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 JK3425 1846 .A55 
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 Constitution of the state of New York : 
 
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CONSTITUTION 
 
 OF THE 
 
 STATE OF NEW TOEK, 
 
 ADOPTED IN 1846. 
 
 COMPARATIVE ARRANGEMENT OF THE CONSTITUTIONAL 
 
 PROVISIONS OF OTHER STATES, CLASSIFIED 
 
 BY THEIR SUBJECTS. 
 
 PREPARED tmBER THE DIRECTION OF A COMMITTEE OP THENEW YORK CONSTITUTIONAL 
 
 CONVENTION OP 1867, ~~ 
 
 BY FRANKLIN B. HOUGH. 
 
 ALBANY : 
 
 WEED, PARSONS & COMPANY, PRINTERS. 
 1867. 
 
I w-T.^p.^v'^^v. 
 
PREFACE. 
 
 Peevious to the meeting of the present Constitutional Convention, a summary 
 of the various provisions found in the existing Constitution of the several States 
 had been prepared by Dr. FKANKiiiN B. Hough, with the design of affording 
 facilities for comparison and reference in the revision of the Constitution of the 
 State of New York. This summary was examined by several delegates to the 
 Convention, and soon after organization the undersigned were appointed a com- 
 mittee to take into consideration the expediency of printing in bill form the 
 present Constitution of New York, with such comparative references as might be 
 proper. This committee, after a careful examination of the plan proposed by Dr. 
 Hough, approved of its general arrangement, but recommended a more extended 
 list of references, a specification of the 'page, in the volume of Constitutions 
 forming the first volume of the " Manual," where the subject referred to would 
 be found in its proper connection, and the adoption of the exact phraseology used 
 in the several Constitutions whenever practicable. A concise statement was 
 thought proper in cases where it might be desirable to present the various pro- 
 visions upon particular subjects at a single glance. 
 
 It would have been desirable to include in this connection references to legal 
 decisions upon constitutional points, but the brief time allowed for the prepara- 
 tion, upon the plan as modified, rendered this altogether impracticable. 
 
 From the blending of several subjects into one section, which in other cases 
 are stated separately, a strict classification could not in all cases be secured, but 
 to render this inconvenience less sensible, an extended index has been prepared, 
 which will obviate much of the diflSculty of reference. 
 
 As a general rule, provisions of a strictly local character, and such as refer to 
 circumstances and conditions that have passed away, are omitted. Whenever 
 
4 
 
 these have been retained, the analogies which they suggest were thought worthy 
 
 of notice, as in some cases having relation to a similar application in the revision 
 
 now before the Convention. "Whenever reference is made to sections " nearly 
 
 similar," it will be understood that they differ somewhat in the phraseology, but 
 
 that they agree in their general statement. In some instances lengthy sections, 
 
 embracing minute details, are referred to without insertion, or with but a brief 
 
 analysis of their subject. 
 
 JOHlfT STAFTO:tf GOULD, Chairman, 
 
 Q. M. BBCKWITH, 
 
 JAMES A. BELL, 
 
 G. J. TUOKEE, 
 
 MAEIUS SOHOONMAKEE. 
 
CONSTITUTION OF NEW YORK, 
 
 ADOPTED IN 184:6. 
 
 We, the People of the State of New Yorh, grateful to Almighty God for our freedom, 
 in order to secure i,ts blessings, do establish this Constitution.^) 
 
 AETIOLE I. 
 
 1 Section 1. No member of this State shall be disfranchised, or deprived of 
 
 2 any of the rights or privileges secured to any citizens thereof, unless by the 
 
 3 law of the land, or the judgment of his peers.Q 
 
 (1) N. Y., (1821), 41 Minn., 319. 
 {2)N. Y., (1777), 28; (1821), 41. 
 
 PREAMBLE. 
 — In order to form a more perfect Union, establish 
 justice, insure domestic tranquility, provide for 
 the common defense, promote the general welfare, 
 and secure the blessings of liberty to ourselves and 
 our posterity, do ordain and establish this Constitu- 
 tion. U. S., 9. [Same except " government" in 
 place of " Union,"] III 151. 
 
 — And secure to ourselves and to our posterity the 
 rights of hfe, liberty and property ; invoking the favor 
 and guidance of Almighty God, do ordain and estab- 
 lish the foUovring Constitution and form of govern- 
 ment. Ala. 72. 
 
 — Having the right to establish for ourselves a Con- 
 stitution in conformity vifith the Constitution of the 
 United States of America, to secure to ourselves and 
 our posterity the protection and blessings of the 
 Federal Constitution, and the enjoyment of all the 
 rights of hberty and the free pursuit of happiness, do 
 agree to continue ourselves as a free and indepen- 
 dent State, by the name and style of , and do 
 
 orda:in and establish the following Constitution for 
 the government thereof. Ark. 83. 
 — In order more effectually to define, secure and per- 
 petuate the liberties, rights and privileges which they 
 have derived from their ancestors, hereby, after a 
 careful consideration and revision, ordain and estab- 
 lish the following Constitution and form of civil 
 government. Ct. 107. 
 
 — In order to secure to ourselves and our posterity 
 the enjoyment of all the rights of life, liberty and 
 property, and the pursuit of happiness, do mutually 
 agree, each with the other, to form the following 
 Constitution and form of government in and for the 
 said State. Fla. 128. 
 
 — In order to form a permanent government, estab- 
 lish justice, insure domestic tranquility and secure 
 the blessing of liberty to ourselves and our posterity 
 — acknowledging and invoking the guidance of Al- 
 mighty God, the author of all good government, do 
 ordain and establish this Constitution. Ga. 142. 
 — To the end that justice be established, public order 
 maintained, and liberty perpetuated, we, the people 
 of. Ind. 169; Or. 447. 
 
 — Grateful to the Supreme Being for the blessings 
 hitherto enjoyed, and feeling our dependence on Him 
 for a continuation of those blessings, do ordain and 
 establish a free and independent government by the 
 name of Iowa, 182. 
 
 —Grateful to Almighty God for our civil and religious 
 privileges, in order to insure the full enjoyment of 
 our rights as American citizens, do ordain and estab- 
 lish this Constitution. Kan. 198. 
 —We, the representatives of thp ppople of ^^-, in 
 
 Convention assembled, to secure to all the citizens 
 thereof the enjoyment of the rights of life, liberty 
 and property, and of pursuing happiness, do ordain 
 and establish this Constitution for its government. 
 Ky. 209. 
 
 — We, the people of the State of , grateful to 
 
 Almighty God for our civil and religious liberty, and 
 taking into our serious consideration the best means 
 for establishing a good Constitution in this State, for 
 the sure foundation and more permanent security 
 thereof declare: Md. 253. 
 
 — Acknowledging with grateful hearts, the goodness 
 of the Sovereign Kuler of the Universe in affording 
 us an opportunity so favorable to the design; and 
 imploring his aid and direction in its accomplishment, 
 do agree to form ourselves into a free and indepen- 
 dent State, by the style and title of . Me. 239. 
 
 — The end of the institution, maintenance and admin- 
 istration of Government, is to secure the existence 
 of the body politic, to protect it, and to furnish the 
 individuals who compose it with the power of enjoy- 
 ing in safety and tranquility, their natural rights, and 
 the blessings of life ; and whenever these great objects 
 are not obtained, the people have a right to alter the 
 government, and to take measures necessary for their 
 safety, prosperity and happiness. 
 — The body politic is formed by a voluntary associa- 
 tion of mdividuals ; it is a social compact, by which 
 the whole people covenants with each citizen, and 
 each citizen with the whole people, that all shall be 
 governed by certain laws for the common good. It 
 is the duty of the people, therefore, in framing a Con- 
 stitution of government, to provide for an equitable 
 mode of making laws, as well as for an impartial 
 interpretation and a faithful execution of them ; that 
 every man may, at all times, find his security in them, 
 
 We, therefore, the people of , acknowledging, 
 
 with grateful hearts, the goodness of the great Legis- 
 lator of the Universe, in affording us, in the course 
 of His providence, an opportunity, deliberately and 
 peaceably, without fraud, violence or surprise, of 
 entering into an original, explicit and solemn com- 
 pact with each other ; and of forming a new Consti- 
 tution of civil government for ourselves and pos- 
 terity; and devoutly imploring His direction in so 
 interesting a design, do agree upon, ordain and estab- 
 lish the following Declaration of Rights and Frame of 
 Government, as the Constitution of the Common- 
 wealth OF . Mass. 279. 
 
 — Grateful to God for our civil and religious liberty, 
 and desiring to perpetuate its blessings, and secure 
 the same to ourselves and our posterity, do ordain 
 and establish this Constitution. Min., 319. 
 — Grateful to Almighty God, the Sovereign Ruler 
 of Natioiis, for our State government, our liberties, 
 and our connection with the American Union, and 
 apknflwlpdging pur dppendpnoe upon Him for the 
 
continuance of those blessings to us and our pos- 
 terity, do, for the more certain security thereof, 
 and for the better government of this State, ordain 
 and establish this revised and amended Constitution. 
 Mo., 346. 
 
 — That the general, great, and essential principles of 
 liberty and free government may be recognized and 
 established, and that the relations of this State to 
 the Union and government of the United States, and 
 those of the people of this State to the rest of the 
 American people, may be defined and affirmed, we 
 do declare : Mo. 346. 
 
 — Grateful to Almighty God for our freedom, in 
 order to secure its blessings, form a more perfect gov- 
 ernment, insure domestic tranquility and promote the 
 general welfare, do establish this Constitution. Neh. 
 370; (nearly identical), Neo. 379; Ohio, 432 ; Wis. 559. 
 — Grateful to Almighty God for the civil and relig- 
 ious liberty which He hath so long permitted us to 
 enjoy, and looking to Him for a blessing upon our 
 endeavors to secure and transmit the same unim- 
 paired to succeeding generations, do ordain and 
 establish this Constitution. Nt J., 411. 
 — That the general, great and essential principles of 
 liberty and free government may be recognized and 
 established, we declare. Miss., 334. 
 —Acknowledging, with gratitude the grace and 
 beneficence of God in permitting us to make a choice 
 of our form of government do ordain and establish 
 tliis Constitution. Tex., 505. 
 
 — That the general, great and essential principles of 
 liberty and free government may be recognized and 
 established, we declare. Ala., 72; Ct., 107; Fl., 
 129; III. 165; Pot., 467; Tex., 505; Tenn., 490. 
 
 [A simple declaration of establishment.] Del., 116 ; 
 Pa., 461 ; S. 0., 482. 
 
 [Authority of U. S., recited.] Tenn., 490. 
 
 [No preamble.] Cal., La., Md., Mich., N. H., N. C, 
 R. I., Vt., Va., W. Va. 
 
 INHERENT EIGHTS. 
 -T-The free inhabitants of pach of these States, pau- 
 pers, yagaboijds arid fugitives from justice excepted, 
 shall be entitled ^ all the privileges of free citizens. 
 Art. Confed., 3. 
 
 — All men are born free and equal, and have certain 
 natural, essential and unalienable rights ; among which 
 may be reckoned the right of enjoying and defending 
 their lives and liberties ; that of acquiring, possessing 
 and protecting property ; in fine, that of seeking and 
 obtaining their safety and happiness. Mass., 280 
 (nearly similar) Neb., 370 ; Nev., 379 ; N. H., 398 
 N. J., 412 ; Ohio, 432 ; Pa., 467 ; Vt., 521 ; Va., 531 
 Wis., 559. 
 
 — Therefore, no male person, born in this country, or 
 brought from over sea, ought to be holden, by law, 
 to serve any person, as a servant, slave or apprentice, 
 after he arrives to the age of twenty-one years, nor 
 female, in like manner, after she arrives to the age of 
 eighteen years, unless they are bound by their own 
 consent after they arrive to such age, or bound by 
 law for the payment of debts, damages, fines, costs 
 or the like. Vi., 521. 
 
 — No attainder ^hall work corruption of blood, nor, 
 except during the hfe of the offender, forfeiture of 
 estate. The estatps of those who destroy their own 
 lives shall descend or yest as in case of natural death, 
 end if any person be killed by accident, no forfeiture 
 shall be thereby incurred. Del., 117. 
 T-The estate of such person? as may destroy their 
 own lives shall not for that offense be forfeited, but 
 descend or ascend in the same manner as if such per- 
 son had died in a natural way. Nqr shall any article 
 which shall accidentally occasion the death of any 
 person be henceforth deemed a deodand, or in any 
 wise forfeited on account of such misfortune. N. H., 
 409; n, 526. 
 
 — That the estates of suicides shall descend, or vest, 
 as in cases of natural death ; and that, if any person 
 shall be killed by casualty, tliere shall be no forfeiture 
 by reason thefepf. 4to., 73 ; Ky., 224. 
 
 — Emigration from the State shall not be prohibited. 
 Ala., 74; Ind., 171; Ky., 224; Or., 448; Pa., 463. 
 — Nor shall any free white citizen of this State ever 
 be exiled under any pretence whatever. Miss., 335. 
 — That all the people have a natural and inherent 
 right to emigrate from one State to another that will 
 receive them. Vt, 522. 
 
 — No capitation or other direct tax shall be laid 
 unless --in proportion to the census or enumeration 
 herein before directed to be taken. U. 8., 13. 
 —The General Assembly shall have power to au- 
 thorize the levying of a capitation tax. Fl., 137. 
 —Capitation tax shall be equal throughout the State, 
 upon all individuals subject to the same. N. C, 430. 
 — No poll-tax shall be assessed for other than county 
 purposes. ArTc., 93. 
 
 — The General Assembly may, whenever they shall 
 deem it necessary, cause to be collected from all able- 
 bodied, free white male inhabitants of this State, 
 over tlie age of twenty-one years and under the age 
 of sixty years, who are entitled to the right of 
 suffrage, a capitation tax of not less than fifty cents, 
 nor more than one dollar each. 111., 163. 
 — That the levying of taxes by the poll is grievous 
 and oppressive, and ought to be prohibited; that 
 paupers ought not to be ■ assessed for the support 
 of the Government, but every other person in the 
 State, or persons holding property therein, ought to 
 contribute his proportion of public taxes for the sup- 
 port of Government, according to his actual worth 
 in real or personal property; yet fines, duties or taxes 
 may properly and justly be imposed or laid with a 
 political view, for the good government and benefit 
 of the community. iM., 254. 
 
 — No special privileges or immunities shall ever be 
 granted by the Legislature, which may not be altered, 
 revoked or repealed by the same body; and this 
 power shall be exercised by no other tribunal or 
 agency. Kan., 197. 
 
 — That a long continuance in the Executive Depart- 
 ments, of power or trust, is dangerous to liberty ; a 
 rotation, therefore, in those departments, is one of 
 the best securities of permanent freedom. Md., 255. 
 — Government is instituted for the common good ; 
 for the protection, safety, prosperity and happiness of 
 the people ; and not for the profit, honor or private 
 interest of any one man, family or class of men; 
 therefore, the people alone have an incontestable, 
 unalienable and indefeasible right to institute govern- 
 ment, and to reform, alter or totally change the same, 
 when their protection, safety, prosperity and happi- 
 ness require it. Mass., 280; (nearly similar), Min., 
 319; Nev. 379; Vt, 520; Va., 531; N. H., 399. 
 — ^No man, nor corporation, or association of men, 
 hare any other title to obtain advantages, or particu- 
 lar and exclusive privileges, distinct from those of the 
 community, than what rises from the consideration 
 of services rendered to the public ; and this title being 
 in nature neither hereditary, nor transmissible to 
 children or descendants, or relations by blood, the 
 idea of a man born a magistrate, law-giver or judge, 
 is absurd and unnatural. Miss., 280. 
 — No title of nobihty or hereditary distinction, privi- 
 lege, honor or emolument, shall ever be granted or 
 confirmed ; nor shall any office be created, the ap- 
 pointment to which shall be for a longer time than 
 during good behavior. Me., 240. 
 — No office Or place whatsoever in government shall 
 be hereditary — the abilities and integrity requisite in 
 all not being transmissible to posterity or relations. 
 N H., 399. "^ 
 
 — That the Legislature shall not grant any title of 
 nobility or hereditary distinction, nor create any 
 office, the appointment of which shall be for a longer 
 term than during good behavior. Pa., 468 ; 5. C. 488, 
 —No title of nobility shall be granted; and no person 
 holdmg any office of profit or trust under them, shall, 
 without the consent of the Congress, accept of any 
 present, emolument, office or title, of any kind 
 whatever, from any king, prince, or foreign State. 
 U. O.J io. 
 
— That no person ought to hold at the same time 
 more than one office of profit created by the Consti- 
 tution or Laws of the State ; nor ought any person 
 in pubUc trust to receive any present from any for- 
 eign prince, or State, or from the United States, or 
 any of them, without the approbation of this State. 
 Md., 255. 
 
 — No hereditary emoluments, privileges or honors 
 shall ever be granted or conferred in this State. 
 Ct., 108; (nearly similar), Fl, 130; Kan., 197; Ky., 
 224; N. a, 4:22; Or., 448. 
 
 — No hereditary distinction shall be granted, nor any 
 office created or exercised, the appointment to which 
 shall be for a longer term than during good beha- 
 vior; and no person holding any office under this 
 State, shall accept of any office or title of any kind 
 whatever, from any king, prince, or foreign State. 
 Del, 117. 
 
 — That no title of nobility or hereditary distinction, 
 privilege, honor, or emolument, shall ever be granted 
 or conferred in this State ; and that no office shall be 
 created, the appointment of which shall be for a 
 longer term than during good behavior. Ala., 74. 
 — That no title of nobility or hereditary honors ought 
 to be granted in this State. Md., 250; Ind., 171. 
 — All freemen, when they form a social compact, 
 have equal rights, and no man or set of men, is 
 entitled to exclusive, separate public emoluments, or 
 privileges, but in consideration of public services. 
 £y., 223; Tex., 505. 
 
 — Economy being a most essential virtue in all 
 States, especially in a young one; no pension should 
 be granted but in consideration of actual services; 
 and such pension ought to be granted with great 
 caution by the Legislature, and never for more than 
 one year at a time. N. H., 401. 
 — The powers of government reside in all the citi- 
 zens of the State, and can be rightfully exercised 
 only in accordance with their will and appointment. 
 W. Va., 546. 
 
 — None but citizens of the United States shall be 
 appointed to any office of trust or profit in this 
 State. La., 233. 
 
 — That absolute, arbitrary power over the lives, 
 liberty, and property of freemen, exists nowhere in a 
 republic — not even in the largest majority. Ky., 223. 
 — No authority shall, on any pretense whatever, be 
 exercised over the people or members of this State, 
 but such as shall be derived from and granted by 
 them. N. Y. (1777), 26. 
 
 — The people of this State have the sole and exclu- 
 sive right of governing themselves as a free, sovereign 
 and independent State, and do, and forever hereafter 
 shall exercise and enjoy every power, jurisdiction and 
 right pertaining thereto, which is not or may not 
 hereafter be by them expressly delegated to the 
 United States of America, in Congress assembled. 
 N. K, 399. 
 
 — Nor are the people bound by any law but such as 
 they have in like manner assented to, for their com- 
 mon good. Vt., 522. 
 
 — That every citizeu of this State owes paramount 
 allegiance to the Constitution and government of the 
 United States, and that no law or ordinance of this 
 State in contravention or subversion thereof can 
 have any binding force. Mo., 346. 
 — That this State shall ever remain a member of the 
 American Union; that the people thereof are a part 
 of the American nation ; and that all attempts, from 
 whatever source and upon whatever pretext, to dis- 
 solve said Union, or to sever said nation, ought to be 
 resisted with the whole power of the State. Mo., 346. 
 — The Constitution of the United States and the laws 
 made in pursuance thereof being the supreme law of 
 the land, every citizen of this State owes paramount 
 allegiance to the Constitution and Government of the 
 United States, and is not bound by any law or ordi- 
 nance of this State in contravention or subversion 
 thereof. Md., 254. 
 
 — But the paramount allegiance of every citizen is 
 due to the Federal government, in the exercise of all 
 
 .its Constitutional powers as the same have been or 
 may be defined by the Superior Court of the United 
 States ; and no power exists in the people of this or 
 any other State of the Federal Union to dissolve 
 their connection therewith, or perform any act tend- 
 ing to impair, subvert or resist the supreme authority 
 of the United States. The Constitution of the 
 United States confers full powers on the Federal 
 government to maintain and perpetuate its existence, 
 and whensoever any portion of the States or the 
 people thereof, attempt to secede from the Federal 
 Union, or forcibly resist the execution of its laws the 
 Federal government may by warrant of the Constitu- 
 tion employ armed force in compelling obedience to 
 its authority. Nev., 379. 
 
 — Every member of the community has a right to be 
 protected by it in the enjoyment of his life, liberty, 
 and property. He is therefore bound to contribute 
 his share in the expense of such protection, and to 
 yield his personal service, when necessary, or an 
 equivalent. N. H., 399 ; (nearly similar), Vt., 520. 
 — Protection to person and property is the duty of 
 government. Oa., 142. 
 
 — All political power is inherent in the people, and 
 all free governments are founded on their authority, 
 and instituted for their benefit ; and they have, at all 
 times, the unalienable right to alter, reform, or abolish 
 their form of government in such manner as they 
 may think expedient. Tex., 505; (nearly similar) 
 Ohio, 572; Po., 467; S. C, 487; N. C, 421; Mo., 
 346 ; N. B., 399. 
 
 — That we hold it to be self-evident that all men are 
 created equally free ; that they are endowed by their 
 Creator with certain unalienable rights, among which 
 are life, liberty, the enjoyment of the proceeds of their 
 own labor, and the pursuit of happiness. Md., 253. 
 — That the people of this State, by their legal Repre- 
 sentatives, have the sole, inherent and exclusive right 
 of governing and regulating the internal police of 
 the same. Vt., 521. 
 
 — That all government of right originates from the 
 people, is founded in compact only, and instituted 
 solely for the good of the whole ; and they have at 
 all times the unalienable right to alter, reform or 
 abohsh their form of government in such manner as 
 they may deem expedient. Md., 253. 
 — That all men, when they form a social compact, are 
 equal in rights ; and that no man or set of men, are 
 entitled to exclusive public emoluments, or privileges, 
 from the community. Ct, 107 ; Or., 447 ; Miss., 334. 
 — That all men when they form a social compact, are 
 equal, and have certain inherent and indefeasible 
 rights, amongst which are those of enjoying and 
 defending life and liberty; of acquiring, possessing 
 and protecting property and reputation, and pursuing 
 their own happiness. Ark., 84 ; Fl, 129. 
 — That the people of this State ought to have the 
 sole and exclusive right of regulating the internal 
 government and police thereof. Md., 253. 
 — ^All power residing originally in the people, and 
 being derived from them, the several magistrates and 
 officers of government, vested with authority, whether 
 legislative, executive or judicial, are the substitutes 
 and agents, and are at all times accountable to them. 
 Mass., 280. 
 
