ARTICLE I.

SECTION 1. THE powers of Government shall be divided into three distinct departments, each of them to be consided to a separate body of Magistracy, to wit; those which are Legislative to one, those which are Executive to another and those which are Judiciary to another.

SEC. 2. No person or collection of per­sons being of one of these departments, shall exercise any power properly belonging to ei­ther of the others, except in the instances herein after expressly permitted.

SEC. 3. The Legislative power of this Common wealth shall be vested in a General [Page 4]Assembly, which shall consist of a Senate and house of Representatives.

SEC. 4. The Representatives shall be chosen annually, by the qualified electors of each county respectively on the first Tuesday in May; but the several elections may be continued for three days, it in the opinion of the presiding officer or officers, it shall be necessary and no longer.

SEC. 5. No person shall be a Represen­tative, who shall not have attained the age of Twenty-four years, and have been a citizen and inhabitant of the State two years next preceeding his election, and the last six months thereof an inhabitant of the county in which he may be chosen; unless he shall have been absent on the public bu­siness of the United States or of this State.

SEC. 6. Within two years after the first meeting of the General Assembly and with­in every subsequent term of four years, an e­numeration of the free male inhabitants a­bove Twenty-one years of age, shall be made in such manner as may be directed by Law. The number of Representatives shall at the several periods of making such enu­meration be fixed by the Legislature, and apportioned among the several counties, ac­cording to the number of free male inhabi­tants above the age of Twenty-one years in each, and shall never be less than Forty nor greater than One Hundred; But no county hereafter erected, shall be entitled to a [Page 5]separate representation, until a sufficient num­ber of free male inhabitants above the age of Twenty-one years shall be contained with­in it, to entitle them to one Representative appreciable to the ratio which shall then be established.

SEC. 7. The Senators shall be chosen for Four years.

SEC. 8. Until the first enumeration be made, the Senate shall consist of Eleven mem­bers, and thereafter for every Four mem­bers added to the house of Representatives, One member shall be added to the Senate.

SEC. 9. In chusing the Senate, one mem-at least shall be elected from each county, until the number of counties is equal to the number of Senators: after which, when a new county is made, it shall as to the choice of Senators, be considered as being a part of the county or counties from which it shall have been taken.

SEC. 10. The Senate shall be chosen in the following manner; All persons qualisied to vote for Representatives, shall on the first Tuesday in May in the present year, and on the same day in every fourth year for ever thereafter, at the place appointed by Law for chusing Representatives, elect by ballot, by a majority of votes as many persons as they [...] to have for Representatives for their respective counties, to be electors of the cenate.

[Page 6] SEC. 11. No person shall be chosen an elector, who shall not have resided in the State Three years next before his election, and who shall not have attained the age of Twenty-seven years.

SEC. 12. The electors of the Senate, shall meet at such place as shall be appoint­ed for convening the Legislature; on the Third Tuesday in May in the present year, and on the same day in every fourth year for ever thereafter; and they or a majority of them so met, shall proceed to elect by ballot as Senators, men of the most wisdom, experience and virtue, above Twenty-seven years of age, who shall have been residents of the State above two whole years next preceeding the election. If on the ballot two or more persons shall have an equal number of ballots in their favour, by which the choice shall not be determined by the first ballot, then the electors shall again ballot before they separate, in which they shall be consined to the persons, who on the first ballot shall have had an equal number, and they who shall have the greatest number in their favour on the second ballot, shall be accord­ingly declared and returned duly elected; and if on the second ballot an equal number shall still be in favour of two or more persons, then the election shall be determined by lott, between those who have equal num­bers; which proceedings of the electors sh [...] be certified under their hands, and returned to the Secretary for the time being; to whom shall also be made by the proper of­ficers, [Page 7]returns of the persons chosen as electors in the respective counties.

SEC. 13. The electors of Senators, shall judge of the qualifications and elections of members of their own body; and on a contested election, shall admit to a seat as an elector, such qualified person as shall appear to them to have the greatest number of legal votes in his favour.

SEC. 14. The electors, immediately on their meeting and before they proceed to the election of Senators, shall take an oath or make affirmation of fidelity to this State, and also an oath or affirmation to elect without favour, affection, partiality or preju­dice, such person for Governor and such persons for Senators, as they in their judg­ment and conscience, believe best qualified for the respective offices.

