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of the State of

filled.

other officers as he may be directed, by law, to commission, as soon as he has ascertained the result of the election of those officers respectively.

SEC. 26. When a vacancy shall happen in the office of Vacancies in any Attorney General, Auditor of Public Accounts, Treasurer, fices, how to be Register of the Land Office, President of the Board of Internal Improvement, or Superintendent of Public Instruction, the Governor, in the recess of the Senate, shall have power to fill the vacancy by granting commissions which shall expire at the end of the next session, and shall fill the vacancy for the balance of the time by and with the advice and consent of the Senate.

the seat of gov

ernment.

ARTICLE IX.

Concerning the Seat of Government.

SEC. I. The Seat of Government shall continue in the Frankfort to be city of Frankfort until it shall be removed by law: Provided, however, That two thirds of all the members elected to each House of the General Assembly shall concur in the passage of such law.

Slaves not
be emancipated

of the owners.

bring their slaves

ARTICLE X.

Concerning Slaves.

SEC. 1. The General Assembly shall have no power to to pass laws for the emancipation of slaves, without the conwithout consent sent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money, for the slaves so emancipated, and providing for their removal Immigrants may from the State. They shall have no power to prevent immigrants to this State from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State. The owners may They shall pass laws to permit owners of slaves to emancipate them, saving the rights of creditors, and to prevent them from remaining in this State after they are emancipated. They shall have full power to prevent slaves being Introduction of brought into this State as merchandise. They shall have full power to prevent slaves being brought into this State who have been, since the first day of January, one thousand seven hundred and eighty-nine, or may hereafter be imported into any of the United States from a foreign

emancipate.

slaves may be restricted.

well treatment of

slaves.

country. And they shall have full power to pass such May provide for laws as may be necessary to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provision, to abstain from all injuries to them, extending to life or limb; and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold, for the benefit of their owner or

owners.

SEC. 2. The General Assembly shall pass laws providing that any free negro or mulatto hereafter immigrating to, and any slave hereafter emancipated in, and refusing to leave this State, or having left, shall return and settle within this State, shall be deemed guilty of felony, and punished by confinement in the penitentiary thereof.

SEC. 3. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law, except that the General Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury.

ARTICLE XI.

Concerning Education.

SEC. 1. The capital of the fund called and known as the "Common School Fund," consisting of one million two hundred and twenty-five thousand seven hundred and sixty-eight dollars and forty-two cents, for which bonds have been executed by the State to the board of Education, and seventy-three thousand five hundred dollars of stock in the Bank of Kentucky; also, the sum of fifty-one thousand two hundred and twenty-three dollars and twenty-nine cents, balance of interest on the school fund for the year 1848, unexpended, together with any sum which may be hereafter raised in the State by taxation or otherwise for purposes of education, shall be held inviolate, for the purpose of sustaining a system of common schools. The interest and dividends of said funds, together with any sum which may be produced for that purpose by taxation or otherwise, may be appropriated in aid of common schools, but for no other purpose. The General Assembly shall invest said fifty-one thousand two hundred and twenty-three dollars and twenty-nine cents in some safe and profitable manner; and any portion of the interest and dividends of

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made to pay in

terest.

said school fund, or other money or property raised for school purposes, which may not be needed in sustaining Provision to be common schools, shall be invested in like manner. The General Assembly shall make provision, by law, for the Each county to payment of the interest of said school fund: Provided, That each county shall be entitled to its proportion of the income of said fund, and if not called for, for common school purposes, it shall be reinvested from time to time for the benefit of such county.

be entitled to its proportion.

SEC. 2. A Superintendent of Public Instruction shall be Superintendent elected by the qualified voters of this Commonwealth at the same time the Governor is elected, who shall hold his office for four years; and his duties and salary shall be prescribed and fixed by law.

tion to be elected for four years.

stitution may be amended.

ARTICLE XII.

Mode of Revising the Constitution.

