Isabella Carter
Colonel George Nicholas is known as the Father of the Kentucky Constitution. He was called upon to serve as chief draftsman of the document, which was first adopted in 1792 and has since been rewritten three times and amended many more. Colonel Nicholas was a strong proponent for the adoption of the Constitution when Virginia considered ratification at its 1788 convention.
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What You'll Learn
Colonel George Nicholas was the 'Father of the Kentucky Constitution'
Colonel George Nicholas, the "Father of the Kentucky Constitution", was born in Williamsburg, Virginia, in 1754. He studied law, likely under the supervision of his father, Robert Carter Nicholas, a prominent colonial lawyer and politician. During the Revolutionary War, Nicholas enlisted and rose to the rank of lieutenant colonel in the Continental Army. After the war, he moved with his wife and growing family to Charlottesville, Virginia, to pursue a legal career.
In 1788, Nicholas successfully advocated for the ratification of the federal Constitution as a member of the Virginia Ratification Convention. That same year, he and his family moved to Lexington, Kentucky, where they had a home built. However, Nicholas' primary residence was his large plantation just outside of Danville, Kentucky.
Nicholas quickly rose to prominence in Kentucky's political affairs due to his sharp mind and political astuteness. He was appointed by President Washington as the first United States Attorney for the District of Kentucky in 1789. Nicholas played a crucial role in Kentucky's quest for statehood, and in 1792, he became the primary author of the Kentucky Constitution. This document mirrored the federal Constitution but ensured Kentucky's separation from Virginia, its "parent state".
The Kentucky Constitution of 1792 established the Commonwealth of Kentucky's legal and constitutional framework and marked its entry into the federal Union. Nicholas' efforts solidified his status as Kentucky's first statesman and the primary founder of the Commonwealth. He went on to serve as Kentucky's first attorney general before retiring from public life and returning to Lexington to practice law.
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The first Kentucky Constitution was adopted in 1792
Colonel Benjamin Logan called the first constitutional convention of Kentucky on December 27, 1784, in Danville, Lincoln County, Virginia. The state's first constitution was largely based on the Pennsylvania 1790 Constitution, especially its Bill of Rights. Unfortunately, no debate transcripts exist for the 1792 constitutional convention. However, researchers can refer to the "Proceedings Relative to Calling the Conventions of 1776 and 1790" and the "Minutes of the Convention that Forms the Present Constitution of Pennsylvania" to understand the intentions behind the Kentucky Constitution.
Colonel George Nicholas, one of Kentucky's leading legal minds, was the chief draftsman of the document and is thus known as the "Father of the Kentucky Constitution." Nicholas had also supported the adoption of the Constitution when Virginia considered ratification at its 1788 convention. He was later appointed by President Washington as the first US Attorney for the District of Kentucky.
Nicholas' constitution lacked mention of key areas such as taxation, education, and a scheme to amend the document. This led to calls for a new convention, resulting in the 1799 Constitution, which was largely based on Nicholas' work. The 1799 Constitution abolished the electoral college and allowed for the direct election of senators, representatives, the governor, and the newly created office of lieutenant governor. It also expanded the governor's power to appoint local officials but placed term limits on the governor's office.
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The 1792 Constitution was based on the Pennsylvania 1790 Constitution
The 1792 Constitution of the Commonwealth of Kentucky was the state's first constitution and was based on the Pennsylvania 1790 Constitution. It was accepted by the United States Congress on June 1, 1792, making Kentucky the fifteenth state. The 1792 Constitution had several similarities to the United States Constitution, including a provision for three branches of government: legislative, executive, and judicial, as well as a bicameral legislature called the General Assembly.
The 1792 Constitution included some relatively new ideas, such as the stipulation that the General Assembly vote by ballot instead of voice. It also required representation to the General Assembly to be based on population rather than geography. This constitution was considered an experiment and included a provision for its re-evaluation at the end of the century.
The first constitutional convention of Kentucky was called by Colonel Benjamin Logan in 1784, and over the next eight years, ten constitutional conventions were called, each making progress toward a viable constitution. The 1792 Constitution was largely based on the work of Colonel George Nicholas, who was a strong proponent of the Constitution when Virginia considered ratification at its 1788 convention. President Washington appointed him as the first United States Attorney for the District of Kentucky, and he settled in Danville, then the seat of government.
The deficiencies in the 1792 Constitution and the inability to amend it led to calls for a new constitutional convention, which resulted in the second Kentucky constitution in 1799. This new constitution was also based on Nicholas' work and included significant changes such as the abolition of the electoral college and the direct election of senators, representatives, and the governor.
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The 1799 Constitution was regressive
Colonel George Nicholas, a strong proponent for the adoption of the Constitution, is regarded as the "Father of the Kentucky Constitution". Kentucky has had four constitutions, the first of which was adopted in 1792, the same year the Commonwealth of Kentucky was admitted into the Union as the fifteenth state. The second constitution was adopted in 1799, the third in 1850, and the fourth in 1891, which is currently in force.
Secondly, the 1799 Constitution expanded the governor's powers by granting them the authority to appoint a range of local offices, including judges, sheriffs, coroners, and justices of the peace. This concentration of power in the hands of the governor was a cause of dissatisfaction and was later addressed in the 1850 Constitution, which made all state officials, including judges, popularly elected.
Thirdly, the 1799 Constitution made it more difficult to call a constitutional convention, which was already challenging under the first two Kentucky constitutions. This change further hindered the process of amending the constitution and addressing any deficiencies that arose over time.
Furthermore, while the 1799 Constitution imposed term limits on the governor, stipulating that a governor could not succeed themselves in office for a period of seven years, it did not provide a clear mechanism for enforcing these limits. This issue was later addressed in the 1891 Constitution and its subsequent amendments, which imposed term limits on the governor and the lieutenant governor, ensuring a smooth transition of power.
In conclusion, the 1799 Constitution of Kentucky was regressive in nature, marking a step back from the progressive ideals of the previous constitution. It consolidated power in the hands of the governor, reduced transparency in the voting process, and made it more difficult to amend the constitution through a constitutional convention. However, it also introduced term limits for the governor, a step towards good governance that would be further refined in later constitutions.
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The 1891 Constitution was amended in 1992
Colonel George Nicholas is regarded as the "Father of the Kentucky Constitution". Nicholas was a strong proponent of the adoption of the Constitution when Virginia considered ratification at its 1788 convention. He was later appointed by President Washington as the first US Attorney for the District of Kentucky.
The state's first constitution was accepted by the US Congress on June 1, 1792, marking Kentucky's admission as the 15th state in the Union. This original constitution was revised in 1799, 1850, and 1891. The 1891 Constitution was Kentucky's third constitution and it was ratified in September of that year.
In 1996, Sections 180 and 187 were amended to remove language that allowed local governments to levy a poll tax on each person within the county or city. It also removed the requirement for separate schools for "white" and "colored" children. The Kentucky Constitution has been amended 41 times as of 2024, with the most recent amendment occurring on November 5, 2024.
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Frequently asked questions
Colonel George Nicholas is known as the "Father of the Kentucky Constitution".
Colonel Nicholas was called upon to serve as the chief draftsman of the document.
The first Kentucky Constitution, adopted in 1792, provided for three branches of government (legislative, executive, and judicial) and a bicameral legislature called the General Assembly. It also included provisions that protected slavery and prohibited the legislature from passing laws for the emancipation of slaves without the prior consent of their owners.
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