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general assembly : 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.
4. The judges shall, by virtue of their office, be conservators of the peace throughout the state. The style of all process shall be, “the commonwealth of Kentucky.” All prosecutions shall be carried on in the name and by the authority of the commonwealth of Kentucky, and conclude, against the peace and dignity of the same.
5. There shall be established in each county, now, or which may hereafter be erected, within this commonwealth, a county court.
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 two-thirds of each house of the general assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, on the journal of each house.
7. The number of the justices of the peace to which the several coun. ties in this commonwealth now established, or which may hereafter be established, ought to be entitled, shall, from time to time, be regulated by law.
8. When a surveyor, coroner, or justice of the peace 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 he shall 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
9. When a new county shall be erected, a competent number of justices of the peace, a sheriff, and coroner 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 rcjected by the governor or the senate, another person shall immediately be recommended as aforesaid.
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 had 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 of any court of the same dignity with that for which he offers himself They shall be removable for breach of good behaviour, by the court of appeal only, who shall be judges of the fact as well as of the law. Twothirds of the members present must concur in the sentence.
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.
12. The state treasurer, and printer or printers, for the common
wealth, shall be appointed annually by the joint vote of both houses of the general assembly: Provided, that, during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices,
Concerning Impeachments. $ 1. The house of representatives shall have the sole power of impeaching.
2. All impeachments shall be tried by the senate ; when sitting for that purpose, the senators shall be upon oath or affirmation : no person shall be convicted without the concurrence of two-thirds of the mem
3. The governor and all civil officers shall be liable to impeachment for any misdemeanour in office; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth ; but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law.
$ 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 commonwealth 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 according to law.”
2. Treason against the commonwealth shall consist only in levying War against it, or in adhering to its enemies, giving them aid and comfort
. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open
3. Every person shall be disqualified from serving as a governor, lieutenant-governor, senator, or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election.
4. Laws shall be made to exclude from office, and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanours. 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.
6. No money shall be drawn from the treasury, but in pursuance of appropriations made by law, nor shall any appropriations of money, for the support 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 vụblished annually.
6. The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the commonwealth.
7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God.
8. 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 to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general assembly.
9. 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 part of this constitution.
10. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.
11. 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, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the divi. sion, brigade, regiment, battalion, or company, to which they may severally belong.
12. The attorney-general, and other attorneys for this commonwealth, who receive a fixed annual salary from the public treasury, judges, and clerks of courts, justices of the peace, surveyors of lands, and all commissioned militia officers, shall hold their respective offices during good behaviour, and the continuance of their respective courts, under the exceptions contained in this constitution.
13. Absence on the business of this state, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this commonwealth, under the exceptions contained in this constitution.
14. It shall be the duty of the general assembly to regulate by law, in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.
15. Returns of all elections for governor, lieutenant-governor, and members of the general assembly, shall be made to the secretary, for the time being.
16. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall
be personally and publicly given, viva voce.
17. No member of congress, nor person holding or exercising any office of trust, or profit, under the United States, or either of them, or under any foreign power, shall be eligible as a member of the general assembly of this commonwealth, or hold or exercise any office of trust, or profit, under the same.
18. The general assembly shall direct by law how persons who now
are, or may hereafter become, securities for public officers, may be relieved or discharged on account of such securityship.
Concerning Slaves. $ 1. The general assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state. They shall pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a charge to any county in this commonwealth. They shall have full power to prevent slaves being brought into this state as merchandise. They shall have full power to prevent any slaves being brought into this state, who have been, since the first day of January, one thousand seven hundred and eighty-nine, or may hereafter be, imported into any of the United States, from a foreign country. And they shall have full power to pass such laws as may be necessary to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provision, to abstain from all injuries to them extending to life, or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of their owner or owners.
2. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law: except that the general assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury.
ARTICLE 8. § 1. 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 house of the general assembly shall concur in the passage of such law.
Mode of Revising the Constitution. $1. When experience shall point out the necessity of amending this constitution, and when a majority of all the members elected to each house of the general assembly shall, within the first twenty days of their stated annual session, concur in passing a law, specifying the alterations intended to be made, for taking the sense of the good people of this state, as to the necessity and expediency of calling a convention, it shall be the duty of the several sheriffs, and other returning officers, at the next general election which shall be held for representatives after the passage of such law, to open a poll for, and make return to the secretary, for the time being, of the names of all those entitled to vote for representatives, who have voted for calling a convention ; and
it shall appear that a majority of all the citizens of this state entitled to vote for representatives have voted for a convention, the general assem. bly shall direct that a similar poll shall be opened and taken for the next year; and if thereupon it 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, at their next session, call a convention, to consist of as many members as there shall be in the house of repre. sentatives, and no more ; to be chosen in the same manner and propor tion, 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 the citizens entitled to vote for representatives did not vote for a convention, a convention shall not be called.
ARTICLE 10. That the general, great, and essential principles of liberty and free government may be recognised and established, we declare :
$ 1. That all free men, when they form a social compact, are equal; and that no man or set of men are entitled to exclusive, separate, public emoluments or privileges, from the community, but in consideration of public services.
2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness: For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.
3. That all men have a natural and indefeasible right to worship Al. mighty God, according to the dictates of their own consciences; that no man shall 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 case whatever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship.
4. That the civil rights, privileges, or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion.
5. That all elections shall be free and equal.
6. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate.
7. That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.
8. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. . And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.