 — All men are by nature free and independent, and 
 have certain unalienable rights, among which are 
 those of enjoying and defending life and liberty, 
 acquiring, possessing and protecting property, and 
 pursuing and obtaining safety and happiness. Cal, 
 96; (substantially similar). Ml, 165; Iowa, 183; Kan., 
 196; Me., 239; Mo., 396. 
 
 — When men enter into a state of society they sur- 
 render up sopie of their natural rights to that society, 
 in order to procure the protection of others, and 
 without such equivalent the surrender is void. N. S,, 
 398. 
 
 — Through Divine goodness all men have, by nature, 
 the rights of worshipping and serving their Creator 
 according to the dictates of their consciences, of 
 enjoying and defending life and liberty, of acquiring 
 
1 S 2. The trial by jury in all cases in wliich it has been heretofore used, shall 
 
 2 remain inviolate forever (') ; but a jury trial may be waived by the parties in 
 
 3 all civil cases in the manner prescribed by law.f) 
 
 and protecting reputation and property, and, in gen- 
 eral of attaining objects suitable to tlieir condition, 
 without injury by one to another ; and as these rights 
 are essential to their welfare, for the due exercise 
 thereof, power is inherent in them ; and therefore all 
 just authority in the institutions of political society, is 
 derived from the people, and established with their 
 consent, to advance their happiness : And they may 
 for this end, as circumstances require, from time to 
 time, alter their Constitution of government. Del, 116. 
 — The General Assembly shall not grant to any citizen, 
 or class of citizens, privileges or immunities, which, 
 upon the same terms shall not equally belong to all 
 citizens. lad., 171. 
 
 — That no man, and no set of men are entitled to 
 exclusive separate pubhc emoluments or privileges, 
 but in consideration of public services. Ala., 72; Ttrx., 
 508; Va., 531; N. C, 421. 
 
 — The Legislature shall pass no law requiring a 
 property qualification for office. La., 235. 
 — We declare that all men are created equal ; that 
 they are endowed by their Creator with certain un- 
 alienable rights; that among these are life, liberty, 
 ^nd the pursuit of happiness; that all power is 
 inherent in the people; and that all free governments 
 are, and of right ought to be, founded on their au- 
 thority, and instituted for their peace, safety and well 
 being. For the advancement of these ends, the people 
 have, at all times, an indefeasible right to alter and 
 reform their government. Ind., 170. 
 — All political power is inherent to the people. G-ov- 
 ernment is instituted for the protection, security and 
 benefit of the people ; and they have the right to 
 alter or reform the same whenever the public good 
 may require it. Cal, 96 ; (nearly similar) Iowa, 183 ; 
 Kan., 197 ; Ky., 223 ; Miss., 334 ; N. J., 412 ; Or., 
 447; R. I., 437; Tenn., 490; Va., 531; Yt., 521. 
 — That all power is inherent in the people, and all 
 free governments are founded on their authority, and 
 instituted for their peace, safety and happiness. III., 
 165; J/e., 239. 
 
 — They have, therefore, an unalienable and indefeas- 
 ible right to institute government, and to alter, 
 reform, or totally change the same, when their safety 
 and happiness require it. Me., 239. 
 — That all persons invested with the Legislative or 
 Executive powers of government are the trustees of 
 the public, and as such accountable for their conduct; 
 wherefore, whenever the ends of Government are 
 perverted, and public liberty manifestly endangered, 
 and all other means of redress are ineffectual, the 
 people may and of right ought to reform the old or 
 establish a new government. The doctrine of non- 
 resistance against arbitrary power and oppression is 
 absurd, slavish and destructive of the good and hap- 
 piness of mankind. Md., 254. 
 — That the people of this State have the inherent, 
 sole, and exclusive right of regulating the internal 
 government and police thereof, and of altering and 
 abolishing their Constitution and form of government, 
 whenever it may be necessary to their safety and 
 happiness ; but every such right should be exercised 
 in pursuance of law, and consistently with the Con- 
 stitution of the United States. Mo., 346. 
 — That every foreigner who comes to settle in this 
 State, having first taken an oath of allegiance to the 
 same, may purchase, or, by other just means acquire, 
 hold, and transfer land, or other real estate, and after 
 one year's residence be deemed a free citizen. N. C, 
 426. 
 
 — Naturalization of foreigners allowed. N. Y., 
 (1777), 33. 
 
 — That all political power is inherent in the people, 
 and all free governments are founded on their 
 authority, and instituted for their benefit; and that, 
 
 therefore, they have at all times an inalienable and 
 indefeasible right to alter, reform or abolisli their 
 form of government in such manner as they may 
 deem expedient. AU., 72; (substantially similar), 
 J.7-fe, 84; Ct, \01;Fl., 129. 
 
 EIGHT OP TRIAL; TEIAL BY JURY. ' 
 
 (1) [Thus far in Constitution of 1821, with the 
 following addition:] "And no new court shall be 
 instituted, but such as shall proceed according to the 
 course of the common law; except such courts of 
 equity, as the Legislature is herein authorized to 
 establish." P. 41. 
 
 (2) [Similar provision], N. Y., (1777), and Minn., 
 319; Mich., 307; Nev., 379. 
 
 — The Legislative Assembly shall so provide that the 
 most competent of the permanent citizens of the 
 county shall be chosen for jurors ; and out of the whole 
 number in attendance at the court, seven shall be 
 drawn by lot as grand jurors, five of whom must 
 concur to find an indictment ; but the Legislative As- 
 sembly may modify or abolish grand juries. Or., 454l. 
 — The right of trial by jury shall remain inviolate; 
 and shall extend to all cases at law, without regard 
 to the amount in controversy ; but a jury trial may 
 be waived by the parties in all cases, in the manner 
 prescribed by law. Wis., 560. 
 
 — That the inhabitants of are entitled to the 
 
 common law of England, and to the trial by jury ac- 
 cording to the course of that law, and to the benefit 
 of such of the English statutes as existed on the 
 fourth day of July, seventeen hundred and seventy- 
 six, and which by experience, have been found appli- 
 cable to their local and other circumstances, and 
 have been introduced, used and practiced by the 
 courts of law or equity, and also of all acts of 
 Assembly in force on the first day of June, eighteen 
 hundred and sixty-four, except such as may have 
 since expired or maybe inconsistent with the pro- 
 visions of this Constitution, subject, nevertheless, to 
 the revision of and amendment or repeal by the 
 Legislature of this State ; and the inhabitants are 
 also entitled to all property derived to them from or 
 under the charter granted by His Majesty Charles the 
 First. Md., 253. 
 
 — That no person shall be accused, arrested, or 
 detained, except in cases ascertained by law, and 
 according to the forms which the same has prescribed; 
 and that no person shall be punished but by virtue of a 
 law established and promulgated prior to the offense, 
 and legally apphed. Ala., 73. 
 
 — That the right of trial by jury shall remain invio- 
 late; and shall extend to all cases at law without 
 regard, to the amount in controversy. lU., 165. 
 — That the trial of facts where they arise is one of 
 the greatest securities of the lives, liberties and 
 estate of the people. Md., 254. 
 — ^No person shall be held to answer Ibr treason, 
 felony or other crime not cognizable by a justice, 
 unless on presentment or indictment of a grand jury. 
 W. Va., 547. 
 
 — The Legislature may authorize a trial by a jury of 
 a less number than twelve men. Mich., 304. 
 — No person shall be deprived of life, liberty, or 
 property, except by due process of law. Oa., 142. 
 —In criminal prosecutions, the verification of facta, 
 in the vicinity where they happen, is one of the 
 greatest securities of the life, liberty and property of 
 the citizens. Mass., 251. 
 
 — That the ancient mode of trial by jury shall be 
 held sacred, and the right thereof remain inviolate, 
 subject to such modifications as may be authorized 
 by this Constitution. Ky., 223. 
 —The jurors of this State shall be white men, pos- 
 
sessed of such qualifications as maybe prescribed bv 
 law. Fl, 140. •/ r J 
 
 —Trials of issues proper for the cognizance of a jury, 
 in the Supreme and County Courts, shall be by 
 ]ury, except where the parties otherwise agree ; and 
 great care ought to be taken to prevent corruption, 
 or partiality, in the choice and return, or appointment 
 of juries. Ft, 526. 
 
 — That no person shall be debarred from prosecuting 
 or defending, before any tribunal in this State, by 
 himself or counsel, any civil cause to which he is a 
 party. Ah,., 73. 
 
 — Every court in which any person shall be sum- 
 moned to serve as a grand or petit juror, shall require 
 mm, before he is sworn as a juror, to take such oath, 
 in open court; and no person refusing to take the 
 same shall serve as a juror. Mo., 350. 
 — No fine shall be laid on any citizen of this State, 
 that shall exceed fifty dollars; unless it shall be 
 assessed by a jury of his peers, who shall assess the 
 fine at the time they find the fact, if they think the 
 fine should be more than fifty dollars. Tenn. 497. 
 — In all cases of law or equity, where the matter in 
 controversy shall be valued at or exceed twenty dol- 
 lars, the right of trial by jury shall be preserved. 
 Tex., 512. 
 
 — That no freeman shall be imprisoned, or disseized 
 of his freehold, hberties, or privileges, or outlawed 
 or exiled, or in any manner deprived of his life, 
 liberty, or property, but by the judgment of his peers 
 or the law of the land. JU.^ 166 ; Md., 255; (nearly 
 similar), N. C, 422 ; Tex. 506. 
 
 — That when any issue in fact, proper for the cogni- 
 zance of a jury, is joined in a court of law, the parties 
 have a right to trial by jury, which ought to be held 
 sacred. Vt., 522. 
 
 — No person shall be held to answer for an offense 
 unless on the presentment or indictment of a grand 
 jury, except in cases of impeachment, or in cases 
 cognizable by justices of the peace, or arising in the 
 army or navy, or in the militia when in actual ser- 
 vice in time of war or public danger. Me., 240 ; N. 
 J., 412; B. L, 473; Provided, That Justices of the 
 Peace shall try no person, except as a court of 
 inquiry, for any offense punishable with imprison- 
 ment or death, or fine above one hundred dollars. 
 
 la., 166. 
 
 — That no freeman shall be put to answer any 
 criminal charge but by presentment, indictment, or 
 impeachment. Term. 491 ; N. C, 422. 
 — The trial of crimes and misdemeanors, unless here- 
 in otherwise provided, shall be by jury, and shall be 
 held publicly and without unreasonable delay, in the 
 county where the alleged offense was committed, 
 unless upon petition of the accused and for good 
 cause shown, or in consequence of the existence of 
 war or insurrection in such county, it is removed to, 
 or instituted in, some other county. In all such trials 
 the accused shall be informed of the character and 
 cause of the accusation, and be confronted with the 
 witnesses against him, and shall have the assistance 
 of counsel for his defense, and compulsory process 
 for obtaining witnesses in his favor. W. Va., 547. 
 — In all criminal cases whatever the jury shall have 
 the right to determine the law and the facts. Ind., 
 170. Under the direction of the court as to the law, 
 and the right of new trial, as in civil cases. Or., 
 448. 
 
 — In all controversies concerning property, and in 
 all suits between two or more persons, except in 
 cases in which it has heretofore been otherwise used 
 and practiced, the parties have a right to a trial by 
 jury ; and this method of procedure shall be held 
 sacred, unleSs, in causes arising on the high seas, and 
 such as relate to mariners' wages, the Legislature 
 shall hereafter find it necessary to alter it. Mass., 281. 
 — ^Every man being presumed innocent, until he is 
 pronounced guilty by the law, no act of severity 
 which is not necessary to secure an accused person 
 shall be permitted. R. I., 473. 
 — The right of trial by jury shall remain inviolate ; 
 Ala., 73 ; Ot, 108 ; but the General Assembly may 
 2 
 
 authorize trial by a jury of a less number than twelve 
 men in inferior courts; Neb., 370; but no person 
 shall be deprived of life, liberty, or property, with- 
 out due process of law. Jou,-a, 183. 
 —That every freeman restrained of his liberty is 
 entitled to a remedy, to inquire into the lawfulness 
 thereof, and to remove the same, if unlawful ; and 
 that such remedy ought not to be denied or delayed 
 iV: C, 422. ■' 
 
 —Every person is entitled to a certain remedy in the 
 laws, for all injuries or wrongs which he may receive 
 in his person, property, or character ; he ought to 
 obtain justice freely and without being obliged to 
 purchase it ; completely and without denial • 
 promptly and without delay, conformably to the 
 laws. Min., 319 ; N. K, 399 ; R. I., 473 ; Vt, 521 ; 
 Wis., 560. I > > , 
 
 —The Legislature shall provide by law a suitable and 
 impartial mode of selecting juries ; and their usual 
 number and unanimity, in indictments and convic- 
 tions, shall be held indispensable. Me., 240. 
 — That no freedman shall be convicted of any crime, 
 but by the unanimous verdict of a jury of good and 
 lawful men, in open court, as heretofore used. iV; 
 C, 422. 
 
 — In all civil suits, and in all controversies concerning 
 property, the parties shall have a right to a trial by 
 jury, except in cases where it has heretofore been 
 otherwise practiced ; the party claiming the right 
 may be heard by himself and his counsel, or either, 
 at his election. Me., 240. 
 
 ^-It is essential to the preservation of the rights rf 
 every individual, his hfe, liberty, property and char- 
 acter, that there be an impartial interpretation of the 
 laws and administration of justice. It is the right 
 of every citizen to be tried by judges as free, impar- 
 tial and independent as the lot of humanity will 
 admit. It is, therefore, not only the best pohcy, but 
 for the security of the rights of the people, and of 
 every citizen, that the Judges of the Supreme Judi- 
 cial Court should hold their offices as long as they 
 behave themselves well, and that they should have 
 honorable salaries ascertained and established by 
 standing laws. Mass., 282. 
 
 -^That no person shall be put to answer any crimi- 
 nal charge, but by presentment, indictment or 
 impeachment, except in such cases as the Legislature 
 shall otherwise provide; but the Legislature shall 
 pass no law whereby any person shall be required 
 to answer any criminal charge involving the Hfe of 
 the accused, except upon indictment or presentment 
 by a Grand Jury. Fl, 129. 
 
 — rin every criminal prosecution, the accused shall 
 have the right to a speedy and public trial by an im- 
 partial jury, which may consist of less than twelve 
 men in all courts not of record ; to be informed of the 
 nature of the accusation ; to be confronted with the 
 witnesses against him ; to have compulsory process 
 for obtaining witnesses in his favor, and have the 
 assistance of counsel for his defense. Mich., 307. 
 — ^That, in all criminal prosecutions, the accused has 
 a right to be heard by himself and counsel, to demand 
 the nature and cause of the accusation, to have a 
 copy thereof, to be confronted by the witnesses 
 against him, to have compulsory process for obtaining 
 witnesses in his favor, and, in all prosecutions by 
 indictment or information, a speedy pubhc trial by an 
 impartial jury of the county or district in which the 
 offense was committed; and that he shall not be 
 compelled to give evidence against himself, nor be de- 
 prived of his life, liberty or property, but by due 
 course of law. Ala., 73; (nearly similar), Ky., 223. 
 — That all courts shall be open ; and that every per- 
 son, for any injury done him, in bis lands, goods, 
 person or reputation, shall have a remedy by due 
 course of law, and right and justice administered, 
 without sale, denial or delay. Ala., 73 ; Ky., 223. 
 — The statutes of limitations shall not be pleaded 
 upon any claim in the hands of any person whom- 
 soever, not sued upon when such claim was not 
 barred by the statutes of limitation on the 10th day 
 of January 1861. Fla., 141. 
 
— No law of this State providing that claims or 
 demands against the estates of decedents shall be 
 barred if not presented within two years, shall 
 be considered as being in force within this State 
 between the 10th day of January, 1861, and the 25th 
 day of October, 1865. Fl, 141. 
 — ^In all criminal prosecutions and in cases involving 
 the hfe or Uberty of an individual, the accused shall 
 have a right to a speedy and public trial by an impar- 
 tial jury ; to be informed of the accusation against 
 him ; to have a copy of the same when demanded ; 
 to be confronted with the witnesses against him ; to 
 have compulsory process for his witnesses ; and 
 to have the assistance of counsel. Neb., 370. 
 — That in all prosecutions for criminal offenses, a per- 
 son hath a right to be heard, by himself and his coun- 
 sel; to demand the cause and nature of his accusa- 
 tion ; to be confronted with the witnesses ; to call 
 for evidence in his favor, and a speedy public trial by 
 an impartial jury of the country, without the unani- 
 mous consent of which jury, he cannot be found 
 guilty ; nor can he be compelled to give evidence 
 against himself; nor can any person be justly deprived 
 of his liberty except by the laws of the land, or the 
 judgment of his peers. Vt, 522. 
 — That, in controversies respecting property, and in 
 suits between man and man, the ancient trial by jury 
 of twelve men is preferable to any other, and ought 
 to be held sacred. Va., 532. 
 
 — In suits at common law, where the value in con- 
 troversy exceeds twenty dollars, the right of trial by 
 jury, if required by either party, shall be preserved. 
 No fact tried by a jury shall be otherwise re-exam- 
 ined in any case than according to the rules of the 
 common law. W. Va., 547. 
 
 — The trial by jury, as heretofore used in this State, 
 and the liberty of the press, shall be forever inviola- 
 bly preserved. But the General Assembly shall have 
 power to determine the number of persons who shall 
 constitute the jury in the inferior and District Courts. 
 8. a, 488. 
 
 — ^No person shall be taken, or imprisoned, or dis- 
 seized of his freehold, liberties or privileges, or out- 
 lawed or exiled, or in any manner deprived of his 
 life, liberty or property, but by due process of law ; 
 nor shall any bill of attainder, ex post facto law, or 
 law impairing the obligation of contracts, ever be 
 passed by the General Assembly. S. C, 487. 
 — That no freeman shall be taken or imprisoned, or 
 disseized of his freehold, liberties or privileges, or out- 
 lawed or exiled, or in any manner destroyed or 
 deprived of his life, liberty or property, but by the 
 judgment of his peers, or the law of the land. 
 linn., 491. 
 
 — No person, in time of peace, shall be deprived of 
 life, liberty or property without due process of law. 
 W. Va., 547. 
 
 — In order to reap the fullest advantage of the ines- 
 timable privilege of the trial by jury, great care ought 
 to be taken that none but qualified persons should be 
 appointed to serve; and such ought to fbej fully 
 compensated for their travel, time and attendance. 
 N. K, 400. 
 
 — That no person can, for an indictable offense, be 
 proceeded against criminally by information, except 
 in cases arising in the land or naval forces, or in the 
 militia when in actual service in the time of war or 
 public danger, or by leave of court, for oppression 
 or misdemeanor in office. Mo., 347. 
 — That in all controversies at law, respecting property, 
 the ancient mode of trial by jury is one of the best 
 securities of the rights of the people, and ought to 
 remain sacred and inviolable. M O., 422. 
 — The right of trial by jury shall be secured to all, 
 and remain inviolate forever ; but a jury trial may be 
 waived by the parties in all civil cases, in the manner 
 
 to be described by law ; and in civil cases if three- 
 fourths of the jury agree upon a verdict, it shall stand 
 and have the same force and effect as a verdict by the 
 whole jury : Provided, The Legislature, by a law 
 passed by a two-thirds vote of all the members 
 elected to each branch thereof, may require a 
 unanimous verdict notwithstanding this provision. 
 Neu., 379. 
 
 — The right of trial by jury shall remain inviolate ; 
 but the Legislature may authorize the trial of civil 
 suits, when the matter in dispute does not exceed 
 fifty dollars, by a jury of six men. K J., 412. . 
 — In all controversies concerning property, and in all 
 suits between two or more persons, except in cases 
 in which it has been heretofore otherwise used and 
 practiced, the parties have a right to trial by jury ; 
 and this method of procedure shall be held sacred, 
 unless, in cases arising on the high seas, and such as 
 relate to mariners' wages, the Legislature shall think 
 it necessary hereafter to alter it. iV! S., 400. 
 — In criminal prosecutions, the trial of the facts in 
 the vicinity where they happen is so essential to the 
 security of the life, liberty and estate of the citizen, 
 that no crime or offense ought to be tried in any 
 other county than that in which it is committed; 
 except in cases of general insurrection in any partic- 
 ular county, when it shall appear to the Judges of the 
 Superior Court that an impartial trial cannot be had 
 in the county where the offense may be committed, 
 and upon their report, the Legislature shall think 
 proper to direct the trial in the nearest county in 
 which an impartial trial can be obtained. JV. S., 400. 
 — That no person shall, for any indictable offense, be 
 proceeded against criminally by information ; except 
 in cases arising in the land or naval forces, or in the 
 mihtia when in actual service, or by leave of the 
 court, for misdemeanor in office. Provided, That 
 the Legislature in case of petit larceny, assault, assault 
 and battery, affray, riot, unlawful assembly, drunk- 
 enness, vagrancy, and other misdemeanors of like 
 character, may dispense with an inquest of a grand 
 jury, and may authorize prosecutions before Justices 
 of the Peace, or such other inferior court or courts 
 as may be established by the Legislature ; and the 
 proceedings in such cases shall be regulated by law. 
 Miss., 335 ; (nearly similar), Ala., 73. 
 — ^No person shall be held to answer for a criminal 
 offense unless on the presentment or indictment of a 
 grand jury except in cases of impeachment, or in 
 cases cognizable by Justices of the Peace, or arising 
 in the army or navy, or in the militia, when in actual 
 service in time of war, or public danger ; and no per- 
 son for the same offense shall be put twice in jeopardy 
 of punishment, nor shall be compelled in any crimi- 
 nal case to be a witness against himself. All persons 
 shall, before conviction, be bailable by sufficient sure- 
 ties, except for capital offenses, when the proof is 
 evident or the presumption great ; and the privilege 
 of the writ of habeas corpus shall not be suspended, 
 unless when, in cases of rebellion or invasion, the 
 public safety may require. Nsh., 370. 
 — The House of Delegates may inquire, on the oath 
 of witnesses, into all complaints, grievances and 
 offenses, as the Grand Inquest of the State, and may- 
 commit any person, for any crime, to the public jail, 
 there to remain until discharged by due course of 
 law; they may examine and pass all accounts of the 
 State, relating either to the collection or expenditure 
 of the revenue, and appoint auditors to state and 
 adjust the same ; they may call for all public or offi- 
 cial papers and records, and send for persons whom 
 they may judge necessary in the course of their 
 inquiries concerning affairs relating to the public 
 interest, and may direct all office bonds, which shall 
 be made payable to the State, to be sued for any 
 breach thereof. Md., 262. 
 
1 S3. The free exercise and enjoyment of religious profession and worship, 
 
 2 without discrimination or preference, shall forever be allowed in this State to 
 
 3 all mankind ;(^) and no person shall be rendered incompetent to be a witness on 
 
 4 account of his opinions on matters of religious belief ;f) but the liberty of con- 
 
 5 science hereby secured shall not be so construed as to excuse acts of licentious- 
 
 6 ness, or to justify practices inconsistent with the peace or safety of this State.(') 
 
 (1) [The clause relating to incompetency of wit- 
 nesses on account of religious belief, is not included 
 in N. Y. Constitution of 1821.] 
 
