USA > Kentucky > A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume I > Part 67
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
463
46-
HISTORY OF KENTUCKY AND KENTUCKIANS
to the proposition was secured and, in ac- cordance with the demands of the exasting constitution, the question was a second time submitted to the voters of the state, and af- firmatively answered. The legislature of 1889-90, in accordance with this expression of the popular will and the requirements of the constitution. ordered the election of one hundred delegates to be chosen in the several legislative districts, who being thus selected, were to meet in the capitol at Frankfort on the 8th day of September. 1890, to so amend
invidiously select the competent from the in- competent is a task from which the author excuses himself. It is enough to say that, as is usual in the selection of men for legislative or kindred duties, there were some chosen who apparently had special interests to repre- sent, while there were others who took ad- vantage of their high position to wreak pri- vate 'vengeance, when opportunity presented or they could invent it.
When the convention assembled it was called to order by the Hon. Simon Bolivar
COURT HOUSE, LOUISVILLE
or change the old constitution as to them might seem proper.
The necessary elections were held on the one hundred legislative districts of the state, and the delegates thus chosen assembled in the house of representatives on Monday, Sep- tember 8. 1890. Among these delegates were some men of distinction admirably adapted to the high duties incumbent upon them. Of certain others, it is at least charitable to state that they might better have been allowed to remain at home in the midst of the constitu- ents who had mistakenly chosen them. To
Buckner, governor of Kentucky, who had been wisely chosen as their delegate by the good people of his native county of Hart. Sitting as another delegate was the late J. Proctor Knott who, after an illustrious career of many years in congress, had served a term as the faithful and honored governor of Ken- ticky, and who as the delegate from Marion county, held his last public position.
George Washington, a kinsman of the first president, was chosen as temporary chair- man of the convention. In presenting him to the convention, Governor Buckner said:
465
HISTORY OF KENTUCKY AND KENTUCKIANS
"Gentlemen of the convention: I have the ity over those opposing adoption being in pleasure of presenting as your temporary round numbers 130,000. chairman, the Hon. George Washington, of Campbell county, whose name is sufficient to indicate the patriotic purpose which has led to his selection."
The permanent organization of the con- vention was as follows:
President, Cassius MI. Clay, Jr., of Bourbon. Secretary, Thomas G. Poore, of Hickman.
Assistant secretary, James B. Martin of Barren.
Reading clerk. James E. Stone, of Breck- inridge.
Reporter, Clarence E. Walker, of Louis- ville.
Sergeant-at-arms, Robert Tyler of Bullitt.
Doorkeeper, Richard T. Haley, of Louis- ville.
Janitor, Todd Hall, of Clark.
This constitutional convention will long live in history as the most loquacious body that ever assembled in the state, yet the debates were. in the main, conducted by a compara- tively small number of the delegates. It re- quired twenty-five pages of the index to the debates to record the number of speeches and motions made by one single delegate ; half as many for another, and so on and on, until one is bewildered in attempting to realize the extent of the patience of the less talkative delegates, who sat in their seats and helplessly endured the ceaseless flow of what can be termed eloquence only by a strain upon the imagination. But all things earthly must have an end and the convention, after filling with its debates four large volumes. numbering. with the index, 6,480 pages, finally adopted a constitution which was ordered submitted to the people for their approval or disapproval, and on Monday, September 28, 1891, one year and twenty days after assem- bling, adjourned sine die.
The popular vote on accepting the new or- ganic law was largely in its favor, the major- Vol. I-30.
As perhaps not more than ten voters in each thousand of that large majority had ever seen the new constitution at the time of voting for its adoption, or since that time, an official copy of that instrument is inserted here, with its excellencies and its crudities, in order that the reader may conclude for himself whether or not the new instrument is worth what it cost to make it, and what it has continued to cost the state by reason of its provisions in relation to the matter of taxation.
CONSTITUTION OF KENTUCKY. PREAMBLE.
