Sidebilder
PDF
ePub

308

KENTUCKY as any person of the same age or description shall be continued in slavery by the laws of this Siate. They hall pass laws to permit the owners of flaves to emancipare thein, 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 Saves being brought into this State as nierchandize. They hall have full power to prevent any flaves being brought into this Srare from a foreign country, and to prevent those from being brought into this Sraie, who have been, since the firtt day of January, one thousand leven hundred and eighty.nine, or may hereafrer be imported into any of the United States from a foreign country. And tliey shall have full power to pass fuch laws as may be necessary, to oblige the owners of Naves to treat them with humanity, to provide for ihem necessary clothing and provision, to abílain from all injuries extending to life or limb, and in cale of their neglect or refusal to comply with the dreétions of fuch laws, to have fuch Nave or flaves sold for the benefit of iheir owner or owners.

Sect. 2. In the prosecution of flaves for felony, ro inquelt by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law : except that the General Allembly thall have no power to deprive them of the privilege of an impartial trial by a petit jury,

ARTICLE VIIT. The seat of government shall continue in the town of Frankfort, until it thall be removed by law : Provided lowever, that two-thirds of all the Meinbers elected to each House of the General Assembly, shall concur in the passage of such law.

° ARTICLE IX. :: Diode of revising the Constitution. When experience shall point out the necessity of amending this Conftitution, and when a najority of all the Members elected to each House of the General Alsembly, mall within the first twenty days of their flared annual refsion, 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 ihall be the duty of ihe leveral Sheriffs, and other returning officers, at the next general ele&tion which thall be held for Representatives, after the passage of such iaw, io open a poll for, and make a return to the Secretary, for the time being, of the names of all those entitled to vote for Reprelentatives who have voted for calliog a convention : and if thereupon it (all appear that a ma. jority of all the citizens of this State entitled to vote for Reprefentatives, have' voted for a Convention, the General Assembly shall direct that a similar poll shall be opened, and taken for the next year ; and if thereupon it Mall appear, ibat a majority of all the citizens of this State entitled to vote for Representatives, have voted for a convention, the General Affembly fhall ac their next session call a Convention, to confitt of as many Members as there shall be in the House of Repre. Sentatives, and no more ; to be cholen in the fame manner and proportion, at the same places, and at the lame time that Reprełentatives are, by citizens entitled to vote for Representatives ; and to meet within three months after the said election for the purpose of readopting, amending, or changing this Conftitution, But if it shall appear by the vote of either year, as a. foresaid, that a majority of all the citizens eoritled to vote for Representatives, did not vote for a convencion, a Convention shall not be called.

.: ARTICLE X. That the general, great, and effential Principles of Liberty

and free Government may be recognized and established, WE DECLARE,

Sect. 1. That all freemen, when they form a social coni pact, are equal; and that no man, or set of men, are entitled to exclusive, le parate, public emoluments or privileges, from the community, but in consideration of public services.

Secr. 2. That all power is inherent in the People; and all free governments are founded on their auchöri ty, and instituted for their peace, safety, and happines: For the advancement of these ends, they have at all. times an unalienable and indeafeasible right to alcer,

re

reform or abolish their government, in such manner as they may think proper. · Sect. 3. That all men have a natural and indefeasible right to worship Alınighty 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 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.

Secr. 4. That the civil rights, privileges, or capacities of any citizen, shall in no wise be diminished 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 invios late.

Secr.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.

SECT. 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.

Sect. 9. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures and searches ; and that no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor with out probable cause supported by oath or affirmation.

Sect. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel ;

to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favour; and in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, without the judgment of his peers or the law of the land.

Sect. 11. That no person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the Court, for oppression or misdemeanor in office.

Sect. 12. No person shall for the same offence be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consentof his representatives, and without just compensation being previously made to him.

Sect. 13. That all Courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law; and right and justice administered without sale, denial or delay.

Sect. 14. That no power of suspending laws shall be exercised, unless by the Legislature or its authority.

SECT. 15. That excessive bail shall not be required, nor excessive tines imposed, nor cruel punishments indicted.

Sect. 16. That all prisoners shall be bailable by sufficient securities, unless for capital ofiences, when the

proof is evident, or presumption great; and the privi. ·lege of the writ of habeas corpus shall not be suspended,

unless when in cases of rebellion or invasion the public safety may require it.

Sect. 17. That the person of a debtor, where there is not strong presumption of fraud, shall not be contin. ued in prison after delivering up his estate for the bene, fit of his creditors, in such manner as shall be prescribed by law.

That

Sect. 18. That no ex post factó law, nor any law impairing contracts, shall be made. '

SECT.19. That no person shall be attainted of treason or felony by the Legislature.

SECT. 20. That no atttainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.

Sect.21. That estates of such persons as shall destroy their own lives shall descend or vest as in case of natural death, and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

SECT. 22. That the citizens have a right in a peace. able manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address or remonstrance.

SECT. 23. That the rights of the citizens to bear arms in defence of themselves and the State, shall not be questioned.

SECT. 24. That no standing army shall in time of peace, be kept up without the consent of the Legislature, and the military shall in ail cases, and at all times, be in strict subordination to the civil power.

Sect. 25. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

Sect. 26. That the Legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment to which shall be for a longer term than during good behaviour.

SECT. 27. That emigration from the State shall not be prohibited.

· SECT. 28. To guard against transgressions of the high powers which we have delegated, WE DECLARE, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this Constitution shall be void. "..

..padrino SCHE

[ocr errors]
« ForrigeFortsett »