 (2). Ind., 170; Ohio, 432; S. C, 488. 
 
 (3). Cal, 96; Ct., 107; Miss., 334; Nev., 379. 
 
 [A preamble giving reasons.] N. Y., (1777), 32. 
 
 RELIGIOUS FREEDOM. 
 
 — Congress shall make no law respecting an estab- 
 lishment of religion, or prohibiting the free exercise 
 thereof. U. S., 18. 
 
 — That religion, or the duty which we owe to our 
 Creator, and the manner of discharging it, can be 
 directed only by reason and conviction, not by force 
 or violence ; and, therefore, all men are equally 
 entitled to the free exercise of religion, according to 
 the dictates of conscience ; and that it is the mutual 
 duty of all to practice Christian forbearance, love and 
 charity towards each other. Va., 532. 
 — That no person within this State shall, upon any 
 pretense whatever, be deprived of the inestimable 
 privilege of worshipping God in the manner most 
 agreeable to his own conscience ; nor be hurt, 
 molested or restrained in his religious profession, 
 sentiments or persuasions, provided he does not dis- 
 turb others in their religious worship. Ala., 72. 
 — That all men have a natural and indefeasible right 
 to worship Almighty G-od according to the dictates 
 of their own consciences ; and no man can, of right, 
 be compelled to attend, erect or support any place of 
 worship, or to maintain any ministry against his con- 
 sent ; that no human authority can, in any case what- 
 ever, interfere with the rights of conscience ; and 
 that no preference shall ever be given to any religious 
 establishment or mode of worship. ArJc., 84 ; 111, 
 165; Tenn., 490; Pa., 467; Tex., 506; Mo., 346. 
 — But nothing herein shall be construed to dispense 
 with oaths and affirmations. Religion, morality and 
 knowledge, however, being essential to good govern- 
 ment, it shall be the duty of the General Assembly 
 to pass suitable laws to protect every religious deno- 
 mination in the peaceable enjoyment of its own mode 
 of public worship, and to encourage schools and the 
 means of instruction. Ohio, 432 ; Neb., 371. 
 — That no religion shall be established by law ; that 
 no preference shall be given by law to any religious 
 sect, society, denomination, or mode of worship, that 
 no one shall be compelled by law to attend any place 
 of worship, nor to pay any tithes, taxes, or other 
 rate, for building or repairing any place of worship, 
 or for maintaining any minister or ministry; that no 
 religious test shall be required as a qualification to 
 any office or public trust under this State ; and that 
 the civil rights, privileges and capacities of any citi- 
 zen shall not be in any manner affected by his reli- 
 gious principles. Ala., 72. 
 
 That no other test or qualification ought to be 
 
 required on admission to any office of trust or profit 
 than such oath of allegiance and fidelity to this State 
 and the United States as may be prescribed by this 
 Con.stitution, and such oath of office and qualification 
 as may be prescribed by this Constitution, or by the 
 
 laws of the State, and a declaration of belief in 
 the Christian religion, or in the existence of God, 
 and in a future state of rewards and punishments. 
 Md., 25. 
 
 ' -—That the civil rights, privileges or capacities of any 
 citizen shall in no wise be diminished or enlarged on 
 account of his religion. ArJc, 84 ; Ky., 223. 
 — The right to worship God according to the dic- 
 tates of conscience shall never be infringed; nor 
 shall any person be compelled to attend or support 
 any form of worship ; nor shall any control of, or 
 interference with, the rights of conscience be per- 
 mitted ; nor any preference be given by law to any 
 religious establishment or mode of worship. No 
 religious test or property qualification shall be 
 required for any office of public trust, nor for any 
 vote at any election; nor shall any person be incom- 
 petent to testify on account of religious belief. Kan., 
 187. 
 
 — And whereas, the ministers of the gospel are, by 
 their profession, dedicated to the service of G-od, and 
 the cure of souls, and ought not to be diverted from 
 the great duties of their functions ; therefore, no 
 minister of the gospel, or priest of any denomination 
 whatsoever, shall at any time hereafter under any 
 pretense or description whatever, be eligible to, or 
 capable of holding, any civil or military office or place 
 within this State. K Y., (1777), 33, (1821), 41. 
 — Therefore no minister of the gospel, or priest of any 
 denomination whatever, shall be eligible to a seat in 
 either House of the Legislature. Tenn., 498; (similar 
 provision), ia., 229 ; N. C, 425 ; Va., 536. 
 — No licensed minister of the Gospel shall be required 
 to perform military duty, work on roads, or serve on 
 juries in this State. Tex., 514. 
 — No sectarian instruction shall be imparted or tol- 
 erated in any school or university that may be estab- 
 lished under this Constitution. Nev., 391. 
 — Therefore no minister of the gospel, or public 
 preacher of any religious persuasion, whilst he con- 
 tinues in the exercise of his pastoral functions, shall 
 be eligible to the office of Governor, Lieutenant- 
 Governor, or to a seat in the Senate or House of 
 Representatives. S. C, 484 ; Tex., 509. 
 — The Legislature shall not diminish or enlarge the 
 civil or political rights, privileges and capacities of 
 any person on account of his opinion or belief con- 
 cerning matters of religion. Mich., 304. 
 — No man shall be compelled to frequent or support 
 any religious worship, place or ministry whatsoever ; 
 nor shall any man be enforced, restrained, molested 
 or burdened in his body or goods, or otherwise 
 suffer, on account of his religious belief; but all men 
 shall be free to profess, and by argument to maintain, 
 their opinions in matters of religion, and the same 
 shall in no wise affect, diminish or enlarge their civil 
 capacities. And the Legislature shall not prescribe 
 any religious test whatever ; or confer any peculiar 
 privileges or advantages on any sect or denomina- 
 tion ; or pass any law requiring or authorizing any 
 religious society, or the people of any district within 
 this State, to levy on themselves or others, any tax 
 for the erection or repair of any house for public 
 worship, or for the support of any church or 
 ministry ; but it shall be left free to every person to 
 select his religious instructor, and to make for his 
 
8 
 
 support, such private contract aa he shall please. 
 Va., 537 ; W. Va., 547. 
 
 — The militia of this State shall, at all times here- 
 after, be armed and disciplined, and in readiness for 
 service ; but all such inhabitants of this State, of any 
 religious denomination whatever, as from scruples of 
 conscience, may be adverse to bearing arms, shall be 
 excused therefrom by paying to the State an equiva- 
 lent in money ; and the Legislature shall provide by 
 law for the collection of such equivalent, to be esti- 
 mated according to the expense, in time and money, 
 of an ordinary, able-bodied militia-man. Ni Y., 
 (1821), 41. 
 
 — ^Among the natural rights, some are in their very 
 nature unalienable, because no equivalent can be 
 given or received for them. One of this kind are 
 rights of conscience. N. K, 398. 
 •^-No person shall be rendered incompetent to be a 
 witness on account of his opinions on matters of 
 religious belief. Mich., 307. 
 
 — As the public worship of Grod, and instructions in 
 piety, religion and morality, promote the happiness 
 and prosperity of a people, and the security of a 
 republican government, therefore ihe several religious 
 societies of this Commonwealth, whether corporate 
 or unincorporate, at any meeting legally warned and 
 holden for that purpose, shall ever have the right to 
 elect their pastors or rehgious teachers, to contract 
 with them tor their support, to raise money for erect- 
 ing and repairing houses for public worship, for the 
 maintenance of religious instruction, and for the pay- 
 ment of necessary expenses; and all persons belonging 
 to any religious society shall be taken and held to be 
 members, until they shall file with the clerk of such 
 society a written notice declaring the dissolution of 
 their membership, and thenceforth shall iiot be liable 
 for any grant or contract which may be thereafter 
 made or entered into by such society; and all reli- 
 gious sects and denominations, demeaning themselves 
 peaceably, and as good citizens of the Commonwealth, 
 shall be equally under the protection of the law; and 
 no subordination of any one sect or denomination to 
 another shall ever be established by law. Mass., 296. 
 — That there shall be no establishment of any one 
 religious church or denomination in this State in 
 preference to any other ; neither shall any person, on 
 any pretense whatsoever, be compelled to attend any 
 place of worship contrary to his own faith or judg- 
 ment, nor be obUged to pay for the purchase of any 
 glebe, or the building of any house of worship, or 
 for the maintenance of any minister or ministry, con- 
 trary to what he believes right and has voluntarily 
 and personally engaged to perform ; but all persons 
 shall be at liberty to exercise their own mode of 
 worship : Provided, That nothing herein contained 
 shall be construed to exempt preachers of treasonable 
 or seditious discourses from legal trial and punish- 
 ment. M. C, 425. 
 
 — That all men have a natural and indefeasible right 
 to worship Almighty God according to the dictates 
 of their own consciences ; that no man shall be com- 
 pelled to attend, erect or support any place of worship, 
 or to maintain any ministry against his consent; that 
 no human authority ought, in any case whatever, to 
 control or interfere with the rights of conscience; 
 and that no preference shall ever be given by law to 
 any rehgious societies or modes of worship. Ky., 223. 
 — Perfect freedom of religious sentiment, be and the 
 same is hereby secured, and no inhabitant of this 
 State shall ever be molested in person or property, 
 nor prohibited from holding any pubUc office or trust 
 on account of his religious opinion. Qa., XiSL 
 — That no person shall be niolested for his opinions 
 on any subject whatever, nor suffer any civil or-poli- 
 tical incapacity, or acquire any civil or political 
 advantages, in consequence of such opinions, except 
 iu oases provided for in this Constitution. Miss., 
 334. 
 
 — All men shall be secured in the natural right to 
 worship Almighty God according to the dictates of 
 their own consciences. Ind., 170 ; Me., 239 ; Or., 447. 
 — And no one shall be hurt, molested or restrained 
 
 in his person, liberty or estate, for worshipping God 
 in the manner and season mcst agreeable to the dic- 
 tates of his own conscience, nor for his • religious 
 professions or sentiments, provided he does not dis- 
 turb the public peace, nor obstruct others in their 
 religious worship; — and all persons demeaning them- 
 selves peaceably, as good members of the State, shall 
 be equally under the protection of the laws, and no 
 subordination nor preference, of any one sect or 
 denomination to another, shall ever be established by 
 law, nor shall any religious test be required as a 
 qualification for any office or trust under this State ; 
 and all religious societies in this State, whether incor- 
 porate or unincorporate, shall at all times have the 
 exclusive right of electing their public teachers, and 
 contracting with them for their support and main- 
 tenance. Me., 239. 
 
 — No law shall, in any case whatever, control the 
 free exercise and enjoyment of religious opinions, or 
 interfere with the rights of conscience. Ind., 170; 
 Or., 447. 
 
 — :Nor can any man, who is conscientiously scru- 
 pulous of bearing arms, be justly compelled thereto, 
 if he will pay such equivalent. N. H., 399 ; (nearly 
 similar), Ala., 74; Tex., 5U; 111, 163; Ind., 180; 
 Ft, 522. 
 
 — The Legislature shall pass laws, exempting citizens 
 belonging to any sect or denomination of religion 
 the tenets of which are known to be opposed to the 
 bearing of arms, from attending private and general 
 musters. Tenn., 498. 
 
 — That no person who acknowledges the being of 
 God and a future state of rewards and punishments, 
 shall, on account of his religious sentiments, be dis- 
 qualified to hold any office or place of trust or profit 
 under this Commonwealth. Pa., 467. 
 — ^No person who shall deny the being of God, or the 
 truth of the Christian religion, or the divine authority 
 of the old or new Testament, or who shall hold 
 rehgious principles incompatible with the freedom or 
 safety of the State, shall be capable of holding any 
 office or place of trust or profit in the civil depart- 
 ment within this State. K C, 430. 
 — No person who' denies the being of a God shall 
 hold any office in the civil department of this State, 
 nor be allowed his oath in any court. Ark., 93- 
 [rejiM., 498]. . 
 
 — No person who denies the being of a God, or a 
 future state of rewards and punishments, shall hold 
 any office in the civil department of this State. 
 Miss., 342. 
 
 — No contract of marriage, if otherwise duly made, 
 shall be invalidated for want of conformity to the 
 requirements of any rehgious sect. Cal, 104. 
 — It being the duty of all men to worship the 
 Supreme Being, the Great Creator and Preserver of 
 the universe, and their right to render that worship 
 in the mode most consistent with the dictates of their 
 conscience, no person shall by law be compelled to 
 join or support, or be classed with or associated 
 to any congregation, church, or religious association. 
 But every person now belonging to such congrega- 
 tion, church, or rehgious association, shall remain a 
 member thereof until he shall have separated himself 
 therefrom in the manner hereinafter provided. And 
 each and every society or denomination of Christians 
 in this State shall have and enjoy the same and equal 
 powers, rights and privileges, and shall have power 
 and authority to support and maintain the ministers 
 or teachers of their respective denominations, and to 
 build and repair houses for public worship by a tax 
 on the members of any such society only, to be laid 
 by a major vote of the legal voters assembled at any 
 society meeting, warned and held according to law 
 or in any other manner. Ct, 112. ' 
 
 -—If any person shall choose to separate himself from 
 the society or denomination of Christians to which 
 he may belong, and shall leave a written notice thereof 
 with the clerk of such society, he shall thereupon be 
 no longer liable for any future expenses which may 
 be incurred by said society. Ct, 112. 
 —That all men have a natural and inalienable right 
 
to worship Almighty G-od according to the dictates 
 of their own conscience, \N. C, 722,] and that no 
 preference shall ever be given by law to any religious 
 establishment or mode of worship in this State. Fl, 
 124. 
 
 — The Legislature shall pass no law to prevent any 
 person from worshipping Almighty God according to 
 the dictates of his own conscience, or to compel any 
 person to attend, erect or support any place of relig- 
 ious worship, or to pay tithes, taxes or other rates 
 for the support of any minister of the Gospel or 
 teacher of religion. Mich., 307. 
 — Although it is the duty of all men frequently to 
 assemble together for the public worship of the Author 
 of the Universe, and piety and morality, on which 
 the prosperity of communities depends, are thereby 
 promoted ; yet no man shall, or ought to be com- 
 pelled to attend any religious worship, to contribute 
 to the erection or support of any place of worship, or 
 to the maintenance of any ministry, against his own 
 free will and consent, and no power shall or ought to 
 be vested in or assumed by any magistrate, that shall 
 in any case interfere with, or in any manner control 
 the rights of conscience, in the free exercise of relig- 
 ious worship : nor shall a preference be given by law 
 to any religious societies, denomination or modes of 
 worship. Dd., 116. 
 
 — The G-eneral Assembly shall make no law respect- 
 ing an establishment of religion, or prohibiting the 
 free exercise thereof; nor shall any person be com- 
 pelled to attend any place of worship, pay tithes, 
 taxes, or other rates for building or repairing places 
 of worship, or the maintenance of any minister or 
 ministry. Iowa, 183. 
 
 — No religious test shall be required as a qualification 
 to any office, or public trust, under this State. Del., 
 116; III, 165; Ind., 170; Iowa, 183; Or., 447; Ohio, 
 432; K J., 912; iVe6., 371 ; Tex., 505; Tenn., 490; 
 Wis., 560. 
 
 — That every gift, sale or devise of land, to any min- 
 ister, public teacher or preacher of the Gospel, as 
 such, or to any religious sect, order or denomination, 
 or to or for the support, use or benefit of, or in trust 
 for any minister, public teacher, or preacher of the 
 G-ospel, as such, or any religious sect, order or denom- 
 ination, and every gift or sale of goods or chattels to 
 go in succession, or to take place after the death of 
 the seller or donor, to or for such support, use or 
 benefit ; and also, every devise of goods or chattels, 
 to or for the support, use or benefit of any minister, 
 public teacher or preacher of the Gospel, as such ; or 
 any religious sect, order or denomination, without 
 the prior or subsequent sanction of the Legislature, 
 sliall be void ; except always any sale, gift, lease or 
 devise of any quantity of land not exceeding five 
 acres, for a church, meeting-house or other house of 
 worship, or parsonage, or for a burying-ground, which 
 shall be improved, enjoyed or used only for such pur- 
 pose, or such sale, gift, lease or devise shall be void. 
 Md., 255. 
 
 — That every gift, sale, or devise of any land to any 
 minister, public teacher, or preacher of the Gospel, 
 as such, or to any religious sect, order or denomina- 
 tion ; or to, or for the support, use or benefit of, or 
 in trust for, any minister, public teacher or preacher 
 of the Gospel, as such, or any religions sect, order or 
 denomination; and every gift or sale of goods or 
 chattels to go in succession, or to take place after the 
 death of the seller or donor, to or for the support, 
 use or benefit; and also every devise of goods or 
 chattels, to or for the support, use or benefit of any 
 minister, public teacher or preacher of the Gospel, as 
 such, <er any religious sect, order or denomination, 
 shall be void ; except any gift, sale or devise of land 
 to a church, religious society or congregation, or to 
 any person or persons in trust, for the use of a church, 
 religious society or congregation, whether incorpo- 
 rated or not, for the uses and purposes, and within 
 the limitations of the next preceding clause of this 
 article. Mb., 347. 
 
 — No money shall be appropriated or drawn from 
 . the treasury for the benefit of any religious sect or 
 3 
 
 society, theological or religious seminary, nor shall 
 property belonging to the State be appropriated for 
 any such purpose. Mich., 304. 
 — No preference shall be given by law to any chris- 
 tian sect or mode of worship. Ct., 107. 
 — No preference shall ever be given by law to any 
 religious sect, or mode of worship. Miss., 334. 
 — No preference shall be given by law to any creed, 
 religious society, or mode of worship ; no man shall 
 be compelled to attend, erect or support any place of 
 worship, or to maintain any ministry against his con- 
 sent. Ind., 170. 
 
 — The rights, privileges, immunities and estates of 
 religious societies and corporate bodies shall remain 
 as if the constitution of this State had not been 
 altered or amended. Pa., 466 ; Del, 125. 
 — No ordained clergyman or ordained preacher of 
 the gospel, of any denomination, shall be capable 
 of holding any civil office in the State, or of being a 
 member of either branch of the Legislature while he 
 continues in the exercise of the pastoral or clerical 
 functions. Del, 125. 
 
 — That no person shall be compelled to erect, support 
 or attend any place of worship, or maintain any 
 minister of the Gospel or teacher of religion ; but 
 whatever contracts any person may enter into for 
 any such object ought, in law, to be binding and 
 capable of enforcement, as other contracts. Mo., 347. 
 — No money shall be drawn from the treasury for the 
 benefit of any religious or theological institution. 
 Ind., 170; Or., 447. 
 
 — The Legislature may authorize the employment of 
 a chaplain for the State prison; [Mich., 303], but no 
 money shall be appropriated for the payment of any 
 religious service, in either House of the Legislative 
 Assembly. Or., 447. 
 
 — If any person shall declare that he has conscientious 
 scruples against taking an oath, or swearing in any 
 form, the said oath may be changed into a solemn 
 affirmation, and be made by him in that form. Mo., 
 350. 
 
 — The mode of administering any oath or affirmation 
 shall be such as may be most consistent with, and 
 binding upon the conscience of the person to whom 
 such oath or affirmation may be administered. Ind., 
 170; Or., 447. 
 
 — That the manner of administering an oath or 
 affirmation to any person ought to be such as those 
 of the religious persuasion, profession or denomina- 
 tion of which he is a member, generally esteem the 
 most effectual confirmation by the attestation of the 
 Divine Being. Md., 256. 
 
 — The manner of administering an oath or affirma- 
 tion shall be such as is most consistent with the 
 conscience of the deponent, and shall be esteemed 
 by the General Assembly the most solemn appeal to 
 God. Ky., 220. 
 
 — ^No person, while he continues to exercise the 
 functions of a clergyman, priest or teacher of any 
 religious persuasion, society or sect, nor while he 
 holds or exercises any office of profit under this 
 Commonwealth, or under the government of the 
 United States, shall be eligible to the General Assem- 
 bly, except attorneys-at-law, justices of the peace, 
 and militia officers: Provided, That attorneys for the 
 Commonwealth, who receive a fixed annual salary, 
 shall be ineligible. Ky., 212. 
 
 — No person shall be deprived of any of his rights, 
 privileges, or capacities, or disqualified from the per- 
 formance of any of his public or private duties, or 
 rendered incompetent to give evidence in any court 
 of law or equity, in consequence of his opinions on 
 the subject of religion ; and any party to any judicial 
 proceeding shall have the right to use as a witness, 
 or take testimony of, any other person not disquali- 
 fied on account of interest, who may be cognizant of 
 any fact material to the ease ; and parties to suits 
 may be witnesses, as provided by law. Iowa, 183. 
 —That, as it is the duty of every man to worship 
 God in such manner as he thinks most acceptable to 
 him, all persons are equally entitled to protection in 
 their religious liberty ; wherefore, no person ought, 
 
10 
 
 by any law to be molested in his personal estate, on 
 account of his religious persuasion or profession, or 
 for his religious practice, unless under the color of 
 religion any man shall disturb the good order, peace, 
 or safety of the State, or shall infringe the laws of 
 morality, or injure others in their natural, civil or 
 religious rights ; nor ought any person to be com- 
 pelled to frequent, or maintain, or contribute, unless 
 on contract to maintain, any place of worship or any 
 ministry ; nor shall any person be deemed incompe- 
 tent as a witness or juror who believes in the exist- 
 ence of a Grod, and that under his dispensation such 
 person will be held morally accountable for his acts, 
 and be rewarded or punished therefor, either in this 
 world or the world to come. Md., 255. 
 — It is the right as well as the duty of all men in soci- 
 ety, puWicly, and at stated seasons, to worship the 
 Supreme Being, the Great Creator and Preserver of 
 the universe. And no subject shall be hurt, molested 
 or restrained, in his person, liberty, or estate, for wor- 
 shipping Grod in the manner and season most agree- 
 able to the dictates of his own conscience ; or for 
 his rehgious professions or sentiments ; provided he 
 doth not disturb the public peace, or obstruct others 
 in their religious worship. Mass., 280. 
 — As the happiness of a people, and the good order 
 and preservation of civil government essentially 
 depend upon piety, religion and morality ; and as 
 these cannot be generally diflfused through a com- 
 munity, but by the institution of the public worship 
 of God, and of public instructions in piety, religion 
 and morality ; Therefore, To promote their happiness, 
 and to secure the good order and preservation of their 
 Government, the people of this Commonwealth have 
 a right to invest their Legislature with power to 
 authorize and require, and the Legislature shall, from 
 time to time, authorize and require the several towns, 
 parishes, precincts, and other bodies politic, or reli- 
 gious societies, to make suitable provision, at their 
 own expense, for the institution of the public worship 
 of God, and for the support and maintenance of pub- 
 lic protestant teachers of piety, religion and morahty, 
 in all cases where such provision shall not be made 
 ■voluntarily. Mass., 280. 
 