SEC. 15. That in case of resusal, death, resignation, disqualification or removal out of this State of any Senator, the Senate shall immediately thereupon or at their next meeting thereafter, elect by ballot, in the same manner as the electors are herein di­rected to chuse Senators, another person in his place, for the residue of the said term of Four years.

SEC. 16. The General Assembly shall meet on the first Monday in November in every year, [...]'til the time of their meeting shall be altered by the Legislature, unless sooner convened by the Governor.

[Page 8] SEC. 17. Each house shall chuse [...] Speaker and other officers, and the Senate shall also chuse a Speaker pro tempore, when their Speaker shall exercise the office of Governor.

SEC. 18. Each house snail judge of the qualifications of its members; contested elec­tions shall be determined by a committee to be selected, formed and regulated, in such manner as shall be directed by Law. A majority of each house shall constitute a quo­rum to do business, but a smaller num­ber may adjourn from day to day, and may be authorised by Law to compel the atten­dance of absent Members, in such manner and under such penalties as may be provi­ded.

SEC. 19. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the con­currence of two thirds, expel a member; but not a second time for the same cause.

SEC. 20. Each house shall keep a Jour­nal of its proceedings and publish them weekly, except such parts of them as may require seeresy, and the Yeas and Nays of the Members on any question, shall, at the desire of any two of them, be entered on the Journals.

SEC. 21. The doors of each house and of committees of the whole, shall be open unless when the business, shall be such as ought to be kept secret.

[Page 9] SEC. 22. Neither house shall, without the consent of the other, adjourn for more than Three days; nor to any other place than that in which the two houses shall be sitting.

SEC. 23. The Members of the General Assembly, and the electors of the Senate, shall receive from the public Treasury, a com­pensation for their services, which for the pre­sent shall be Six shillings a day during their attendance on, going to and returning from the Legislature, and the place for chusing the Senators; but the same may be increased or diminished by Law, if circumstances shall require it, but no alteration shall be made, to take effect during the existence of the Le­gislature which shall make such alteration: They shall in all cases except Treason, Fe­lony, breach or surety of the peace, be pri­vileged from arrest, during their attendance at the Session of the respective houses, and at the place for chusing Senators, 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.

SEC. 24. No Senator or Representative shall, during the time for which he shall have been elected, or for one year after­wards, be appointed to any civil office under this State, which shall have been created or the emoluments of which shall have been increased, during the time such Senator or Representative was in office: Provided that no member of the first Legislature which [Page 10]shall be assembled under this constitution, shall be precluded from being appointed to any office which may have been created, during his time of service in the said Legis­lature; And no Minister of religious scan­ties, member of Congress or other person holding any office of profit under the Uni­ted States or this Commons ealth, except Attorneys at Law, Justices of the Peace, M [...]a officers and Coroners, shall be a member of either house, during his conti­nuance to act as a Minister, in Congress or in office.

SEC. 25. When vacancies happen in the house of Representatives, the Speaker shall issue writs of election to fill such vacancies.

SEC. 26. All bills for raising Revenue, shall originate in the house of Representatives, but the Senate may propose amendments as in other bills.

SEC. 27. Each Senator, Representative and Sheriff, shall, before he be permitted to act as such, take an oath or make affir­mation, that he hath not directly or indi­rectly, given or promised any bribe or treat to procure his election to the said office; and every person shall be disqualified from serving as a Senator, Representative or she­riff, for the term for which he shall have been elected, who shall be convicted of ha­ving given or offered any bribe or treat, or canvassed for the said office.

[Page 11] SEC. 28. Every bill which shall have passed both houses, shall be presented to the Governor, if he approve he shall sign it, but if he shall not approve, he shall return it with his objecions, to the house in which it shall have originated, who shall enter the objections at large upon their Journals and proceed to reconsider it; if after such recon­sideration, two thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered, and if ap­proved by two thirds of that house, it shall be a Law: but in such cases, the votes of both houses shall be determined by Yeas and Nays, and the names of the persons voting for or against the bill, shall be enter­ed on the Journals of each house respec­tively; if any bill shall not be returned by the Governor within ten days (Sundays ex­cepted) after it shall have been presented to him, it shall be a Law in like manner as if he had signed it; unless the General Assembly by their adjournment prevent its return, in which case it shall be a Law, unless sent back within three days after their next meeting.

