The Filson Historical Society Digital Projects

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

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[29] Sect. 4. The judges shall by virtue of their office, be conservators of the peace throughout the state. The stile 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 dignity of the same.

Sect. 5. There shall be established in each county now, or which may hereafter be erected, within this commonwealth, a county court.

Sect. 6. A competent number of justices of the peace shall be appointed in each county; they shall be commissioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of each branch of the legislature.

Sect. 7. The number of the justices of the peace, to which the several counties in this commonwealth now established, or which may hereafter be established, ought to be entitled, shall from time to time be regulated by law.

Sect.8. When an additional justice of the peach shall be needed in any county, the county court for the same, a majority of all its justices concurring therein, shall recommend to the governor two proper persons to fill the office, one of whom and no other, he shall nominate and appoint thereto: Provided however, that if the county court shall for twelve months omit to make such recommendation, after being requested by the governor to recommend proper persons, he shall then nominate, and by and with the advice and consent of the Senate, appoint a fit person to fill such office.

Sect. 9. 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 or 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.

Sect. 10. Each court shall appoint its own clerk, who shall hold his office during good behaviour; but no person shall be appointed clerk only pro tempore, who shall not produce to the court appointing him, a certificate from a majority of the judges of the court of appeals, that he hath been examined by their clerk in their presence, and under their direction, and that they judge him to be well qualified to execute the office of clerk to any court of the same dignity, with that for which he offers himself. They shall be removeable for breach of good behaviour by the court of appeals only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence.

Sect. 11. All commissions shall be in the name and by the authority of the state of Kentucky, and sealed with the state seal, and signed by the governor.

Sect. 12. The state treasurer and printer or printers for the commonwealth, shall be appointed annually, by the joint vote of both houses of the legislature.
[30] ARTICLE V. Concerning Impeachments.

Sect. 1. The house of representatives shall have the sole power of im peaching.

Sect. 2. All impeachments shall be tried by the senate: when fitting for that purpose, the seantors shall bbe upon oath or affirmation: No person shall be con victed without the concurrence of two-thirds of the members present.

Sect. 3. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend fur ther than to removal from office, and disqualification to hold any office of honour, trust, or profit under this commonwealth; but the party convicted shall never theless be liable and subject to indictment, trial, and punishment according to law.

ARTICLE VI. General Provisions.

Sect. 1. Members of the general assembly, and all officers, executive and judicial, before they enter upon the execution of their respective offices shall take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will be faithful and true to the commenwalth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of [blank} according to law."

Sect. 2. Treason against the commonwealth, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. Nor person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.

Sect. 3. Laws shall be made to exclude from office and from suffrage, those' who shall hereafter 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 undue influence thereon from power, bribery, tumult, or other improper practices.

Sect. 4. No money shall be drawn from the treasury, but in consequence of appropriations made by law, nor shall any appropriations of money for thesup port of an army be made for a longer time than one year; and a regular statement and account of the receipts and expenditures of all public money, shall be pub lished annually.

Sect. 5. The legislature shall direct by law in what manner, and in what courts suits may be brought against the commonwealth. Sect. 6. 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 legislature the most solemn appeal to God.

Sect. 7. All laws which on the first day of June, one thousand seven hundred and ninety-two, were in force in the state of Virginia, and which are of a general nature, and not local to that state, and not repugnant to this constitution, nor with
[31] 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 legislature.

Sect. 8. The compact with the state of Virginia, subject to such alterations as may be made therein agreeably to the mode prescribed by the said compact, shall be considered as a part of this constitution.

Sect. 9. 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.

Sect. 10. All civil officers for the commonwealth at large shall reside within the state, and all district, county, or town officers within their respective districts, counties, or towns; and at such places therein, as may be required by law: and all militia officers shall reside in the bounds of the division, brigade, regiment, bat talion, or company to which they may severally belong.

Sect. 11. Judges of courts, and their clerks, justices of athe peace, surveyors of lands, attorney general, and other attornies for this commonwealth, and all com missioned militia officers, shall hold their respective offices during good behaviour, and the continuance of their respective courts, under the exceptions contained in this constitution.

Sect. 12. 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.

Sect. 13. It shall be the duty of the legislature to determine in what cases, and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.

Sect. 14. Returns of all elections for governor, lieutenant governor, and members of the general assembly, shall be made to the secretary for the time being.

Sect. 15. 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 voce.

Sect. 16. 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 commwealth, or hold or exercise any office of trust or profit under the same.

Sect. 17. All clerks and surveyors within this commonwealth, shall on or before the first day of January eighteen hundred severally enter into new bond and security in their respective courts, and on failure to do so their offices shall be considered as vacant. The legislature shall direct by law, how persons, who may hereafter become securities for such officers, may be remedied or discharged on acount of such securityships.

ARTICLE VII. Concerning Slaves

Sect. 1. The legislature shall have no power to pass laws for the emancipa tion of slaves without the consent of their owners, or without paying their owners I
[32] previous to fuch emancipation, a full equivalent in money, for the flaves fo emancipated. They fhall have no power to prevent emigrans to this ftate from bringing with them fuch perfons as are deemed flaves by the laws of any one of the United States, fo long as any perfon of the fame age or defeription fhall be continued in flavery by the laws of this ftate. That they fhall pafs laws to permit the owners of flaves to emancipate them, faving the rights of creditors, and preventing them from becoming a charge to the county in which they refide. They fhall have full power to prevent flaves being brought into this ftate as merchandize. They fhall have full power to prevent any flaves being brought into this ftate from a foreign country, and to prevent thofe from being brought into this ftate, who have been fince the firft day of January one thoufand feven hundred and eighty-nine, or may hereafter be imported into any of the United States from a foreign country. And they fhall have full power to pafs fuch laws as may be neceffery, to oblige the owners of flaves to treat them with humanity, to provide for them neceffery cloathing and provifion, to abftain for all injuries to them extending to life or limb, and in cafe of their neglect, or refufal to comply with the directions of fuch laws, to have fuch flave or flaves fold for the benefit of their owner or ownvers.

Sect. 2. In the profecution of flaves for felony, no inqueft by a grand jury fhall be neceffery ; but the proceedings in fuch profecutions fhall be regulated by law ; except that the legiflature fhall have no power to deprive them of the privilege of an impartial trial by a petit jury.

Article VIII.

The feat of government fhall continue in the town of Frankfort, until it fhall be removed by law ; Provided however, that two-thirds of all the members elected to each branch of the legiflature fhall concur in tge paffage of fuch law.