 — The right of every man to worship Almighty God 
 according to the dictates of his own conscience, shall 
 never be infringed, nor shall any man be compelled 
 to attend, erect, or support any place of worship, or 
 to maintain any ministry against his consent. Nor 
 shall any control of, or interference with the rights of 
 conscience be permitted, or any preference be given 
 by law to any religious estabhshments, or modes of 
 worship. Nor shall any money be drawn from the 
 treasury for the benefit of religious societies or reli- 
 gious or theological seminaries. Wis., 560 ; (nearly 
 similar), Min., 320. 
 
 — And the people of this Commonwealth have also a 
 right to, and do, invest their Legislature with author- 
 ity to enjoin upon all subjects au attendance upon 
 the instructions of the public teachers aforesaid, at 
 stated times and seasons, if there be any on whose 
 instructions they can conscientiously and conveniently 
 attend. Mass., 280. 
 
 Provided, notwithsta/nding, That the several towns, 
 parishes, precincts, and other bodies politic, or reli- 
 gious societies, shall at all times have the exclusive 
 right of electing their public teachers, and of con- 
 tracting with them for their support and maintenance. 
 Mass., 280. 
 
 -^And all moneys, paid by the subject to the support 
 of public worship, and of the public teachers afore- 
 said shall, if he require it, be uniformly applied to the 
 support of the public teacher or teachers of his own 
 religious sect or denomination, provided there be any 
 on whose instructions he attends ; otherwise it may 
 be paid toward the support of the teacher or teachers 
 of the parish or precmct in which the said moneys 
 are raised. Mass., 280. 
 
 —And every denomination of Christians, demeaning 
 themselves peaceably, and as good subjects of the 
 CQfflm.onwealth, shall be equally under the protection 
 of ^e law; and no subordination of any one sect or 
 
 denomination to another shall ever be established by 
 law. Mass., 280. 
 
 That no religious corporation can be established in 
 
 this State; except that by a geneial law, uniform 
 throughout the State, any church, or religious society, 
 or congregation, may become a body corporate, for 
 the sole purpose of acquiring, holding, using, and dis- 
 posing of so much land as may be required for a 
 house of public worship, a chapel, a parsonage, and 
 a burial ground, and managing the same, and con- 
 tracting in relation to such land, and the buildings 
 thereon, through a board of trustees, selected by 
 themselves ; but the quantity of land to be held by 
 any such body corporate, in connection with a house 
 of worship or a parsonage, shall not exceed five acres 
 in the country, or one acre in a town or city. Mo., 347. 
 — There shall be no establishment of one religious 
 sect in preference to another; no religious test shall 
 be required as a quahfication for any office or public 
 trust; and no person shall be denied the enjoyment 
 of any civil right merely on account of his religious 
 principles. N. J., 412. 
 
 — As morality and piety, rightly grounded on evan- 
 gelical principles, will give the best and greatest 
 security to government, and will lay in the hearts of 
 men the strongest obligations to due subjection ; and 
 as a Icnowledge of these is most likely to be pro- 
 pagated through a society by the institution of the 
 public worship of the Deity, and of public instruc- 
 tion in morality and religion; therefore, to prcmcle 
 those important purposes, the people of this State 
 have a right to empower, and do hereby fully em- 
 power the Legislature to authorize, from time to time, 
 the several tows, parishes, bodies corporate, or relig- 
 ious societies within this State, to make adequate 
 provisions, at their own expense, for the support and 
 maintenance of public Protestant teachers of piety, 
 religion and morality. N. H., 399. 
 — Th^ rights, privileges, immunities and estates of 
 both civil and religious societies and of corporate 
 bodies, shall remain as if the Constitution of this 
 State had not been altered or amended. S. C, 488. 
 — No religions test or amount of property shall ever 
 be required as a qualification for any office of public 
 trust under the State. No religious test or amount 
 of property shall ever be required as a qualification of 
 any voter at any election in this State ; nor shall any 
 person be rendered incompetent to give evidence in 
 any court of law or equity in consequence of his 
 opinion upon the subject of religion. Minn., 320. 
 — That all men have a natural and inalienable right to 
 worship Almighty God according to the dictates of 
 their own consciences and understandings, as in their 
 opinion shall be regulated by the word of God; and 
 that no man ought to, or of right can be compelled 
 to attend any religious worship, or erect or support 
 any place of worship, or maintain any ministry, con- 
 trary to the dictates of his conscience ; nor can any 
 man be justly deprived or abridged of any civil right 
 as a citizen on account of his religious sentiments or 
 peculiar mode of religious worship ; and that no 
 authority can, or ought to be vested in or assumed 
 by any power whatever, that shall in any case inter- 
 fere with or in any manner control the rights of con- 
 science in the free exercise of religious worship ; 
 nevertheless, every sect or denomination of Christians 
 ought to observe the Sabbath or Lord's day, and keep 
 up some sort of religious worship which to them shall 
 seem most agreeable to the revealed will of God. 
 Vt, 521. 
 
 — But the liberty of conscience hereby secured shall 
 not be so construed as to excuse acts of ficenlious- 
 ness, nor to justify practices inconsistent \nith the 
 good order, peace, or safety of the State or with the 
 rights of others. Mo., 346; S. C, 488. 
 — Every individual has a natural and unalienable right 
 to worship God according to the dictates of his own 
 conscience and reason ; and no subject shall be hurt 
 molested or restrained in his person, liberty or estate 
 for worshipping God in the manner and season most 
 agreeable to the dictates of his own conscience, or of 
 his religious profession, sentiments, or persuasion: 
 
11 
 
 1 S 4' The privileges of the writ of habeas corpus shall not be suspended, unless 
 
 2 when,iu cases of rebellion orinvasion,thepublicsafety mayrequireits suspension ('). 
 
 Provided, He doth not disturb the public peace, or 
 disturb others in their religious worship. N. H., 398. 
 Provided notwithstanding, That the several towns, 
 parishes, bodies corporate, or religions societies, shall 
 at all times have the exclusive right of electing their 
 owrn public teachers, and of contracting with them 
 for their support and maintenance. And no person, 
 or any one particular religious sect or denomination 
 shall ever be compelled to pay toward the support 
 of the teacher or teachers of another persuasion, sect 
 or denomination. N. //., 399. 
 
 — And every denomination of Christians demeaning 
 themselves quietly, and as good subjects of the State, 
 shall be equally under the protection of the law ; and 
 no subordination of any one sect or denomination to 
 another shall ever be established by law. 
 — And nothing herein shall be understood to affect 
 any former contracts made for the support of the 
 ministry; but all such contracts shall remain and be 
 in the same state as if this Constitution had not been 
 made. N. R, 399. 
 
 — No person shall be deprived of the inestimable 
 privilege of worshipping Almighty God in a manner 
 agreeable to the dictates of his own conscience ; nor 
 under any pretence whatever be compelled to attend 
 any place of worship contrary to his faith and judg- 
 ment ; nor shall any person be obliged to pay tithes, 
 taxes, or other rales for building or repairing any 
 church or churches, place or places of worship, or 
 for the maintenance of any minister or ministry, 
 contrary to what he believes to be right, or has 
 deliberately and voluntarily engaged to perform. 
 AT. J., 412. 
 
 — Whereas, Almighty God hath created the mind 
 free, and all attempts to influence it by temporal 
 punishment; or burdens, or by civil incapacitations, 
 tend to beget habits of hypocrisy and meanness; and 
 whereas, a principal object of our venerated ances- 
 tors in their migration to this country and their set- 
 tlement of this State, was, as they expressed it, to 
 hold forth a lively experiment that a flourishing civil 
 State may stand and be best maintained with full 
 liberty in religious concernments; we, therefore, de- 
 clare that no man shall be compelled to frequent or 
 to support any religious worship, place or ministry 
 whatever, except in fulfillment of his own voluntary 
 contract; nor enforced, restrained, molested or bur- 
 dened in his body of goods ; nor disqualified from 
 holding any office ; nor otherwise suffer on account 
 of his religious belief; and that every man shall be 
 free to worship God according to the dictates of his 
 own conscience, and to profess, and by argument to 
 maintain, his opinion in matters of religion ; and that 
 the same shall in no wise diminish, enlarge, or affect 
 his civil capacity. R. I., 473. 
 
 — In order effectually to secure the religious and 
 political freedom established by our venerated ances- 
 tors, and to preserve the same for our posterity, we 
 do declare that the essential and unquestionable 
 rights and principles hereinafter mentioned shall be 
 established, maintained, and preserved, and shall be 
 of paramount obligation in all legislative, judicial, 
 and executive proceedings. R. I., 472. 
 — No charter of incorporation shall be granted to 
 any church or religious denomination. Provision 
 may be made by general laws for securing the title 
 to church property, so that it shall be held and used 
 for the purpose intended. W. Va., 557. 
 
 The General Assembly shall not grant a charter of 
 
 incorporation to any church or relisious denomina- 
 tion, but may secure the title to church property to 
 an extent to be limited by law. Va., 518. 
 No person shall be rendered incompetent as a wit- 
 ness or juror in consequence of his opinions on mat- 
 ters of religion, nor be questioned in any court of 
 justice touching his religious belief to affect the 
 weight of his testimony. Or., 447. 
 
 — No person shall be rendered incompetent to give 
 evidence in any court of law or equity in conse- 
 quence of his opinions on the subject of religion. 
 Wis., 560. 
 
 (1) U. S., 13; N. Y., U821)42; Ala., 73; Ark, 
 84; CaZ., 96; Del, 117; Ga., 142; III, 166; 7«rf., 171 ; 
 Kan.. 197 ; La., 233 ; Mich., 304 ; Pa., 468 ; Mo., 347 ; 
 iVcu.,' 379; N. J., 4:12; Ohio, 432; Or., 448; S. C, 
 487; Tenn., 491; Tex., 508; W. Va., 546; Miss., 335. 
 
 WRIT OF HABEAS CORPUS — EX POST 
 FACTO LAWS — EXEMPTION FROM SEIZ- 
 URES AND SEARCHES. 
 
 — The writ of habeas corpus shall in no case be sus- 
 pended. It shall be a writ, issuable of right; and 
 the General Assembly shall make provision to render 
 it a speedy and effectual remedy in all cases proper 
 therefor. Vt., 529. 
 
 — Retrospective laws are highly injurious, oppressive 
 and unjust. No such laws, therefore, should be 
 made either for the decision of civil causes or the 
 punishment of offenses. N. H., 400. 
 
 The writ of habeas corpus shall not be suspended 
 or refused when application is made as required by 
 law, unless in case of rebellion or invasion, the pub- 
 lic safety may require it. Iowa, 184. 
 — The privilege and benefit of the writ of habeas 
 corpus shall be enjoyed in this Commonwealth, in 
 the most free, easy, cheap, expeditious and ample 
 manner ; and shall not be suspended by the Legisla- 
 ture, except upon the most urgent and pressing 
 occasions, and for a limited time, not exceeding 
 twelve months. Mass., 293 ; N. H.f 410. 
 — No bill of attainder or ex post facto law shall be 
 passed. U. S., 13; Ark., 84; Cal, 97; Iowa, 184; 
 Me., 240; Min., 320; Neb., 371; Nev., 380; Miss,, 
 335; Va., 537, nor vested rights be divested, unless 
 for purposes of public utility, and for adequate com- 
 pensation previously made. La., 234. 
 
 That no ex post facto law, or law impairing the 
 obligations of contracts shall ever be made. Ala.. 
 73; Ark, 84; Cal, 97; Fl, 129; III, 166; Ind., 171 ; 
 Iowa, 184; Ky., 224; La., 233; Me., 240; Va., 537; 
 R. I., 473; Tenn., 491; Mich., 304; Pa., 468; Miis., 
 335; Mo., 348; Nev., 380; Tex., 506; Or., 448; W. 
 Va., 547 ; Wis., 560. 
 
 — That retrospective laws punishing acts committed 
 before the existence of such laws, and by them only 
 declared penal or criminal, are oppressive, unjust and 
 incompatible with liberty; wherefore no ex post facto 
 law shall ever be made. Fl, 129; N. C, 422; Md., 
 254; Tenn., 497. 
 
 — Ec post facto laws, laws impairing the obligation 
 of contracts, and retroactive laws injuriously affecting 
 any right of the citizen, are prohibited. Ga., 142. 
 — Laws made to punish for actions done before the 
 existence of such laws, and which have not been 
 declared crimes by preceding laws, are unjust, op- 
 pressive and inconsistent with the fundamental prin." 
 ciples of a free government. Mass., 282. 
 — Writs of error shall never be prohibited by law. 
 Tfis., 561. 
 
 — The writ of error shall be a writ of right in all 
 capital cases, and shall operate as a supersedeas to 
 stay the execution of the sentence of death until the 
 further order of the Supreme Court in the premises. 
 Neb., 371. 
 
 — The right of the people to be secure in their per^ 
 sons; houses, papers, and effects, against unreasonable 
 seizures and searches, shall not be violated; and no 
 warrant shall issue but on probable cause, supported 
 by oath or affirmation, particularly describing the 
 place to be searched, and the persons and things to 
 
12 
 
 be seized. Cat, 97; Oa., 143; Ind;, 170; Iowa, 183; 
 .Ka.™., 197; La., 233; Ms*., 319; Neb., 371; A'bu., 
 380; JV:./;. 412; 0/w"o, 433; Or., 447; ii. Z, 473; 
 W. Va., 547; Wis., 560. 
 
 Every subject has a right to be secure from all 
 unrea.sonable searches and seizures of his person, his 
 houses, his papers, and all his possessions. All war- 
 rants, therefore, are contrary to this right, if the cause 
 or foundation of them be not previously supported 
 by oath or affirmation, and if the order in the warrant 
 to a civil officer, to make search in suspected places, 
 ox to arrest one or more suspected person.<!, or to 
 seize their property, be not accompanied with a 
 special designation of the persons or objects of search, 
 arrest or seizure ; and no warrant ought to be issued 
 but in cases, and with the formalities prescribed by 
 the lavrs. Mass., 281. 
 
 — No person shall be accused, arrested or detained, 
 except in cases ascertained by law, and according to 
 the form which the same has prescribed ; and no per- 
 son shall be punished but in virtue of a law estab- 
 lished and promulgated prior to the offense and 
 legally applied. Miss., 335. 
 
 — That the people shall be secure in their persons, 
 houses, papers and possessions, from unreasonable 
 seizures or searches; and that no warrant shall 
 issue to search any place, or to seize any person or 
 thing, without describing them as nearly as may be, 
 nor without probable cause, supported by oath or 
 affirmation. Aht., 72; Ark., 84; Ct., 107; Del, 116; 
 Fl, 129; Id., 165; Me., 239; Min., 335; Mo., 347; 
 Pa., 467; Tex.. 506. 
 
 — That all warrants without oath or affirmation, to 
 search suspected places, or to seize any person or 
 property, are grievous and oppressive; and all gene- 
 ral warrants to search suspected places, or to appre- 
 hend suspected persons, without naming or describing 
 the place, or the person in special, are illegal and 
 ought not to be granted. Md., 255 ; and that gene- 
 ral warrants, whereby any officer may be commanded 
 to search suspected places without evidence of the 
 fact committed, or to seize any person or persons not 
 named, whose offenses are not particularly described 
 and supported by evidence, are dangerous to liberty, 
 and shall not be granted. Ark., 84; Itl, 165; (nearly 
 similar), N. C, 422; Va., 532; Vt, 522; Tenn., 
 490. 
 
 Every subject has a right to be secure from all 
 unreasonable searches and seizures of his person, his 
 houses, his papers, and all his possessions; Therefore, 
 all warrants to search suspected places, or arrest a 
 person for examination or trial, in prosecutions for 
 criminal matters, are contrary to this right, if the 
 cause or foundation of them be not previously sup- 
 ported by oath or affirmation ; and if the order in a 
 warrant to a civil officer, to make search in suspected 
 places, or to arrest one or more suspected persons, 
 or to seize their property, be not accompanied with 
 a special designation of the persons or object of 
 search, arrest or seizure, and no warrant ought to be 
 issued but in cases and with the formalities prescribed 
 by law. N. H., 400. 
 
 MILITARY RIGHTS AND RESTRICTIONS. 
 
 —The military shall in all cases and at all times be 
 kept in strict subordination to the civil power. Ark., 
 85; Cal, 96; Ct., 108; Del, 117; Fl, 180; III, 166; 
 Ind.,n\; Iowa, 184; Ky., 224; Md., 255; Neb. 371; 
 N. a, 422; Miss., 335; Or.., 448; Pa., 468; W. Va., 
 547; Mtch., 314; Min., 320; N. J., 412; R. I., 474; 
 Nev., 380; N. K, 400; S. C, 487; Tex., 506; Wis., 
 561; yn., 522. 
 
 — The law martial shall be used and exercised in such 
 cases only as occasion shall necessarily require. R. I., 
 474. 
 
 — That every citizen has a right to bear arms in de- 
 fense of himself and the State. Ala., 74. 
 — ^Bvery citizen has a right to keep and bear arms 
 for the common defense; and this right shall never 
 be questioned. Me., 240 ; Pa., 468. 
 
 — That no standing army shall be kept up, without 
 the consent of the Greneral Assembly ; and in that 
 case no appropriation, for its support shall be for a 
 longer term than one year; and that the military 
 shall, in all cases and at all times, be in strict subordi- 
 nation to the civil power. Ala., 74. 
 — That the rights of the citizens to bear arms in 
 defense of themselves and the State shall not be 
 questioned ; but the General Assembly may pass laws 
 to prevent persons from carrying concealed arms. 
 Ky., 224. 
 
 — The people have a right to keep and to bear arms 
 for the common defense. And as in time of peace, 
 armies are dangerous to liberty, they ought not to be 
 maintained without the consent of the Legislature; 
 and the military power shall always be held in an 
 exact subordination to the civil authority, and be 
 governed by it. Mass., 281. 
 
 — The right of the people to keep and bear arms 
 shall not be infringed. R. I, 474. . 
 — That the free white men cf this State shall have a 
 right to keep and to bear arms for their common 
 defqnse. Ark., 85; Mo., 346; Tenn., 492. 
 — The people shall have a right to bear arms for the 
 defense of themselves and the State. Ct, 108; Ind., 
 171; (of lawful authority of the State), Mo., 346; 
 Miss., 335; Mih., 314; N. C, 422 ; Tex., 506; Vt., 522. 
 — The people have the right to bear arms for their 
 defense and security ; but standing armies, in time 
 of peace, are dangerous to liberty, and shall not be 
 tolerated, and the military shall be in strict subordi- 
 nation to the civil power. Kan., 197 ; N. C, 422 ; 
 Or., 448; Oto, 432. 
 
 — That no soldier shall, in time of peace, be quar- 
 tered in any house without the consent of the owner, 
 nor in time of war, but in a manner prescribed by 
 law. U. 5., 18; AU., 74; Ark., 85; Cal, 96; Ct., 
 108; Del, 117; Fl, 130; III, 166; Ind., ]71; Iowa, 
 184; Kan., 197 ; Ky., 224; Me., 240 -Md., 255; Mass., 
 282; MicJi., 314; Miss., 335; Nev., 380; N. K, 400; 
 N. J., 412 ; Ohio, 433 ; Oj:, 448 ; Pa., 465 ; R. I, 
 4:74: ; Tenn., 492 ; Tex., 617. TBy a civil magistrate.! 
 Del, 117 ; N. K. 399. 
 
 — That no citizen of this State shall be compelled to 
 bear arms, provided he will pay an equivalent, to be 
 ascertained by law. Tenn., 492. 
 -«-That the military is, and in all cases and at all 
 times, ought to be, in strict subordination to the civil 
 power ; that no soldier can, in time of peace, be quar- 
 tered in any house without the consent of the owner ; 
 nor in time of war, but in such manner as may be 
 prescribed by law ; nor can any appropriation for the 
 support of an army be made for a longer period than 
 two years. Mo., 348. 
 
 —No standing army shall be kept up by this State 
 in time of peace. Cal, 96; Del, 111; Fl, 130; 
 Iowa, 184 ; Ky., 224; Me., 240. 
 
 — That standing armies are dangerous to liberty, and 
 ought not to be raised or kept up without the consent 
 of the Legislature. Md., 255 ; N. H., 400 ; Pa., 468 • 
 Miss., 335 ; Va., 533 ; Nev., 380 ; Vt., 522. 
 — A well-regulated militia, being necessary to the 
 security of a free State, the right of the people to 
 keep and bear arms, shaiU not be infringed. Qa., 142 • 
 
 —That a well-regulated' militia is the proper and 
 natural defense of a free government. Md.. 255 • 
 N. H., 400. , ' 
 
 —That the sure and certain defense of a free people 
 IS a well-regulated militia; and, as standing armies in 
 tune of peace are dangerous to freedom, they ought 
 to be avoided, and as the circumstances and safety 
 of the community will admit; and that in all cases 
 the military shall be kept in strict subordination to 
 the civil authority. Tenn., 491. 
 
 SLAVERY— RIGHTS OF COLORED PERSONS. 
 
 —Neither slavery nor involuntary servitude unless 
 for the punishment of crime, whereof the party shall 
 have been duly convicted, shall exist within the 
 
13 
 
 United States, or any place subject to their jurisdic- 
 tion. TJ. S., 20 ; [similar provision, with preambles 
 and provisos, in some]. Ala., 74 ; III : Cat 97 ; M., 
 140; Oa., 143 ; lU., 166 ; Ind., 171 ; Iowa, 184; Kan., 
 197 ; Za., 225 ; Mich., 314 ; Md., 255 ; Miss., 343 ; Mo., 
 364; N. C, 431; Ohio, 413; M).. 346; Wis., 559; 
 iVe5., 370; ^u., 380; Tex., 518; Fa., 357; B. I, 
 473; rem., 503; Mn., 319; Or., 459. 
 — The Legislature shall make no law recognizing the 
 right of property in man. La., 225. 
 — No indenture of any negro or mulatto, made and 
 executed out of the bounds of the State, shall be 
 valid within the State. Ind., 171. 
 
 [A Constitutional guaranty of right of property in 
 the slave and its increase, and prohibition against 
 their emancipation.] Ky., 221. 
 
 — That no person can, on account of color, be dis- 
 qualified as a witness; or be disabled to contract, 
 otherwise than as others are disabled ; or be pre-, 
 vented from acquiring, holding and transmitting 
 property^" or be liable to any other punishment for 
 any offense, than that imposed upon others for a like 
 offense ; or be restricted in the exercise of religious 
 worship ; or be hindered in acquiring education ; or 
 be subjected, in law, to any other restraints or dis- 
 qualifications, in regard to any personal rights, than 
 such as are laid upon others under like circum- 
 stances. Mo., 346. 
 
