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schools: and it shall be the duty of the General Assembly, to appoint a board of commissioners, for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a report of the condition of tbe same, from time to time, under such rules, regulations, and restrictions as may be required by law ; provided, that if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands shall be made among the individual states, the part of such lands, or money coming to this State, shall be devoted to the purposes of education and internal improvement; and shall never be applied to any other purpose.
11. The above provisions shall not be construed to prevent the Legislature from carrying into effect any laws that have been passed in favor of the colleges, universities, or academies, or from authorizing heirs or distributees to receive and enjoy escheated property, under such rules and regulations as from time to time may be prescribed by law.
12. The declaration of rights hereto prefixed, is declared to be 'a part of the Constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the general powers of government, and shall forever remain inviolate.
This State was first explored in 1770, by Daniel Boon, a celebrated hunter. The first settlement was near Lexington, in the year 1775. This State originally belonged to Virginia. In 1782 it became a territory by the name of Kentucky. In 1792 it was admitted into the union. The first Constitution was adopted in 1790—the present one in 1799.
Area, 40,500 sq. m. Pop. 1840, 779,828, of which 182,258 were slaves. Free blacks, 7,317.
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 government:
Concerning the Legislative Department.
Sec. 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.
2. No person or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted.
Concerning the distribution of the powers of the Government.
Sec. 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.
2. The members of the House of Representatives shall continue in service for the term of one year from the day of the commencement of the general election, and no longer.
3. Representatives shall be chosen on the first Monday in the month of August in every year; but the presiding officers of the several elections shall continue the same for three days, at the request of any one of the candidates.
4. No person shall be a representative, who at the time of his election 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.
5. Elections for representatives for the several counties entitled to representation, shall be held at the places of holding their respective courts, or in the several election precints 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 Legislature that any town hath a number of qualified voters equal 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.
6. Representation shall be equal and uniform in this commonwealth; and shall be forever regulated and ascertained by the number of qualified 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 nof 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 •
fied 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.
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 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 from which he may be chosen.
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.
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 session shall be held at the seat of Government.
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 authorized by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby.
19. Each house of the General Assembly shall judge of the qualifications, elections, and returns of its members; but a contested election shall be determined in such manner as shall be directed by law.
20. Each house of the General Assembly may determine the rules of its proceedings; punish a member for disorderly behavior; and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.
21. Each house of the General Assembly shall keep and publish, weekly, a journal of its proceedings; and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on their journal.
22. Neither house, during the session of the General Assembly, shall, 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.
23. The members of the General Assembly shall severally receive 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 session 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.
24. The members of the General Assembly shall, in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for