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CONSTITUTION OF KENTUCKY.*

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 right of life, liberty and property, and of pursuing happiness, do ordain and establish this Constitution for its govern

ment.

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.

SECTION 2.

No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of

[The first Constitution of the State of Kentucky was adopted and ratified in Convention at Danville, on the 19th day of April, 1792; and provided that the Government of the Commonwealth of Kentucky should commence on the first day of June of the same year. The Constitution will be found in 1 Littell's Laws of Kentucky, page 21 to 38.

By the sixth section of the eighth article, it was provided, that all laws then in force, in the State of Virginia, not inconsistent with the Constitution, and of a general nature, and not local to the eastern part of Virginia, should be in force here, until altered or repealed by the Legislature.

By the eleventh article, it was provided that, at the General Election for Representatives in 1797, the sense of the people should also be taken upon the propriety of calling a Convention, and that if the result was in favor of a Convention, similar proceedings should be had in 1798, and that if the result was again in favor of a Convention, the General Assembly should, at their next ensuing session pass an act for calling a Convention to revise the Constitution. The result of the vote in each of the years of 1797 and 1798, being in favor of a Convention, the Legislature, on the 18th of December, 1798, passed the necessary law for calling the Convention. For the act, see 2 Littell's Laws of Kentucky, 211.

The Convention accordingly met at Frankfort, and adopted the present Constitution of Kentucky on the 17th day of August, 1799.]

Preamble.

Division of the powers of government in

to three depart

ments.

Powers to be kept separate.

Of the legislative power.

the others; (a) except in the instances hereinafter expressly directed or permitted.

ARTICLE II.

Concerning the Legislative Department.

SECTION 1.

The legislative power of this commonwealth shall be vested in two distinct branches; the one to be styled the House of Representatives, the other the Senate, and both together, the General Assembly of the Commonwealth of Kentucky.

SECTION 2.

The members of the house of representatives shall continue in House of rep- service for the term of one year from the day of the commencement of the general election, and no longer.

resentatives,

term of service of members.

SECTION 3.

Representatives shall be chosen on the first Monday in the month When to be of August in every year; but the presiding officers of the several elections shall continue the same for three days, at the request of tinue three days any one of the candidates.

chosen, and election to con

of members.

SECTION 4.

No person shall be a representative, who at the time of his elecQualifications tion 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 year thereof in the county or town for which he may be chosen.

election.

SECTION 5.

Elections for representatives for the several counties entitled to Places of 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 Towns may have separate legislature that any town hath a number of qualified voters equal representation. 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.

(a) See the case of Gaines, &c. v. Buford, 1 Dana, 498.

2. Acts of the legislature authorizing commissioners to sell the estate descended or devised to infants, to satisfy the debts of the decedent, to which the estate might be subjected by judicial proceedings, are constitutional.-Kibby v. Chitwood's Adm'r. 4 Mon. 91. Shehan's heirs v. Barnett's heirs, 6 Mon. 594.

3. An executrix, who proved the will of her testator in New Hampshire, and obtained a license from a probate court in that State to sell the real estate of the testator for the payment of debts, sold the real estate of which he died seized in Rhode Island, for that purpose, and conveyed the same by deed. Held, that the act of the legislature of Rhode Island, which confirmed the title of the purchasers, was valid.—Wilkinson v. Leland, &c. 2 Peters, 657.

SECTION 6.

Apportion

sentation.

Representation shall be equal and uniform in this commonwealth; and shall be forever regulated and ascertained by the number of ment of reprequalified electors therein. In the year eighteen hundred and three, and every fourth year thereafter, 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 representatives 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 apportioned for the four years next following, as near as may be, among the several counties and towns in proportion to the number of qualified electors; but, when a county may not have a sufficient number of qualified electors to entitle it to one representative, and when the adjacent county or counties may not have a residuum or residuums, which, when added to the small county, would entitle it to a separate representation, it shall then be in the power of the legislature to join two or more together for the purpose of sending a representative: Provided, That when there are two or more counties adjoining which have residuums over and above the ratio then fixed by law; if said residuums when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum.