Article IX Mode of Revifing the Conftitution. When experience fhall point out the neceffity of amending this conftitution, and when a majority of all the members elected to each branch of the legiflature, fhall within the firft fifteen days of their ftated annual feffion, concur in paffing a law for taking the fenfe of the good people of this commonwealth as to the neceffity and expediency of calling a convention, it fhall be the duty of the feveral fheriffs and other returning officers at the next general election which fhall be held for reprefentatives after the paffage of fuch law, to open a poll for, and make return to the fecretary for the time being, of the manes of all thofe entitled to vote for reprefentatives who have voted for calling a convention : and if thereupon it fhall appear that a majority of all the citizens of this ftate entitled to vote for reprefentatives, have voted for a convention, the general affembly fhall direct that a fimilar poll fhall be opened and taken for the next year ; and if thereupon
[33] it shall also appear, that a majority of all the citizens of this ftate 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 asorefaid, that a majority of all the 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 sense of the good people of this commonwelth as to the necessity for calling a convention, shall be eligible as a member of such convention

ARTICLE X

That the general, great and essential principles of liberty and free government may be recognized and eftablished: WE DECLARE,

Sect. 1. That all free men, when they form a social compact are equal ; and that no man or set of men are entitled to exclisive, separate, public emoluments or privilages from the community, but in consideration of public services.

Sect. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, saftey, and happiness. For the advancement of these ends, they have at all times an unalienable and indeseasible right to alter, reform, or abolish their government, in such manner as they think proper.

Sect. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own confeiences; that no man shall of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent : that no human authority ought, in any cafe whatever, to controul 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.

Sect. 4. That the civil rights, privileges, or capacities of any citizen, shall in no wife be deminifhed or enlarged on account of his religion.

Sect. 5. That all elections shall be free and equal.

Sect. 6. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate.

Sect. 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 reftrain the right therof. The free communication of thoughts and opinion is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being resonsible for the abuse of that liberty.
[34] Sect. 8. In profecitions for the publication of papers inveftigating the official conduct of officers or men in public capacity, or where the matter publifhed is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury fhall have a right to determine the law and the facts, under the direction of the court, as in other cafes. Sect. 9. That the people fhall be fecure in their perfons, houfes, papers, and poffeffions for unrefonable feizures and fearches ; and that no warrant to ferch any place, or to feize any perfon or things, fhall iffue without defcribing them as nearly as may be, nor without probable caufe fupported by oath or affirmation. Sect. 10. That in all criminal profections, the accufed hath a right to be heard by himfelf and counfel; to demand the nature and caufe of the accufation againft him, to meet the witnesses face to face, to have compulfory procefs for obtaining witneffes in his favour : and in profecutions by indictment or information, a fpeedy public trial by an impartial jury of the vicinage ; that he cannot be compelled to give evidence againft himfelf, nor can he be deprived of his life, liberty, or property ; unlefs by the judgment of his peers, or the law of the land. Sect. 11. That no perfon fhall for any indictable offence be procceded againft criminally by information, except in cafes arifing in the land or naval forces, or in the militia when in actual fervice, in time of war or public danger, or by leave of the court for oppreffion or mifdemeanor in office. Sect. 12. No perfon fhall for the fame offence be twice put in jeopardy of his life or limb, nor fhall any man's property be taken and appiled to public ufe without the confent of his reprefentatives, and without juft compenfation being previoufly made to him. Sect. 13. That all courts fhall be open, and every perfon for an ijury done him in his lands, goods, perfon, or reputation, fhall have remedy by the due courfe of law, and right and juftice adminifered without fale, denial, or delay. Sect. 14. That no power of fufpending laws fhall be exercifed, unlefs by the legiflature or its authority. Sect. 15. That exceffive bail fhall not be required, nor excessive fines impofed, nor cruel punifhments inflicted. Sect. 16. That all prifoners fhall be bailable by fufficient fecurities, unlefs for capital offences, when the proof is evident or prefumption great ; and the privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in cafes of rebellion or invafion the public faftey may require it. Sect. 17. That the perfon of a debtor, where there is not ftrong prefumption of fraud, fhall not be continued in prifon after delivering up his eflate for the benefit of his creditores, in fuch manner as shall be prefcribed by law. Sect. 18. That no expoft facto law, nor any law impairing contracts shall be made. Sect. 19. That no perfon shall be attainted of treafon or felony by the legiflature. Sect. 20. That no attainder shall work corruption of blood, nor, ecept during the life of the offender forfeiture of efate to the commonwealth. Sect. 21. That efates of fuch perfons as shall deftroy their own lives, shall
[35] descend or vest as in cafe of natural death, and if any perfon shall be killed by cafualty, there shall be no forfeiture by reafon thereof. Sect. 22. That the citizens have a right in a peaceable manner to affemble together for their common good, and to apply to thofe invefted with the powers of government for redrefs of grievances, or other proper purpofes, by petition, addrefs, or remonftrance. Sect. 23. That the rights of the citizens to bear arms in defence of themfelves and the ftate, shall not be queftioned. Sect. 24. That no ftanding army shall in time of peace be kept up without the confent of the legiflature, and the military shall in all cafes and at all times be in ftrict fubordination to the civil power. Sect. 25. That no foldier shall in time of peace be quartered in any houfe without the confent of the owner, nor in time of war, but in a manner to be preferibed by law. Sect. 26. That the legiflature shall not grant any title of nobility or hereditary diftinction, nor create any office the appointment to which shall be for a longer term than during good behaviour. Sect. 27. That emigration from the ftate shall not be prohibited. Sect. 28. To guard againft tranfgreffions of the high powers wehich we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate ; and that all laws contrary thereto, or contrary to this conftition shall be void.

SCHEDLE.

