addrefs of two thirds of each branch of the legiflature. They fhall at ftated times receive for their fervices an adequate compenfation tỏ be fixed by law, which fhall not be diminished during their continuance in office.

§3. The fupreme court fhall have original and final jurisdiction in all cafes respecting the titles to land under the present land laws of Vir. ginia, including those which may be depending in the prefent fupreme court for the District of Kentucky, at the time of establishing the faid fupreme court; and in all cafes concerning contracts for land, prior to the establishing of of those titles. And the faid court fhall have power to hear and determine the fame in a fum❤ mary way, and to direct the mode of bringing the fame to a hearing fo as to enable them to do right and juftice to the parties, with as little delay and at as fmall expence as the nature of the bufinefs will allow; but the said court fhall, in all fuch cafes oblige the parties to state the material parts of their complaint and defence in writing and fhall on the conclufion of every caufe, ftate on the records, the whole merits of the case, the questions arifing therefrom, the opinions of the court thereupon, and a summary of the reafons in fupport of thofe opinions.

§ 4. And it fhall be the duty of each judge of the fupreme court, prefent at the hearing of any fuch cause, and differing from a majority of the court, to deliver his opinion in writing, to'be entered as aforefaid; and each judge shall deliver his opinion in open court. And the faid court fhall have power on the determination of any such case, to award the legal costs against

either party or to divide the fame among the different parties, as to them fhall feem juft and right. And the faid court fhall have full power to take fuch fteps as they may judge proper, to perpetuate teftimony in all cates concerning fuch titles. Provided that a jury fhall always be impannelled for the finding of fuch facts as are not agreed by the parties; unless the parties or their attornies, fhall wave their right of trial by jury, and refer the matter of fact to the decifion of the court. Provided alfo, that the legislature may whenever they may judge it expedient, pass an act or acts to regulate the mode of proceedings in fuch cafes, or to take away/ entirely the original jurisdiction hereby given to the faid court in fuch cafes.

5. In all other cafes the fupreme court shall have appellate jurifdiction only, with fuch exceptions and under fuch regulations as the legislature fhall make; and the legislature may from time to time vet in the fupreme and inferior courts, or either of them fuch powers both in law and equity, as they fhall judge proper and neceffary, for the due administration of juftice:

§ 6. A competent number of justices of the peace shall be appointed in each county; they fhall be commiffioned during good behaviour, but may be removed on conviction of misbehaviour, in office, or of any infamous crime, or on the ad drefs of both houfes of the legislature.

§ 7. The judges fhall by virtue of their of fice be confervators of the peace throughout the state. The style of all procefs fhall be, • The Commonwealth of KENTUCKY.' All profecutions fhall be carried on in the name and by the

athority of the commonwealth of Kentucky, and conclude againit the peace and dignity of the fame.

Article VI.

1. Sheriffs and coroners, fhall at the times and places of elections of reprefentatives, be thofen by the citizens of each county, qualified to vote for reprefentatives. They fhall hold their offices for three years, if they fhall fo long behave themfelves well, and until a fucceffor be duly qualified; but no person shall be twice chofen or appointed fheriff in any term of fix years. Vacancies in either of the faid offices, fhall be filled by a new appointment to be made by the governor, to continue until the next general election, and until a fucceffor fhall be chofen and qualified as aforefaid.

§ 2. The free-men of this commonwealth fhall be armed and difciplined for its defence. Those who confcientiously fcruple to bear arms, fhall not be compelled to do fo; but shall pay an equivalent for personal service.

3. The field and staff officers of the militia. fhall be appointed by the governor, except the battallion staff officers, who fhall be appointed by the field officers of each battallion respect ively.

4. The officers of companies fhall be cho fen by the perfons enrolled in the lift of each company, and the whole fhall be commiffioned during good behavior, and during their re

h

fidence in the bounds of the battallion or company to which they fhall be appointed.

$5. Each court fhall appoint its own clerk, who fhall hold his office during good behavior; but no perfon fhall be appointed clerk only pro tempore, who fhall 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 prefence, and under their direction, and that they judge him to be well qualified to execute the office of clerk to any court of the fame dignity with that for which he offers himself. They fhall be removable for breach of good behavior, by the court of appeals only, who fhall be judges of the fact as well as of the law: two thirds of the members prefent must concur. in the fentence.

$6. All commiflions fhall be in the name and by the authority of the state of Kentucky, and be fealed with the ftate feal, and figned by the governor.

$7. The ftate treafur er fhall be appointed annually by the joint ballot of both houfes.

Article VII.

1. Members of the general affembly, and áll officers, executive and judicial, before they enter upon the execution of their respective offices, fhall take the following oath or affirmation: "I do folemnly fwear (or affirm, as the cafe may be) that I will be faithful and true to the commonwealth of Kentucky, fo long as I continue a citizen thereof, and that I will

66

faithfully execute to the best of my abilities, according to law."

the office of

Article VIII.

1. Treafon against the commonwealth, fhall confift only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No perfon fhall be convicted of treafon unless on the teftimony of two witneffes to the fame overt act, or on his own confeffion in open court.

2. Laws fhall be made to exclude from office and from fuffrage, thofe who fhall there after be convicted of bribery, perjury, forgery, or other high crimes or mifdemeanors: the privilege of free fuffrage, shall be supported by laws regulating elections, and prohibiting under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper practices.

3. No money fhall be drawn from the treafury, but in confequence of appropriations made by law, nor fhall any appropriations of money for the fuport of an army, be made for a longer term than one year, and a regu lar statement and account of the receipts and expenditures of all public money, thall be published annually.

§ 4. The legislature fhall direct by law, in what manner and in what courts, fuits may be brought against the commonwealth.

5. The manner of adminiftering an oath or affirmation, fhall be fuch as is moft confiftent with the confcience of the deponent, and