USA > Kentucky > The story of Kentucky > Part 17
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1875. The Kentucky Central Railroad chartered - March 20. Dem. ocratic State Convention met at Frankfort. Declared against Federal interference and local affairs - May 6. Republican State Convention met at Louisville. Declared for a revision of the Constitution - May 13. The people defeated by a large majority a proposition to revise the Constitution - August 2. A State Educational Convention held at Lev. ington for the purpose of creating an interest in the education of the negroes. Surveyors determined the boundary between Ohio and Indiana -- November 10.
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1876. A Bureau of Agriculture, Horticulture and Statistics established. A Fish Commission appointed for stocking the ponds and rivers. Repub- licans held a convention at Louisville to choose delegates for National Con- vention - May IS. Democratic Convention at Louisville for the same purpose - May 25. The Prohibitionists met at Louisville - July 27.
1877. A Convention of Democrats, the largest ever held in the State, declared their belief that Tilden was the lawful president of the U. S. Recommended a peaceful solution of the difficulty - January IS. A con- vention held at Frankfort to consider the subject of the improvement of the navigation of the Mississippi River -- February. Cincinnati Southern Rail. road opened from Cincinnati to Somerset- July 21. Employes of the Louisville and Nashville Railroad struck at Louisville - July 23. A riot broke out and an unsuccessful attempt was made to fire the railroad offices. Easily put down without the military - July 24. Memphis and Ohio Rail- road consolidated with the Louisville and Nashville - October 9.
1878. Legislature passed an act for calling a Constitutional Convention. A Civil "Damage " act passed enabling family of an inebriate to obtain damages of the liquor dealer. State Board of Health established. The citizens of Fayette County held a public meeting in favor of re-establishing the whipping-post. The House passed a bill to this effect but it failed by one vote in the senate - January. Scenes of bloodshed for many days in Breathitt County where the sheriff was attacked by a mob. Circuit court broken up. A military force sent by the governor - November 29.
1879. Great excitement over the murder of John M. Elliott, one of the judges of the Court of Appeals by Thomas Buford - March 26. Demo- cratic convention met at Louisville - May 2. Republican State Convention met at Louisville. The Legislature voted down a proposition for a con- stitutional convention -- April 10. A majority of the people voted down a revision of the Constitution. State Convention of colored teachers held at Louisville memorialized the Legislature on the defects of the common school system. The bee industry in the State almost destroyed by drought - August 27. State Guards which were sent to quell disturb- ances in Breathitt County returned with thirteen of the ringleaders - December.
1880. A Bureau of Immigration was created - April." Cincinnati South- ern Railroad completed to Chattanooga, Tenn. The calling of a Constitu- tional Convention submitted to a vote of the people. A railroad comniis- sion created. Gov. Blackburn pardoned numerous convicts to relieve the crowded condition of the prison. Considerable temperance legislation passed. The " regulators " did much damage in several counties. Finally gave themselves up to the civil authorities of their own accord - February 12. The people voted against a constitutional convention - August.
188r. A number of farmers from the canton Bern, Switzerland, settled near Pittsburg. Laurel County, and named their village Bernstadt. A State Prohibition party organized at Lonisville. Common school laws thoroughly revised - October 14. The Elizabethtown, Lexington and Big Sandy Rail-
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road opened to the Big Sandy River. Louisville and Nashville Railroad purchased and absorbed various other lines - November I.
1882. Secretary of the Immigration Bureau sent to Europe to solicit immigration. He was successful. An act passed establishing a superior court to be held in Frankfort. Another vote in favor of submitting th Constitutional Convention question to the people. The Democratic State Convention met at Frankfort - January II. Kentucky ministers held 2 temperance convention and resolved for prohibition - February 15. One hundredth anniversary of the Battle of Blue Licks celebrated - August 10. State troops guarding prisoners were attacked by a mob. Several of the troops wounded and many of the mob wounded and killed - October 31.
1883. The Livingston Extension of the Kentucky Central completed to Richmond, Ken. A convention of representative men, irrespective of party, held at Frankfort to organize a movement against illiteracy - April 5 Democratic State Convention at Louisville - May 16. Republican State Convention met at Lexington - May 23. Constitutional Convention de- feated. The Southern Exposition was held at Louisville - August 1. An adjourned meeting held. Geological survey of the State completed in its general features - September 20. National convention of colored men met at Louisville - September 24.