That no inconvenience may arife from the alterations and amendments made in the conftitution of this commonwealth, and in order to carry the fame into complete operation, it is hereby declared and ordained : Sect. 1. That all laws of this commonwealth in force at the time of making the faid alterations and amendments, and not inconfiftent therewith, and all rights. actions, profecutions, claims, and contracts, as well of undividuals as of bodies corporate, fhall continue as if the faid alterations and amendments had not been made. Sect. 2. That all officers now filling any office or appointment, fhall continue in the exercife of the duties of their refpective offices or appoinments for the terms therein expreffed ; unlefs by this conftitution it is otherwife directed. Sect. 3. The oaths of office herein directed to be taken by law to be made in the prefent year by commiffioners of the tax, fhall the reprefentation be fixed for the firft four years, by the general affembly which is to convene in November next. Sect. 5. In order that no inconvenience may arife from the change made by this conftitution, in tthe time of holding the general election, it is hereby ordained, K
[36] that the firft election for governor, lieutenant governor, and members of the general affembly, fhall be held on the firft Monday in May in the year eighteen hundred. The perfons then elected fhall continue in office during their refpective terms of fervice prefcribed by this conftitution, and until the next general election, which fhall be held after their faid terms fhall have refpectively expired. The returns for the faid firft election of governor and lieutenant governor, fhall be made to the fecretary, within fifteen days from the day of election, who fhall examine and count the fame in the prefence of at leaft two judges of the court of appeals, or diftrict courts, and shall declare who are the perfons thereby duly elected ; and if any perfons fhall be equal and heigheft on the poll, the election fhall be determined by lot. Sect. 6. This conftitution, except fo much thereof as is therein otherwife directed, fhall not be in force until the firft day of June in the year eighteen hundred ; on which day the whole thereof fhall take full and complete effect.

The convention then proceeded to confider the same, fection by fection. The firft article being read by fections was concurred in. The 1ft, 2nd, 5th, 8th and 10th fections of the 2nd article being read, were agreed to. The following amendments were the propofed and agrred to : Article II, sect. 3rd, line 6th, ftrike out the words "the prefiding officer or officers," and infert in lieu thereof the words "one or more of the candidates." Line 2nd, ftrike out the word "Tuefday" and infert "Monday." Sect. 4th, line 2nd, ftrike out the word "being," and infert in lieu thereof, the words "of his election." Line 7th, ftrike out the words "fix months," and infert in lieu thereof, the word "year." Sect. 6th, line 14th, ftrike out the word "period," and infert in lieu thereof the words "four years." The 6th fection was then ordered to lie for confideration. Sect. 7th, line 3d, ftrike out the word "afcertained," and infert in lieu thereof, the word "found." Line 8th, ftrike out the word "inhabitants," and infert in lieu thereof, the word "electors." Sect. 9th, line 2nd, after the word "citizen" infert the words "negroes, mulattoes, and Indians excepted." The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. Adair, J. Allen, Breckinridge, Bofwell, Bell, Carr, G. Clay, Clark, Coleman, Duncan, Griffith, Harrifon, Hufton, Henry, B. Logan, J. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Steele, Sandford, Sudduth, Thomas, Thrufton, Wilmott and Wallance. Nays - Meffers. T. Allin, Abell, Bailey, Brown, Buckner, Bledfoe, Baker, Brunner, T. Clay, Cafey, Davidfon, Y. Ewing, R. Ewing, Grundy, Hickman, Innes, Irvine, Rodgers, Stockton, Smith, S. Taylore and R. Taylor. Yeas 30. Nays 22.
[37] The following amendments was then propofed and agreed to be added to the end of the 9th fection, viz : "Electors fhall in all cafes except treafon, felony, breach or furety of the peace, be privileged from arreft during their attendance at, going to, and returning from elections." Sect. 11th, line the laft, ftrike out the word "forever" and infert the word "perpetually." Sect. 12th, ftrike it out, and infert in lieu thereof the words following, viz : "The fenate fhall confift of twenty-four members at leaft, and for every three members above fifty-eight, which fhall be added to the houfe of reprefentatives, one member fhall be added to the fenate." Sect. 13th, line 8th, ftrike out the words "or town." Sect. 14th, line 2nd, ftrike out the word "is," and infert the words "may be." Lines 2nd and 3d, ftriek out the word "allotted," and infert the words "annexed by lot." And then the convention adjorned till to-morrow morning nine o'clock.

TUESDAY, August 13, 1799.

