Top: Regional: North America: United States: Kentucky: Government and Politics: Primary Documents: Third Constitution of Kentucky - 1850: 08 - Article VIII


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Article VIII.

General Provisions.

Section 1. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of this State, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, anti that I will faithfully execute, to the best of my abilities, the office of according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, with a citizen of this State; nor have I sent or accepted a challenge to fight a duel with deadly weapons with a citizen of this State; nor have I acted as second in carrying a challenge, or aided or assisted any person thus offending, so help me God.

Section 2. 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 his own confession in open court.

Section 3. Every person shall be disqualified from holding any office of trust or profit, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election.

Section 4. Laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other crimes or high 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.

Section 5. No money shall be drawn from the treasury but in pursuance of appropriations made by law; nor shall any appropriations of money for the support of an army be made for a longer time than two years; and a regular statement and account of the receipts and expenditures of all public money shall be published annually.

Section 6. The General Assembly may direct, by law, in what manner, and in what courts, suits may be brought against the Commonwealth.

Section 7. 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 General Assembly the most solemn appeal to God.

Section 8. All laws which, on the first day of June, one thousand seven hundred and ninety-two, were in force in the State of Virginia, and which are of a general nature, and not local to that State, and not repugnant to this Constitution, nor to the laws which have been enacted by the General Assembly of this Commonwealth, shall be in force within this State, until they shall be altered or repealed by the General Assembly.

Section 9. 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 part of this Constitution.

Section 10. It shall be the duty of the General Assembly to pass such laws as shall be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.

Section 11. All civil officers for the Commonwealth at large shall reside within the State, and all district, county, or town officers within their respective districts, counties, or towns (trustees of towns excepted), and shall keep their offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.

Section 12. Absence on the business of this State, or the United States, shall trot forfeit a residence once obtained, so as to deprive any one of the right of 'suffrage, or of being elected or appointed to any office under this Commonwealth under the exceptions contained in this Constitution.

Section 13. It shall be the duty of the General Assembly to regulate, by law, in what cases, and what deductions from the salaries of public officers shall be made, for neglect of duty in their official capacity.

Section 14. Returns of all elections by the people shall be made to the Secretary of State for the time being, except in those cases otherwise provided for in this Constitution, or which shall be otherwise directed by law.

Section 15. In all elections by the people, and also by the Senate and House of Representatives, jointly or separately, the votes shall be personally and publicly given, viva voce: Provided, That dumb persons entitled to suffrage may vote by ballot.

Section 16. All elections by the people shall be held between the hours of six o'clock in the morning and seven o'clock in the evening.

Section 17. The General Assembly shall, by law, prescribe the time -when the several officers authorized or directed by this Constitution to be elected or appointed, shall enter upon the duties of their respective offices, except where the time is fixed by this Constitution.

Section 18. No member of Congress, nor person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the General Assembly of this Commonwealth, or hold or exercise any office of trust or profit under the same.

Section 19. The General Assembly shall direct, by law, how persons who now are, or who may hereafter become, securities for public officers, may be relieved or discharged on account of such securityship.

Section 20. Any Person who shall, after the adoption (if this Constitution, either directly or indirectly, give, accept 1>t, or knowingly carry a challenge to any' person or persons to fight in single combat with a citizen of this state, with any deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth and shall be punished otherwise in such manner as the General Assembly may prescribe by law.

Section 21. The Governor shall have power, after five years from the time of the offense, to pardon all persons who shall have in anywise participated in a duel, either as principals, seconds, or otherwise, and to restore him or them to all the rights, privileges, and immunities to which he or they were entitled before such participation. And upon the presentation of such pardon, the oath prescribed in the first section of this article shall be varied to suit the case.

Section 22. At its first session after the adoption of this Constitution, the General Assembly shall appoint not more than three persons, learned in the law, whose duty it shall be to revise and arrange the Statute Laws of this Commonwealth, both civil and criminal, so as to have but one law on any one subject; and also three other persons, learned in the law, whose duty it shall be to prepare a Code of Practice for the courts, both civil and criminal, in this Commonwealth, by abridging and simplifying the rules of practice and laws in relation thereto; all of whom shall, at as early a day as practicable, report the result of their labors to the General Assembly, for their adoption or modification.

Section 23. So long as the Board of Internal Improvement shall be continued, the president thereof shall be elected by the qualified voters of this Commonwealth, and hold the office for the term of four years, and until another be duly elected and qualified. The election shall be held at the same time, and be conducted in the same manner, as the election of Governor of this Commonwealth under this Constitution; but nothing herein contained shall prevent the General Assembly from abolishing said Board of Internal Improvement, or the office of president thereof.

Section 24. The General Assembly shall provide, by law, for the trial of any contested election of Auditor, Register, Treasurer, Attorney-General, Judges of Circuit Courts, and all other officers not otherwise herein specified.

Section 25. The General Assembly shall provide, by law, for the making of the returns, by the proper officers, of the election of all officers to be elected under this Constitution; and the Governor shall issue commissions to the Auditor, Register, Treasurer, President of the Board of Internal Improvement, Superintendent of Public Instruction, and such other officers as he may be directed, by law, to commission, as soon as he has ascertained the result of the election of those officers respectively.

Section 26. When a vacancy shall happen in the office of Attorney-General, Auditor of Public Accounts, Treasurer, Register of the Land Office, President of the Board of Internal Improvement, or Superintendent of Public Instruction, the Governor, in the recess of the Senate, shall have power to fill the vacancy by granting commissions which shall expire at the end of the neat session, and shall fill the vacancy for the balance of the time by and with the advice and consent of the Senate.



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