1884. Kentucky Central leased the Richmond Branch of the Louisville and Nashville Railroad. Republican State Convention in Louisville chose delegates for the National Convention. Demanded the enforcement of the constitutional amendments, a "free ballot, a fair count" and protection - May r. Democratic convention at Frankfort chose its presidential dele- gates and declared for a tariff for revenue only - May 7. Livingston Ex- tension was formally opened. Liquor selling prohibited in certain localities. Institution for colored deaf mutes established. Kentucky Humane Society incorporated. Another act submitting Constitutional Convention to the people. School laws amended and thereby much improved - August 9.
1885. People voted against a Constitutional Convention. Seventy to ninety militia kept on active duty in Rowan County for several weeks dur. ing the summer - August 3.
1886. The Elizabethtown, Lexington and Big Sandy Railroad leased to the Newport News and Mississippi River Valley Railroad. Legislatur . again gave the people a chance to vote on the Constitutional Convention. Appropriated one hundred and twenty two thousand dollars for the com. pletion of the penitentiary at Eddystone. Made gambling a felony - February.
1887. Prohibitionist Convention at Louisville. Among other things ad- vocated a sovereignty convention - March 3. Kentucky Central Railroad Company reorganized as the Kentucky Central Railway Company. The colored Normal School dedicated and opened. The disgraceful disturbaner in Rowan County continued - April 23. The Democratic Convention met. Declared against competition between free and convict labor - May 4 The Republican Convention met. Declared for internal improvements at!
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unlimited pensions - May It. The people voted in favor of calling a Con- stitutional Convention - August.
1888. The inhabitants of Pike County, Ky., petitioned the governor for arms and ammunition to defend themselves against attacks from West Virginia. Kentucky State troops were stationed at Pikeville. The trouble began in 1882 in a family feud between the McCoys of Pike County and the Hatfields of Logan County, W. Va. Murders and bloody engagements between armed bands frequent - January. "Honest Dick Tate " (the State Treasurer) suspended from office by Gov. Buckner after twenty years con- tinuous service for defalcation to the extent of two hundred and thirty thou- sand dollars - March 20. Removed from office by the Senate acting as a court of impeachment. The Rowan County disturbances investigated by a commission. Judge Cole severely censured, but allowed to retain his office - March 30. Maysville and Big Sandy Railroad completed. Also Louis- ville, St. Louis and Texas. The Legislature ordered the second election by the people in August, 1889, on the Constitutional Convention. One hun- dred and fifty thousand dollars more appropriated to the Eddyville Peni- tertiary. Made " Memorial Day " a legal holiday.
1890. Constitutional Convention met at Frankfort - September.
A large number of Kentuckians have held political places of honor and responsibility. She has furnished two Presidents of the United States : Abraham Lincoln and Zachary Taylor, and one President of the Confed- eracy : Jefferson Davis.
Two Vice-Presidents : John C. Breckenridge and Richard M. Johnson. Also two Acting Vice-Presidents : David R. Atchison (while Senator from Missouri) and Jesse D. Bright (while Senator from Indiana).
Two Secretaries of State : Henry Clay and James G. Blaine (who taught in Kentucky in early manhood and found his wife there).
Four Secretaries of the Treasury : Geo. M. Bibb, Thomas Convin, James Guthrie, Benj. H. Bristow.
Three Secretaries of War: Jefferson Davis, Joseph Holt, Isaac Shelby (declined).
One Confederate Secretary of War : John C. Breckenridge.
One Secretary of the Navy : Richard W. Thompson.
One Secretary of the Interior : Orville H. Browning.
Six Postmaster.Generals : Wm. F. Barry, Montgomery Blair, Joseph Holt, Amos Kendall. John McLean, Chas. A. Wickliffe.
Six Attorney-Generals : John C. Breckenridge, John J. Crittenden, Felix Grundy, James Speed. Henry Stanberry and George M. Bibb.
Seven Judges of the Supreme Court of the United States : John Ca- tron, John McLean, John McKinley, Sam. F. Miller, Thomas Todd. Robt. Trimble, J. M. Harlan. Also numerous U. S. Judges and Judges of the Supreme Courts of other States, and one, Lorin Andrews, Judge of the Supreme Court of the Sandwich Islands.