The convention met according to adjurnment, and refumed the confideration of the conftitution. Article II, sections 15, 17, 18, 19, 21, 22, 23, 24, 25, 30, and 32 on being feverally twice read were agreed to. Sect. 16th, line 2nd, ftrike out the word "being," and infert the words "of his election." Sect 20th, lines 5 and 6, ftrike out the words "by a committee, to be felected, formed and regulated." Sect. 26th, add to it the words " exceot fueb officers as fhall be elected immediately by the people." Line 5th, ftrike out the words "truft or." Sect. 27th. It was moved and feconded, to ftrike out from the word "while" in the firft line to the end of the fourth line. It pafled in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. Adair, Beiley, Brown, Buckner, Bledfoe, Baker, Brunner, T. Clay, R. Ewing, Griffith, Minor, Stockton, Smith, Thomas, and S. Taylow. Nays - Meffrs. T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Bell, G. Clay, Carr, Clark, Coleman, Cafey, Davidfon, Duncan, Y. Ewing, Grundy, Harrifon, Hufton, Hickman, Henry, Innes, Irvine, Johnfon, B. Logan, W. Logan, M'dowell, Marfhall, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, Thrufton, Wilmott, and Wallace. Yeas 15. Nays 37. A motion was then made and feconded, to ftrike out the words "attornies at law" in the 8th line. It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs, Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T.
[38] Clay, Davidfon, Hickman, Irvine, Johnfon, Payne, Stockton, Smith, Thomas, S. Taylor and Wilmott. Nays - Meffrs. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Buckner, Carr, Clark, Coleman, Cafey, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hufton, Henry, Innes, B. Logan, W. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, R. Taylor, Thrufton, and Wallance. Yeas. 18. Nays 36. It was then moved and feconded, to ftrike out the words "don not" and add before the laft word, in the fyllable "in." It paffed in the affirmative. A motion was then made and feconded, to infert after the word "treafury" the words "or any allowance from any quarter feffion or county court." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Davidfon, R. Ewing, Hickman, Irvine, Johnfon, Payne, Stockton, Smith, Thomas, and S. Taylor. Nays - Meffrs. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Buckner, Carr, Clark, Coleman, Cafey, Duncan, Y. Ewing, Grundy, Griffith, Harrifon, Hufton, Henry, Innes, B. Logan, W. Logan, M'Dowell, Marfhall, Minor, Owens, Prather, Price, Rowan, Rodgers, Steele, Sandford, Sudduth, R. Taylor, Thrufton, and Wallance. Yeas 18. Nays 35. Sect. 27th, line 10th, ftrike out the word "alfo." Lines 5 and 6, ftrike out the words "truft or." Sect. 28th, line 2nd, ftrike out the word "hath," and infert the words "may have." Sect. 29th, line 3d, ftrike out the word "wholly." Add to the end of the fection the words "unlefs four-fifths of the houfe where the bill fhall be depending, may deem it expedient to difpenfe with this rule." Sect. 31ft. Infert between the letter "a" and the word "fenator" the words "governor, lieutenant governor." The convention then proceeded to reconcider the 10th fection of the 2nd article, when it was agreed to amend the fame by adding thereto, the words "and the fenate when affembled fhall have power to chufe its officers annually." Ordered, That the 6th fection of the 2nd article be committed to a committee of the whole convention to-day. The convention then refolved itfelf into a commitee of the whole, to take into confideration the faid fection. Mr. T. CLAY in the Chair, And after fome time fpent therein, the prefident refumed the chair, and Mr. Clay reported progrefs, and afked for leave to fit again to-morrow ; which was granted. The convention then adjourned till four o'clock. At four o'clock the convention again met, and refumed the confideration of the conftitution.
[39] Art. III. fections 1, 2, 3, 4,5 ,7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 23, 25, 26, 27, 28, and 29, being feverally read, were agreed to. Sect. 6th, line 3d, ftrike out the words "or of this ftate." Sect 9th, line 17th, ftrike out the word "may" and infert the word "fhall." Sect 18th, line 2nd, after the word "governor, infert the word "his." Sect 22nd, lines 4 and 5, ftrike out the words "be impeached, removed from office." Sect. 24th, line 3d, ftrike out the words "the governor's continuance in office," and ifert the words "term for which the governor fhall have been elected." A motion was made and feconded, to ftrike out the 20th fection, and infert in lieu thereof, the fourth fection of the fixth article of the prefent exifting conftitution. It paffed in the negative. The yeas and the nays being required by two members prefent, were as follows : Yeas - Meffrs. Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Clark, Davidfon, Duncan, Grundy, Griffith, Hickman, Marfhall, Owens, Rowan, Rodgers, Stockton, Sudduth, Thomas, S. Taylor, R. Taylore and Wilmott. Nays - Meffrs. Adair, T. Allin, J. Allen, Breckinridge, Carr, G. Clay, T. Clay, Coleman, Cafey, Y. Ewing, R. Ewing, Hirrifon, Hufton, Henry, Innes, Irvine, Johnfon, B. Logan, W. Logan, M'Dowell, Miror, Payne, Prather, Price, Steele, Smith, Sandford, Thrufton and Wallance. Yeas 25. Nays 30. The 30th fection was then agreed to. A motion was then made and feconded, to ftrike out the 31ft fection, and infert in lieu thereof the firft fection of the 6th article of the prefent exifting conftitution. It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. Adair, Abell, Bofwell, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Cafey, Grundy, Hufton, Innes, W. Logan, Minor, Prather, Rowan, Rodgers, Stockton, Smith, Thomas, S. Taylor and R, Taylor. Nays - Meffrs. T . Allin, J. Allen, Breckinridge, Bailey, Carr, G. Clay, T. Clay, Clark, Coleman, Davidfon, Duncan, Y. Ewing, Griffith, Harrifon, Hickman, Henry, Irvine, Johnfon, B. Logan, M'Dowell, Marfhall, Owens, Payne, Price, Steele, Sandford, Sudduth, Thrufton, Wilmott and Wallace. Yeas 23. Nays 32. The convention then adjorned until to-morrow morning eight o'clock.

WEDNESDAY, August 14, 1799.

