them as nearly as may be, nor without probable cause, supported by oath or affirmation.(ƒ) SEC. 12. That in all criminal prosecutions, the accused Rights of persons prosecuted crimhath a right to be heard by himself and counsel; to de- inally. mand 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 favor; 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, unless by the judgment of his peers, or the law of the land.(g) SEC. 13. That no person shall, for any indictable offense, Information. be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office. SEC. 14. No person shall, for the same offense, 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 consent of his representatives, and without just compensation being previously made to him.() Twice in jeopar not to be taken. dy, and property All courts to be open. SEC. 15. 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. SEC. 16. That no power of suspending laws shall be exer- Suspending law3. cised, unless by the General Assembly, or its authority. SEC. 17. That excessive bail shall not be required, nor Excessive bail. excessive fines imposed, nor cruel punishments inflicted. bailable. SEC. 18. That all prisoners shall be bailable by sufficient Prisoners, when securities, unless for capital offenses, when the proof is evi (ƒ) This clause of the Constitution requires that the thing, the person, and the place, should all be described in a search warrant. (Reed, &c., vs. Rice, 2 J. J. Mar., 46.) (g) The constitutional right of the accused "to meet the witnesses face to face" is not impaired by the rule of evidence which admits dying declarations. The person who testifies as to the dying declarations is the witness. (Walston vs. The Commonwealth, 16 B. M., p. 35.) (h) For an exposition of the effect of this provision, "that no person shall, for the same offense, be twice put in jeopardy of his life or limb," see O'Brien vs. Commonwealth, MS. Opinion by Pryor, judge, February, 1873.) 2. As to the construction and effect of the provision on the subject of taking private property for public use, read the following cases: 13 B. M.,p. 31; 15 B. M., p. 498; 17 B. M., p. 177 (citing 5 Dana, p. 28, and 7 Dana, p. 81; also 17 B. M., p. 230; 18 B. M., p. 284; 2 Met., p. 354.) Habeas corpus. dent or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. SEC. 19. That the person of a debtor, where there is not Imprisonment of strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. debtors. SEC. 20. That no ex post facto law, nor any law impair Ex post facto ing contracts, shall be made.(i) laws. Attainder. forfeiture. SEC. 21. That no person shall be attainted of treason or felony by the General Assembly. SEC. 22. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth. SEC. 23. That the estates of such persons as shall destroy Felos de se and 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. SEC. 24. That the citizens have a right, in a peaceable Right of petition. 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. arms. SEC. 25. That the rights of the citizens to bear arms in The right to bear defense of themselves and the State shall not be questioned; but the General Assembly may pass laws to prevent persons from carrying concealed arms. SEC. 26. That no standing army shall, in time of peace, Standing armies. be kept up, without the consent of the General Assembly; and the military shall, in all cases and at all times, be in strict subordination to the civil power. quartered. SEC. 27. That no soldier shall, in time of peace, be quarSoldiers not to be tered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. SEC. 28. That the General Assembly shall not grant any Nobility and lim title of nobility or hereditary distinction, nor create any office, the appointment to which shall be for a longer time than for a term of years. itation of office. Emigration. SEC. 29. That emigration from the State shall not be prohibited. (i) For judicial interpretation and construction of this section, see 15 B. M., pp. 356 and 669; 17 B. M., p. 176; 1 Metcalfe, p. 319 (citing 4 Wheaton, p. 518; 2 Kent's Com., p. 108; 7 Dana, p. 184; 3 B. M., p. 90; 9 B. M., p. 308.) ers. SEC. 30. To guard against transgressions of the high pow- Exception out of the general 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. 