« ForrigeFortsett »
SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained:
Sect. 1. That all laws of this Commonwealth in force at the time of making the said alterations and amendments, and not inconsistent therewith, and all rights, actions, prosecutions, claim;, and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made.
Sect. 2. That all officers now filling any office or appointment, sha.ll continue in the exercise of the duties of their respective offices or appointments for the terms therein expressed, unless by this Constitution it is otherwise directed.
Sect. 3. The oaths of office herein directed to be taken, may be administered by any Justice of the Peace, until the Legislature shall otherwise direct.
Sect. 4. The General Assembly to be held in November next, shall apportion the Representatives and Senators, and lay off the State into senatorial districts conformable to the regulations prescribed by this Constitution. In fixing those apportionments, and in establishing those district';, they shall take for their guide the enumeration directed by law to be made in the present year, by the commissioners of the tax, and the apportionments thus made, shall remain unaltered until the end of the stated annual sessions of the General Assembly in the year 1803.
Sect. 5. In order that no inconvenience may arise from the change made by this Constitution, in the time of holding the general election, it is hereby ordained, that the first election for Governor, Lieutenant Governor, and Members of the General Assembly, shall commence 011 the f.rst Monday in May 1S00. The persons then elected shall continue in office during their several terms of service prescribed by this Constitution, and until the next general election, which shall be held after their SEiid terms shall have respectively expired. The returns
turns for the said r.rst election of Governor and lieutenant Governor shall be made to the Secretary, within fifteen days from the day of election, who shall, as soon as may be, examine and count the same in the presence of atleast two Judges of the Court of Appeals, or District Courts, aud shall declare who are the persons thereby duly elected, and give them odicial notice of their election: and if any person shall be equal and highest on the po!i, the said Judges and Secretary shall determine the election by lot.
Sect. 6. This Constitution, except so much thereof as is therein otherwise directed, shall not be in force, until the 1st day of June in the year i8OO ; oh which day the whole thereof shall take full and complete effect. Done in Convention at Frankfort the i7th day of August, 1799, and of the independence of the United States of America the 24th.
ALEX. S. BULLIT, P. C.
Member from Jefferson.
Campbell. Tho. Sandford.
Clarke. Robert Clarke, R. Hickman, Wm Sudduth.
An OR&fJYJJVCE for the Government of the Territory of the United States North-tvest of the River Ohio.
BE it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district; subject however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among their children, and the descen<iants of a deceased child, in equal parts; th# descendants of a deceased child or grand-child, to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to »he next of kin, in equal degree; and among collaterals, the children of a "deceased brother or sister of the intestate, shall have in equal parts among them their deceased parents' share,, and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one third part of the personal estate, and this law relative to descents and dower, shall remain in full force until altered by the Legislature of the district. And until the Governor and Judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and Attested by two witaesses, provided
4 such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year afterproper magistrates, courts, and registers shall be appointed for that purpose ; and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers, of the Kaskaskies, St. Vincent's, and the neighbouring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the dissent and conveyance of property.
Be it ordained by the authority aforenaid, That there ■shall be appointed, from time to time, by Congress, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.
There shall be appointed from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office .: it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the district, and the proceedings of the Governor in his Executive Department; and transmit authentic copies of such acts and proceedings, every six ihonths, to the Secretary of Congress: There shall also be appointed a court to consist of three Judges, any two of whom to form a Court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in live hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour.
The Governor and Judges, or a majority of them, shall adopt and publish in the district, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time; which
laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they shall think lit.
The Governor for the time being shall beCommander in Chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress.
Previous to the organization of the General Assembly, the Governor shall appoint such Magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the General Assembly shall be organized, the powers and duties of Ma^ gistrates and other civil officers shall be regulated and defined by the said Assembly ; but all Magistrates and other civil officers not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the Governor.
For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution and process, criminal and civil, the Governor shall make proper divisions thereof, and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the. district in which the Indian titles shall have been extinguished, into counties and townships, subject however, to such alterations as may hereafter be made by the Legislature. ,
So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with the time and place, to elect Representatativs from their counties or townships, to represent them in the General Assembly; provided, that for every five hundred free male inhabitants, there shall be one Representative, and so on progressively with the number of free male inhabitants shall the right of representation increase, until the number of Representatives shall amount to twenty-five j after which the number and proper