The convention met, and refoloved itfelf into a committee of the whole, to take into confideration the 6th fection of the 2nd article, L
[40] Mr. CARR in the Chair, And after fome time fpent therein, the prefident refumed the chair, and Mr. Carr reported, that the committee had taken into confideration the 6th fection of the 2nd article and had gone through the fame, and made feveral amendments thereto, which he delivered in at the clerk's table, where they were read ; when it was moved and feconded, to ftrike out the three firft lines of the faid 6th fection, and to infert in lieu thereof the words "reprefentation fhall be equal and uniform in this commonwealth, and fhall be forever regulated and afcertained by the number of qualified electors therein." It was paffed in the affirmative. A motion was then made and feconded, to ftrike out the word "towns" the balance of the fection, and to infert in lieu thereof the words "in proportion to the number of qualified elevtors : but when a county may not have a fufficient number of qualified electors to entitle it to one reprefentative, and when the adjacent county or counties may not have a fraction or fractions which when added to the fmall couty would entitle it to a feperate reprefentation, it fhall then be in the power of the legiflature to join two or more together for the purpofe of fending a reprefentative." A motion was then made and feconded to amend the amendment aforefaid, to ftrike it out and alfo fo much of the 6th fection from the word "following" in the 15th line, and to infert the words "throughout the whole ftate." It was paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffr. Bailey, T. Clay, Clark, Davidfon, and Irvine. Nays - Meffr. Adair, T. Allin, J. Allen, Abel, Breckinridge, Bofwell, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, Carr, G. Clay, Coleman, Cafey, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hufton, Hickman, Henry, Innes, Johnfon B. Logan, J. Logan, W. Logan, M'dowell, Marfhall, Minor, Ownes, Prather, Price, Rowan, Rodgers, Stockton, Steele, Smith, Sudduth, Sandford, Thomas, S. Taylor, Thrufton, Wilmott, and Wallace. Yeas 5. Nays 49. The amendment firft propofed, and the amendments reported by the committee were then concurred in. The 7th fection of the 2nd article was the ftriken out. A motion was then made and feconded, to add to the end of the 16th fection of the 2nd article the following words " And fhall be liable and actually pay for real or perfonal eftate in his own right, an annual tax equal to the tax on 500 acres of firft rate land for the fupport of government." It paffed in the negative. The yeas and nays being r4equired by two members prefent, were as follows : Yeas - Meffrs. J. Allen, Carr, Colemen, Henry, Johnfon, Marfhall, Price, Smith, Sandford, Thomas, and Thrufton. Nays - Meffrs. Adair, T. Allin, Abell, Breckinridge, Bofwell, Brown, Buck-
[41] ner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Cafey, Davidfon, Duncan, Y. Ewing, Grundy, Griffith, Harrifon, Hufton, Hickman, Innes, Irvine, B. Logan, J. Logan, W. Logan, M'Dowell, Minor, Owens, Prather, Rowan, Rodgers, Stockton, Steele, Sudduth, S. Taylor, R. Taylor, Wilmott, and Wallace. Yeas. 11. Nays 41. Ordered, That the clerk proceed to have engroffed, fo much of the conftitution as is agreed to. The convention then refumed the confideration of the 31ft fection of the 3d article. Line 3d, after the word "county" ftrike out the words "now or hereafter organized." Line the 11th, ftrike out from the word "office" to the word "and," in the 13th line, and infert in lieu thereof, the words "who are then juftices of the county court." Ordered, That Felix Grundy and William Logan, be entered with the minority on the queftion refpecting the courts. The convention then adjourned till four o'clock. At four o'clock the convention again met, and refumed the confideration of the conftitution. Article 4th, fections 1, 2, 4, 5, 6 and 7, being feverally read, were concurred in. A motion was then made and feconded, to amend the 3d fection at the end of the 12th line, to infert the following words: "And the verity of the facts on which the addrefs is founded fhall have been previously afcertained by the verdict of a competent jury." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows: Yeas - Meffrs. J. Allen, Breckinridge, Hufton, Innes, M'Dowell, Owens, Price, Smith and Wallace. Nays - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Coleman, Cafey, Davidfon, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Harrifon, Hickman, Henry, Irvine, Johnfon, B. Logan, J. Logan, W. Logan, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Steele, Sandfond, Sudduth, S. Taylor, R. Taylor, Thrufton, and Wilmott. Yeas 9. Nays 42. A motion was then made and feconded, to amend the 3d fection, by adding to the end thereof the following words : " but which however fhall not be diminifhed during their continuance in office, below the fum to which fuch compenfation amounted at the time of their appointment." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - Meffrs. T. Allin, J. Allen, Breckinridge, Buckner, Coleman, Harrifon, Hufton, Innes, J. Logan, M'Dowell, Marfhall, Owens, Price, Steele, R. Taylor, Thrufton, and Wallace.
[ 42 ] Nays - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clark, Cafey, Davidfon, Duncan, Y. Ewing, R. Ewing, Grundy, Griffith, Hickman, Irvine, Johnfon, B. Logan, W. Logan, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Smith, Sandford, Sudduth, Thomas, S. Taylor and Wilmott. Yeas 17. Nays 36. A motion was then made and feconded, to amend the 3d fection, in line 12th, after the word "houfe" infert the following words: "Provided alfo, That no judge fhall be removed by this form of proceeding for an official act or judicial opinion." It paffed in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas - - - Meffra. T. Allin, J. Allen,Breckinridge, Harrifon, Hickman, Innes, M'Dowell, Price, Steel, Smith, Thrufton and Wallace. Nays - - - Meffrs. Adair, Abell, Bofwell, Bailey, Brown, Buckner, Bell, Bledfoe, Baker, Brunner, G. Clay, T. Clay, Clarke, Coleman, Cafey, Davidfon, Duncan, R. Ewing, Grundy, Griffith, Hufton, Henry, Irvine, Johnfon, B. Logan, J. Logan, W. Logan, Marfhall, Minor, Payne, Prather, Rowan, Rodgers, Stockton, Sandford, Sudduth, Thomas, R. Taylor, S. Taylor, and Wilmott. Yeas 12. Nays 40. Sect. 8th, line 1ft, after the word "when" infert the sowrds " a furveyor, a corner or" and ftrike out the words "an additional" and infert "a." Line 7th, ftrike out the words "and no other." Line 8th, ftrike out the words "nominate and." Sect. 9th, line 3d, after the word "peace" infert the words "a fheriff and coroner." A motion was then made and feconded, in infert between the 8th and 9th fection the following words : "The commiffions for the juftices of the peace for the county courts fhall expire on the 1ft day of March, 1801 ; and the reprefentattives or a majority of them, from each fenatorial diftrict at the annual feffion of the general affembly in the year 1800, fhall recommend to the governor a compentent number of perfons in each county within their diftrict for juftices of the peace, and if either of the perfons thus recommended fhall be rejected by the governor or fenate, another perfon fhall immediately be recommended as aforefaid ; and the juftices appointed by the governor and fenate fhall be commifioned accordingly, which commiffions fhall take effect the 2nd day of March, 1801." It paffed in the negative. The yeas and the nays being required by two members prefent, were as follows : Yeas - - - Meffrs. Abell, Bell, Bledfoe, Baker, Y. Ewing, R. Ewing, Grundy, Johnfon, W. Logan, Minor, Prather, Rowan, Rodgers, Stockton, Smith, Sandford and Thomas. Nays - - - Meffrs. Adair, T. Allin, J. Allen, Breckinridge, Bofwell, Bailey, Brown, Buckner, Brunner, Carr, G. Clay, T. Clay, Clark, Coleman, Cafey, Davidfon, Duncan, Griffith, Harrifon, Hufton, Hickman, Henry, Innes, Irvine,
[ 43 ] B. Logan, J. Logan, M'Dowell, Marthall, Payne, Price, Steel, Sudduth, S: Taylor, R. Taylor, Thrufton, Wilmott and Wallace. Teas 17. Nays 37. And then the convention adjourned until to-morrow morning eight o'clock.

THURSDAY, Auguft 15, 1799.

The convention met according to adjournment, and refuned the confideration of the conftitution. Art. 4th. Section 10 and 11 being feverally read, were agreed to. Add to the 12th fection the following words, viz : 'Provided, that the governor may fill any vacancy in either of the faid offices during the recefs of the general aflembly.' In the laft line, ftrike out the words 'botb boufes of ,' alfo the word ' legiflature, and infert in lieu thereof the words ' general affembly.' The 5th article having been read by fections was agreed to. Article 6th. Sections 1, 2, 3, 4, 5, 6, 8, 9 and 14, being feverally read, were concurred in. A motion was made and seconded, to amend the fect. 7th, line 4th, after the word 'Virginia, ' by inferting the words 'except the law concerning rents.' It pafled in the negative. The yeas and nays being required by two members prefent, were as follows : Yeas ----Mefirs. Adair, Abell, bailey, Brown, Buckner, Bell, Brunner, T. Clay, Davidfon, Y. Ewings, R. Ewing, Grundy, Irvine, Minor, Prather, Rowan, Rodgers, and S. Taylor. Nays-----Mefirs. T. Allin, Breckinridge, Bofwell, Bledfoe, Baker, Carr, G.Clay, Clark, Coleman, Cafey, Duncan, Griffith, Harrifon, Hickman, Henry, Innes, Johnfon, B. Logan, J. Logan, W. Logan, M'dowell, Marfhall, Payne, Price, Stockton, Steele, Smith, Sandford, Sudduth, Thomas, R. Taylor, Thrufton, Wilmott, and Wallace. Yeas 18. Nays 34. Ordered, That the 31 ft fection of the 2nd article be transpofed to the end of the 2nd fection of the 6th article. Sect. 10th, line 5th after the word 'towns' infert the words 'truffles of towns excepted.' After the word 'and' insert the words 'ball keep their respective offices.' Sect. 11th, line 1ft, strike out the words 'and their.' Line 3d, after the word " lands' infert 'the.' Line 4th, after the word 'commonwealth' infert the words 'who receive a fixed annual salary from the public treasury.' Sect. 12th. Add to the end thereof the words 'under the exceptions contained in this constitution.' Sect. 13th, line 2nd, strike out the words 'determine,' and infert the words 'regulate by law.' A motion was made and seconded, to add to the end of the 15th fection the following words : 'Provided however, that in all elections by the people, a majority of all the members elected to each branch of the general assembly, mah every M
JOURNAL OF THE CONVENTION, BEGUN and held at the Capitol in the town of Frankfort on Monday the twenty-second day of July, in the year of our Lord one thousand, seven hundred and ninety-nine :

