manner the same compensation which the Governor would have received had he been employed in the duties of his office. 22. If the Lieutenant-Governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the State during the recess of the general Assembly, it shall be the duty of the secretary, for the time being, to convene the Senate for the purpose of choosing a Speaker. 23. An attorney-general, and such other attorneys for the commonwealth as may be necessary, shall be appointed, whose duty shall be regulated by law. Attorneys for the commonwealth, for the several counties, shall be appointed by the respective courts having jurisdiction therein. 24. A secretary shall be appointed and commissioned during the term for which the Governor shall have been elected, if he shall so long behave himself well. He shall keep a fair register, 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 House of the general Assembly, and shall perform such other duties as may be enjoined him by law. 25. Every bill which shall have passed both Houses shall be presented to the Governor: if he approve, he shall sign it, but if not, he shall return it with his objec tions, to the House in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to reconsider it; if, after such reconsideration, a majority of all the members elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall be likewise considered, and if approved by a majority of all the members elected to 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 persons voting for and against the bill shall be entered on the journal 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 ad journment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. 26. 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 repassed, by a majority of all the members elected to both Houses, according to the rules and limitations prescribed in case of a bill. 27. Contested elections for a Governor and Lieutenant-Governor shall be determined by a committee to be selected from both Houses of the general Assembly, and formed and regulated in such manner as shall be directed by law. 28. The freemen of this commonwealth (negroes, mulattoes, and indians excepted) shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 29. The commanding officers of the respective regiments, shall appoint the regimental staff; brigadier-generals, their brigade-majors; major-generals, their aids; and captains, the non-commissioned officers of companies. 30. A majority of the field-officers and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the Governor: Provided, that no nomination shall be made, unless two at least of the field-officers are present; and when two or more persons have an equal and the highest number of votes, the field-officer present, who may be highest in commission, shall decide the nomination. 31. Sheriffs shall hereafter be appointed in the following manner when the time of a sheriff for any county may be about to expire, the county court for the same, a majority of all its justices being present, shall, in the months of September, October, or November, next preceding thereto, recommend to the Governor two proper persons to fill the office, who are then justices of the county court; and who shall in such recommendation pay a just regard to seniority in office and a regular rotaOne of the persons so recommended shall be com tion. missioned by the Governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified. If the county courts shall omit, in the months aforesaid, to make such recommendation, the Governor shall then nominate, and by and with the advice and consent of the Senate, appoint a fit person to fill such office. ARTICLE 4. Concerning the Judicial Department. SEC. 1. The judiciary power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of appeals, and in such inferior courts as the general Assembly may from time to time erect and establish. 2. The court of appeals, except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only; which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law. 3. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; but for any reasonable cause which shall not be sufficient ground of impeachment, the Governor shall remove any of them on the address of two-thirds of each House of the general Assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each House. They shall at stated times receive for their services an adequate compensation to be fixed by law. 4. The judges shall, by virtue of their office, be conservators 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. 5. There shall be established in each county, now, or which may hereafter be erected, within this commonwealth, a county court. 6. A competent number of justices of the peace shall be appointed in each county; they shall be commissioned during good behavior, but may be removed on conviction of misbehavior in office, or of any infamous crime, or on the address of two-thirds of each House of the general Assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, on the journal of each House. 7. The number of the justices of the peace to which the several counties in this commonwealth now established, or which may hereafter be established, ought to be entitled, shall, from time to time, be regulated by law. 8. When a surveyor, coroner, or justice of the peace shall be needed in any county, the county court for the same, a majority of all the justices concurring therein, shall recommend to the Governor two proper persons to fill the office, one of whom he shall appoint thereto : Provided, however, that if the county court shall for twelve months omit to make such recommendation, after being requested by the Governor to recommend proper persons, he shall then nominate, and, by and with the advice and consent of the Senate, appoint a fit person to fill such office. 9. When a new county shall be erected, a competent number of justices of the peace, a sheriff, and coroner therefor, shall be recommended to the Governor by a majority of all the members of the House of Representatives, from the senatorial district or districts in which the county is situated; and if either of the persons thus recommended shall be rejected by the Governor or the Senate, another person shall immediately be recommended as aforesaid. 10. Each court shall appoint its own clerk, who shall hold his office during good behavior; 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 had 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 of any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior, by the court of appeal 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. 11. All commissions shall be in the name, and by the authority of the State of Kentucky, and sealed with the state seal, and signed by the Governor. 12. The state treasurer, and printer or printers, for the commonwealth, shall be appointed annually by the joint vote of both Houses of the general Assembly: Provided, that, during the recess of the same, the Governor shall have power to fill vacancies which may happen in either of the said offices. ARTICLE 5. Concerning Impeachments. SEC. 1. The House of Representatives shall have the sole power of impeaching. 2. All impeachments shall be tried by the Senate; when sitting 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. 3. The Governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgement, in such cases, shall not extend further than to removal from 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 6. General Provisions. 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 |