The Commonwealth of Kentucky has enacted four different constitutions throughout its history. Kentucky’s first constitution was implemented in 1792, with the intent to revise it at the turn of the century. After reconvening, a second constitution was enacted in 1799. The third Kentucky Constitution went into effect in 1850. Kentucky’s most recent constitution was ratified in 1891 and is still used today. Part 1 of our “Kentucky Constitution Series” examines Kentucky’s first Constitution, finished in 1792.
Understandably, the first constitutional convention of Kentucky was not actually held in Kentucky (at least not on paper). In 1784, the year of the first convention in pursuit of establishing Kentucky, the land that is now designated as the Commonwealth was officially part of Virginia. Danville, Virginia (now Danville, Kentucky) served as the location of the first convention. Ten more constitutional conventions were held over the course of the next eight years. Progress was made at each convention until the first Kentucky Constitution was finally completed. In 1790, Kentucky and Virginia agreed on terms of separation. On June 1st, 1792, the United States Congress accepted the first Kentucky Constitution. Kentucky was formally admitted as the fifteenth state.
Kentucky’s first constitution was vital to setting up a new state government. Colonel George Nicholas, the primary author, was heavily influenced by Thomas Jefferson. The document drew inspiration from the United States Constitution and the 1790 Pennsylvania Constitution. Like the United States Constitution, the Kentucky Constitution outlined three branches of government: legislative, executive, and judicial.
The document included a Bill of Rights and called for an electoral college for statewide elections (as opposed to the previously used popular vote). Additionally, Governors would be elected to four-year terms. According to the document, the Speaker of the Senate would fill in if the Governor’s position was vacant for any reason. A bicameral legislature called the General Assembly was established too. Furthermore, a new method of voting was implemented for the General Assembly. Going forward, the General Assembly would cast votes with ballots, rather than vocally. The first constitution clearly specified that no religious test would be necessary to hold public office.
The 1792 constitution called for universal male suffrage. Males could also be required to serve in the military in the event of Indian warfare. The issue of slavery was hotly contested. Emancipation was possible, but closely guarded. The constitution did exercise some humanity towards slaves, and the legislature was given the ability to prohibit the domestic and foreign slave trade in Kentucky.
Kentucky’s first constitution was crucial to the Commonwealth’s statehood and newfound state government. The governing document established many elements of state government that are still utilized today. However, the document was viewed as experiment at the time. Signers knew the first constitution would eventually need revisions to address its shortcomings. For this reason, the document explicitly called for a second constitutional convention at the turn of the 18th century.