On which day (being the day appointed by law for the meeting of the Convention) a quorum, confifting of two-thirds of the whole number of members being prefent, Ordered, That Thomas Todd be appointed Clerk of this Convention. The Honourable Alexander S. Bullitt was unanimoufly elected Prefident. Ordered, That Richard Taylor be appointed serjeant at arms, and Paschal Hickman, door keeper, to this convenetion ; and that give their attendance accordingly. Resolved, That the secretary of state be and he is hereby to lay before the convention the returns of election of members to ferve in the prefent convention Ordered, That a committee of privileges and elections be appointed of Meffrs, G. Clay, Johnson, Henry, B. Logan, Thrufton, Breckinridge, Innes, M'Dowell, R. Taylor, Thomas, Adair, and S. Taylor, who are to take into confederation the federal returns of election for members to ferve in this prefent convention, and fuch other matters as may be referes to them. The President laid before the convention, a letter from the secretary of fate, covering the returns of election for members to serve in this prefent convention, and the fame being read, was ordered to be referred to the committee of privileges and elections. Orderes, that Willis Lee be appointed clerk to the committee of privileges and elections. Ordered, That a committee be appointed to draught and report a set of rules for the government of the convention, and a committee was appointed of Meffrs. Thruston, J. Allen, Breckinridge and G. Clay. B
[ 4 ] Resolved, That the six seats on the left at the entrance of the room be appropriated to the use of the governor and such other officers of government, who have been usually admitted to attend the debates of the legislature. Mr. G. Clay from the committee of privileges and elections, reported, that the committee had taken into confideration the feveral returns of election for members to ferve in the prefent convention, and had come to a resolution thereupon, which he delivered in at the clerk's table, where it was twice read and agreed to as follows : Resolved, That Robert Wilmot, Nathaniel Rodgers, Charles Smith, William Griffith, John Allen, and James Duncan from Bourbon, Philip Buckner from Bracken, Henry Crist from Bullitt, Thomas Standford from Campbell, Young Ewing from Christian, Robert Clarke fenior, Richard Hickman, Wm. Sudduth from Clarke, John M'Dowell, Buckner Thruston, John Bell, John Breckinridge, Hezekiah Harrison, and Walter Carr from Fayette, Harry Innes, and John Logan from Franklin, George Stockdon from Fleming, William M. Bledsoe from Garrard, William Casey from Green, Patrick Brown from Hardin, William E. Boswell, and Henry Coleman from Harrison, Alexander S. Bullitt and Richard Taylor from Jefferson, John Price from Jeffamine, William Logan, Jonathan Forbes, Nathan Huston from Lincoln, John Bailey, and Reubin Ewing from Logan, Green Clay, Thomas Clay, and William Irvine from Madison, Philemon Thomas, Thomas Marshall, and Joshua Baker from Mason, John adair, Thomas Allin, Samuel Taylor, and Peter Brunner from Mercer, Jilson Payne from Montgomery, Robert Johnson and William Henry from Scott, Nicholas Minor, Richard Prather and John Rowan from Nelson, Benjamin Logan and Abraham Owens from Shelby, Alexander Davidson from Warren, Felix Grundy and Robert Able from Washington, and William Steele and Caleb Wallace from Woodford, were duly elected and returned as members to serve in the prefent convention. Mr. Thruston from the committee appointed for that purpose, reported a set of rules for the government of the convention ; 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, viz. 1. That any member conducting himself indecently towards the prefident or any of the members in the convention, or who shall transgrefs any of the following rules, shall be subject to such reproof from the chair as the convention may think proper to direct. 2. That every member when speaking shall stand up in his place, and address himself to the president ; and when he has closed his motion, observation, or argument, shall again take his seat ; nor shall any member speak more than twice, on the fame subject, unless by permission of the convention. 3. That the president shall have power to call to order, when he shall conceive it necessary, or shall be requested of to do by any member. 4. That when any member shall be speaking in addrefs to the prefident, no member shall pafs between the perfon speaking and the chair ; nor otherwife interrupt him unlees by requesting the prefident to call to-order, which any mem-
[ 5 ] ber may do when he shall think necessary ; nor shall any member name another in debate. 5. That all motions, if required by the prefident, or any member, shall be reduced to writing before any question be put thereon; and the member who makes a motion, may withdraw it, before decidion is given by the convention. 6. That no motion shall be received which is not seconded ; but when a motion is this brought regularly before the convention, the debate, and decision theron, shall not be interrupted by the admission of any other motion, except it be for the previous question, orfor amending or committing the original motion on subject in debate, nor shall any new proposition or motion be admitted by way of amendment or substitute for luch original motion while the fame is depending. 7. That the previous question ( which shall always be " shall the main question now be put") or a motion for the postponement or commitment of the subject, shall preclude all amendments or further debate on the main question or original subject, until such motion is decided. 8. That the president shall appoint committees, liable to addition or amendment, at the option of the convention or the motion of any member. 9. That in taking the fence of this convention, a majority of the votes of the members prevent ( exclusive of the president) shall give the casting vote. 10. The members shall avoid all unnecessary private conversation in the convention, and shall particularly forbear personal reflections, in the cource of argument or debate. 11. The fence of the convention shall be taken by the members saying " aye" or "no," and by standing up or going forth, if occafion requires ; and the "aye;" and " noes" shall be taken when required by any twon members, and entered on the journal. 12. That all questions of order be submitted to the prefident for decision, who may take the fence of the convention thereon if he thinks proper. 13. That no member stand up in the house, except when speaking. 14. That if any member fails to attend his duty, the serjeant at arms, by order of the house, shall take him into custody, for which he is to receive fix shillings per day for the time he is travelling to and from the place of residence of the member, and until he is admitted to his feat, to be paid by the delinquent. 15. No report, proposition, or revolution shall be debated ; nor shall a vote be taken theron until the fame shall have been twice read by the clerk. 16. That it be a standing rule, that the convention shall at least once in every day resolve itself into a committee of the whole, and when in committee shall be governed by the foregoing regulations, and such others as may hereafter be adopted by the house of far as relates to order, except that in committee of the whole, any member may speak as often as he may think proper. 17. That a motion to adjourn shall always be in order ; and no difcuffion shall take place theron. Resolved, That the percent constitution of government for the common-
[ 6 ] wealth and state of Kentucky, ought to be revised and amended by this convention. Resolved, That it will be the most advantageous method of proceedings in this business, first to consider the several functions of the constitution, separately, in the order they stand, or to many of them together as cannot conveniently be confidered apart, and to determine by way of resolves, what parts of the constitution ought to be retained, and what alterations herein, or additions thereto, ought to be admitted ; and then to appoint a committee, to drought and report the plan of a constitution, conformable to the resolves thus agreed on, which shall be subject to the revision and correction of the conventions. And then the convention adjourned until to-morrow morning ten o'clock.

