Imágenes de páginas
PDF
EPUB
[ocr errors]

on their journal.

to

state, and at the same time that the general election for representatives is 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.

17. 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 session shall be held at the seat of government.

18. Not less than a majority of the members of each house of the general assembly shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties, as may be prescribed thereby.

19. Each house of the general assembly shall judge of the qualifications, elections, and returns of its members; but a contested election shall be determined in such manner as shall be directed by law.

20. 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.

21. 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 question shall, at the desire of any two of them, be entered

22. Neither house, during the session of the general assembly, shall, without the consent of the other, adjourn for more than three days, noi . any other place than that in which they may be sitting.

23. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which shall be one dollar and a half a day, during their attendance on, going to, and returning from the session of their respective houses : 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.

24. The members of the general assembly shall, in all cases, except treason, felony, breach or surety of the 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. 25. No senator or representative shall, during the term for which he

elected, nor for one year thereafter, be appointed or elected to any civil office of 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, except to such offices or appointments as may be made or filled by the elections of the 26. No person, while he continues to exercise the functions of a clergyman, priest, or teacher of any religious persuasion, society, or sect; Lot whilst he holds or exercises any office of profit under this commonwealth, shall be eligible to the general assembly; except attorneys at law, justices of the peace, and militia officers : Provided, that justices of the courts of quarter sessions shall be ineligible so long as any compensation tway be allowed them for their services : Provided, also, that attorneys

U

[ocr errors]

people.

for the commonwealth, who receive a fixed annual salary from the public treasury, shall be ineligible.

27. No person who at any time may have 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 collection, and for all public moneys for which he may be responsible.

28. No bill shall have the force of a law until on three several days it be read over in each house of the general assembly, and free discussion allowed thereon; unless, in cases of urgency, four-fifths of the house where the bill shall be depending, may deem it expedient to dispense with this rule.

29. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose amendments, as in other bills : Provided, that they shall not introduce any new matter, under the colour of an amendment, which does not relate to raising a revenue.

30. 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 3. Concerning the Executive Department. $1. The supreme executive power of the commonwealth snall be vested in a chief magistrate, who shall be styled the governor of the commonwealth of Kentucky.

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.

3. The governor shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected.

4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this state at least six years next preceding his election.

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 until his successor shall have taken the oaths or affirmations prescribed by this constitution.

6. No member of congress, or person holding any office under the United States, nor minister of any religious society, shall be eligible to the office of governor.

7. The governor shall, at stated times, receive for his services a com pensation, which shall neither be increased nor diminished during tha term for which he shall have been elected.

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 per

214773

35

sonally in the field, unless he shall be advised so to do by a resolution of the general assembly. 9. He shall nominate, and, by and with the advice and consent of the

enate, appoint all officers whose offices are established by this constitu

tion or shall be established by law, and whose appointments are not herein otherwise provided for: Provided, that no person shall be so appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next 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 or counties from which it shall have been taken: Provided, also, that the county courts be authorized by law to appoint inspectors, collectors, and their deputies, surTeyors of the high-ways, constables, jailers, and such other inferior officers, whose jurisdiction may be confined within the limits of a county.

10. The governor shall have power to fill up vacancies that may happen during the recess of the senate, hy granting commissions, which shall expire at the end of the next session.

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.

12. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.

13. He shall from time to time give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall deem expedient. 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 disorders; 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 exceeding, four months.

15. He shall take care that the laws be faithfully executed. 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 lieutenantgovernor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. 17. He shall, by virtue of his office, be speaker of the senate, have a night

, 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. 28. In case of the impeachment of the governor, his removal from ofice

, death, refusal to qualify, 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 duly qualified, or the governor absent or impeached shall return or be acquitted.

19. Whenever the government shall be administered by the lieute. hant-governor, or he shall be unable to attend as speaker of the senate, de senators shall elect one of their own members as speaker,

for thał

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.

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.

21. The speaker pro tempore 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.

22. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, 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 choosing a speaker.

23. An attorney-general, and such other attorneys for the commonwealth as may be necessary, shall be appointed, whose duty shall be regulated by law. Attorneys for the commonwealth, for the several counties, shall be appointed by the respective courts having jurisdiction therein.

24. A secretary shall be appointed and commissioned during the term for which the governor shall have been elected, 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 house of the general assembly, and shall perform such other duties as may be enjoined him by law,

25. Every bill which shall have passed both houses 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 the journal, and proceed to reconsider it; if, after such reconsideration, 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 be likewise considered, and if approved by a majority of all the 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 persons voting for and against the bill shall be entered on the journal of each house respectively; if any bill shall not be returned by the governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general assembly by their adjoumment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting.

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

[ocr errors]

nim; 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.

27. Contested elections for a governor and lieutenant-governor shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such manner as shall be directed by law. 23. The freemen of this commonwealth (negroes, mulattoes, and Indiuns excepted) shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

29. The commanding officers of the respective regiments, shall appoint the regimental staff; brigadier-generals their brigade-majors; major-generals, their aids; and captains, the non-commissioned officers of companies.

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-officer present, who may be highest in commission, shall decide the nomination.

31. Sheriffs shall hereafter be appointed in the following manner: when time of a sheriff for any county 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 county court ; 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 courts 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.

[ocr errors]

ARTICLE 4,

Concerning the Judicial Department. $1. The judiciary power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of appeals, and in such inferior courts as the general assembly may from time to time erect and establish. 2. The court of appeals, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only; which shall be coextensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by

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 house of the

law.

« AnteriorContinuar »