SECTION 7.

The house of representatives shall choose its speaker and other officers.

SECTION 8.

Residuums.

To choose its officers.

Qualifications

In all elections for representatives, every free male citizen, (negroes, mulattoes and Indians excepted,) who at the time being, of electors of hath attained to the age of twenty-one years, and resided in the representatives 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 is herein otherwise provided. Electors shall in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance at, going to, and returning from elections.

SECTION 9.

Electors when exempt

arrest.

from

Term of ser

The members of the senate shall be chosen for the term of four years; and when assembled, shall have the power to choose its of vice of senators ficers annually.

SECTION 10.

At the first session of the general assembly, after this constitution takes effect, the senators shall be divided by lot, as equally as

Senators to

be classed.

Number of

senators.

Senatorial

may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year; of the third class, at the expiration of the third year; and of the fourth class, at the expiration of the fourth year; so that one fourth shall be chosen every year, and a rotation thereby kept up perpetually.

SECTION 11.

The senate shall consist of twenty-four members at least, and for every three members above fifty-eight which shall be added to the house of representatives, one member shall be added to the senate. SECTION 12.

The same number of senatorial districts shall, from time to time, be established by the legislature, as there may then be senators aldistricts how to lotted to the state; which shall be so formed as to contain, as near

be formed.

Additional senators how to be classed.

Qualifications of electors of senators.

Qualification of senators.

Time of electing senators.

Time of the

meeting of the Legislature.

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as may be, an equal number of free male inhabitants in each above the age of twenty-one years, and so that no county shall be divided, or form more than one district; and where two or more counties compose a district, they shall be adjoining.

SECTION 13.

When an additional senator may be added to the senate, he shall be annexed by lot to one of the four classes, so as to keep them as nearly equal in numbers as possible.

SECTION 14.

One senator for each district shall be elected by those qualified to vote for representatives therein, who shall give their votes at the several places in the counties or towns where elections are by law directed to be held.

SECTION 15.

No person shall be a senator, who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of thirty-five years, and resided in this state six years next preceding his election, and the last year thereof in the district for which he may be chosen.

SECTION 16.

The first election for senators shall be general throughout the 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.

SECTION 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 sessions shall be held at the seat of gov

ernment.

SECTION 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 authorised by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby.

SECTION 19.

Quorum of

the senate and house of repre

sentatives.

Elections

Each house of the general assembly shall judge of the qualifications, elections and returns of its members; but a contested elec- how judged. tion shall be determined in such manner as shall be directed by law. SECTION 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.

SECTION 21.

Rules of proceedings, and power to punish

Journals by

Each house of the general assembly shall keep and publish, weekly, a journal of its proceedings; and the yeas and nays of the each house. members, on any question, shall, at the desire of any two of them, be entered on their journal.

SECTION 22.

Neither house, during the session of the general assembly, shall, Adjournment. without the consent of the other, adjourn for more than three days,

nor to any other place than that in which they may be sitting.

SECTION 23.

of members.

The members of the general assembly shall severally receive, Compensation 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 sessions 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.

SECTION 24.

Privileges of

The members of the general assembly shall, in all cases, except treason, felony, breach or surety of the peace, be privileged from members. arrest, during their attendance at the sessions of their respective houses, and in going to, and returning from the same; (b) and for any speech or debate, in either house, they shall not be questioned in any other place.

SECTION 25.

To what offices members shall not be ap

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 profit (c) under this commonwealth, which shall pointed.

(b) This clause does not protect a member of the legislature from being served with civil process, in a case in which bail is not required.-Catlett v. Morton, 4 Litt. 122.

(c) See note (e) to Art. 1, sec. 6, of the U. S. Constitution, page 16, ante.

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