 — All contracts made with any negro or mulatto 
 coming into the State, contrary to the provision of 
 the foregoing section, shall be void ; and any person 
 who shall employ such negro or mulatto, or otherwise 
 encourage him to remain in the State, shall be fined 
 in any sum not less than ten dollars nor more than 
 five hundred dollars. Ind., 180. 
 — Nor shall any male person arrived at the age of 
 twenty-one years, nor female arrived at the ag*e 
 of eighteen years, be held to serve any person as a 
 servant, uuder any indenture or contract hereafter 
 made, unless such person shall enter into such inden- 
 ture or contract while in a state of perfect freedom, 
 and on condition of a bona fide consideration 
 received or to be received for their services. Ark., 88. 
 — ^Nor shall any indenture of any negro or mulatto 
 hereafter made and executed out of this State, or if 
 made in this State, where the term of service exceeds 
 one year, be of the least vaUdity, except those given 
 in the case of apprenticeship, which shall not be for 
 a, longer term than until the apprentice shall arrive at 
 the age of twenty-one years, if a male, or the age of 
 eighteen years, if a female. Ark, 88. 
 — The marriage relation between white persons and 
 persons of African descent is forever prohibited, and 
 such marriage shall be null and void ; and it shall be 
 the duty of the General Assembly to enact laws for 
 the punishment of any officer who shall knowingly 
 issue a license for the celebration of such marriage, or 
 any officer or minister of the gospel who shall marry 
 such persons together. Oa., 150. 
 - -It shall be the duty of the General Assembly, at 
 its next session, and from time to time thereafter, to 
 enact such laws as will protect the freedmen of this 
 State in the full enjoyment of aU their rights of per- 
 son and property, and guard them against any evils 
 that may arise from their sudden emancipation. 
 Ala., 78. 
 
 — Be it ordained, that on and after the ratification of 
 the Constitution, no person, save under the military 
 arm of the Federal government, shall be permitted 
 to bring within the limits of this State any indentured 
 or freed negro or mulatto; nor shall any negro or 
 mulatto not now in the State be ever permitted to reside 
 within its limits, save by authority of the government 
 of the United States, or under some proclamation of 
 the President. Ark, 95. 
 
 —Africans and their descendants shall be protected 
 in their rights of person and property by appropriate 
 legislation ; they shall have the right to contract and 
 be contracted with ; to sue and be sued; to acquire, 
 hold and transmit property ; and all criminal prose- 
 cutions against them shall be conducted in the same 
 manner aa prosecutions for hke offenses against the 
 4 
 
 white race, and they shall be subject to like penalties. 
 Tex., 518. 
 
 — Africans and their descendants shall not be pro- 
 hibited, on account of their color or race, from testi- 
 fying orally, as witnesses, in any case, civil or 
 criminal, involving the right of injury to, or crime 
 against any of them, in person or property, under 
 the same rules of evidence that may be applicable to 
 the white race ; the credibility of their testimony 
 to be determined by the court or jury hearing the 
 same ; and* the Legislature shall have power to 
 authorize them to testify as witnesses in all other 
 cases, under such regulations as may be prescribed, 
 as to facts hereafter occurring. Tex., 518. 
 — Any person who shall, after this Constitution shall 
 have gone into effect, detain in slavery any person 
 emancipated by the provisions of this Constitution, 
 shall, on conviction, be fined not less than five hundred 
 dollars nor more than five thousand dollars, or be 
 imprisoned not more than five years ; and any of the 
 judges of this State shall discharge, on habeas corpus, 
 any person so detained in slavery. Md,, 266. 
 — The General Assembly shall pass no law, nor make 
 any appropriation to compensate the masters or 
 claimants of slaves emancipated from servitude by 
 the adoption of this Constitution. Md., 264. 
 — The General Assembly shall have no power to 
 make compensation for emancipated slaves. Mo., 354. 
 ^The General Assembly shall, at the first session 
 under the amended Constitution, pass such laws as 
 will effectually prohibit free persons of color from 
 immigrating to and settling in this State ; and effect- 
 ually prevent the owners of slaves from bringing 
 them into this State for the purpose of setting them 
 free. III., 169. 
 
 — No negro or mulatto shall come into or settle in 
 the State after the adoption of this Constitution. 
 Ind., 180. 
 
 — All fines which may be collected for a violation of 
 the provisions of this article, or any law which may 
 hereafter be passed for the purpose of carrying the 
 same into execution, shall be set apart and appropri- 
 ated for the colonization of such negroes and mulattoes 
 and their descendants, as may be in the State at the 
 adoption of this Constitution, and may be willing 
 to emigrate. Ind., 180. 
 
 — All the inhabitants of the State, without distinc- 
 tion of color, are free, and shall enjoy the rights of 
 person and property, without distinction of color. 
 Fl., 140. 
 
 — Persons emancipated by ordinance can not be 
 apprenticed except in pursuance of laws. Mo., 362. 
 ^Courts of competent jurisdiction may apprentice 
 minors of African descent on like conditions provided 
 by law for apprenticing white children. Va., 537. 
 — Nothing in this Constitution shall prevent the 
 General Assembly from passing such laws in relation 
 to the apprenticeship of minors, during their minority, 
 as may be necessary and proper. Ill, 169. 
 
 TREASON. —ATTAINDER. —BANISHMENT.— 
 CONFISCATION OF ESTATES. 
 
 — Treason against the State shall consist only in levy- 
 ing war against it, adhering to its enemies, or giving 
 them aid and comfort. [Mb., 348.] No person shall 
 be convicted of treason unless on the evidence of two 
 witnesses to the same overt act, or confession in open 
 court. U. S., 16; Ala., 73; Ark, 93; Cal., 97; Ct, 
 113 ; Del, 121 ; Fl, 140 ; Ind., 171 ; Iowa, 184 ; Kan., 
 197; Ky., 219; La., 233; Me., 240; Mick, 307; Miss., 
 342; Minn.,319; Neb., 374; Nev., 380; N. J., 412; 
 
 Or., 448 ; Tex., 515 ; W. Va., 547 ; Wis., 560. 
 — Treason shall be punished, according to the charac- 
 ter of the acts committed, by the infliction of one or 
 more of the penalties of death, imprisonment, fine, 
 or confiscation of the real and personal property of 
 the offender, as may be prescribed by law. W. 
 
 Va., 547. 
 
 — No person shall be attainted of treason or felony 
 by the Legislature. Ct., 108; Ky., 224; Mass., 282; 
 Mo.,U8; Pa.,i65; Vi., 525. 
 
14 
 
 1 § 5. Excessive bail shall not be required nor excessive fines imposed(')j nor 
 
 2 shall cruel and unusual punishments be inflicted f), nor shall witnesses be 
 
 3 unreasonably detained^. 
 
 — ^No conviction can work corruption of blood; that 
 there can be no forfeiture of estate for any crime, 
 except treason ; and that the estates of such persona 
 as may destroy their own hves shall descend or vest, 
 as in cases of natural death. Mo., 348 ; Term., 491. 
 — That no attainder shall work corruption of blood; 
 nor, except during the life of the offender, forfeiture 
 of estate to the Commonwealth ; that the estates of 
 such persons as shall destroy their own lives, shall 
 descend or vest as in case of natural death ; and if 
 any person shall be killed by casualty, there shall be 
 no forfeiture by reason thereof. Pa., 468. 
 — That the estates of suicides shall descend or vest as 
 in cases of natural death ; and if any person shall be 
 killed by casualty, there shall be no forfeiture by 
 reason thereof. Miss., 335 ; Term., 491. 
 — No person shall be attainted of treason or felony 
 by the Legislature. Ct, 108 ; Miss., 282. 
 — That no person shall be liable to be transported out 
 of this State for any offense committed within the 
 same. lU., 166 ; Kan., 197 ; Vt, 522 ; Ohio, 433. 
 — No person shall be transported out of the State 
 for any offense committed within the same ; and no 
 conviction shall work corruption of blood, or forfeit- 
 ure of estate. Ohio, 433. 
 
 -^That no conviction shall work corruption of blood, 
 nor shall there be any forfeiture of the estate of any 
 person for any crime, except treason, and then only 
 on conviction. Md., 255. 
 
 — That no conviction shall work corruption of blood 
 or forfeiture of estate, under any law of this State. 
 Ala., 73; Ark., 84; Fl., 129; Ga., 142; lU., 166; 
 Ind., 171; Kan., 197; Ky., 224; Me., 270; Mo., 348; 
 Or., US; Tenn., 4:19. 
 
 — That no law to attaint particular persons of treason 
 or felony ought to be made in any case, or at any 
 time hereafter. Md., 254. 
 
 — The Legislature shall have power to declare the 
 punishment of treason ; but no attainder of treason 
 shall work corruption of blood or forfeiture, except 
 during the life of the person attainted; La., 233. 
 
 (1). Ala., 73; Ark., 84; Ct, 108; Fl, 129; 
 Ind., 255 ; Mass., 282. 
 
 (2). Cal., 9G; Del, 2\7; Ga., U2;Towa, 18i; Kan., 
 197 ; Me.. 240; Nev., 379; Neh., 370. 
 
 (3). Fl, 129; Ind., 170; La., 233; Mii.'s., 337; 
 
 Mm., 317; Mo., 347; K a, 422; N.J., 412; Wis., 
 
 560; Va., 532; & C, 488; K H., 400; Pa., 468; 
 
 R. I., 473; Ttnn., 491; Or., 448; Ohio, 432; Tex., 
 
 606; W. Fa., 547. > . . 
 
 EXCESSIVE BAIL.— PUNISHMENT FOR 
 CRIMES. 
 — That all prisoners shall be bailable by sufiacient 
 securities, unless in capital offenses, where the proof 
 is evident or the presumption great. Ala., 73 ; Ark., 
 84; Cal., 9G ; lU., 166; Iowa, 184; Kan., 197; Ky., 
 224; MzcA., 307; 0/wo, 432; Pa., 468. 
 — ^That all penalties shall be reasonable, and propor- 
 tioned to the nature of the offense. Ark. 84 • Ind 
 170; Hi., 166; La., 233; Me., 240; W. Va., 547. '' 
 - -The true design of all punishment being to reform, 
 not to exterminate mankind. III., 166. 
 — The penal code shall be founded on the principles 
 of Reformation, and not of vindictive justice. Ind 
 170; On, 448. ' 
 
 —And all prisoners, unless in execution, or com- 
 mitted for capital offenses, when the proof is evident 
 or presumption great, shall be bailable, by sufficient 
 sureties ; nor shall excessive bail be exacted for bail- 
 able offenses. * 
 
 —Sanguinary laws shall not be passed. Me., 240. 
 —That sanguinary laws ought to be avoided as far as 
 it is consistent with the safety of the State; and no 
 
 law to inflict cruel and unusual pains and penalties 
 ought to be made in any case, or at any time here- 
 after. Md., 254. 
 
 — All courts shall be open, and every man for an 
 injury done him in his reputation, person, movable or 
 immovable possessions, shall have remedy by the due 
 course of law [Tenn., 506], and justice administered 
 according to the very right of the cause and the law 
 of the land, without sale, denial, or unreasonable 
 delay or expense ; and every action shall be tried in 
 the county in which it shall be commenced, unless 
 when the judges of the court in which the cause is to 
 be tried, shall determine that an impartial trial there- 
 for cannot be had in that county. Del., 116.' 
 — ^No person shall be subject to corporal punishment 
 under military law, except such as are employed in 
 the army or navy, or in the militia when in actual 
 service, in time of war, or public danger. Me., 240 ; 
 Tenn., 491. 
 
 — All punishments ought to be proportioned to the 
 offense. _ Or., 448; 22. Z, 473. 
 — No wise Legislature will affix the same punishment 
 to the crimes of theft, forgery, and the Uke, which 
 they do to those of murder and treason. Where the 
 same undistinguishing severity is exerted against all 
 offenses, the people are led to forget the real distinc- 
 tion in the crimes themselves, and to commit the 
 most flagrant with as little compunction as they do 
 the lightest offenses. For the same reason a multi- 
 tude of sanguinary laws is both impolitic and unjust : 
 the true design of all punishments being to reform', 
 not to exterminate mankind. iV. H., 400. 
 — All prisoners shall be bailable by sufficient sureties, 
 unless for capital offenses, when the proof is evi- 
 dent, but this provision shall not be so construed as 
 to prohibit bail after indictment found, upon an 
 examination of the evidence by a Judge of the 
 Supreme or District Court, upon the return of a writ 
 of habeas corpus, returnable in the county where the 
 offense is committed; [or to such other counties as 
 the same may by consent of parties be made return- 
 able]. Tex., 506. 
 
 — All prisoners shall be bailable by sufficient sureties, 
 unless for capital offenses, when the proof is positive 
 or the presumption great; [Mo., 347; Mtss., 335 
 Mv., 379 ; K 0, 426; Or., 447] ; and when persons are 
 confined oi) accusation for such offenses, their friends 
 and counsel may at proper seasons have access to 
 them. Del, 117. 
 
 — All pri-soners shall, before conviction, be bailable 
 by sufficient sureties, except for capital offensus' 
 where the proof is evident, or the presumption great • 
 and the privileges of the writ of habeas corpiis shall 
 not be suspended, unless when in case of rebellion or 
 invasion, the public safety may require it, nor in anv 
 case but by the Legislature. Ct., 108; substantially- 
 similar, FL, 129 ; Me., 240 ; R. L 473. 
 —AH persons shaU be bailable by sufficient sureties 
 unless for capital offenses, where the proof is evident 
 or presumption great; or, unless after conviction for 
 any offense or crime punishable with death or imnris- 
 onment at hard labor. La., 233. 
 -No person, before conviction, shall be bailable for any 
 of the crimes winch now are or have been denominated 
 capital offenses since the adoption of the Constitution, 
 when the proof is evident or the presumption great 
 whatever the punishment uf the crime may be Me 252 
 — JNo person can in any case be subjected to law- 
 martial, or to any penalties or pains, by virtue of that 
 cZ' ^?r ®?,^ *^°^« employed in the army or navy f Vt ' 
 522; iV:^, 401], and except the militia in^^ctual 
 service, but by authority of the Legislature. Ma^ 
 
 —In the construction of jails, a proper regard shall 
 be had to the health of prisoners. Del, 117f Pa., Tel! 
 
15 
 
 1 S 6- No person shall be held to answer for a capital or otherwise infamous 
 
 2 crime (except in cases of impeachment, and in cases of militia when in active (') 
 
 3 service ; and the land and naval forces in time of war, or which this State may 
 
 4 keep, with the consent of Congress, in time of peace, and in cases of petit larceny, 
 6 under the regulation of the Legislature), unless on presentment or indictment 
 
 6 of a grand jury ; and in any trial in any court whatever, the party accused 
 
 7 shall be allowed to appear and defend in person and with counsel as in civil 
 
 8 actions.(*) No person shall be subject to be twice put in jeopardyf) for the same 
 
 9 offense ; nor shall he be compelled in any criminal case to be a witness against 
 
 10 himself.f) nor be deprived of life, liberty or property without due process of law ; 
 
 11 nor shall private property be taken for public use, without just compensation.('') 
 
 — No person arrested or confined in jail shall be 
 treated with unnecessary rigor. Tenn., 491. 
 — No commission of oyer and terminer or jail delivery 
 shall be issued. i?eZ., 117. 
 
 — That no person, except regular soldiers, mariners, 
 and marines in the service of this State, or militia 
 when in actual service, ought in any case to be sub- 
 ject to, or punishable by-, martial law. Md., 255. 
 
 IMPRISONMENT FOR DEBT. 
 
 No person shall be imprisoned for debt [Tex., 506] 
 in any civil action on mesne or final process, unless 
 in cases of fraud [Neh., 371 ; Ohio, 433 ; Kan., 197;] 
 and no person shall be imprisoned for a miUtia fine in 
 time of peace. Cal., 97 ; Iowa, 184. 
 — That imprisonment for debt cannot exist in this 
 State, except for fines or penalties imposed for viola- 
 tion of law. Mo., 348. 
 
 — No person shall be imprisoned for debt. Md., 246. 
 — § 11. Imprisonment f6r debt shall not be allowed 
 in this State, except when an allegation of fraud on 
 the part of the debtor shall be clearly proved. 
 Ark., 93. 
 
 — In any action, or in any judgment founded upon 
 contract, unless in cases of fraud ; nor shall any per- 
 son be imprisoned for a militia fine in time of peace. 
 
 iv: .;:, 412. 
 
 — Except in cases of fraud or absconding debtors. 
 Or., 448. 
 
 — That the person of a debtor, when there is not 
 strong presumption of fraud shall not be detained in 
 prison, after delivering up his estate for the benefit of 
 his creditors, in such manner as shall be prescribed 
 by law. Miss. 335; Ky., 224. 
 
 That the person of a debtor, where there is not 
 
 strong presumption of fraud, shall not be continued 
 in prison after delivering up his estate for the benefit 
 of his creditor or creditors in such manner as shall be 
 prescribed by law. Ala.,1Z; Term., 4:91. 
 
 That the person of a debtor, where there is not 
 strong persumption of fraud, shall not be continued 
 in prison after delivering up his estate for the benefit 
 of his creditors in such manner as shall be prescribed 
 by law. Pa., 468 ; R. I, 473 ; Vt, 526. 
 
 Shall not bo continued in prison after delivermg up 
 
 bona fide all his estate, real and personal, for the use 
 of his creditors, in such manner as shall hereafter be 
 
 regulated by law. •, -. , ^ • 
 
 —No person shall be imprisoned for debt arising out 
 of or founded on a contract expressed or implied. 
 Mich., 307 ; Wis., 560. , , ^ , 
 
 —Except in oases of fraud or breach of trust, or of 
 moneys collected by public officers, or in any profes- 
 
 sional employment. No person shall be imprisoned 
 for a militia fine in time of peace. Mich., 307. 
 — The privilege of the debtor to enjoy the necessary 
 comforts of life shall be recognized by wholesome 
 laws, exempting a reasonable amount of property 
 from seizure or sale, for the payment of any debt or 
 liability hereafter contracted. Wis., 560. 
 — The privilege of the debtor to enjoy the necessary 
 comforts of life shall be recognized by wholesome 
 laws, exempting a reasonable amount of property 
 from seizure or sale for payment of any debts or lia- 
 bilities hereafter contracted; and there shall be no 
 imprisonment for debts except in cases of fraud, libel, 
 or slander, and no person shall be imprisoned for a 
 militia fine in time of peace. Nev. 380. 
 — No person shall be imprisoned for debt in this 
 State, but this State shall not prevent the Legislature 
 from providing for imprisonment, or holding to bail 
 persons charged with fraud in contracting said debt. 
 A reasonable amount of property shall be exempt 
 from seizure or sale, for the payment of any debt or 
 liability ; the amount of such exemption shall be 
 determined by law. Min., 320. 
 — The person of a debtor shall not be detained in 
 prison, after delivery, for the benefit of his creditors 
 of all his estate, not expressly exempted by law 
 from levy and sale. Ga., 143. 
 
 — iSTo person shall be imprisoned for debt, unless upon 
 refusal to deliver up his estate for the benefit of his 
 creditors, in such manner as shall be prescribed by 
 law, or in cases where there is strong presumption of 
 fraud. Ill, 166. 
 
 — The privilege of the debtor to enjoy the necessary 
 comforts of life, shall be recognized by wholesome 
 laws, exempting a reasonable amount of property 
 from seizure or sale for the payment of any debt or 
 liability hereafter contracted ; and there shall be no 
 imprisonment for debt, except in case of fraud. 
 Ind., 170. 
 
 (1) [Actual.] N. T., (1821) 42. 
 
 (2) In every trial on impeachment or indictment, 
 the party accused shall be allowed counsel as in 
 civil actions. N. Y., (1821) 42. 
 
 (3) Ind., 170 ; Kan., 197. Of life or limb. N. T., 
 (1821), 42; Ala., 73; Ark, 84; Fl. 129; IK, 166; 
 Me.,2i0; Tenn., 491; Miss., 335; Tex., 506; U. &, 
 16 ; Ky., 223. 
 
 (4) This section was embraced in 1821, except as 
 above noted. Also, Cal, 96 ; Nev., 360. 
 
 (5) Ind, 170; Kan., 197; Md., 255; Mich., 307; 
 W. Fo., 547; Or., 447; U. S., le 
 
16 
 
 SECOND TRIAL— RIGHT OP SPEEDY TRIAL. 
 
 — That no person, after having been once acquitted 
 by a jury, can, for the same offense, be again put 
 in jeopardy of life or liberty ; but if, in any criminal 
 prosecution, the jury be divided in opinion, the 
 court before which the trial shall be had may, in its 
 discretion, discharge the jury, and commit or bail the 
 accused for trial at the next term of said court. Mo., 
 347. 
 
 — 'S.o person, for the same offense, shall be twice put 
 in jeopardy of life or limb ; nor shall a person be 
 again put upon trial for the same offense, after a 
 verdict of not guilty ; and the right of trial by jury 
 shall remain inviolate. Tex., 506. 
 — ^No subject shall be hable to be tried, after an 
 acquittal, for the same crime or offense. Nor shall 
 the Legislature make any law that shall subject any 
 person to a capital punishment (except for the 
 government of the army and navy, and militia in 
 actual service) without trial by jury. N. H., 399. 
 — That no person shall for any indictable offense, be 
 proceeded against criminally by information ; except 
 in cases arising in the land or naval forces, or in the 
 militia when in actual service in time of war or 
 public danger ; or by leave of the court for oppression 
 and misdemeanor in ofBce. No person shall for the 
 same offense be twice put in jeopardy of Hfe or limb ; 
 nor shall any man's property be taken, or applied to 
 public use, without the consent of his representa- 
 tives, and without just compensation being made. 
 jPa., 467. 
 
 — No person shall be held to answer for a criminal 
 offense, unless on the presentment or indictment of a 
 grand jury, except in eases of impeachment, or in 
 eases cognizable by Justices of the Peace, or arising 
 in the army or navy, or in the militia when in actual 
 service in time of war or pubUc danger ; and no per- 
 son for the same offense shall be put twice in 
 jeopardy of punishment, nor shall be compelled 
 in any criminal case to be a witness against himselC 
 All persons shall, before conviction, be bailable by 
 sufficient sureties, except for capital offenses, wiien 
 the proof is evident or the presumption great ; and 
 the privilege of the writ of habeas corpus shall not be 
 suspended unless when, in case of rebellion or inva- 
 sion, the public safety may require. Wis., 560. 
 — ^No person shall, after acquittal, be tried for the 
 same offense. All persons shall, before conviction, 
 be bailable by sufficient sureties, except for capital 
 offenses, when the proof is evident or presumption 
 great. N. X, 412. 
 
 — No person shall be put in jeopardy of life or liberty 
 more than once for the same offense, save on his or 
 her own motion for a new trial after conviction, or in 
 case of a mistrial Qa., 142. 
 