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Two Presidents of the Senate : J. C. Breckenridge and Richard M. John. son, and four Presidents pro tem. of Senate : David R. Atchison, Jesse I). Bright, John Brown, John Pope.
Six Speakers of the House : Linn Boyd, Henry Clay, John White, James G. Blaine, Michael C. Kerr and John G. Carlisle.
She has also furnished many senators and representatives of other States as well as governors. Many of her citizens have been sent on im- portant foreign missions. During her history she has given to the army among others Gen. Taylor (Mexican War), Gen. Anderson (Fort Sumter) and Generals Albert Sidney Johnston, Buckner, Hood, Duke and Morgan (Civil War).
THE PEOPLE'S COVENANT
AS EMBODIED IN THE CONSTITUTION OF THE STATE OF KENTUCKY.
[NOTE: - A Constitutional Convention to determine the question of a thorough revision of the State Constitution was in session at Frankfort, Kentucky, when this book went to press. The epitome here presented is from the Constitution of 1850.]
THE people petitioned for a separation of the district of Kentucky as a State, as early as May 31, 1785, but they had much to contend with, and it was not till April 19, 1792, that the first Constitution was adopted.
There have been three separate Constitutions of the State of Kentucky ; the first provided for a Governor to be chosen for four years; a General Assembly, consisting of a Senate; House of Representatives; and a Supreme Court, styled the Court of Appeals.
The second Constitution was adopted on the first of June, 1800. It created a Lieutenant-Governor, and made an attempt to gradually abolish slavery but without effect. The second Constitution remained in force for nearly half a century, without amendment.
On account of a desire for a change in the Constitution, especially with regard to the Judiciary system, a new Constitution was approved and adopted June 11, 1850. This third and last Constitution has remained in use up to the present time, and is composed of a preamble and thirteen articles, each article being divided into many sections.
PREAMBLE.
We, the Representatives of the people of the State of Kentucky, in con- vention assembled, to secure to all citizens thereof the enjoyment of the rights of life, liberty and property, and of pursuing happiness, do ordain and establish this Constitution for its government.
ARTICLE ONE concerns the distribution of the powers of government.
Section t creates three distinct Departments ; the Legislature ; the Execu- tive; and the Judiciary.
Section 2 declares that persons belonging to one department, shall not exercise the powers of another.
ARTICLE Two concerns the Legislative Department.
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THE CONSTITUTION.
Section 1. Legislative power shall be vested in a House of Representa- tives and Senate, to be known as the General Assembly of the Common- wealth of Kentucky.
Section 2. Time of service of Representatives to be two years from day of general election.
Section 3. Elections biennial, and held on the first Monday in August ; mode of holding election to be regulated by law.
Section 4. To become a Representative one must be a citizen of U. S. at time of election ; twenty-one years old; must have lived, the two years preceding his election, in the State, and the last year in the county, town, or city from which he is chosen.
Section 5. Counties must be divided into election districts; cities and towns to be allowed separate representation in the General Assembly, so long as each city or town has a number of qualified voters equal to the ratio then fixed; and such city or town shall be divided into districts for Representatives and. Senators according to the number of Representatives and Senators entitled to such city or town.
Sections 6 to 34 provide for the representation in the House and Senate of the voters in the Commonwealth ; the officers of the House and Senate ; privileges of voters; term of Senators -four years; time of meeting of General Assembly - first Monday in November ; rules - punishments or expulsion of members; journals to be published weekly ; pay of members ; clergymen and officers under U. S. not to hold office; the passage of bills ; credit of Commonwealth not to be given or loaned in aid of corporations.
Section 35 declares the objects for which debts of the General Assem- bly may be allowed - to meet casual deficits of revenue not to exceed at any time five hundred thousand dollars; the State may contract debts to repel invasion, suppress insurrection, or provide for the public defense.
Sections 37 and 38. No law enacted by the General Assembly shall relate to more than one subject, and that shall be expressed in title.
ARTICLE THREE concerns the Executive Department.
