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THE FEDERAL AND STATE

CONSTITUTIONS

COLONIAL CHARTERS, AND OTHER ORGANIC LAWS

OF THE

STATES, TERRITORIES, AND
COLONIES

NOW OR HERETOFORE FORMING

THE UNITED STATES OF AMERICA

Compiled and Edited
under the Actxf Congress of June 30, 1906

By

FRANCIS NEWTON THORPE, Ph. D., LL. D.'

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu-
tional History at the University of Pennsylvania, 1885-1898; Member of
the American Historical Association; Author of The Constitutional History
of the United States, 1765-1895; A (State) Constitutional History of
the American People, 1776-1850; A Short Constitutional History
of the United States; A (Social and Economic) History of the
American People; A History of the Civil War; Editor of the His-
tory of North Amenc*,%M f% XV, XVI, XVIII, XIX,
XX; Author of ra*TGmTrnmcnt of the People of the
United States; Benjamin FrankJ^and the University
of Pennsylvania; The Life of William Pepper, etc.

VOL. Ill

Kentucky—Massachusetts

WASHINGTON GOVERNMENT PRINTING OFFICE 1909

[graphic]

KENTUCKY0

For organic acts issued before 1790 relating to the land now included within Kentucky see in this work:

Charters of Virginia, 1006, 1009, 1612 (Virginia, pp. 3783-3812).
Ordinances for Virginia, 1021 (Virginia, p. :1810).
Constitution of Virginia. 1770 (Virginia, p. .'5812).

THE TEERIT0RY SOUTH OF THE OHIO—1790

[First Congress' s Seskioni

An Act for the Government of the Territory of the United States, south of the

river Ohio i

Section 1. Be it enacted by the Senate and House of Representativex of the United States of A merica in Congress assembled, That the.territory of the United States south of the river Ohio, for the purposes of temporary government, shall be one district; the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the territory of the United States northwest of the river Ohio. And the government of the said territory south of the Ohio shall be similar to that which is now exercised in the territory northwest of the Ohio: except so far as is otherwise provided in the conditions expressed in an act of Congress of the present session, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory." J

Sec. 2. And be it further enacted, That the salaries of the officers, which the President of the United States shall nominate, and with the advice and consent of the Senate appoint, by virtue of this act, shall be the same as those, by law established, of similar officers in the government northwest of the river Ohio. And the powers, duties, and emoluments of a superintendent of Indian affairs for the southern department shall be united with those of the governor.

Approved, May 26, 1790.

"Kentucky was originally settled by the whites as a colony of Virginia, but after the revolutionary war, the settlers demanded an independent government, under the following provision in the first constitution of Virginia: "The western and northern extent of Virginia shall, in all other respects, stand, as fixed by the charter of King James I, in the year 1009, and by the public treaty of peace between the courts of Great Britain and France, in the year 170:i. unless by act of this legislature one or more governments be established westward of the Alleghany Mountains." It was not, however, until after there had been ten successive conventions elected by the people of the "district," and four successive enabling acts passed by the legislature of Virginia, that Kentucky was allowed to enter the Federal Union as an independent State, on an equality with those which had established themselves as a nation.

Dec is*TM 253918 1263

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ACT ADMITTING KENTUCKY INTO THE UNION—1791

[first Congress, Third Session

An Act declaring the consent of Congress, that a new State be formed within the jurisdiction of the Commonwealth of Virginia, and admitted into this Union, by the name of the State of Kentucky

Whereas the legislature of the commonwealth of Virginia, by an act entitled "An act concerning the erection of the district of Kentucky into an independent state," passed the eighteenth day of December, one thousand seven hundred and eighty-nine, have consented that the district of Kentucky, within the jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state: And whereas a convention of delegates, chosen by the. people of the said district of Kentucky, have petitioned Congress to consent that, on the first day of June, one thousand seven hundred and ninety-two, the said district should be formed into a new state, and received into the Union, by the name of " The State of Kentucky:"

Section 1. Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled, and it is hereby enacted and declared, That the Congress doth consent that the said district of Kentucky, within the jurisdiction of the commonwealth of Virginia, and according to its actual boundaries on the eighteenth day of December, one thousand seven hundred and eightynine, shall, upon the first day of June, one thousand seven hundred and ninety-two, be formed into a new State, separate from, and independent of, the said commonwealth of Virginia.

Sec. 2. And be it further enacted and declared, That upon the aforesaid first day of June, one thousand seven hundred and ninetytwo, the said new State, by the name and style of the State of Kentucky, shall be received and admitted into this Union as a new and entire member of the United States of America.

Approved, February 4, 1791.

CONSTITUTION OF KENTUCKY—1792 *"

We, the representatives of the people of the State of Kentucky, in convention assembled, do ordain and establish this constitution for its government.

Article I

1. The powers of government shall be divided into three distinct departments, each of them to be confided 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.

* Verified from "The General Statutes of Kentucky. Bullitt and Feloud. Louisville. The Barnaby and Gilbert Co., 1887." pp. 50-72.

"This constitution was adopted by a convention which met at Danville April 2, 1792, and completed its labors on the 19th of April, 17!)2. The constitution was not submitted to the people for ratification.

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