 — Prosecutions shall be by indictment or information. 
 The accused shall have a speedy public trial, by an 
 impartial jury of the parish in which the offense shall 
 have been committed. He shall not be compelled to 
 give evidence against himself; he shall have the right 
 of being heard, by himself or counsel ; he shall have 
 tlie right of meeting the witnesses face to face, and 
 shall have compulsory process for obtaining witnesses 
 in his favor. He shall not be twice put in jeopardy 
 for the same offense. La., 233. 
 — No person shall for any indictable offense be pro- 
 ceeded against criminally by information, except in 
 cases arising in the land and naval forces, or in the 
 mihtia when in actual service in time of war or pub- 
 lic danger, and no person shall be for the same offense 
 twice put in jeopardy of life or limb ; nor shall any 
 man's property be taken or applied to public use 
 without the consent of his representatives, and with- 
 out compensation being made. Del., 116. 
 — In all criminal prosecutions the accused shall have 
 the right to a public trial by an impartial jury, in the 
 county in which the offense shall have been com- 
 mitted; to be heard by himself and counsel; to 
 demand the nature and cause of the accusation against 
 him, and to have a copy thereof; to meet the wit- 
 nesses face to face, and to have compulsory process 
 
 for obtaining witnesses in his favor. Ind., 170 ; 
 Kan., 197. 
 
 — All offenses less than felony, and in which the pun- 
 ishment does not exceed a fine of one hundred dollars, 
 or imprisonment for thirty days, shall be tried sum- 
 marily before a Justice of the Peace, or other officer 
 authorized by law, on information under oath, with- 
 out indictment or the intervention of, a grand jury, 
 saving to the defendant the right of appeal ; and no 
 person shall be held to answer for any higher criminal 
 offense, unless on presentment or indictment by a 
 grand jury, except in cases arising in the array or 
 navy, or in the militia when in actual service, in time 
 of war or public danger. Iowa, 184. 
 — All persons, for injuries suffered in person, reputa- 
 tion, or property, shall have remedy by due course of 
 law, and justice administered without delay. Kan., 
 197 ; substantially the same. Me., 240. 
 — That every man, for any injury done to him in his 
 person or property, ought to have remedy by the 
 course of the law of the land, and ought to have 
 justice and right fteely without sale, fully without 
 any denial, and speedily without delay, according to 
 the law of the land. Md., 254. 
 — Every subject of the Commonwealth ought to find 
 a certain remedy, by having recourse to the laws, for 
 all injuries or wrongs which he may receive in his 
 person, property or character. He ought to obtain 
 right and justice freely, and without being obliged to 
 purchase it; completely, and without any denial; 
 promptly, and without delay, conformably to the 
 laws. Mass., 281. 
 
 — No person shall be debarred from prosecuting or 
 defending any civil cause for or against him or her- 
 self before any tribunal in this State, by him or 
 herself, or counsel or both. Miss., 335. 
 — No subject shall be held to answer for any crime 
 or offense until the same is fully and plainly, sub- 
 stantially and formally described to him ; or be 
 compelled to accuse or furnish evidence against him- 
 self And every subject shall have a right to produce 
 all proofs that may be favorable to himself; to meet 
 the witnesses against him face to face, and to be fully 
 heard in his defense by himself and counsel. And no 
 subject shall be arrested, imprisoned, despoiled or 
 deprived of his property, immunities or privileges, 
 put out of the protection of the law, exiled, or 
 deprived of his life, liberty, or estate, but by the 
 judgment of his peers, or the law of the land. N'. E., 
 399. 
 
 — No man in a court of common law, shall be com- 
 pelled to give evidence criminating himself. R. I., 
 473. ' 
 
 —That no freeman shall be taken, imprisoned, or 
 disseized of his freehold, liberties or privileges, 
 or outlawed or exiled, or in any manner destroyed 
 or deprived of his life, liberty or property, but by the 
 law of the land, i?"/., 129. 
 
 — That no man shall be put to answer any criminal 
 charge, but by presentment, indictment or impeach- 
 ment, except as hereinafter provided. Ark., 84. 
 — No person shall be arrested, detained or punished 
 except in cases clearly warranted by law. Ct., 107! 
 —In all criminal prosecutions the accused shall have 
 a right to be heard by himself and by counsel [or 
 both. Fl?[ ; to demand the nature and cause of the 
 accusation ; to be confronted by the witnesses against 
 him; to have compulsory process to obtain witnesses 
 in his favor ; and in all prosecutions by indictment or 
 information [or presentment, i?"/.], a speedy public 
 trial by an impartial jury [of the county or district 
 where the offense was committed. m:\ He shall 
 not be compelled to give evidence against himself, 
 nor be deprived of Ufe, liberty or property but by 
 due course of law. And no person shall be holden 
 to answer for any crime the punishment of which 
 may be death or imprisonment for life, unless on a 
 presentment or an indictment of a grand jury, except 
 in the land or naval forces, or in the militia, when in 
 actual service, in time of war, or public danger. Ct 
 107 ; (substantially similar), XJ. S., 19 ; Me., 239 ; Ohio' 
 432 ; Ark, 84 ; Del, 116 ; III, 166 ; Kan., 197 ; lou-a, 
 
17 
 
 1 S 7. When private property shall be taken for any public use, the compen- 
 
 2 sation to be made therefor.Q when such compensation is not made by the State, 
 
 3 shall be ascertained by a jury, or by not less than three commissioners appointed 
 
 4 by a court of record, as shall be prescribed by law. Private roads may bo 
 
 5 opened in the manner to be prescribed by law ; but in every case the necessity of 
 
 6 the road, and the amount of all damage to be sustained by the opening thereof 
 
 7 shall be first determined by a jury of freeholders, and such amount, together 
 
 8 with the expenses of the proceeding, shall be paid by the person to be benefited. 
 
 185 ; Me., 230 ; Min., 319 ; Mo., 347 ; Miss., 335 ; N. J., 
 412 ; N. a, 422 ; Or., 447 ; Pa., 467 ; iJ. I, 473 ; 
 Tenn., 491 ; Tex., 506 ; Va., 532. 
 — All courts shall be open, and every person, for an 
 injury done him in his person, property or reputa- 
 tion, shall have remedy by due course of law, and 
 r\g;ht and justice administered without sale, denial or 
 delay. Ct., 108 ; Fl, 129 ; Ind., 170 ; La., 234 ; Miss., 
 315; Mo., 347; Neb., 370; Ohio, 433; Or., 447; Pa., 
 467 ; Tenn., 491. 
 
 — Justice shall be administered freely and without 
 purchase; completely, and without denial; speedily, 
 and without delay. Jnd., 170. 
 
 — That in all criminal prosecutions every man hath 
 a right to be informed of the accusation against him ; 
 to have a, copy of the indictment or charge in due 
 time (if required) to prepare for his defense; to be 
 allowed counsel ; to be confronted with the witnesses 
 against him ; to have process for his witnesses ; to 
 examine the witnesses for and against him on oath; 
 and to a speedy trial by an impartial jury, without 
 whose unanimous consent he ought not to be found 
 guilty. Md., 254. 
 
 — Every person charged with an offense against the 
 Stale, shall have the privilege and bene.it of counsel, 
 shall be furnished on demand with a copy of the ac- 
 cusation, and list of the witnesses on whose testi- 
 mony the charge against him is founded; shall have 
 compulsory process to obtain the attendance of his 
 own witnesses; shall be confronted with the wit- 
 nesses testifying against him, and shall have a public 
 and speedy trial by an impartial jury, as heretofore 
 practiced. Ga., 142. 
 
 — The powers of the courts to punish for contempt 
 shall be limited by legislative acts. Oa., 142. 
 — Every person within this State ought to find a 
 certain remedy in the laws for all injuries or wrongs 
 which he may receive in his person, property, or 
 character; he ought to obtain right and justice fieely, 
 and without being obliged to purchase it; completely 
 and without denial, promptly and without delay, 
 conformably to the laws. Ill, 166. 
 — No subject shall be held to answer for any crimes 
 or no offense until the same is fully and plainly, sub- 
 stantially and formally, described to him ; or be com- 
 pelled to accuse, or furnish evidence against himself; 
 and every subject shall have a right to produce all 
 proofs that may be favorable to him ; to meet the 
 witnesses against him face to face, and to be fully 
 heard in his defense by himself or his counsel, at his 
 election. And no subject shall be arrested, impris- 
 oned, despoiled or deprived of his property, immuni- 
 ties or privileges, put out of the protection of the 
 law, exiled or deprived of his life, liberty or estate, 
 but by the judgment of his peer.s, or the law of the 
 land. Mass., 281. 
 
 And the Legislature shall not make any law that 
 
 shall subject any person to a capital or infamous pun- 
 ishment, excepting for the government of the army 
 and navy, without trial by jury. Mass., 281. 
 —In the trial of all criminal cases the jury shall be 
 the judges of law as well as feet. Md., 277. 
 5 
 
 — That no person shall for any indictable offense, be 
 proceeded against criminally, by information, except 
 in cases arising in the land or naval forces, or in the 
 militia when in actual service in time of war or pub- 
 lic danger, or by leave of the court for oppression or 
 misdemeanor in office. ICy., 223. 
 — In the trial of all causes in equity in the District 
 Courts, the plaintiff or defendant shall, upon applica- 
 tion made in open court, have the right of trial by 
 jury, to be governed by the rules and regulations 
 prescribed in trials at law. Tex., 510. 
 — The General Assembly shall provide for the com- 
 pensation of jurors, but appropriations for that 
 purpose shall not be made from the State treasury, 
 except in prosecutions for felony and misdemeanor. 
 Va., 543. 
 
 — The General Assembly may modify or abolish the 
 grand jury system. Ind., 177. 
 
 DUELING. 
 
 — Any person who shall, after the adoption of this 
 Constitution, fight a duel, or send or accept a chal- 
 lenge for that purpose, or be aider or bettor in 
 fighting a duel, shall be deprived of the right of 
 holding any office of honor or profit in this State, 
 and shall be punished otherwise, in such manner as 
 is or may be prescribed by law. III., 166. 
 
 [A stringent oath relating to dueling required.] 
 Ill, 166; Mss., 343. 
 
 [Disqualification from holding ofiice and other 
 penalties.] Gal, 104:- Fl, 136; Ky., 220; Md., 264; 
 Mo., 362; Ohio, 443; La., 466; Term., 498; Tea., 
 515; Fa., 537; IT. Fa., 548; IFis., 570. 
 
 (1). a, 107; Fl, 129; Miss., 335. 
 
 COMPENSATION FOR PRIVATE PROPERTY 
 OR SERVICES FOR PUBLIC USE. 
 
 — ^Each individual of the society has a right to be 
 protected by it in the enjoyment of his life, liberty 
 and property, according to standing laws. He is 
 obliged, consequently to contribute his share to the 
 expense of this protection ; to give his personal ser- 
 vice, or an equivalent, when necessary; but no part 
 of the property of any individual can with justice, 
 be taken from him, or apphed to public uses, without 
 his own consent, or that of the representative body 
 of the people. In fine, the people of this Common 
 wealth are not controllable by any other laws than 
 those to which their Constitutional representative 
 body have given their consent. And whenever the 
 public exigencies require that the property of any 
 individual should be appropriated to public uses, he 
 shall receive a reasonable compensation therefor. 
 Mass., 281. 
 
 — No person's property shall be taken, or applied to 
 public use, without adequate compensation being 
 made, unless by the consent of such person. Tfsa., 
 506. 
 
18 
 
 — The assent of two-thirds of the members elected to 
 each House of the General Assembly shall be required 
 to every bill appropriating the public money or public 
 property for local or private purposes. Pa., 476. 
 — Lands may be taken for public way, for the pur- 
 pose of granting to any corporation the franchise of 
 way for public use. In all cases, however, a fair and 
 equitable compensation shall be paid for such land 
 and the damages arising from the taking of the same ; 
 but all corporations being common carriers, enjoying 
 the right of way in pursuance to the provisions of 
 this section, shall be bound to carry the mineral, 
 agricultural and other productions or manufactures 
 on equal and reasonable terms. Min., 328. 
 — The Legislature shall not authorize by private or 
 special law, the sale or conveyance of any real estate 
 belonging to any person; nor vacate nor alter any 
 road laid out by commissioners of highways, or any 
 street in any city or village, or in any recorded town 
 plat. Mich., 303. 
 
 — The General Assembly shall have no power to 
 authorize, by private or special law, the sale of any 
 lands or other real estate belonging in whole or in 
 part to any individual oi' individuals. III., 154. 
 — Private property shall not be taken for public 
 improvements in cities and villages without the con- 
 sent of the owner, unless the compensation therefor 
 shall first be determined by a jury of freeholders, 
 and actually paid or secured in the manner provided 
 by law. Mich., 313. 
 
 — No person's property shall be taken by any corpo- 
 ration under authority of law without compensation 
 being first made or secured in such manner as may 
 be prescribed by law. Or., 457. 
 — No right of way shall be appropriated to the use 
 of any corporation, until full compensation therefor 
 shall be first made in money, or first secured by a 
 deposit of money, to the owner, irrespective of any 
 benefit from any improvement proposed by such cor- 
 poration ; which compensation shall be ascertained 
 by a jury of twelve men in a Court of Eecord, as 
 shall be prescribed by law. Ohio, 443. 
 — The General Assembly shall enact no law author- 
 izing ppivate property to be taken for public use, 
 without just compensation, as agreed upon between 
 the parties, or awarded by a jury, being first paid or 
 tendered to the party entitled to such compensation. 
 Md., 264. 
 
 — That private property shall not be taken or applied 
 for public use, unless, just compensation be made 
 therefor; nor shall private property be taken for 
 private use, or for the use of corporations other than 
 municipal, without the consent of the owner; Pro- 
 vided, However, that laws may be made securing to 
 persons or corporations the right of way over the 
 lands of other persons or corporations, and, for 
 works of internal improvement, the right to estab- 
 lish depots, stations, and turn-outs ; but just compen- 
 sation shall, in such cases, be first made to the owner. 
 Ah..., 73. 
 
 — No marfs property shall be taken by law without 
 just compensation; nor except in case of the State, 
 without such compensation first assessed and ten- 
 dered. Ind., 170. 
 
 - — When private property is taken for the use or ben- 
 efit of the public, the necessity for using such prop- 
 erty and the just compensation to be made therefor, 
 except when to be made by the State, shall be ascer- 
 tained by a ji(ry of twelve freeholders, residing in 
 the vicinity of such property, or by not less than 
 three commissioners, appointed by a Court of Record 
 as shall be prescribed by law. Mich., 314. 
 —In cases of necessity, private ways may be granted 
 npon just compensation being first paid ; and with 
 this exception private property shall not be taken, 
 save for public use, and then only on just compensa- 
 tion to be first provided and paid, unless there be a 
 pressing, unforeseen necessity; in which event the 
 General Assembly shall make early provision for 
 such compensation. Oa., 143. 
 --The property of no person shall be taken for pub- 
 lic use without just compensation therefor. Private 
 
 roads may be opened in the manner to be prescribed 
 by law ; but in every case the necessity of the road 
 and the amount of all damages to be sustained by 
 the opening thereof, shall be first determined by a 
 jury of freeholders; and such amount, together with 
 the expenses of proceedings, shall be paid by the 
 person or persons to be benefited. Mich., 314. 
 — Nor shall any man's property be taken or applied 
 to public use without the consent of his Representa- 
 tives in the General Assembly, nor without just com- 
 pensation being made to him. Ill, 166 ; Va., 537. 
 — Private pioperty shall not be taken for public use 
 without just compensation first being made or secured, 
 to be paid to the owner thereof, as soon as the dam- 
 ages shall be assessed by a jury, who shall not take 
 into consideration any advantages that may result to 
 said owner on account of the improvement for which 
 it is taken. Iowa, 186. 
 
 — Private property shall not be taken for public uses 
 without just compensation; [Mo., 344; Neb., 371; 
 N. J., 412; R. I., 4.53; W. Va., 547; Wis., 560;] nor 
 unless the public exigencies require it. Me., 240 ; to 
 be previously paid. Min., 320 ;] except in cases of 
 war, riot, fire or great public peril, in which cases 
 compensation shall be afterwards made. Nev., 380. 
 — Private property shall not be taken for public use, 
 nor the particular services of any man be demanded, 
 without just compensation ; nor except in the case of 
 the State, without such compensation first assessed 
 and tendered. Or., 448. 
 
 — That private property ought to be subservient to 
 public uses, when necessity requires it; nevertheless, 
 whenever any person's property is taken for the use 
 of the public, the owner ought to receive an equiva- 
 lent in money. Vt., 521. But land may be taken 
 for public highways, as heretofore, until the Legis- 
 lature shall direct compensation to be made. N. J., 
 412. 
 
 — Private property shall ever be held inviolate, but 
 subservient to the public welfare. When taken in 
 time of war or other public exigency, imperativel}' 
 requiring its immediate seizure, or for the purpose of 
 making or repairing roads, which shall be open to the 
 public, without charge, a compensation shall be made 
 to the owner, in money, and in all other cases where 
 private property shall be taken for public use, a com- 
 pensation therefor shall be first made in money, or 
 first secured by a deposit of money; and such com- 
 pensation shall be assessed by a jury, without deduc- 
 tion for the benefits to any property of the owner. 
 Ohio, 433. 
 
 —No part of a man's property shall be taken from 
 him or applied to public uses, without his own con- 
 sent or that of the Representative body of the people. 
 Nor are the inhabitants of this State contr'ollable by 
 any other laws than those to which they, or their 
 representative body have given their consent. N. H., 
 399; n, 522. 
 
 — Laws should have a general operation, and no gen- 
 eral law afiecting private rights shall be varied in any 
 particular case by special legislation, except with the 
 free consent, in writing, of all persons to be affected 
 thereby; and no person being under a legal disability 
 to contract, is capable of such free consent. Ga., 142. 
 — No man's particular service shall be dema!nded 
 without just compensation. Or., 448; /nd, 170. 
 —That no man's particular services shall be demanded, 
 or property taken, or applied to public use, without 
 the consent of his Representatives, or without just 
 compensation being made therefor. Term., 491. 
 
 SUITS AGAINST THE STATE. 
 
 —Suits may be brought against the State, according 
 to such regulations as. shall be made by law Ala 
 73; Cal, 104; Z)cZ., 117. 
 
 — The General Assembly may direct, by law, in what 
 manner, and in what courts, suits may be' brouMit 
 against the State. Ariz., 87; III., 154; Ind 174 ■ 
 Ky., 220 ; Miss., 343 ; Nev., 383 ; Wis., 563. ' ' 
 
19 
 
 1 S 8. Every citizen may freely speak, write and publish his sentiments on all 
 
 2 subjects, being responsible for the abuse of that right ; and no law shall be 
 
 3 passed to restrain or abridge the liberty of speech or the press. In all criminal 
 
 4 prosecutions or indictments for libels, the truth may be given in evidence to the 
 
 5 jury ; and if it shall appear to the jury that the matter charged as libelous is 
 
 6 true, and was published with good motives and for justifiable ends, the party shall 
 
 7 be acquitted ; and the jury shall have the right to determine the law and the fact.(') 
 
 — But no special act authorizing such suit to be 
 brought, or making compensation to any person 
 claiming damages against the State, shall ever be 
 passed, //id., 174; Or., 451. 
 
 —It shall be the duty of the Clerk of the Court of 
 Appeals and the Commissioner of the Land Office 
 respectively, whenever a case shall be brought into 
 said court or office, in which the State is a party or 
 has an interest, immediately to notify the Attorney- 
 G-eneral thereof Md., 271. 
 
 — No State officer or member of the Legislative 
 Assembly shall, directly or indirectly, receive a fee, 
 or be engaged as counsel, agent, or attorney in the 
 prosecution of any claim against this State. Or., 458. 
 
 (1). N. Y. (1821), 42; Cat, 96; (nearly similar), 
 Ct, 107; Fl, 129; Neb., 370; Miss., 334; Tec., 506; 
 Wis., 559. 
 
 FREEDOM OF SPEECH AND OF THE PEESS. 
 
 — That the free communication of thought and opin- 
 ions is one of the invaluable rights of man, and that 
 every person may freely speak, write, and print, on 
 any subject, being responsible for the abuse of that 
 liberty; and in all prosecutions for libel, the truth 
 thereof may be given in evidence, and the jury may 
 determine the law and the facts, under the direction 
 of the court. Mo., 348. 
 
 — That every citizen may freely speak, write and 
 publish his sentiments on all subjects, being responsi- 
 ble for the abuse of that liberty. Ala., 72 ; Fl., 129. 
 — The press shall be free; every citizen may freely 
 speak, write and publish his sentiments on all sub- 
 jects, being responsible for an abuse of this liberty. 
 La., 234. 
 
 — That printing presses shall be free to every person ; 
 and no law shall ever be made to restrain the rights 
 thereof. The free communication of thoughts and 
 opinions is one of the invaluable rights of man; and 
 every citizen may freely speak, write and print, on 
 any subject, being responsible for the abuse of that 
 liberty. Jlr^., 84; Pn., 467. 
 
 — That the liberty of the press ought to be inviolably 
 preserved ; that every citizen of- the State ought to 
 be allowed to speak, write and publish his sentiments 
 on all subjects, being responsible for the abuse of that 
 liberty. Md., 256. 
 
 — ^In prosecutions for the publication of papers inves- 
 tigating the official conduct cf officers or men in 
 public capacity, or where the matter published is 
 proper for public information, the truth thereof may 
 be given in evidence, and in all indictments lor libels 
 the jury shall have the right to determine the law 
 and the facts. Ala., 73; Arh, 84; lU., 160; Ky., 
 223 ; Pa., 467 ; Tsc., 506. 
 
 —In all indictments for libels, the jury, aRer haying 
 received the direction of the court, shall have a right 
 to determine, at their discretion, the law and the 
 fact. Me., 239. 
 
 — The liberty of the press is essential to the security 
 of freedom in a State ; it ought, therefore, to be in- 
 violably preserved. N. H., 400. 
 — The press shall be free to every citizen who under- 
 takes to examine the official conduct of men acting 
 in a public capacity ; and any citizen may print on 
 any such subject, being responsible, for the abuse of 
 that liberty. In prosecutions for publications inves- 
 tigating the proceedings of officers, or where the 
 matter published is proper for public information, the 
 truth thereof may be given in evidence ; and in all 
 indictments for libels, the jury may determine the 
 facts and the law, as in other cases. III., 116. 
 — No law abridging freedom of speech or of the preps 
 shall be passed ; but the Legislature may provide for 
 the restraint and punishment of the publishing and 
 vending of obscene books, papers and pictures, and 
 of libel and defamation of character, and for the re- 
 covery, in civil actions, by the aggrieved party, of 
 suitable damages for such libel or defamation. At- 
 tempts to justify and uphold an armed invasion of the 
 State, or an organized insurrection therein, during 
 the continuance of such invasion or insurrection, by 
 publicly speaking, writing, or printing, or by publish- 
 ing or circulating such writing or printing, may be, 
 by law, declared a misdemeanor, and punished ac- 
 cordingly. W. Va., 547. 
 
