shall be commissioned during good behavionr, and during their residence in the bounds of the battalion or company to which they shall be appointed.

"Sec. 5. Each court shall appoint its own clerk, who shall hold his office during good behaviour; but no person shall be appointed clerk only pro tempore, who shall not produce to the court appointing him, a certificate from a majority of the judges of the court of appeals, that he hath been examined by their clerk in their presence, and under their direction, and that they judge him to be well qualified to execute the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behaviour, by the court of appeals only, who shall be judges of the fact as well as of the law: two-thirds of the members present must concur in the sentence.

"Sec. 6. All commissions shall be in the name and by the authority of the state of Kentucky, and be sealed with the state seal, and signed by the governor.

"Sec. 7. The state treasurer shall be appointed annually by the joint ballot of both houses.

"ARTICLE VII.-Sec. 1. Members of the general assembly, and all officers executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or affirmation:

"I do solemnly swear (or affirm, as the case may be) that I will be faithful and true to the commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute to the best of my abilities the office of

according to law.'

"ARTICLE VIII.-Sec. 1. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his own confession in open court.

"Sec. 2. Laws shall be made to exclude from office and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery or other high crimes or misdemeanors: the

privilege of free suffrage, shall be supported by laws regulating elections, and prohibiting under adequate penalties, all undue influence thereon from power, bribery, tumult or other improper practices.

"Sec. 3. No money shall be drawn from the treasury, but in consequence of appropriations made by law, nor shall any appropriations of money for the support of an army, be made for a longer term than one year, and a regular statement and account of the receipts and expenditures of all public money, shall be published annually.

"Sec. 4. The legislature shall direct by law, in what manner and in what courts, suits may be brought against the commonwealth.

"Sec. 5. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent and shall be esteemed by the legislature the most solemn appeal to God.

"Sec. 6. All laws now in force in the state of Virginia, not inconsistent with this constitution, which are of a general nature, and not local to the eastern part of that state, shall be in force in this state, until they shall be altered or repealed by the legislature.

"Sec. 7. The compact with the state of Virginia, subject to such alterations as may be made therein, agreeably to the mode prescribed by the said compact, shall be considered as a part of this constitution.

“ARTICLE IX. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to sugh emancipation, a full equivalent in money, for the slaves so emancipated: they shall have no power to prevent emigrants to this state, from bringing with them such persons as are deemed slaves by the laws of any one 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: that they shall pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a

charge to the county in which they reside: they shall have full power to prevent slaves being brought into this state as merchandise: they shall have full power to prevent any slave being brought into this state from a foreign country, and to prevent those from 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 country. And they shall have full power to pass such laws as may be necessary, to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provisions, 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.

"ARTICLE X.-Sec. 1. The place for the seat of government shall be fixed in the following manner: The house of representatives shall during their session, which shall be held in the year one thousand seven hundred and ninety-two, choose, by ballot, twenty-one persons, from whom the representation from Mercer and Fayette counties then present, shall alternately strikę out one, until the number shall be reduced to five, who or any three of them concurring in opinion, shall have power to fix on the place for the seat of government, to receive grants from individuals therefor, and to make such conditions with the proprietor or proprietors of the land so pitched on by them, as to them shall seem right, and shall be agreed to by the said proprietor or proprietors; and lay off a town thereon, in such manner as they shall judge most proper.

"Scc. 2. The general assembly and the supreme courts shall within five years, hold their sessions, at the place so pitched upon by the said commissioners; and the seat of government so fixed, shall continue until it shall be changed by two-thirds of both branches of the legislature; the commissioners, before they proceed to act, shall take an oath or make affirmation that they will discharge the trust reposed in them, in such manner as in their judgment will be most beneficial to the state at large,

"ARTICLE XI. That the citizens of this state may have an opportunity to amend or change this constitution in a peaceable manner, if to them, it shall seem expedient; the persons qualified to vote for representatives, shall, at the general election to be held in the year one thousand seven hundred and ninetyseven, vote also by ballot, for or against a convention, as they shall severally choose to do; and if thereupon it shall appear that a majority of all the citizens in the state voting for representatives, have voted for a convention, the general assembly shall direct that a similar ballot shall be taken the next year; and if thereupon, it shall also appear that a majority of all the citizens of the state voting for representatives have voted for a convention, the general assembly shall at their next session, call a convention to consist of as many members as there shall be in the house of representatives, to be chosen in the same manner, at the same places and at the same time that representatives are, by the citizens entitled to vote for representatives, and to meet within three months after the said election, for the purpose of readopting, amending or changing this constitution. If it shall appear upon the ballot of either year, that a majority of the citizens voting for representatives is not in favour of a convention being called, it shall not be done until two-thirds of both branches of the legislature shall deem it expedient.

"ARTICLE XII. That the general, great and essential principles of liberty and free government may be recognised and established, WE DECLARE:

"1st. That all men, when they form a social compact, 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.

"2d. That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, reform or abolish their government, in such manner as they may think proper.

"3d. That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences; that no man can of right be compelled to attend, erect or support any place of worship, or to maintain any minis-. try against his consent; that no human authority can in any case whatever, 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..

"4th. That the civil rights, privileges or capacities of any citizen shall in nowise be diminished or enlarged on account of his religion.

"5th. That all elections shall be free and equal.

"6th. That trial by jury shall be as heretofore, and the right thereof remain inviolate.

"7th. That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature 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.

"3th. In prosecutions for the publication of papers, investigating the official conduct of officers or men in a public capaci ty, or where the matter published is proper for public information, the truth thereof may be given in evidence. 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.

9th. That the people shall be secure in their persons,. houses, papers and possessions, from unreasonable seizures and searches; and that no warrant to search any place or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.

“10th. That in all criminal prosecutions, the accused hath a right to be heard, by himself and his counsel; to demand the nature and cause of the accusation against him, to meet the