SEC. 29. Every Order, Resolution or vote, to which the concurrence of both hou­ses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be re-passed by two thirds of both houses, according to the rules and limitations preset bed in case of a bill.

ARTICLE II.

SECTION 1. THE Supreme Executive power of this Common­wealth shall be vested in a Governor.

SEC. 2. The Governor shall be chosen by the electors of the Senate, at the same time, at the same place, and in the same manner that they are herein directed to elect Sena­tors, and the said electors shall make return of their proceedings in the choice of a Go­vernor, to the Secretary for the time being.

SEC. 3. The Governor shall hold his office during Four years from the first day of June next ensuing his election.

SEC. 4. He shall be at least Thirty years of age, and have been a citizen and inha­bitant of this State at least two years next before his election, unless he shall have been absent on the public business of the United States or of this State.

SEC. 5. No member of Congress or person holding any office under the United States, or this State, shall exercise the of­fice of Governor.

SEC. 6. The Governor shall at stated times, receive for his services, a compensa­tion, which shall neither be increa [...]ed nor diminished during the period for which he shall have been elected.

[Page 13] SEC. 7. He shall be Commander in chief of the Army and Navy of this Common­wealth, and of the Militia except when they shall be called into the service of the United States.

SEC. 8. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers, whose offices are establish­ed by this Constitution, or shall be established by Law: and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

SEC. 9. The Governor shall have pow­er to fill up all vacancies, that may happen during the recess of the Senate, by grant­ing commissions which shall expire at the end of their next session.

SEC. 10. He shall have power to rem [...]t fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment [...] in cases of Treason, he shall have power to grant reprieves until the end of the next [...] of the General A [...]ssembly, in whom the power of pardoning shall be vested.

SEC. 11. He may require information in [Page 14]writing from the officers in the Executive department upon any subject relating to the duties of their respective offices.

SEC. 12. He shall from time to time give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration, such measures as he shall judge expedient.

SEC. 13. He may on extraordinary occa­sions convene the General Assembly, and in case of disagreement between the two hou­ses, with respect to the time of adjournment, adjourn them to such time as he shall think pro­per not exceeding four months.

SEC. 14. He shall take care that the Laws be faithfully executed.

SEC. 15. In case of the death or resigna­tion of the Governor, or of his removal from office, the Speaker of the Senate shall exercise the office of Governor, until another shall be duly qualified.

SEC. 16. An Attorney General shall be ap­pointed and commissioned during good beha­viour; He shall appear for the Common­wealth in all Criminal prosecutions, and in all Civil cases, in which the Commonwealth shall be interested, in any of the Superior courts; shall give his opinion when called upon for that purpose, by either branch of the Legislature or by the Executive, and shall perform such other duties as shall be enjoined him by Law.

[Page 15] SEC. 17. A Secretary shall be appointed and commissioned during the Governor's con­tinuance in office, if he shall so long behave himself well, he shall keep a fair register of, and attest all the official acts and proceed­ings of the Governor, and shall when re­quired, lay the same and all papers, minutes and vouchers relative thereto, before either branch of the Legislature, and shall perform such other duties as shall be enjoined him by Law.

ARTICLE III.

SECTION 1. IN elections by the citizens, all free male citizens of the age of 21 years, having resided in the State two years, or the county in which they offer to vote one year next before the election, shall enjoy the rights of an Elector, but no person shall be entitled to vote except in the county in which he shall actually reside at the time of the election.

SECT. 2d. All elections shall be by Ballot.

SECT. 3. Electors shall in all cases except Treason, Felony and breach or surety of the peace, be privileged from arrest during their attendance at elections, and in going to and re­turning from them.

ARTICLE IV.

SECTION 1. THE house of Representa­tives shall have the sole power of impeaching.

[Page 16] SEC. 2. All impeachments shall be tried by the Senate; when setting for that purpose, the Senators shall be upon oath or affirmati­on: No person shall be convicted without the concurrence of two thirds of the mem­bers present.