We, the people of the Commonwealth of Ken- tricky, grateful to Almighty God for the civil, politi- cal and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.
BILL OF RIGHTS.
That the great and essential principles of liberty and free government may be recognized and estab- lished, We Declare that :
Section I. All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned :
First: The right of enjoying and defending their lives and liberties.
Second: The right of worshiping Almighty God according to the dictates of their consciences.
Third: The right of seeking and pursuing their safety and happiness.
Fourth : The right of freely communicating their thoughts and opinions.
Fifth: The right of acquiring and protecting property.
Sixth : The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of gov- crnment for redress of grievances or other proper purposes, by petition, address or remonstrance.
Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent per- sons from carrying concealed weapons.
Section 2 Absolute and arbitrary power over the
466
HISTORY OF KENTUCKY AND KENTUCKIANS
lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
Section 3. All men, when they form a social compact, are equal ; and no grant of exclusive, sep- arate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Constitui- tion ; and every grant of a franchise, privilege or ex- emption, shall remain subject to revocation, altera- tion or amendment.
Section 4. All power is inherent in the people. and all free governments are founded on their authority and instituted for their peace, safety, hap- piness and the protection of property. For the ad- vancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.
Section 5. No preference shall ever be given by law to any religious sect, society or denomination ; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to con- tribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion ; nor shall any man be compelled to send his child to any school to which he may be conscien- tiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority sball, in any case whatever, control or interfere with the rights of conscience.
Section 6. All elections shall be free and equal.
Section 7. 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.
Section 8. Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of govern- ment, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being respon- sible for the abuse of that liberty.
Section 9. In prosccutions 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 indict- ments for libel the jury shall have the right to deter- mine the law and the facts, under the direction of the court, as in other cases.
Section 10. The people shall be secure in their persons, houses, papers and possessions, from un- reasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.
Section 11. In all criminal prosecutions the ac- cused has the 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, and to have compulsory process for obtain- ing witnesses in his favor. He can not be compelled to give evidence against himself, nor can he be de- prived of his life, liberty or property, unless by the judgment of his peers or the law of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may pro- vide by a general law for a change of venue in such prosecutions for both the defendant and the Com- monwealth, the change to be made to the most con- venient county in which a fair trial can be obtained.
Section 12. No person, for an indictable offense, shall 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 court for op- pression or misdemeanor in office.
Section 13. No person shall, for the same of- fense, 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 representa- tives, and without just compensation being pre- viously made to him.
Section 14. All courts shall be open and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
Section 15. No power to suspend laws shall be exercised, unless by the General Assembly or its au- thority.
Section 16. All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great ; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.
Section 17. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.
Section 18. The person of a debtor, where there is not strong presumption of fraud. shall not be con- tinted in prison after delivering up his estate for
467
HISTORY OF KENTUCKY AND KENTUCKIANS
the benefit of his creditors in such manner as shall be prescribed by law.
Section 19. No ex post facto law, nor any law impairing the obligation of contracts, shall be enacted.
Section 20. No person shall be attainted of trea- son or felony by the General Assembly, and no at- tainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.
Section 21. The estate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.
Section 22. No standing army shall, in time of peace, be maintained 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; nor shall any soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a man- ner prescribed by law.
Section 23. The General Assembly shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment of which shall be for a longer time than a term of years.
Section 24. Emigration from the State shall not be prohibited.
Section 25. Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly con- victed.
Section 26. To guard against transgression of the high powers which we have delegated, We De- clare that every thing in this Bill of Rights is ex- cepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.
DISTRIBUTION OF THE POWERS OF GOVERNMENT.
Section 27. The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to-wit : Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
Section 28. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
LEGISLATIVE DEPARTMENT.
Section 29. The legislative power shall be vested in a House of Representatives and a Senate, which, together, shall be styled the "General Assembly of the Commonwealth of Kentucky."
