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ment, or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed ; and shall not be compelled to give evidence against himself.
X. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
XI. That laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore, no ex post facto law shall be made.
XII. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives, shall descend or vest as in case of natural death. -- If any person be killed by casualty, there shall be no forfeiture in consequence thereof.
XIII. That no person arrested, or confined in gaol, shall be treated with unnecessary rigour.
XIV. That no freeman shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.
XV. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, 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.
XVI. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
XVII. That all Courts shall be open; and every man 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. Suits may be brought against the State in such manner, and in such courts: as the Legislature may by law direct, provided the right of bringing suit be limited to the citizens of this State.
XVIII. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, alter delivering up his estate for the benefit
of his creditor or creditors, in such manner as shall be prescribed by law.
XIX. That the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or of any branch or officer 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 free citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, 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.
XX. That no retrospective law, or law impairing the obligation of contracts, shall be made.
XXI. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.
XXII. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance.
XXIII. That perpetuities and monopolies are trary to the genius of a free State, and shall not to be allowed.
XXIV. That the sure and certain defence of a free people is a well regulated Militia: and as standing armies, in time of peace, are dangerous to Freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.
XXV. That no citizen in this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law.
XXVI. That the freemen of this State have a right to keep and to bear arins for their common defence.
XXVII. That no soldier shall, in time of peace, be quartered in any house without consent of the owner, nor in time of war, but in a manner prescribed by law.
XXVIII. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent to be ascertained by la
XXIX. That an equal participation of the free navigation of the Mississippi, is one of the inherent rights of the citizens of this State : it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever.
XXX. That no hereditary emoluments, privileges, or honours shall ever be granted or conferred in this State.
XXXI. That the people residing south of French Broad and Holston, between the rivers Tennessee and the Big Pigeon, are entitled to the right of preemption and occupancy in that tract.
XXXII. That the limits and boundaries of this State be'ascertained, it is declared they are as follows :
-Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north-running thence along the extreme height of the said mountain, to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and those of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to the place where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the Paint. ed Rock, on French Broad River; thence along the highest ridge of said mountain, to the place where it is called the great Iron or Smoky Mountain ; thence along the extreme height of said mountain to the place
where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and OldChota ; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the act of cession of North-Carolina to the United States of America ; and that all the territory, lands and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of North-Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty and right of soil, so far as is consistent with the Constitution of the United States, recognizing the articles of confederation, the bill of rights, and Constitution of North-Carolina, the cession act of the said State, and the ordinance of the late Congress, for the Governof the Territory North West of the Ohio ; provided nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recognized to them by the aforesaid cession act.
SCHEDULE. 1. That no inconvenience may arise from a change of the temporary to a permament state of government, it is declared that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue, as if no change had taken place in the administration of government.
II. All fines, penalties, and forfeitures, due and owing to the territory of the United States of America south of the river Ohio, shall enure to the use of the State. All bonds for performance, executed to the Governor of the said territory, shall be and pass over to the Governor of this State, and his sucessors in office, for the use of the State, or by him or them respectively to be assigned over to the use of those concerned, as the case
Ill. The Governor, Secretary, Judges and Brigadiers General have a right, by virtue of their appointments, under the authority of the United States, to continue in the exercise of the duties of their respective offices, in their several departments, until the said officers are superseded under the authority of this Constitution.
ARTICLE II. Concerning the Legislative Department.. Sect. 1. The legislative power of this Commoiiwealth shall be vested in two distinct branches ; the one to be stiled the House of Representatives, the other the Senate, and both together, the General Assembly of the Commonwealth of Kentucky.
SECT. 2. The Members of the House of Representatives shall continue in service for the term of one year from the day of the commencement of the general election, and no longer.
Sect. 3. Representatives shall be chosen on the first Monday in the month of August in every year ; but the presiding officers of the several elections shall continue the same for three days, at the request of any one of the candidates.
SECT. 4. No person shall be a Representative, who at the time of his election is not a citizen of the United States, and hath not attained to the age of twenty-four years, and resided in this State two years next preceding his election, and the last year thereof in the county or town for which he may be chosen.
Sect. 5. Elections for Representatives for the sereveral counties entitled to representation, shall be held at the places of holding their respective Courts, or in the Several election precincts into which the Legislature may think proper, from time to time, to divide any or all those counties : Provided, that when it shall appear to the Legislature that any town hath a number of qualified voters equal to ratio then fixed, such town shall be invested with the privilege of a separate representation, which shall be retained so long as such town shall contain a number of qualified voters equal to the ratio which may from time to time be fixed by law; and thereafter elections, for the county in which such town is situated, shall not be held therein.
Sect. 6. Representation shall be equal and uniform in this Commonwealth ; and shall be forever regulated and ascertained by the number of qualified electors
In the year eighteen hundred and three, and every fourth year thereafter, an enuincration of all the