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: continued. SEC. 1. That all the laws of this Commonwealth in force Laws and rights at the time of the adoption of this Constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if this Constitution had not been adopted. administered. SEC. 2. The oaths of office herein directed to be taken Oaths, by whom may be administered by any judge or justice of the peace, until the General Assembly shall otherwise direct. SEC. 3. No office shall be superseded by the adoption of this Constitution, but the laws of the State relative to the duties of the several officers, legislative, executive, judicial, and military, shall remain in full force, though the same be contrary to this Constitution, and the several duties shall be performed by the respective officers of the State according to the existing laws, until the organization of the government, as provided for under this Constitution, and the entering into office of the officers to be elected or appointed under said government, and no longer. No office shall be superseded by the adoption of this Constitution. SEC. 4. It shall be the duty of the General Assembly Duty of General Assembly that which shall convene in the year 1850 to make an appor- convenes in 1850. tionment of the representation of this State, upon the principle set forth in this Constitution; and until the first apportionment shall be made as herein directed, the apportionment of Senators and Representatives among the several districts and counties in this State shall remain as at present fixed by law: Provided, That on the first Monday in August, 1850, all Senators shall go out of office, and on that day an election for Senators and Representatives shall be held throughout the State, and those then elected shall hold their offices for one year, and no longer: heretofore taken. Provided further, That at the elections to be held in the year 1850, that provision in this Constitution which requires voters to vote in the precinct within which they reside, shall not apply. SEC. 5. All recognizances heretofore taken, or which may Recognizances be taken before the organization of the judicial department under this Constitution, shall remain as valid as though this Constitution had not been adopted, and may be prosecuted in the name of the Commonwealth. All criminal prosecutions and penal actions which have arisen, or may arise before the reorganization of the judicial department under this Constitution, may be prosecuted to judgment and execution in the name of the Commonwealth. Criminal prose cutions. "We, the representatives of the freemen of Kentucky, in convention assembled, in their name, and by the authority of the Commonwealth of Kentucky, and in virtue of the powers vested in us, as delegates from the counties respectively affixed to our names, do ordain and proclaim the foregoing to be the Constitution of the Commonwealth of Kentucky from and after this day. "Done at Frankfort this eleventh day of June, in the year of our Lord one thousand eight hundred and fifty, and in the fifty-ninth year of the Commonwealth." JAMES GUTHRIE, President of the Convention, and member from city of Louisville. ATTEST-THO. J. HELM, Secretary of the Convention. THO. D. TILFORD, Assistant Secretary. From the county of Adair-Nathan Gaither. From the county of Allen-George W. Mansfield. From the county of Anderson-George W. Kavanaugh. From the counties of Ballard and McCracken-Richard D. Gholson. From the county of Barren-John T. Rogers, Robert D. Maupin. From the county of Bath-James M. Nesbitt. From the county of Boone-Charles Chambers. From the county of Bourbon-Geo. W. Williams, Richard H. Hanson. From the county of Boyle-Albert G. Talbott. From the county of Bracken-William C. Marshall. From the counties of Breathitt and Morgan-John Hargis. From the county of Bullitt-William R. Thompson. From the counties of Butler and Edmonson- Vincent S. Hay. From the county of Caldwell-Willis B. Machen. From the counties of Calloway and Marshall-Edward Curd. From the county of Campbell-Ira Root. From the counties of Carroll and Gallatin-John T. Robinson. From the counties of Carter and Lawrence-Thos. J. Hood. From the county of Casey-Jesse Coffey. From the county of Christian.-John D. Morris, Ninian E. Gray. From the county of Clark-Andrew Hood. From the counties of Clay, Letcher, and Perry—James H. Garrard. From the counties of Cumberland and Clinton-Michael L. Stoner. From the county of Crittenden-Henry R. D. Coleman. From the counties of Estill and Owsley-Luther Brawner. From the county of Fayette-James Dudley, Robert N. Wickliffe. From the county of Fleming-Will. W. Blair. From the counties of Floyd, Pike, and Johnson-James M. Lackey. From the county of Franklin-Thomas N. Lindsey. From the county of Grant-William Hendrix. From the county of Graves-Richard L. Mayes. From the county of Grayson-John J. Thurman. From the county of Green-Thomas W. Lisle. From the county of Hardin-Thos. D. Brown, Jas. W. Stone. From the county of Henderson-Archibald Dixon. From the county of Henry-Elijah F. Nuttall. From the counties of Hickman and Fulton-Thomas James. From the county of Hopkins-William Bradley. From the county of Jefferson-David Meriwether, William C. Bullitt. From the county of Jessamine-Alexander K. Marshall. From the county of Kenton-John W. Stevenson. |