Section 30. Members of the House of Represen- tatives and Senators elected at the August election in one thousand eight hundred and ninety-one, and Senators then holding over, shall continue in office until and including the last day of December, one thousand eight hundred and ninety-three. There- after the term of office of Representatives and Sena- tors shall begin upon the first day of January of the year succeeding their election.
Section 31. At the general election in the year one thousand eight hundred and ninety-three one Senator shall be elected in each Senatorial District, and one Representative in each Representative Dis- trict. The Senators then elected shall hold their offices, one-half for two years and one-half for four years, as shall be determined by lot at the first ses- sion of the General Assembly after their election, and the Representatives shall hold their offices for two years. Every two years thereafter there shall be elected for four years one Senator in each Sena- torial District in which the term of his predecessor in office will then expire, and in every Representative District one Representative for two years.
Section 32. No person shall be a Representative who, at the time of his election, is not a citizen of Kentucky, has not attained the age of twenty-four years, and who has not resided in this State two years next preceding his election, and the last year thereof in the county, town or city for which he may be chosen. No person shall be a Senator who, at the time of his election, is not a citizen of Ken- tucky, has not attained the age of thirty years, and has not resided in this State six years next preced- ing his election, and the last year thereof in the dis- trict for which he may be chosen.
Section 33. The first General Assembly after the adoption of this Constitution shall divide the State into thirty-eight Senatorial districts, and one hun- dred Representative districts, as nearly equal in popu- lation as may be without dividing any county, ex- cept where a county may include more than one dis- trict, which districts shall constitute the Senatorial and Representative districts for ten years. Not more than two counties shall be joined together to form a Representative district : Provided, In doing so the principle requiring every district to be as nearly equal in population as may be shall not be violated. At the expiration of that time, the General Assem-
468
HISTORY OF KENTUCKY AND KENTUCKIANS
bly shall then, and every ten years thereafter, re- district the State according to this rule, and for the purposes expressed in this section. If, in making said districts, inequality of population should be 1In- avoidable, any advantage resulting therefrom shall be given to districts having the largest territory. No part of a county shall be added to another county to make a district, and the counties forming a district shall be contiguous.
Section 34. The House of Representatives shall choose its Speaker and other officers, and the Senate shall have power to choose its officers hiennially.
Section 35. The number of Representatives shall be one hundred, and the number of Senators thirty- eight.
Section 36. The first General Assembly, the mem- bers of which shall be elected under this Constitu- tion, shall meet on the first Tuesday after the first Monday in January, eighteen hundred and ninety- four, and thereafter the General assembly shall meet on the same day every second year, and its sessions shall be held at the seat of government. except in case of war, insurrection or pestilence, when it may, by proclamation of the Governor, assemble, for the time being, elsewhere.
Section 37. 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 by law
Section 38. Each House of the General Assem- bly 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.
Section 39. Each House of the General Assem- bly 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, and may punish for contempt any person who refuses to at- tend as a witness, or to bring any paper proper to be used as evidence before the General Assembly, or either House thereof, or a Committee of either. or to testify concerning any matter which may be a proper subject of inquiry by the General Assembly, or offers or gives a bribe to a member of the Gen- eral Assembly, or attempts by other corrupt means or device to control or influence a member to cast his vote or withhold the same. The punishment and mode of proceeding for contempt in such cases shall be prescribed by law, but the term of imprisonment
in any such case shall not extend beyond the ses- sion of the General Assembly.
Section 40. Each House of the General Assem- bly shall keep and publish daily a journal of its proceedings : and the yeas and nays of the members on any question shall, at the desire of any two of the members elected, be entered on the journal.
Section 41. 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 it may be sitting.