SEC. 3. The Governor and all other civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to remo­val fron office and disqualification to hold any office of honor, trust or profit under this Commonwealth; but the party convicted shall nevertheless be liable and subject to indictment, trial and punishment according to law.

ARTICLE V.

SECTION 1. THE Judicial power of this Commonwealth both as to matters of law and equity, shall be vested in one Supreme Court, which shall be stiled the Court of Appeals, and in such inferior courts a [...] the Legislature may from time to time ordain and establish.

SEC. 2. The Judges both of the Supreme and inferior courts shall hold their offices during good behaviour; but for any reason­able cause which shall not be sufficient ground of impeachment, the Governor may remove any of them on the address of two thirds of each branch of the Legislature. They shall at stated times receive for their services an ade­quate compensation to be fixed by law, which [Page 17]shall not be diminished during their [...] in office.

SEC. 3. The supreme court shall have of [...] and [...] in all cases [...] the titles to land under the present land [...] of Virginia, including those which may [...] ­depending in the present Supreme Court for the District of Kentucky, at the time of e­stablishing the said Supreme Court; and in a [...]l cases concerning contracts for land, [...] to the establishing of those titles. And the [...] court shall have power to hear and deter­mine the same in a summary way, and to direct the mode of bringing the same to a hearing, so as to enable them to do right and justice to the parties, with as little delay and at as small an expence as the nature of the business will allow; but the said court shall, in all such cases oblige the parties to state the mare [...]ial parts of their complaint and defence in writing; and shall on the conclusion of every cause, state on the records, the whole merits of the case, the questions arising there­from, the opinions of the Court thereupon, and a summary of the reasons in support of those opinions.

SEC. 4. And it shall be the duty of each judge of the Supreme court, present at the hear­ing of any such cause, and differing from a majority of the court, to deliver his opinion in writing, to be entered as aforesaid; and each judge shall deliver his opinion in open court. And the said court shall have power on the determination of any such case, to a­ward [Page 18]the legal costs against either party or to divide the same among the different parties, as to them shall seem just and right. And the said Court shall have full power to [...] such steps as they may judge pr [...]per, to [...] testimony in all cases concerning such titles. Provided that a jury shall always be [...]p [...]neled for the finding of such facts [...] not agreed by the parties; unless the [...] or their attorn [...]es, shall wave their [...] of trial by Jury, and refer the matter [...] to the [...] of the court. Provi­ded also, that the legisla [...]ure may whenever they may judge it expedient, pass an act or acts to regulate the mode of proceedings in such case, or to take away entirely the ori­ginal jurisdiction hereby given to the said Court in such cases.

SEC. 5. In all other cases the supreme Court shall have appellate jurisdiction only, with such exceptions and under such regula­tions as the legislature shall make; and the legislature may from time to time vest in the [...] and inferior courts, or either of them [...] powers both in law and equity, as they shall judge proper and necessary, for the [...] administration or justice.

SEC. 6. A competent number of Justices of the peace shall be appointed in each coun­ty, they shall be commissioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any infamous [...], or on the address of both houses of the Legislature.

[Page 19] SEC. 7. The Judges shall by virtue of the [...] office be conserveators of the peace throughout the State. The style of all pro­cess shall be, "The Commonwealth of KENTUC­KY," all prosecutions shall be carried on in the name and by the authority of the Com­monwealth of Kentucky, and conclude against the peace and dignity of the same.

ARTICLE VI.

SECTION 1. SHERIFFS, and Coroners, shall at the times and pla­ces of elections of representatives, be chosen by the citizens of each county, qualified to [...] for representatives. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be d [...]y qualified; but no pers [...]n shall be twice chosen or appointed Sheriff in any term of six years. Vacancies in either of the said of­fices, shall be filled by a new appointment to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid.

SEC. 2. The free men of this Common­wealth shall be armed and disciplined for [...]s defence. Those who conscienciously scruple to bear arms, shall not be compelled to do [...]o; but shall pay an equivalent for personal service.

SEC. 3. The field and staff officers of the [...] shall be appointed by the Governor, except the Battallion staff officers who shall [Page 20]be appointed by the field officers of each Battallion respectively.

SEC. 4. The officers of companies shall be chosen by the persons enrolled in the list of each company, and the whole shall be commissioned during good behaviour, and during their residence in the bounds of the Battallion 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.