Sections 1 to 14 fix the term of the Governor - four years ; declare that he is not eligible for the succeeding term; that one holding the office must be thirty-five years old, a citizen of the U. S., and must have been a resident of the State for the last six years preceding his election; that no member of Congress, no officer of the U. S., nor minister of any religious society shall be Governor; that the Governor shall be Commander-in-chief of the army and navy of the Commonwealth, and of the militia thereof. except when they shall be called into the service of the U. S. He shall not command, personally, in the field unless advised to do so by a resolution of the General Assembly; authorize the Governor to fill vacancies in office : give him the pardoning power; declare that he may require information, in writing, from the officers in the Executive Department ; provide for con- vening Legislature in certain cases, and for adjourning it in certain cases.
Sections 15 to 19 provide for the election of Lieutenant-Governor ; he shal: be Speaker of the Senate, give the casting vote, shall act as Governor when
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THE CONSTITUTION.
the latter is removed from office, impeached, dies, resigns or is absent from the Senate; in such a case a Speaker of the Senate is elected and if the Lieutenant-Governor is removed from office of Governor, the Speaker acts as Governor; Provided that, whenever a vacancy shall occur in the office of Governor, before the first two years of the term shall have expired, a new election for Governor shall take place.
Section 20 declares that the Secretary of State shall convene the Senate for the purpose of choosing a Speaker, when the Lieutenant-Governor, after assuming the office of Governor, shall die or be removed from such office during a recess of the General Assembly.
Section 21 declares that the Governor shall nominate, by and with the advice of the Senate, and appoint a Secretary of State.
Sections 22 and 23 grant veto power to the Governor.
Sections 24 and 25 provide for the contested elections of Governor and LieutenantGovernor; for the election of a Treasurer, an Auditor of Public Accounts, Register of the Land Office, and Attorney-General.
Section 26 declares that the first election under this Constitution for Gor- ernor, Lieutenant-Governor, Treasurer, Auditor of Public Accounts, Regis- ter of the Land Office, and Attorney-General shall be held on the first Monday in August, in the year 1851.
ARTICLE FOUR concerns the Judicial Department.
Section 1. The judicial power of this Commonwealth is vested in one Supreme Court (styled the Court of Appeals), the courts established by this Constitution, and such courts, inferior to the Supreme Court, as the General Assembly may, from time to time, erect and establish.
Sections 2 to 15 provide for the jurisdiction of the Court of Appeals; term of Judges, their removal and salary; how the court is composed ; provide for the Judicial Districts -vacancies - case of change in number of Judges - classification of Judges ; for election to fill vacancies -appointment if less than one year fot qualifications of a Judge, sessions, where held ; elec- tions ; clerks -term -- District Clerks - qualifications of clerks; addi- tional Judge or Judges.
Sections 16 to 28 deal with the Circuit Courts.
Sections 29 to 41 deal with the County Courts.
ARTICLE FIVE concerns Impeachments.
Section 1. The House has sole power of impeachment.
Section 2. Impeachments shall be tried by the Senate, and Senators shall be on oath or affirmation ; two thirds of the members present must concur to convict.
Section 3 declares that the Governor and all civil officers shall be liable to impeachment, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit under the Commonwealth. But the party convicted shall, never- theless, be subject and liable to indictment, trial and punishment by law.
ARTICLE SIX concerns Executive and Ministerial Officers for Coun- ties and Districts.
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THE CONSTITUTION.
Sections 1 to 9 provide for the Commonwealth's Attorneys ; Clerks of the Courts; Surveyor ; Coroner; their qualifications and provide for their elec- tions ; Sheriff - term -not eligible for second term ; Constables -- term ; officers for towns and cities ; provide for vacancies in offices ; require County Officers to give security for proper performance of their duties.
Section 10 provides for the appointment of other County or District ministerial and executive officers.
Section 1I provides for the election of County Assessors and their assistants.
ARTICLE SEVEN concerns the Militia.
Section 1 declares that all free, able-bodied, male persons in the State shall serve in the militia when called; exempts negroes, mulattoes, and Indians from such service; also those belonging to religious societies whose tenets forbid them to carry arms, but the latter shall pay an equivalent for personal services.
Section 2. The Governor shall appoint the Adjutant-General, and other staff officers; the Major-Generals, Brigadier-Generals, and commandants of regiments shall, respectively, appoint their staff officers ; and commands of companies shall appoint their non-commissioned officers.