 — The liberty of the press is essential to the security 
 of freedom in a State; it ought not, therefore, to be 
 restrained in this Commonwealth. Mass., 281. 
 — ^That the freedom of the press is one of the great 
 bulwarks of liberty, and can never be restrained but 
 by despotic governments. N. C, 422; Fa., 532. 
 — No law shall ever be passed to curtail or restrain the 
 liberty of speech of the press. Miss., 334 ; Mich., 304. 
 — The liberty of the press shall be inviolate ; and all 
 persons may freely speak, write, or publish their sen- 
 timents on all subjects, being responsible for the abuse 
 of such right; and in all civil or criminal actions for 
 libel, the truth may be given in evidence to the jury, 
 and if it shall appear that the alleged libellous matter 
 was published for justifiable ends, the accused party 
 shall be acquitted. Fan., 197. 
 
 — Freedom of speech, and freedom of the press, are 
 inherent elements of political liberty. But while 
 every citizen may freely speak or write, or print on 
 any subject, he shall be" responsible for the abuse of 
 the liberty. Min., 319. 
 
 — That the people have a right to freedom of speech, 
 and of writing and publishing their sentiments con- 
 cerning the transactions of government, therefore 
 the freedom of the press ought not to be restrained. 
 rt, 522. 
 
 — The liberty of the press being essential to the 
 security of freedom in a State, any person may pub- 
 lish his sentiments on any subject, being responsible 
 for the abuse of that liberty ; and in all trials for libel, 
 both civil and criminal, the truth, unless published 
 from malicious motives, shall be sufficient defense to 
 the person charged. B. I., 474. 
 — The printing presses shall be free to every person 
 who undertakes to examine the proceedings of the 
 General Assembly, or of any branch of government ; 
 and no law shall ever be made to restrain the right 
 thereof. The free communication of thoughts and 
 
20 
 
 1 S 9. The assent of two-thirds of the members elected to each branch of the 
 
 2 Legislature, shall be requisite to every bill appropriating the public moneys or 
 
 3 property for local or private pnrposes.(') 
 
 opinions is one of the invaluable rights of man ; and 
 every citizen may freely speak, write and print on 
 any subject, being responsible for the abuse of that 
 liberty. Ill, 166; Ky., 222; Tenn., 491. 
 — But in prosecutions for the publication of papers 
 investigating the official conduct of officers or men in 
 public capacity, the truth thereof may be given in 
 evidence; and in all indictments for libels, the jury 
 shall have a right to determine the law and the facts, 
 under the direction of the court, as in other criminal 
 cases. Tenn., 491. 
 
 — No law shall be passed restraining the free inter- 
 change of thoughts and opinion, or restricting the 
 right to speak, write or print freely on any subject 
 whatever ; but for the abuse of that right every per- 
 son shall be responsible. Ind., 170; Or., 447. 
 — In prosecutions and civil suits for libel, the truth 
 may be given in evidence ; and if it shall appear to 
 the jury that the matter charged as libelous is true, 
 and was publi'ihed with good motives and for justifia- 
 ble ends, the verdict shall be for the defendant. W. 
 Va., 547. 
 
 — In all prosecutions for libel, the truth of the matters 
 alleged to be libelous may be given in justification. 
 Ind., 170. 
 
 — In all prosecutions for libels, the truth may be given 
 in evidence to the jury ; and if it shall appear to the 
 jury that the matter charged as libelous is true, and 
 was published with, good motives and for justifiable 
 ends, the party shall be acquitted. The jury shall 
 have the right to determine the law and the fact. 
 Mirh., 307. 
 
 — Every person may speak, write and publish his 
 sentiments on all subjects, being responsible for the 
 abuse of that right. No law shall be passed to re- 
 strain or abridge the liberty of speech, or of the 
 press. In all prosecutions or indictments for libel, 
 the truth may be given in evidence to the jury, and 
 if it appear to the jury that the matter charged as 
 libelous was true, and was published with good 
 motives and justifiable ends, the party shall be ac- 
 quitted. Iowa, 183 ; substantially the same, Me., 
 239; Ohio, 433; Nev., 380; N. J., 412. 
 
 (1). Mich., 304; [or creating, continuing, altering 
 or renewing any body politic or corporate]. N. T., 
 (1821), 42. 
 
 LAWS FOR APPROPRIATION OF MONEY. 
 
 — The assent of two-thirds of the members elected 
 to each branch of the Legislature shall be requisite 
 to every bill appropriating the public moneys or prop- 
 erty for local or private purposes, or creating, con- 
 tinuing, altering or renewing any body politic or 
 corporate. N. T., (1821). 42. 
 
 — No money shall be drawn from the treasury of the 
 Slate except in accordance with an appropriation by 
 law, and every such law shall distmctly specify the 
 sUm appropriated, and the object to which it shall be 
 applied; Provided, That nothing herein contained 
 shall prevent the General Assembly from placing a 
 contingent fund at the disposal of the Executive, 
 who shall report to the G-eneral Assembly at each 
 session the amount expended and the purposes to 
 which it was applied ; an accurate statement of the 
 receipts and expenditures of the public money shall 
 be attached to and published with the laws after each 
 l^egular session of the General Assembly. Md., 263. 
 
 — No moneys shall be issued out of the Treasury of 
 this Commonwealth and disposed of (except such 
 sums as may be appropriated for the redemption of 
 bills of credit or treasurer's notes, or for the pay- 
 ment of interest arising thereon) but by warrant 
 under the hand of the Governor for the time being, 
 with the advice and consenti of the council for the 
 necessary defense and support of the Commonwealth, 
 and for the protection and preservation of the inhab- 
 itants thereof, agreeably to the acts and resolves of 
 the General Court. Mass., 288. 
 — No money shall be drawn from the Treasury ex- 
 cept in pui'suance of a specific appropriation made 
 bylaw; and no appropriation shall be made for a 
 longer period than two years. Neb., 373 ; Ohio, 434. 
 — No money shall be drawn from the treasury but 
 in consequence of an appropriation made by law, nor 
 shall any appi'opriation of money for the support of 
 an army be made for a longer time than one year. 
 Miss., 342. 
 
 — No money shall be drawn from the treasury except 
 in pursuance of a specific appropriation made by, law, 
 and no appropriation shall be for a longer term than 
 one year. Kan., 200. 
 
 — No vote, resolution, law or order shall pass grant- 
 ing a donation or gratuity in favor of any person, 
 except by the concurrence of two-thirds of the Gen- 
 eral Assembly. Ga., 146. 
 
 — No money shall be drawn from the treasury but in 
 consequence of appropriations ma'ie by law ; and a 
 regular statement and account of the receipts and 
 expenditures of all public money shall be published 
 at least once in every two years. Bel, 119. 
 — No money shall be appropriated except by bill. 
 Mils., 322. 
 
 — No moneys shall be issued out of the treasury of 
 this State, and disposed of (except such sums as may 
 be appropriated for the redemption of bills of credit 
 or treasurer's notes, or for the payment of interest 
 arising thereon) but by warrant imder the hand of 
 the Governor for the time being, by and with the 
 advice and consent of Council, for the necessary 
 support and defense of this State, and for the neces- 
 sary protection and preservation of the inhabitants 
 thereof, agreeably to the acts and resolves of the 
 General Court. JV. K, 406. 
 
 — No money shall be drawn from the treasury but 
 in pursuance of specific appropriations made by law; 
 nor shall any appropriation of money be made for a 
 longer term than two years, except for purposes of 
 education; and no appropriation for private or indi- 
 vidual purposes, or for purposes of internal improve- 
 ment shall be made without the concurrence of two- 
 thirds of both houses of the Legislature. A regular 
 statement and account of the receipts and expend- 
 itures of all public money shall be published annu- 
 ally in such manner as shall be prescribed by law. 
 And in no case shall the Legislature have the power 
 to issue " treasury warrants," " treasury notes " or 
 paper of any description, intended to circulate as 
 money. Tex., 515. 
 
 — Laws making appropriations for the salaries of 
 public officers, arid other current expenses of the 
 State, shall contain provisions upon no other subject. 
 Or., 456. 
 
 —In all cases where sums of money are mentioned 
 in this Constitution, the value thereof shall be com- 
 puted in silver, at six shillings and eight pence per 
 ounce ; and it shall be in the power of the Legisla- 
 ture, from time to time, to increase such qualifica- 
 tions, as to property, of the persons to be elected to 
 offices, as the circumstances of the Commonwealth 
 shall require. Mass., 293. 
 
21 
 
 — In all cases where sums of money are mentioned 
 in this Constitution, the value thereof shall be com- 
 puted in silver at six shillings and eight pence per 
 ounce. iV. K, 410. 
 
 [Two-thirds vote requisite for a tax]. Vt, 523. 
 — No money shall be drawn from the treasury but in 
 pursuance of [specific, La.^\ appropriations made by 
 law, nor shall any appropriations of money for the 
 support of an army be made for a longer time than 
 two years, and a regular statement and account of 
 the receipts and expenditures of all public money 
 shall be pubhshed annually. [Ky.j'ilQ; La., 233; 
 Tenn., 494 ; W. Va,, 556], in such manner as shall be 
 prescribed by law. La., 233 ; S. C, 484. 
 — No money shall be drawn from the treasury, but 
 in consequence of appropriations made by law, [Ah,., 
 78; Ark., 93; Oal., 99; Fl, 137; Qa., 146; Ind., 
 179; Iowa, 186; Mich., 312; Miss., 342; Mo., 362; 
 Neb., 376; Mv., 382; N. J., 414; Ohio, 440; Or., 
 456 ; Pa., 462 ; Vt., 525 ; Wis., 567,] and a regular 
 statement and account of the receipts and expendi- 
 tures of all public money shall be published from 
 time to time. U. S., 13 ; (similar provision), Va., 538. 
 — No subsidy, charge, tax, impost or duties, ought to 
 be established, fixed, laid or levied, under any pretext 
 whatsoever, without the consent of the people, or their 
 Representatives in the Legislature. Mass., 282 ; N. H., 
 400 ; Md., 254 ; Or., 448. 
 
 — That the people of this State ought not to be taxed 
 or made subject to the payment of any impost or 
 duty, without the consent of themselves or their 
 Representatives in General Assembly freely given. 
 N. C, 422. 
 
 — An accurate statement of the receipts and expen- 
 ditures of the public money shall be attached to and 
 published with the laws, at every regular session of 
 the Legislature. Mich., 314; (nearly similar), Ala.. 
 78; Ark.,Q3; CaZ., 99; Ct, 111; Fl, 137; Oa., 146 
 Ind., 179; Iowa, 186; Kan., 201; Me., 246; Mo., 362 
 JVew., 382; Ohio, US; Or., 456. 
 — And previous to any law being made to raise a tax, 
 the purpose for which it is to be raised ought to ap- 
 pear evident to the Legislature to be of more service 
 to the community than the money would be if not 
 collected. Vt., 522. 
 
 EXTRA COMPENSATION FOR SERVICES AND 
 CONTRACTS. 
 
 — No extra compensation shall be made to any officer, 
 public agent or contractor, after the service shall have 
 been rendered, or the contract entered into ; nor shall 
 any money be paid on any claim, the subject-matter 
 of which shall not have been provided for by pre- 
 existing laws, and no public money or property 
 shall be appropriated for local or private purposes, 
 unless such appropriation, compensation or claim 
 be allowed by two-thirds of the members elected 
 to each branch of the General Assembly. Iowa, 
 187. 
 
 — No extra compensation shall be granted or allowed 
 by the General Assembly to any public officer, agent, 
 servant, or contractor, after the services shall have 
 been rendered or the contract entered into; nor shall 
 the salary or compensation of any public officer be 
 increased or diminished during his term of office. 
 Md., 263. 
 
 — The Legislature shall not grant nor authorize extra 
 compensation to any public officer, agent, or contract- 
 or, after the service has been rendered or the contract 
 entered into. Mich., 303 ; IR, 154. 
 The Legislature shall never grant any extra compen- 
 sation to any public officer, agent, servant, or con- 
 tractor, after the services shall have been rendered 
 or the contract entered into. Nor shall the compen- 
 sation of any public officer be increased or diminished 
 during his term of office. Neb., 373 ; Wis., 563. 
 
 -^o extra compensation shall be made to any officer, 
 
 public agent, or contractor, after the service shall 
 have been rendered, or the contract entered into; 
 nor shall any money be paid on any claim, the sub- 
 6 
 
 ject-matter of which shall not have been provided for 
 by the pre-existing law, unless such compensation, or 
 claim, be allowed by two-thirds of the members 
 elected to each branch of the General Assembly. 
 Ohio, 435. 
 
 ^■The Legislature shall provide by law for the com- 
 pensation of all officers, servants, agents, and public 
 contractors, not provided for by this Constitution, 
 and shall not grant extra compensation to any officer, 
 agent, servant, or public contractor, after such public 
 service shall have been performed, or contract entered 
 into for the performance of the same ; nor grant, by 
 appropriation, or otherwise, any amount of money 
 out of the treasury of the State, to any individual on 
 a claim, real or pretended, where the same shall not 
 have been provided for by pre-existing law; Pro- 
 vided, That nothing in this section shall be so con- 
 stiued as to affect the claims of persons against the 
 Republic of Texas, heretofore existing. Tex., 515. 
 — No money shall be drawn from the State treasury 
 as salary or compensation for any officer or employee 
 of the Legislature, or either branch thereof, except in 
 such cases where such salary or compensation has 
 been fixed by a law in force prior to the election or 
 appointment of such officer or employee of the Legis- 
 lature, or either branch thereof, at such session of 
 the Legislature. Nev., 383. 
 
 — No extra compensation shall be granted or allowed 
 to any public officer, agent, or contractor, after the 
 services shall have been rendered, or the contract 
 entered into. Nor shall the salary or compensation 
 of any public officer be increased or diminished dur- 
 ing the term of office. W. Va., 548. 
 — No money shall be drawn from the treasury but 
 in consequence of appropriations made by law ; and 
 an accurate statement of the receipts and expendi- 
 tures of the public money shall be attached to, and 
 published with the laws at the rising of each session 
 of the General Assembly. And no person who has 
 been or may be a collector of public moneys shall be 
 eligible to a seat in either House of the General 
 Assembly, nor be eligible to any office of profit or 
 trust in this state, until such person shall have 
 accounted for and paid into the treasury all sums for 
 which he may be accountable. IR, 153. 
 — The officers mentioned in this article shall, at stated 
 times, receive for their services a compensation to be 
 established by law, which shall neither be increased 
 nor diminished during the period for which they shall 
 have been elected. Ohio, 436. 
 — As every freeman, to preserve his independence 
 (if without a sufficient estate), ought to have some 
 profession, calling, trade or farm whereby he may 
 honestly subsist, there can be no necessity for nor 
 use in establishing officers of profit, the usual effects 
 of which are dependence and servility, unbecoming 
 freemen, in the possessors or expectants, and faction, 
 contention and discord among the people. But if 
 any man is called into public service to the prejudice 
 of his private affairs, he has a right to a reasonable 
 compensation ; and whenever an office, through in- 
 crease of fees, or otherwise, becomes so profitable as 
 to occasion many to apply for it, the profits ought 
 to be lessened by the Legislature. And if any officer 
 shall wittingly and wilfully take greater fees than the 
 law allows him, it shall ever after disqualify him from 
 holding any office in this State, until he shall be re- 
 stored by act of legislation. Vt, 525. 
 
 DEDUCTION FROM SALARIES. 
 
 — All salaries and fees annexed to offices shall be 
 moderate ; and no officer shall receive any fees what- 
 ever without giving to the person who pays a receipt 
 for them, if required, therein specifying every partic- 
 ular and the charge for it. Del.. 125. 
 — It shall be the duty of the General Assembly to 
 regulate by law in what cases and what deductions 
 from the salaries of public officers shall be made, for 
 any neglect of duty in their official capacity. FL, 
 136 ; Ky., 220. 
 
22 
 
 1 S 10. No law shall be passed abridging the,right of the people peaceably 
 
 2 to assemble and petition the government, or any department thereof; nor shall 
 
 3 any divorce be granted, otherwise than by due judicial proceedings ; nor shall 
 
 4 any lottery hereafter be authorized or any sale of lottery tickets allowed 
 
 5 within this State. 
 
 — The Legislature shall reduce the salaries of ofiftcers 
 who shall neglect the performance of any legal duty. 
 Khn., 206. 
 
 — The officers mentioned in this article shall, at stated 
 times, receive for their services a compensation to be 
 establislied by law, which shall neither be increased 
 nor diminished daring the period for which they shall 
 have been elected. Kan., 198. 
 
 — It shall be the duty of the Legislature to regulate, 
 by law, the cases in which deductions shall be made 
 from salaries of public officers for neglect of duty in 
 their official capacity, and the amount of such deduc- 
 tion. Ala., 71 ; Miss., 343. 
 
 — The Legislature may, at any time provide by law 
 for increasing or diminishing the salaries or compen- 
 sation of any of the officers whose salary or compen- 
 sation is fixed by this Constitution; Provided, No 
 such change of salary or compensation shall apply to 
 any officer during the term for which he may have 
 been elected. Nisu., 392. 
 
 — The Legislature shall have power to provide for 
 deduction from the salaries of public officers who may 
 neglect the performance of any duty that may be 
 assigned them by law. Tex., 515. 
 
 RIGHT OF PETITION— RIGHT OF ASSEMB- 
 LING. 
 
 — That every man hath a right to petition the Legis- 
 lature for the redress of grievances, in a peaceable 
 and orderly manner. Md., 254. 
 — That the people shall have a right [at all times — 
 Me.], in a peaceable manner, to assemble together 
 to consult for the common good; and to apply to 
 those invested with the powers of government for 
 redress of grievances, or other proper purposes, by 
 petition, redress or remonstrance. Ah., 74; Fl, 
 130;i/'e., 240. 
 
 — The citizens have a right, in a peaceable manner, 
 to assemble together for their common good, to in- 
 struct their representatives, and to apply to those 
 invested with the power of the government for re- 
 dres!S of grievances, or other proper purposes, by [peti- 
 tion] address or remonstrance. Ark, 85 ; Ct, 108. 
 — The people have a right in an orderly and peacea- 
 ble manner, to assemble to consult upon the common 
 good ; give instructions to their representatives, and 
 to request, of the legislative body, by the way of 
 addresses, petitions or remonstrances, redress of the 
 wrongs done them, and of the grievances they suffer. 
 Mass., 282. 
 
 — The people shall have the right freely to assemble 
 together to consult for the common good, to instruct 
 their representatives, and to petition the Legislature 
 for redress of grievances. Cal., 961 ; III, 166; Iowa, 
 184; Kan., 197; Mich.. 314; Neh., 370; N. J., 413; 
 N. a, 422 ; Nev., 880 ; Or., 448 ; or other purpose 
 by petition, address or remonstrance. Mi<is., 335; 
 Pa., 468; JST. H., 400; R. I, 474; Tenn., 491; Tex., 
 506 ; n, 522. 
 
 — No law shall restrain any of the inh.abitants of the 
 State from assembling together in a peaceable man- 
 ner to consult for their common good, nor from in- 
 structing their representatives, nor from applying to 
 the General Assembly for redress of grievances. Ind., 
 171. 
 
 — The people have a right to assemble together in a 
 peaceable manner, to consult for their common good. 
 
 to-instruct their representatives, and to petition the 
 General Assembly for the redress of grievances. 
 O/wo, 432. 
 
 — Although disobedience to laws by a part of the 
 people upon suggestions of impolicy or injustice in 
 them, tends by immediate effect and the influence of 
 example, not only to endanger the public welfare 
 and safety, but also in governments of a republican 
 form, contravenes the social principles of such gov- 
 ernments founded on common consent for common 
 good; yet the citizens have a right in an orderly 
 manner to meet together, and to apply to persons 
 intrusted with the powers of government, for redress 
 of grievances or other proper purposes, by petition, 
 remonstrance or address. Del., 117. 
 — The right of the people to appeal to the courts, to 
 petition government on all matters cf legitimate cog- 
 nizance and peaceably to assemble for the considera- 
 tion of any matter of public concern shall never be 
 impaired. Qa., 142. 
 
 DIVORCES. 
 
 — Divorces from the bonds of matrimony shall not 
 be granted, but in the cases by law provided for, and 
 by suit in chancery, but decrees in chancery for 
 divorce shall be final, unless appealed from, in the 
 manner prescribed by law, within three months from 
 the date of the enrollment thereof Ala., 77. 
 — The General Assembly shall not have power to 
 pass any bill of divorce, but may prescribe by law the 
 manner in which such cases may be investigated in 
 the courts of justice, and divorces granted. Ark. 87. 
 — No divorces shall be granted by the Legislature. 
 Cal, 99; Iowa, 186; Mich., €03; Min., 323; N. J., 
 415; 2feB., 516. 
 
 — Divorces from the bonds of matrimony shall not 
 be allowed but by the judgment of the court, as shall 
 be prescribed by law. Ft, 140. 
 — The Superior Court shall have exclusive jurisdic- 
 tion in all cases of divorce, both total and partial; 
 but no total divorce shall be granted except on the 
 concurrent verdicts of two special juries. In each 
 divorce case, the court shall regulate the rights and 
 disabilities of the parties. Oa., 148. 
 — The General Assembly shall have no power to 
 grant divorces, but may authorize the courts of justice 
 to grant them for such causes as may be specified by 
 law ; Provided, That such laws be general and uniform 
 in their operation. lU., 154. 
 
 — All power to grant divorces is vested in the Dis- 
 trict Courts, subject to regulation by law. Kan., 200. 
 — The General Assembly have no power to grant 
 divorces, to change the names of individuals, or direct 
 the sales of estates belonging to infants, or other per- 
 sons laboring under legal disabilities, by special legis- 
 lation ; but by general laws shall confer such powers 
 on the courts of justice. Ky., 212. 
 — The Legislature may enact general laws regulating 
 the adoption of children, emancipation of minors, 
 changing of names, and the granting of divorces ; but 
 no special laws shall be enacted relating to particular 
 or individual cases. La., 234. 
 
 — All causes of marriage, divorce and alimony, and 
 all appeals from the Judges of Probate, shall be 
 heard and determined by the Governor and Council 
 until the Legislature shall, by law, make other pro- 
 vision. Mass., 290. 
 
23 
 
 1 S !!• The people of this State, in their right of sovereignty, are deemed to 
 
 2 possess the original and ultimate property in and to all lands within the juris- 
 
 3 diction of the State ; and all lands the title to which shall fail, from a defect of 
 
 4 heirs, shall revert or escheat to the people. 
 
 1 §12. All fendal tenures of every description, with all their incidents, are 
 
 2 declared to be abolished, saving, however, all rents and services certain which 
 
 3 at any time heretofore have been lawfully created or reserved. 
 
 1 g 13. All lands within this State are declared to be allodial, so that, subject 
 
 2 only to the liability to escheat, the entire and absolute property is vested in the 
 
 3 owners, according to the nature of their respective estates. 
 
 1 S 14. ISTo lease or grant of agricultural land, for a longer period than twelve 
 
 2 years, hereafter made, in which shall be reserved any rent or service of any 
 
 3 kind, shall be valid. 
 