SECTION 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 citzen thereof, and that I will faithfully execute to the best of my abilities the office of [...] according to Law".

ARTICLE VIII.

SECTION 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.

[Page 22] 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 Virginis, 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.

SECTION 1. 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, [Page 23]previous to such 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 merchandize. They shall have full power to prevent any Slaves 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 cloathing and provision, 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.

SECTION 1. THE place for the seat of Go­vernment shall be fixed in [Page 24]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, chuse by ballot, Twenty one persons, from whom the representation from Mercer and Faverte coun­ties then present, shall alternately strike out one, until the number shall be reduced to five, who, or any three of them concurring in opinion, shall have power to six on the place for the s [...]t of Government. to receive grants [...] and to make [...], of the land so pit [...]hed of by the [...], as to [...] 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.

SEC. 2. The General Assembly and the Sa­preme 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 repoted in them, in such manner, as in their judgment will be most beneficial to the State at large.

ARTICLE XI.

SECTION 1. 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 [Page 25]seem expedient; the persons qualified to [...]te for Representatives, shall, at the general election to be held in the year One Thousand Seven Hundred and Ninety-Seven, vote also, by bal­lot, for or against a Convention, as they shall severally chuse 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 re-adopting, 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 favor 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 effential principles of liberty and free government may be re­cognize [...] and established; WE DECLARE,

SECTION 1. THAT all men, when they form a social compact, are [Page 26]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.

SEC. 2. 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.

SEC. 3. That all men have a natural and indefeasible right to worship Almighyty 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 ministry 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.

SEC. 4. That the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his reli­gion.

SEC. 5. That all elections shall be free and equal.

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

SEC. 7. 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 [Page 27]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.

SEC. 8. In prosecutions for the publication of papers, invest gating 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 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.

SEC. 9. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches; and that no warrant to searh 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.

SEC. 10. 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 witnesses face to face, to have compulsory process for obtaining witnesses in his favour: and in prosecutions by indictment or informa­tion, a speedy public trial by an impartial Jury of the vicinage; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, un­less by the judgment of his peers, or the law of the land.

[Page 28] SEC. 11. That no person shall for any indictable oftence be proceeded against crimi­nally by intormation; 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 the Court for op­pression or misdemeanor in office.

SEC. 12. No person shall, for the same of s [...]ce be [...] put in Jeopardy of his life or [...], nor shall any man's property be taken or applied to public use without the consent of his repre!entatives, and without just com­pensation being previously made to him.

SEC. 13. That all Courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of Law; and right and justice administered, without sale, denial or delay.

SEC. 14. That no power of suspending Laws shall be exercised, unless by the Legis­lature or its authority.

SEC. 15. That excessive bail shall not be required, nor excessive fines imposed, nor cru­punishments inflicted.

SEC. 16. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great; and the privilege of the writ of Habeas Corpus, shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.

SEC. 17. That the person of a debtor where there is not strong presumption of fraud, shall not be continued in prison after delivering up [Page 29]his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

SEC. 18. That no expost facto law, nor any law imp [...]ing contracts shall be made

SEC. 19. That no person shall be attainted of treason or felony by the Legislature.

SEC. 20. That no attainder shall work cor­ruption of blood, nor except during the life of the offender, forfeiture of estate to the Commonwealth.

SEC. 21. That estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death, and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

SEC. 22. That the citizens have a right in a peaceable manner, to assemble together for their common good, and to apply to those in­vested with the powers of government for redress of grievances or other proper purpo­ses by petition, address or remonstrance.

SEC. 23. That the rights of the citizens to bear arms in defence of themselves and the State shall not be questioned.

SEC. 24. That no standing army shall in time of peace, be kept up without the consent of the legislature, and the military shall in all cases and at all times be in strict subordinati­on to the civil power.

SEC. 25. That no Soldier shall in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

SEC. 26. That the Legislature shall not grant [Page 30]any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than during good behaviour.

SEC. 27. That Emigration from the State shall not be prohibited.

SEC. 28. To guard against transgressions of the high powers which we have delegated. WE DECLARE, that every thing in this article is exccepted out of the general powers of government, and shall forever remain in vi­olate; and that all laws contrary thereto or contrary to this Constitution shall be void.