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actual fervice, shall be subjected to corporeal punishment under the martial law.

XXVI. That the freemen of this ftate have a right to keep and to bear arms for their common defence.

XXVII. That no foldier fhall, in time of peace, be quar tered 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 ftate fhall be compelled to bear arins, provided he will pay an equivalent, to be afcertained by law.

XXIX. That an equal participation of the free navigation of the Miffiffippi, is one of the inherent rights of the citizens of this ftate: it cannot therefore, be conceded to any prince, potentate, power, perfon or persons whatever.

XXX. That no hereditary emoluments, privileges, or honours fhall ever be granted or conferred in this ftate.

XXXI. That the people refiding fouth of French Broad and Hoifton, between the rivers Tenneffee 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 hereafter mentioned; that is to fay -Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia interfects it, in latitude thirty-fix degrees and thirty minutes north-running thence along the extreme height of the faid 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 croffes the fame; thence along the ridge of faid mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road croffes the Iron Mountain; from thence along the extreme height of faid mountain to where Nolichucky River runs through the fame; thence to the top of the Bald Mountain: thence along the extreme height of faid mountain to the Painted Rock, on French Broad River; thence along the higheft ridge of faid mountain, to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of faid mountain to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the faid mountain to

the fouthern boundary of this ftate, as defcribed in the act of ceffion of North-Carolina to the United States of America; and that all the territory, lands and waters lying weft of the faid line, as before mentioned, and contained within the chartered limits of the ftate of North-Carolina, are within the boundaries and limits of this ftate, over which the people have the right of exercifing fovereignty and right of foil fo far as is confiftent with the conftitution of the United States, recognizing the articles of confederation, the bill of rights and conftitution of North-Carolina, the ceffion act of the faid ftate and the ordinance of the late Congrefs, for the Government of the Territory North Weft of the Ohio; provided, nothing herein contained fhall extend to affect the claim or claims of individuals, to any part of the foil which is recog. nized to them by the aforefaid ceffion act.

SCHEDULE.

I. That no inconvenience may arise from a change of the temporary to a permanent ftate government, it is declared, that all rights, actions, profecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue, as if no change had taken place in the adminiftration of government.

II. All fines, penalties, and forfeitures, due and owing to the territory of the United States of America fouth of the river Ohio, fhall enure to the use of the ftate. All bonds for performance, executed to the Governor of the faid territory, shall be and pass over to the Governor of this state, and his fucceffors in office, for the ufe of the ftate, or by him or them refpectively to be affigned over to the use of thofe concerned, as the cafe may be.

III. The Governor, Secretary, Judges and Brigadiers General have a right, by vitue of their appointments, under the authority of the United States, to continue in the exercife of the duties of their respective offices, in their several departments, until the faid officers are fuperfeded under the authority of this conftitution.

IV. All officers, civil and military, who have been appointed by the Governor, fhall continue to exercife their refpective offices until the fecond Monday in June, and until fucceffors in office fhall be appointed under the authority of this conftitution, and duly qualified.

V. The Governor fhall make ufe of his private feal, until a ftate feal fhall be provided.

VI. Until the firft enumeration fhall be made, as directed in the fecond fection of the firft article of this conftitution, the feveral counties fhall be respectively entitled to elect one Senator and two Reprefentatives: Provided that no new county fhall be entitled to feparate reprefentation previous to taking the enumeration.

VII. That the next election for reprefentatives and other officers, to be held for the county of Tenneffee, shall be held at the House of William Miles.

VIII. Until a land office fhall be opened, fo as to enable the citizens fouth of French Broad and Holfton, between the Rivers Tenneffee and Big Pigeon, to obtain titles upon their claims of occupancy and preemption, thofe who hold land by virtue of fuch claims, fhall be eligible to ferve in all capacities where a freehold is by this conftitution made a requifite qualification.

DONE in Convention, at KNOXVILLE, by unanimous
confent, on the fixth day of February, in the year of
our Lord, one thousand seven hundred and ninety-fix,
and of the Independence of the United States of
America, the twentieth-In Teftimony whereof we
have hereunto fubfcribed our names.

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The CONSTITUTION,. or form of Government for the State of Kentucky.

W

E, the reprefentatives of the people of the state of Kentucky, in convention affembled, to fecure to all the citizens thereof, the enjoyment of the right of life, liberty and property, and of purfuing happiness, do ordain and establish this conftitution for its government :

ARTICLE I.

Concerning the Distribution of the Powers of the Government. SECTION 1. The powers of the government of the ftate of Kentucky, fhall be divided into three diftinct departments, and each of them be confided to a feperate body of magiftracy, to wit: thofe which ar elegiflative, to one; thofe which are executive, to another; and those which are judiciary, to another.

SECT. 2. No perfon, or collection of perfons, being of one of thofe departments, fhall exercife any power properly belonging to either of the others; except in the inftances hereinaf ter exprefsly directed or permitted.

ARTICLE IL

Concerning the Legislative Department.

SECT. 1. The legislative power of this commonwealth fhall be vested in two diftinct branches; the one to be ftiled the House of Representatives, the other the Senate, and both together, the General Affembly of the Commonwealth of Kentucky.

SECT. 2. The Members of the Houfe of Reprefentatives fhall continue in fervice for the term of one year from the day of the commencement of the general election, and no longer.

SECT. 3. Representatives fhall be chofen on the first Monday in the month of Auguft in every year; but the prefiding officers of the feveral elections fhall continue the fame for three days, at the request of any one of the candidates.

SECT. 4. No perfon fhall be a reprefentative, 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 refided in this ftate two years next preceding his election, and the last year thereof in the county or town for which he may be chofen.

SECT. 5. Elections for Representatives for the feveral counties entitled to reprefentation, fhall be held at the places of holding their respective courts, or in the feveral election precincts into which the Legislature may think proper, from time to time, to divide any or all of thofe counties: Provided, that when it shall appear to the Legislature that any town hath a number of qualified voters equal to the ratio then fixed, fuch town fhall be invefted with the privilege of

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