Section 42. The members of the General Assem- bly shall severally receive from the State Treasury compensation for their services, which shall be five dollars a day during their attendance on, and fifteen cents per mile for the necessary travel in going to and returning from, the sessions of their respective Houses : Provided, The same may be changed by law : but no change shall take effect during the ses- sion at which it is made ; nor shall a session of the General Assembly continue beyond sixty legislative days. exclusive of Sundays and legal holidays; but this limitation as to length of session shall not ap- ply to the first session held under this Constitution, nor to the Senate when sitting as a court of impeach- ment. A legislative day shall be construed to mean a calendar day
Section 43. The members of the General Assem- bly shall, in all cases except treason, felony, breach or surety of the peace. be privileged from arrest during their attendance on the sessions of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
Section 44 No Senator or Representative shall. during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit in this Commonwealth, which shall have been created, or the emoluments of which shall have been increased, during the said termi, except to such offices as may be filled by the election of the people
Section 45. No person who may have been a col- lector of taxes or public moneys for the Common- wealth, or for any county, city, town or district, or the assistant or deputy of such collector, shall be eligible to the General Assembly, unless he shall have obtained a quietus six months before the elec- tion for the amount of such collection, and for all public moneys for which he may have been responsible.
Section 46. No bill shall be considered for final passage, unless the same has been reported by a
469
HISTORY OF KENTUCKY AND KENTUCKIANS
Committee and printed for the use of the members. Every bill shall be read at length on three different days in each House; but the second and third read- ings may be dispensed with by a majority of all the members elected to the House in which the bill is pending. But whenever a Committee refuses or fails to report a bill submitted to it in a reasonable time, the same may be called up by any member, and be considered in the same manner it would have been considered if it had been reported. No bill shall become a law unless, on its final passage, it receives the votes of at least two-fifths of the members elected to each House, and a majority of the mem- bers voting, the vote to be taken by yeas and nays and entered in the journal: Provided, Any act or resolution for the appropriation of money or the creation of debt shall, on its final passage, receive the votes of a majority of all the members elected to each House.
Section 47. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments thereto: Provided, No new matter shall be introduced, under color of amendment, which does not relate to raising revenue.
Section 48. The General Assembly shall have no power to enact laws to diminish the resources of the Sinking Fund as now established by law until the debt of the Commonwealth be paid, but may enact laws to increase them; and the whole resources of said fund, from year to year, shall be sacredly set apart and applied to the payment of the interest and principal of the State debt, and to no other use or purpose, until the whole debt of the State is fully satisfied.
Section 49. The General Assembly may contract debts to meet casual deficits or failures in the rev- enue : but such debts, direct or contingent, singly or in the aggregate, shall not at any time exceed five hundred thousand dollars, and the moneys arising from loans creating such debts shall be applied only to the purpose or purposes for which they were ob- tained, or to repay such debts: Provided, The Gen- eral Assembly may contract debts to repel invasion, suppress insurrection, or, if hostilities are threatened. provide for the public defense.
Section 50. No act of the General Assembly shall authorize any debt to be contracted on behalf of the Commonwealth except for the purposes men- tioned in section forty-nine, unless provision he made therein to levy and collect an annual tax sufficient to pay the interest stipulated, and to dis- charge the debt within thirty years; nor shall such act take effect until it shall have been submitted to the people at a general election, and shall have re- ceived a majority of all the votes cast for and
against it: Provided, The General Assembly may contract debts by borrowing money to pay any part of the debt of the State, without submission to the people, and without making provision in the act authorizing the same for a tax to discharge the debt so contracted, or the interest thereon.
Section 51. No law enacted by the General As- sembly shall relate to more than one subject, and that shall be expressed in the title, and no law shall be revised, amended, or the provisions thereof ex- tended or conferred by reference to its title only, but so much thereof as is revised, amended, extended or conferred, shall be re-enacted and published at length.
Section 52. The General Assembly shall have 110 power to release, extinguish, or authorize the releas- ing or extinguishing, in whole or in part, the indeht- edness or liability of any corporation or individual to this Commonwealth, or to any county or municipality thereof.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.