SEC. 1. When experience shall point out the necessity of How the Con- amending this Constitution, and when a majority of all the members elected to each House of the General Assembly shall, within the first twenty days of any regular session, 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 shall be the duty of the several sheriffs, and other officers of elections, at the next general election which shall be held for Representatives to the General Assembly, after the passage of such law, to open a poll for, and make return to the Secretary of State, for the time being, of the names of all those entitled to vote for Representatives who have voted for calling a convention; and if, thereupon, it shall appear that a majority of all the citizens of this State, entitled to vote for Representatives, have voted for calling a convention, the General Assembly shall, at their next regular session, direct that a similar poll shall be opened, and return made for the next election for Representatives; and if, thereupon, it shall appear that a majority of all the citizens of this State entitled to vote for Representatives, have voted for calling a convention, the General Assembly shall, at their next session, pass a law calling a convention, to consist of as many members as there shall be in the House of Representatives, and no more, to be chosen on the first Monday in August there

bers of the convention.

after, in the same manner and proportion, and at the same places, and possessed of the same qualifications of a qualified elector, by citizens entitled to vote for Representatives, and to meet within three months after their election for the purpose of readopting, amending, or changing this Constitution; but if it shall appear by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for Representatives did not vote for calling a convention, a convention shall not then be called. And for the purpose of ascertaining whether a majority of the citizens, entitled to vote for Representatives, did or did not vote for calling a convention, as above, the General Assembly passing the law authorizing such vote shall provide for ascertaining the number of citizens entitled to vote for Representatives within the State.

SEC. 2. The convention, when assembled, shall judge of the election of its members, and decide contested elections, but the General Assembly shall, in calling a convention, provide for taking testimony in such cases, and for issuing a writ of election in case of a tie.

ARTICLE XIII.

Bill of Rights.

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rights.

That the general, great, and essential principles of liberty Declaration of and free government may be recognized and established, we

DECLARE

SEC. 1. That all freemen, when they form a social com- Equality of men pact, are equal, and that no man, or set of men, are entitled to exclusive, separate public emoluments or privileges from the community, but in consideration of public services.

SEC. 2. That absolute, arbitrary power over the lives, lib- Absolute power erty, and property of freemen exists nowhere in a Republic, not even in the largest majority.

over life, liberty, & property exists nowhere in a republic, &c.

SEC. 3. The right of property is before and higher than Right of property any constitutional sanction; and the right of the owner of

a slave to such slave, and its increase, is the same, and as inviolable as the right of the owner of any property what

ever.

people.

SEC. 4. That all power is inherent in the people, and all All power in the free governments are founded on their authority, and instituted for their peace, safety, happiness, security, and the protection of property. For the advancement of these ends,

science.

they have, at all times, an inalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.

SEC. 5. That all men have a natural and indefeasible right Liberty of con- to worship Almighty 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 control 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.

Religion.

Elections.

Trial by jury.

press and speech.

SEC. 6. That the civil rights, privileges, or capacities of any citizen shall in nowise be diminished or enlarged on account of his religion.

SEC. 7. That all elections shall be free and equal.

SEC. 8. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.(e)

SEC. 9. That printing presses shall be free to every person Freedom of the who undertakes to examine the proceedings of the General Assembly, 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.

evidence.

SEC. 10. In prosecutions for the publication of papers inTo give truth in vestigating 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 eviJury to be judges dence; 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.

of law and fact in libels.

SEC. 11. That the people shall be secure in their persons, People to be se- houses, papers, and possessions from unreasonable seizures. sonable seizures and searches, and that no warrant to search any place or to seize any person or thing, shall issue without describing

cure from unrea

and searches.

(e) The provisions of the Criminal Code, sections 226 and 223, requiring the court to instruct the jury on the law applicable to the case, and requiring the jury to take the law as expounded by the court, are not inconsistent with any provision of the Constitution. (Commonwealth vs. Van Tuyl, Metcalfe, p. 5.)

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