TUESDAY, July 23, 1799.

The convention met according to adjournment. The convention according to the standing order of the day resolved itself into a committee of the whole, to take into consideration the constitution, Mr. INNES in the Chair, And after some time spent therin, the president refused the chair, and Mr. Innes reported, that the committee had made some progress in the constitution, but not having time to go through the fame, had directed him to move for leave to fit again to day, which was granted. The convention then adjourned till four o'clock. At four o'clock the convention met. The convention again resolved itself into a committee of the whole, to take into further consideration the constitution, Mr. INNES in the Chair, And after some time spent there in, the president refused the chair, and Mr. Innes reported further progress, and asked for leave to fit again to-morrow, which was granted. Ordered, That nine o'clock be the standing hour of adjournment. And then the convention adjourned accordingly.

WENDESDAY, July 24, 1799.

The convention met according to adjournment, 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 there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again to day ; which was granted. 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 further consideration of constitution,
[ 7 ] Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again to-morrow ; which was granted. And then the convention adjourned until to-morrow morning 9 o'clock.

THURSDAY, July 25, 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 there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again ; which was granted. The convention then adjourned till three o'clock. At three o'clock the convention met, and again 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 there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again to-morrow ; which was granted. And then the committee adjourned until to-morrow 9 o'clock.

FRIDAY, July 26, 1799.

The convention met according to adjournment, and resolved into a committee of the whole, to take into further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again ; which was granted. Resolved, That the committee of the whole report to the convention after each fitting, what progress they have made specially, and that the fame be entered regularly and a[art from the journal, for the perusal of the members. Resolved, That the proceedings of this convention in committee of the whole, be daily printed for the ufe of the members. 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 further consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported futher progress, and asked for leave to fit again to-morrow ; which was granted. And the convention adjourned until to-morrow morning nine o'clock. C
[ 8 ] SATURDAY, July 27, 1799.

The convention met according to adjournment, 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 there in, the president refused the chair, and Mr. Clay reported further progress, and asked for leave to fit again on Monday next ; which was granted. The convention then adjourned until Monday morning ten o'clock.

MONDAY, July 29, 1799.

The convention met according to adjournment, 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 there in, the president refused the chair, and Mr. Clay reported foundry resolutions, which were ordered to lie on the table. The convention then adjourned till four o'clock. At four o'clock the convention again 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 there in, the president refused the chair, and Mr. Clay reported foundry resolutions, which were ordered to lie on the table. The convention then adjourned till nine o'clock to-morrow morning.

TUESDAY, July 30, 1799.

The convention met according to adjournment. Ordered, That the resolutions reported and laid on the table yesterday be recommitted to a committee of the whole. The convention then 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 there in, the president refused the chair, and Mr Clay reported foundry resolutions ; which were ordered to lie on the table. The convention then adjourned till four o'clock. At four o'clock the convention met, and again resolved itself into a committe of the whole, to take into further consideration the constitution. Mr. T. CLAY in the Chair, And after some time spent there in, the president refused the chair, and Mr. Clay reported further progress. Ordered, That a committee be appointed to prepare and report a constitution, of Messrs. G. Clay, Wallace, Thruxton, Adair, Innes, Breckinridge, Rowan, Grundy, S. Taylor, Bledsoe, B. Logan, and J. Allen.
[ 9 ] Ordered, That the resolutions and amendments which have been made and agreed to, be referred as instructions to the fair committee. And then the convention adjourned until to-morrow morning nine o'clock.

WEDNESDAY, July 31, 1799.