Section 3 declares that all other officers shall be elected by persons sub- ject to military duty, within their respective companies, battalions, regiments. brigades and divisions, under such rules, and for such terms, not exceeding six years as the General Assembly may direct.
ARTICLE EIGHT concerns General Provisions.
Section I declares that all members of the General Assembly, and all other officers shall swear (or affirm) to support the Constitution of the U. S., and the Constitution of the State; to faithfully perform the duties of the office : that, since this Constitution was adopted, he has not fought a duel with deadly weapons, nor taken any part in such duel.
Section & declares treason against the Commonwealth to consist only iu levying war against it, or in adhering to its enemies; that no person shall be convicted of treason, unless on the testimony of two witnesses, or on his own confession.
Section 3 disqualifies any person from office who has offered any bribe, or treat. to procure his election.
Section 4 extends this bar from office and suffrage to include any person thereafter convicted of bribery, perjury. forgery, or other high crime.
Section 5 asserts that no money shall be drawn from the treasury except by law ; limits appropriations for the support of the army to two years.
Section 6 declares that the General Assembly may direct, by law, in what manner, and in what courts, suits may be brought against the Common- wealth.
Section 7 declares that the manner of administering the oath of office shall be in accordance with the conscience of the person assuming office, and shall be esteemed by the General Assembly the most solemn appeal to God.
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THE CONSTITUTION.
Sections 8 and 9 declare that all laws in existence in the State of Virginia on the first day of June, 1792, and not repugnant to the present Constitution of Kentucky shall be in force ; and the compact with the State of Virginia, shall be considered as part of this Constitution.
Section 10 provides for the arbitration of differences.
Section II declares that civil officers of the Commonwealth, at large, shall reside within the State; district, county, or town officers within their dis- tricts, and that they shall keep their offices in such places therein, as may be required by law.
Section 12 declares that absence on business of State or U. S. does not forfeit one's rights.
Section 13. The General Assembly shall regulate, by law, what deductions shall be made from the salaries of public officers for neglect of duty.
Section 14 asserts that returns of elections by the people shall be made to the Secretary of State.
Section 15 declares that all elections by the people, and by the Senate and House shall be by viva voce vote ; all dumb persons entitled to suffrage may vote by ballot.
Section 16. All elections by the people to be held between six o'clock in the morning and seven in the evening.
Section 17 declares that time for entering upon office shall be fixed by law.
Section IS declares that members of Congress etc. are not eligible to Gen- eral Assembly - nor to any State office.
Section 19 provides that the General Assembly shall direct, by law, how those who become securities for public offices may be relieved of such security.
Section 20 declares that dueling disqualifies one from holding office or honor in the State, and any person engaging therein shall be punished.
Section 21 gives power to the Governor to pardon after five years from time of offense any person connected with a duel, and to restore him to all his rights, and the oath prescribed in the first section of this article shall be varied to suit the case.
Section 22 provides for the appointment of three lawyers, at the first session, after the adoption of this constitution, to revise the statute laws of this Commonwealth so that there will be but one law on any one subject : for the appointment of three other lawyers to prepare a code of practice for the courts, civil and criminal.
Section 23 provides for the election of a President of the Board of Internal Improvement.
Section 24 declares that the General Assembly shall provide by law for the trial of any contested election of Auditor, Register, Treasurer, Attorney- General, Judge of Circuit Courts. etc .. not otherwise herein specified.
Section 25 declares that the General Assembly shall provide, by law, for the making of the returns of the election of all officers to be elected under this Constitution ; and the Governor shall issue commissions to such officers as soon as he has ascertained the result of their election.
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THE CONSTITUTION.
Section 26 provides for the filling of vacancies of all officers under the Constitution.
ARTICLE NINE concerns the seat of government :
The seat of government shall continue in the city of Frankfort until re- moved by law.
ARTICLE TEN concerns Slaves :
.Section I declares that the General Assembly shall not pass any laws for emancipation, without payment to owners of slaves. It shall not pro- hibit the importation of slaves from other States by immigrants - nor allow emancipation to the prejudice of creditors - nor import slaves as mer- chandise ; slaves must be treated with humanity, must be protected and provided for.
Section 2 asserts that laws may be passed for punishing free negroes im- migrating to State, or remaining after emancipation.
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