coll and until the next general election, which shall be held after ties, they shall be adjoining, and no courty shall be divided in their said terms shall have respectively expired. The returns for forming a district. the said first election of governor and lieutenant-governor, shall V. The first election for senators and representatives, shall be made to the secretary, within fifteen days from the day of commence on the second Thursd of March next, and shall election, who shall, as soon as may be, examine and count the continue for that, and the succeeding day; and the next election same in the presence of at least two judges of the court of ap-shall commence on the first Thursday of August, one thousand se peals, or district courts, and shall declare who are the persons ven hundred and ninety-seven, and shall continue on that and the thereby duly elected, and give them official notice of their elec succeeding day; and forever thereafter, elections shall he held tion: and if any persons shall be equal and highest on the poll, once in two years, commencing on the first Thursday in August, the said judges and secretary shall determine the election by and terminating the succeeding day. lot. See. 6. This constitution, except so much thereof as is therein otherwise directed, shall not be in force, until the first day of June, the year eighteen hundred; on which day the whole thereof aball take full and complete effect. Done in convention at Frankfort, the seventeenth day of Au- the last Monday of March next. VII. That no person shall be eligible to a seat in the general assembly unless he shall have resided three years in the stat, and one year in the county immediately preceding the election, aud Member from Jefferson. shall possess in his own right in the county which he represents, not less than two hundred acres of land, and shall have attamed to the age of twenty-one years. Mason. Philemon Thomas, Brackin. Philip Buckner. Campbell. Thomas Sandford. John Rowan, Benjamin Logan, Scott. Woodford. Cal Walkie, Washington. VIII. The senate and house of representatives, when assem bled, shall each chose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments from day to day. Two-thirds of each house shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorised by law, to compel the attendance of absent members. IX. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the con currence of two thirds, expel a member, but not a second time for the same offence, and shall have all other powers necessary for the legislature of a free state. X. Senators and reptesentatives, shall in all cases, except trea son, telony, or breach of the peace, be privileged from arrest during the session of the general assembly 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. XI. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disre spect to the house, by any disorderly or contemptuous behaviour in their presence." XII. When vacancies happen in either house, the governor for the time being, shall issue writs of election to fill such vacancies. XIII. Neither house shall, during their session, adjourn without the consent of the other for more than three days, nor to any other place than that in which the two houses shall he sitting. may XIV. Bills may originate in either house, but be amended, altered, or rejected by the other. XV. Every bill shall be read three times, on three different days, in each house, and be signed by the respective speakers beore it becomes a law, XVI. After a hill has been rejected, no bill containing the same substance, shall be passed into a law during the same session. XVII. The style of the laws of this state shall be, Be it enacted by the general assembly of the state of Tennessee, XVIII. Each house shall keep a journal of its proceedings, and publish them except such parts as the welfare of the state may .1 |