The convention met according to adjournment, and proceeded to confider the resolutions and amendments reported from the committee of the whole, which lay on the table, and having made some progress there in, adjourned till four o'clock. At four o'clock the convention again met, and refined the consideration of the fair resolutions and amendments, and some of them being amended,were agreed to as follows : Resolved, that the fourth fection be amended by striking out the word "May" and inferting " August." Resolved, That representation ought to be by numbers. Resolved, That the senate shall consist of twenty-four members. Resolved, That the senate shall be elected directly by the people. Resolved, That the senate shall be elected for four years. Resolved, That twenty-four senatorial districts ought to be, by the house of representatives at the next fellion of the general assembly, formed according to numbers, as near as may be, in such a manner that no one county shall be divided, or form more than one entire district ; and where two or more counties shall form a district they shall be adjoining. Resolved, That on the first meeting of the senate after the first election, they shall be divided by lot into four clafles, and fix members in each class, and numbered 1, 2, 3, 4 ; the feats of the members of the first class shall be vacated at the expiration of the first year ; the second class the second year ; the third class the third year ; and the fourth class the fourth year : so that the fourth part of the senate shall be chosen annually. and that when any member or members shall thereafter be added to the senate, that such additional member or members shall by lot be thrown into some one class ; so that there shall be as equal a number in each class as may be. Resolved, That the house of representatives shall as often as may be necessary, arrange this state into as many diffricts as there are senators ; and that for every three representations added to the house of representatives there shall be one member added to the senate. Resolved, That a senator shall be thirty-five years of age, a citizen of the United States, hath refined in this state fix years, and the last year thereof in the district for which he shall be chosen. Resolved, That from the 8th to the 15th functions, inclusive of the first article, be stricken out of the present constitution. Resolved, That the general assembly shall meet on the first Monday in November in every year, unless a different day be appointed by law ; or sooner convened by the governor.
[ 10 ] Art. 1, sect. 20, strike out the words " except such parts of them as may require secrecy. " Sect. 21. The doors of each house and of committees of the whole, shall during each section be kept open. Resolved, That so much of the present constitution and respects the elections to chute a governor and senate, shall be stricken out. Art. 1, sect. 23, lines 10 and 11, strike out the words " existence of the legislature," and insert in lieu thereof the word "session." Add to the 24th section "nor shall any person who at any time hath been a collector of the taxes for this state, nor the alliftant or deputy of such collector, be eligible to either house of the legislature, until he shall have obtained a quietus for the amount of luch collection. The general assembly shall have power to regulate by law, the manner of issuing writs of election to fill up vacancies, which may happen in either branch of the legislature. No bill shall have the force of law, until on three days it be wholly read over in each house of the legislature, and free discussion allowed thereon. Add to the end of the 26th section " but no new matter shall be introduced under the colour of amendment, but what relates to raising a revenue." Sect. 27, strike out from the beginning thereof to the word "every" in the 6th line. Line 8, strike out the words " or sheriff." Last line, strike out the words " or canvassed," Resolved, That elections for representatives for the federal counties entitled to representation, shall be held at the places of holding their respective courts, or in the federal 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 free male inhabitants above 21 years of age, 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 the town continues to be entitled thereto, by a like comparative number of its inhabitants ; and thereafter elections for the county in which such town is situated, shall not be held therein. Resolved, That the number of representatives shall, once in every period of four years, be ascertained and allotted as followeth : Every four year after the constitution shall take effect, an enumeration of all the free male inhabitants of the state, above 21 years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, in the federal years of making these enumerations, be so fixed as not to be less than 58, nor more than 100 ; and they shall be proportion for the period next following as near as may be, among the federal counties and towns, which may then be entitled to a separate representation, in proportion to the number of free male inhabitants above the age of 21 years, in each of them, and allotting one representative at least to each of the counties now existing. Resolved, That agreeable to the enumeration directed by law to be made in
[ 11 ] the present year, by the commissioners of the tax, shall the representation for the first period of four years be fixed as aforesaid, by the next legislature, Resolved, That no county hereafter erected, shall have a separate representation, until it be found by an enumeration as aforesaid to contain a number of free male inhabitants above, the age of 21 years, equal to the ratio then established : but in the mean time, the qualified inhabitants thereof, shall continue to have the righ of suffrage in the county or counties from which they were respectively taken, and be counted with the fame in apportioning the ratio. Resolved, That the governor shall be elected by the people qualified to vote for the senate and house of representatives ; and the person having the highest number of votes shall be governor for the term of four years ; and if there shall be an equal number of votes the election shall be determined by lot ; and he shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected. Art. II, sect. 4, line 1, after the word "thirty" insert the word " five." Line 2, after the word " citizen" insert the words " of the United States." Line 3, strike out the word "two" and insert the word " six." Sect. 5, after the word "state" in the fifth line, insert the words " nor any minister of any religious society." Sect. 6, agreed to. Sect. 7, add, but he shall not personally command in the field unless he shall be so advised by a resolution of the senate and house of representatives. Sections 8, 9, 10, 11, 12, 13, & 14, agreed to. Resolved, That a lieutenant governor shall at every election for a governor, be chosen in the same manner as the governor, continue in office for the fame time, and possess that same qualifications. 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. That in cafe of impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant governor shall exercise all the power and authority appertaining to the office of governor, until. another be chosen ; or the governor absent or impeached, shall return or be acquitted. That whenever the governor shall be a administered by the lieutenant governor, or he shall be unable to attend as speaker of the senate, the senators shall have power to elect one of their own members as speaker for that occasion. And if during such vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the speaker of the senate shall in like manner as the lieutenant governor administer the government. The lieutenant governor while he acts as speaker of 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 lieutenant governor, he shall receive the same D
[ 12 ] compensation and be entitled to the fame privileges and emoluments, which the governor would have received and been entitled to, had been employed in the duties of his office. The speaker of the senate during the time he administers the government, shall also be entitled in like manner to the same compensation, privileges and emoluments as the governor would have been entitled to, and have enjoyed had he been employed in the duties of his office. Art. 1, sect. 27, line 7, after the letter "a" insert the words "governor, lieutenant governor". Sect. 28, line 9, strike out the words "two-thirds" and insert " a majority of the whole number of the members". Line 13, same amendment. Sect. 29, line 6, same amendment. Art. II, sect. 17, agreed to. Strike out the 2nd section and infert,Resolved, that in all elections by the people, and also by the senate and house of representative, jointly or separately, the votes shall be personally and publicly given viva voce, and not by ballot. The Yeas and Nays being required by two members present on that part of the resolutions respecting the lieutenant governor, were as follows viz : Yeas, Mefirs, Adair, T. Allen, J. Allin, Abel, Breckinridge, Boswell, Bailey, Buckner, Bledsoe, Baker, Bruner, Carr, Clark, Coleman, Davidson, Duncan, Y. Ewing, Grundy, Griffith, Harshall, Hickman, Henry, Innes, Johnson, J. Logan, W. Logan, M'Dowell, Marshall, Payne, Prather, Price, Rowan, Stockdon, Steele, Sanford, Sudduth, Thomas, Thruston, Wilmott, and Wallace. Nays, Meffrs, Brown, Bell, G. Clay, T. Clay, Casey, Forbes, Hufton, Irvine, B. Logan, Minor, Owens, Rodgers, S. Taylor, and R. Taylor. Yeas 40. Nays 14. Resolved, That the persons entitled to vote for representatives shall vote for two persons for governor, one of whom shall not reside in the county in which he shall vote, and the person who hath the greatest number of voted shall be governor, and the person who hath the next highest number of votes shall be lieutenaut governor. Art. 3, sect. 1, line 3, after the word "years" insert the words "except Indians, negroes, and mulattoes." The convention then resolved itself into a committee of the whole, to take into farther consideration the constitution, Mr. T. CLAY in the Chair, And after some time spent there in, the President refumed the chair, and Mr. Clay reported pregress. And then the convention adjourned until to-morrow morning nine o'clock.

THURSDAY, August 1, 1799.

The convention met according to adjournment, and resolved ifself into a committee of the whole, to take into consideration the constitution,
[ 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.
[ 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
[ 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
[ 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,
[ 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
[ 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.
[ 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
[ 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.

Citation

Kentucky, Constitutional Convention (1799), “Journal of the Convention, begun and held at the Capitol in the town of Frankfort, 22 July 1799.,” The Filson Historical Society Digital Projects, accessed April 15, 2024, https://filsonhistorical.omeka.net/items/show/5195.