 — Divorces from the bonds of matrimony shall not be 
 granted, but in cases provided for by law, by suit in 
 cliancery. 1/ws., 343. 
 
 — The Legislature shall never authorize any lottery, 
 or grant any divorce. Neb., 373 ; Wis., 563. 
 — All causes of marriage, divorce and alimony, and 
 all appeals from the respective Judges of Probate, 
 shall be heard and tried by the Superior Court, until 
 the Legislature shall by law make other provision. 
 N. H., 408. 
 
 —The General Assembly shall have power to pass 
 genefal laws regulating divorce and alimony, but 
 shall not have power to grant a divorce or secure 
 aUmony in any individual case. N. C, 428. 
 — The General Assembly shall grant no divorce, nor 
 exercise any judicial power, not herein expressly 
 conferred. Ohio, 435. 
 
 — The Legislature shall not have power to enact laws 
 annulling the contract of marriage in any case where 
 by law, the courts of this Commonwealth are, or 
 hereafter may be, empowered to decree a divorce. 
 Pa., 462. 
 
 — The Legislature shall have no power to grant 
 divorces, but may authorize the courts of justice to 
 grant them for such causes as may be specified by 
 law: Provided, That such laws be general and uni- 
 form throughout the State. Tenn., 499. 
 
 The General Assembly shall confer on the courts 
 
 the power to grant divorces, change the names of 
 persons, and dn-ect the sale of estates belonging to 
 infants and other persons under legal disabilities, but 
 shall not, by special legislation, grant relief in such 
 cases, or in any other case of which the courts or 
 other tribunals may have jurisdiction. Va., 539. 
 
 LOTTERIES. 
 
 [Lotteries forbidden in Constitution of 1821, and 
 sale of tickets forbidden" except of lotteries provided 
 by laws then existing], p. 43; R. l, 476; (forbidden) 
 III 154; ya., 538; W: Fa., 557; Arh.,n; Cal, 
 99- Ind., 181; Iowa, 180; Kan., 200; Md., 263; 
 Mich., 303; Min., 323; Mo., 354; Nev., 343; N. J., 
 415; OWo, 443; Tenn., 4:99; Tex., 57 &. 
 
 ■ — Lotteries and the sale of lottery tickets for any 
 purpose whatever are prohibited, and the Legislative 
 Assembly shall prevent the same by penal laws. Or., 
 458. 
 
 ■ — The Legislature shall have the power to license the 
 selling of lottery tickets and the keeping of gambling 
 houses ; said houses in all cases shall be on the first 
 floor, and kept with open doors ; but in all cases not 
 less than ten thousand dollars per annum shall be 
 levied as a hcense or tax on each vendor of lottery 
 tickets, and on each gambling house, and five hun- 
 dred dollars on each tombola. La., 234. 
 
 PUBLIC LANDS — TENURE OP LANDS- 
 LEASES— EMINENT DOMAIN. 
 
 [Limitation of leases of agricultural lands in Mich- 
 igan to twelve years], p. 314. 
 
 [The Constitution of 1821 pledged the public lands 
 as a perpetual fund, the interest of which was to be 
 inviolably devoted to schools], p. 42. 
 — All the lands within this State are declared to be 
 allodial, and feudal tenures of every description, with 
 all their incidents, are prohibited. Leases and grants 
 of agricultural land for a longer period than twenty- 
 one years, hereafter made, in which shall be reserved 
 any rent or service of anv kind, shall be void. Min., 
 320. 
 
 — All lands within the State are declared to be allo- 
 dial, and feudal tenures are prohibited. Leases and 
 grants of agricultural land, for a longer term than 
 fifteen years in which rent or service of any kind 
 shall be reserved, and all fines and like restraints 
 upon alienation, reserved in any grant of land, here- 
 after made, are declared to be void. Wis., 560. 
 — That no purchase of lands shall be made of the 
 Indian natives, but on behalf of the public, by 
 authority of the General Assembly. N. 0., 426. 
 — The people of the State in their right of sov- 
 ereignty, are declared to possess the ultimate prop- 
 erty" in and to all lands within the jurisdiction of the 
 State; and all lands the title to which shall fail from 
 defect of heirs, shall revert or escheat to the people. 
 Neb., 376; Wis., 568. 
 
24 
 
 1 S 15. All fines, quarter sales, or other like restraints upon alienation, reserved 
 
 2 in any grant of land hereafter to be made, shall be void. 
 
 — ^No entry by warrant on land in this State shall be 
 hereafter made ; and in all cases where an entry has 
 been heretofore made and has been or shall be so 
 perfected as to entitle the locator to a grant, the 
 Legislature shall make provision by law for issuing 
 the same. W. Va., 556. 
 
 — The State shall have concurrent jurisdiction on all 
 rivers and lakes bordering on this State, so far as 
 such rivers or lakes shall form a common boundary 
 to the State and any other State or Territory, now 
 or hereafter to be formed and bounded by the same. 
 And the river and the navigable waters leading into 
 the same, shall be common highways, and forever 
 free as well to the inhabitants of the State as to the 
 citizens of the United States, without any tax, impost 
 or duty therefor. Wis., 568 ; (nearly similar), Neb., 
 376. 
 
 — No navigable stream in this State shall be either 
 bridged or dammed without authority from the 
 Boaid of Supervisors of the proper county, under 
 tlie provisions of law. No such law shall prejudice 
 the right of individuals to the free navigation of such 
 streams, or preclude the State from the further im- 
 provement of the navigation of such stream. Miss., 
 314. 
 
 [Pre-emption and other rights secured to certain 
 classes.] Tenn., 492, 500. 
 
 — Tn the event of the annexation of any foreign 
 territory to this State, the General Assembly shall 
 enact laws, extending to the inhabitants of the 
 acquired territory all the rights and privileges which 
 may be required by the terms of the acquisition; 
 anything in this Constitution to the contrary not- 
 withstanding. Ala., 78 ; Ark, 93. 
 — That the G-eneral Assembly may at any time cede 
 to the United States government a sufficient parcel 
 or fraction of land for the purpose of coast defense 
 and other national purposes. Fl., 138. 
 — It shall be the duty of the General Assembly to 
 provide for the prevention of waste and damage to 
 the public lands, that may be hereafter ceded to the 
 State, and it may pass laws for the sale of any part 
 or portion thereof; and, in such cases, provide for 
 the safety, security, and appropriation of the pro- 
 ceeds, but in no wise to affect the purposes for which 
 said lands have been heretofore appropriated. Fl., 138. 
 — The following grounds, owned by the State, in 
 Indianapolis, namely: the State House Square, the 
 Governor's Circle, and so much of out lot numbered 
 one hundred and forty-seven as lies north of the 
 arm of the central canal, shall not be sold or leased. 
 Ind., 181. 
 
 — It shall be the duty of the General Assembly to 
 provide for the permanent inclosure and preservation 
 of the Tippecanoe battle-ground. Ind., 181. 
 — Persons residing on Indian lands within the State, 
 shall enjoy all the rights and privileges of citizens, as 
 though they lived in any other portion of the State, 
 and shall be subject to taxation. Min., 329. 
 — The title to all lands and other property, which 
 have accrued to the Territory of Nebraska, by grant, 
 gifi, purchase, forfeiture, escheat, or otherwise, shall 
 vest in the State of Nebraska. Neh., 376. 
 — There shall be one general land office in the State, 
 which shall be at the seat of government, where all 
 titles which have heretofore emanated, or may here- 
 after emanate from government, shall be registered ; 
 and the Legislature may establish, from time to time 
 such subordinate officers as they may deem requisite' 
 Tex., 520. ^ 
 
 — That the State of Texas hereby releases to the 
 owner of the soil all mines and mineral substances 
 that may be on the same, subject to such uniform 
 rate of taxation as the Legislature may impose. All 
 islands along the gulf coast of the State, not now 
 patented or appropriated by locations under valid 
 land certificates, are reserved from location or appro- 
 
 priated (appropriations) in any other manner by 
 private individuals than as the Legislature may direct. 
 Tex., 518. 
 
 — All certificates for head-right claims to land, issued 
 to fictitious persons, or which were forged, and all 
 locations and surveys thereon, are, and the same were 
 null and void from the beginning. 
 — There shall be a Commissioner of the Land OfficCj 
 elected by the qualified voters of the State, on the 
 Tuesday alter the first Monday in the month of 
 November, in the year eighteen hundred and seventy, 
 and on the same day in every sixth year thereafter, 
 who shall hold his office for the term of six years 
 from the first Monday in January ensuing his elec- 
 tion. The returns of said election shall be made to 
 the Governor, and in the event of a tie between two 
 or more candidates, the Governor shall direct a new 
 election to be held, by writs to the Sheriffs of the 
 several counties, and of the city of Baltimore, who 
 shall hold said election after at least twenty days' 
 notice, exclusive of the day of election. He shall 
 perform such duties as are now required of the Com- 
 missioner of the Land Office, or such as may hereafter 
 be prescribed by law, and shall also be the keeper of 
 the chancery records. He shall receive a salary 
 of two thousand dollars per annum, to be paid out of 
 the treasury, and shall charge such fees as are now 
 or may be hereafter fixed by law. He shall make a 
 semi-annual report of all the fees of his office, both 
 as Commissioner of the Land Office and as Keeper 
 of the Chancery Records, to the Comptroller of the 
 Treasury, and shall pay the same semi-annually into 
 the treasury. In case of vacancy in such office by 
 death, resignation or other cause, the Governor shall 
 fill such vacancy until the next general election for 
 members of the General Assembly thereafter, when 
 a Commissioner of the Land Office shall be elected 
 for the full term of six years ensuing. Md., 273. 
 — No lease or grant of agricultural lands, reserving 
 any rent, or service of any kind, shall be valid for a 
 longer period than tvifenty years. Iowa, 184. 
 — None of the lands granted by Congress to the 
 State of Louisiana for aiding in constructing the ne- 
 cessary levees and drains, to reclaim the swamp and 
 overflowed lands of the State, shall be diverted from 
 the purposes for which they were granted. La., 235. 
 — All lands in this State heretofore vested in the 
 State by forfeiture, or by purchase at the sheriff's 
 sales for delinquent taxes, and not released or exone- 
 rated by the laws thereof, or by the operation of the 
 preceding section, may be redeemed by the former 
 owners by payment to this State of the amount of 
 taxes and damages due thereon at the time of such 
 redemption, within five years from the day this Con- 
 stitution goes into operation ; and all such lands not 
 so released, exonerated or redeemed, shall be treated 
 as forfeited, and proceeded against and sold as pro- 
 vided. W. Va., 557. 
 
 —The former owner of any tract of land in this 
 btate sold under the provisions of this article shall be 
 entitled to receive the excess of the sum for which 
 such tract may be sold over the taxes and damages 
 charged and chargeable thereon, and the costs, if his 
 claim be filed in the Circuit Court which decreed the 
 sale, within two years thereafter. W. Va., 557 
 —The Legislature shall have power to extend this 
 Constitution and the jurisdiction of this State over 
 any territory acquired by compact with any State, 
 or with the United States, the same being done bv 
 consent of the United States. La., 235. 
 
 PERPETUITIES — MONOPOLIES. 
 
 --That perpetuities and monopolies are contrary to 
 the genius of a republic, and shall not be allowed- 
 [N. a, 4:22; Tenn., 491], nor shall any hereditary 
 
25 
 
 1 S 16. No purchase or contract for the sale of lands in this State, made since 
 
 2 the fourteenth day of October, one thousand seven hundred and seventy-five, 
 
 3 or which may hereafter be made, of or with the Indians, shall be valid, unless 
 
 4 made under the authority and with the consent of the Legislature. 
 
 1 .g 17. Such parts of the common law, and of the acts of the Legislature of 
 
 2 the colony of New York, as together did form the law of the said colony, on 
 
 3 the nineteenth day of April, one thousand seven hundred and seventy-five, 
 
 4 and the resolutions of the Congress of the said colony, and of the Convention 
 
 5 of the State of New York, in force on the twentieth day of April, one thou- 
 
 6 sand seven hundred and seven ty-seven,(') which have not since expired, or been 
 
 7 repealed or altered, and such acts of the Legislature of this State as are now in 
 
 8 force, shall be and continue the law of this State, subject to such alterations as 
 
 9 the Legislature shall make concerning the same. But all such parts of the com- 
 
 10 mon law, and such of the said acts or parts thereof as are repugnant to this 
 
 11 Constitution are hereby abrogated,^) and the Legislature, at its first session 
 
 emoluments, privileges or honors, ever be granted or 
 conferred in this State. Arh., 84 ; Fl., 130. 
 — Nor shall the law of primogeniture or entailments 
 ever be in force in this State. Tex., 506. 
 — That monopolies are odious, contrary to the spirit 
 of a free government and the principles of commerce, 
 and ought not to be suffered. Md., 256. 
 — That no hereditary emoluments, privileges or 
 honors, shall ever be granted or conferred in this 
 State. Miss., 335 ; Ohio, 433 ; Tenn., 492. 
 — That no title of nobihty, or hereditary emolument, 
 privilege, or distinction, can be granted. Mo., 348. 
 — No law shall be passed granting to any citizen, or 
 class of citizens, privileges or immunities which, upon 
 the same terms, shall not equally belong to all citi- 
 zens. Or., 448. 
 
 — The rights of primogeniture shall not be re-estab- 
 lished, and there shall not fail to be some legislative 
 provision for the equitable distribution of the estates 
 of intestates. 8. C, 488. 
 
 — No perpetuities shall be allowed, except for elee- 
 mosynary purpose. Col., 104 ; Nev., 392. 
 — That the future Legislature of this State shall 
 regulate entails, in such'a manner as to prevent per- 
 petuities. iV: (7., 426; Fl!., 526. 
 
 EIGHTS OP ALIENS. 
 
 (1). N. r., (1821) 43. 
 — No distinction shall ever be made between citizens 
 and aliens in reference to the purchase, enjoyment, or 
 descent of property. Kan., 197 ; Mb., 371 ; Wis., 560. 
 
 Foreigners who are, or who may hereafter become 
 
 bona fide residents of this State, shall enjoy the same 
 rights in respect to the possession, enjoyment, and 
 inheritance of property, as native born citizens. Cal, 
 97 ; hwa, 184 ; Nev., 380 ; Mich, 314. 
 
 White foreigners, who are or may hereafter become 
 
 residents of this State, shall enjoy the same rights in 
 respect to the possession, enjoyment and descent of 
 property as native-born citizens. And the Legislative 
 Assembly shall have power to restrain and regulate 
 the immigration to this State of persons not qualified 
 to become citizens of the United States. Or., 448. 
 1 
 
 CONTINUANCE OP LAWS AND GRANTS. 
 
 (1). On this day the first Constitution went into 
 operation. 
 
 (2). Thus far in the Constitution of 1821, p. 43 ; 
 substantially embraced in Constitution of 1777, 31. 
 
 — All laws which, on the first day of June, one thou- 
 sand seven hundred and ninety-two, were in force in 
 the State of Virginia, and which are of a general 
 nature, and not local to that State, and not repugnant 
 to this Constitution, nor to the laws which have been 
 enacted by the General Assembly of this Common- 
 wealth, shall be in force within this State, until they 
 shall be altered or repealed by the General Assembly. 
 — All laws and parts of laws in force in the Territory 
 at the time of the acceptance of this Constitution by 
 Congress, not inconsistent with this Constitution, 
 shall continue and remain in full force until they 
 expire or shall be repealed. Ectn., 201 ; Wis., 571. 
 — All laws now in force in this State, and not repug- 
 nant to this Constitution, shall remain and be in force, 
 until altered or repealed by the Legislature or shall 
 expire by their own limitation. Me., 249 ; Tenn., 419. 
 — All statute laws of this State now in force, not 
 inconsistent with this Constitution, shall continue in 
 force until they shall expire by their own limitation, 
 or be amended or repealed by the General Assembly ; 
 and all writs, prosecutions, actions, and causes of 
 action, except as herein or otherwise provided, shall 
 continue ; and all indictments which shall have been 
 found, or may hereafter be found, for any crime or 
 offense committed before this Constitution takes effect, 
 may be proceeded upon as if no change had taken 
 place, except as hereinafter specified. Mo., 362. 
 — All laws in force in the Territory of Oregon when 
 the Constitution takes effect, and consistent there- 
 with shall continue in force until altered or repealed. 
 Or., 460. 
 
 — All the laws of this State existing at the time of 
 making this Constitution, and not inconsistent with 
 it, shall remain in force, unless they shall be altered 
 by future laws; and all actions and prosecutions now 
 pending shall proceed as if this Constitution had not 
 been made. £>el., 125. 
 
26 
 
 12 after the adoption of this Constitution, shall appoint three Commissioners, 
 
 13 -whose duty it shall be to reduce into a written and systematic code the whole 
 
 14 body of the law of this State, or so much and such parts thereof as to th»e said 
 
 15 Commissioners shall seem practicable and expedient. And the said Oommis- 
 
 16 sioners shall specify such alterations and amendments therein as they shall deem 
 
 17 proper, and they shall at all times make reports of their proceedings to the 
 
 18 Legislature, when called upon to do so ; and the Legislature shall pass laws 
 
 19 regulating the tenure of otfce, the filling of vacancies therein, and the com- 
 
 20 pensation of the said Commissioners, and shall also provide for the publication 
 
 21 of the said code, prior to its being presented to the Legislature for adoption. 
 
 — A-U fines, penalties, forfeitures, obligations and 
 
 escheats, heretofore accruing to the State of , 
 
 and not made unlawful by the Constitution or laws 
 of the United States, shall continue to accrue to the 
 use of the State. Fl, 140. 
 
 — The General Assembly may grant aid to said dis- 
 tricts out of the funds arising from the swamp and 
 overflowed lands, granted to the State by the IJnited 
 States for that purpose or otherwise. La., 236. 
 — No person shall be prosecuted in any civil action or 
 criminal proceeding, for or on account of any act by 
 him done, performed, or executed, after the first day 
 of January, one thousand eight hundred and sixty- 
 one, by virtue of military authority vested in him by 
 the government of the United States, or that of this 
 State, to do such act, or in pursuance of orders re- 
 ceived by him from any person vested with such 
 authority ; and if any action or proceeding shall have 
 heretofore been, or shall hereafter be, instituted 
 against any person for the doing of any such act, the 
 defendant may plead this section in bar thereof. 
 Me., 360. 
 
 — AH the laws, which have heretofore been adopted, 
 used and approved, in the Province, Colony or State 
 
 of , and usually practiced on in the courts of law, 
 
 shall still remain and be in full force, until altered or 
 repealed by the Legislature ; such parts only excepted 
 as are repugnant to the rights and hberties contained 
 in this Constitution. Mass., 293. 
 — AU laws which have heretofore been adopted, used 
 and approved in the province, colony or State, and 
 usually practiced on in the courts of law, shall remain 
 and be in full force until altered and repealed by the 
 Legislature, such parts thereof only excepted, as are 
 repugnant to the rights and liberties contained in this 
 Constitution; Prouided, That nothing herein con- 
 tained, when compared with the twenty-third article 
 in the bill of rights, shall be construed to affect the 
 laws already madp respecting the perspns or estates 
 of absentees. N. S., 410. 
 
 — All laws of this State, in force on the first day of 
 September, orie thousand eight hundred and fifty-one, 
 and not inconsistent with this Constitution, shall 
 continue in force until amended or repealed. Ohio, 
 444. 
 
 — Nothing contained in this Constitution shall impair 
 the validity of any debts or contracts, or afiect any 
 rights of property, or any suits, actions, rights of 
 action, or other proceedings in courts of justice. 
 Tenn., 499. 
 
 — The common laws and statute laws now in force 
 not repugnant to this Constitution, shall remain in 
 force until they expire of their own limitation, or be 
 altered or repealed by the Legislature ; and all writs, 
 actions, causes of action, prosecution, contracts, 
 claims, and r|ghts of individuals and of bodies corpo- 
 rate, and of ^hp State, and all charters of incorpora- 
 
 tion, shall continue, and all indictments which shall 
 have been found, or which may hereafter be found, 
 for any crime or offense committed before the adop- 
 tion of this Constitution, may be proceeded upon as 
 if no change had taken place. The several courts of 
 law and equity, except as herein otherwise provided, 
 shall continue with the like powers and jurisdiction 
 as if this Constitution had not been adopted. N. J., 
 420. 
 
 — Such parts of the common law as are now in force 
 in the Territory of Wisconsin, not inconsistent with 
 this Constitution, shall be and continue part of the 
 law of this State until altered or suspended by the 
 Legislature. Wis., 575. 
 
 —The compact with the State of Virginia, subject to 
 such alterations as may be made therein agreeably to 
 the mode prescribed by the said compact, shall be 
 considered as part of this Constitution. Ky., 220. 
 [Corresponding provisions in many States, with refer- 
 ence to territorial grants, rights and privileges.] 
 — All laws of force in this State at the adoption of 
 this Constitution, and not repugnant hereto, shall so 
 continue until altered or repealed, except where they 
 are temporary, in which case they shall expire at the 
 times respectively limited for their duration, if not 
 continued by act of the General Assembly. S. C, 
 487. 
 
 — The laws, public records and the judicial and legis- 
 lative written proceedings of the State shall be pro- 
 mulgated, preserved, and conducted in the language 
 in which the Constitution of the United States is 
 written. La., 233. 
 
 REVISION OF THE LAWS. 
 
 —-At Its first session, after the adoption of this Con- 
 stitution, the General Assembly shall appoint not 
 more than three persons, learned in the law, whose 
 duty it shall be to revise and arrange the statute laws 
 of this Commonwealth, both civil and criminal, so as 
 to have but one law on any one subject ; and, also 
 three other persons, learned in the law, whose duty 
 It shall be to prepare a code of practice for the courts, 
 both civil and criminal, in this Commonwealth, by 
 abridging and simplifying the rules of practice and 
 laws in relation thereto ; all of whom shall, at as early 
 a day a& practicable, report the result of their labors 
 to the General Assembly, for their adoption or modi- 
 fication. Ky., 221. 
 
 —No general revision of the laws shall hereafter be 
 made. When a reprint thereof becomes necessary 
 the Legislature, in joint convention, shall appoint a 
 suitable person to collect together such acts and parts 
 of acts as are in force, and without alteration, arrange 
 them under appropriate heads and titles. The laws 
 so arranged shall be submitted to two commissioners 
 
27 
 
 1 S 18. All grants of land within this State, made by the king of Great 
 
 2 Britain, or persons acting under his authority, after the fourteenth day of 
 
 3 October, one thousand seven hundred and seventy -five, shall be null and void ; 
 
 4 but nothing contained in this Constitution shall affect any grants of land 
 
 5 within this State, made by the authority of the said king or his predecessors, 
 
 6 or shall annul any charters to bodies politic or corporate, by him or them made 
 
 7 before that day; or shall affect any such grants or charters, since made by 
 
 8 this State, or by persons acting under its authority ; or shall impair the obli- 
 
 9 gation of any debts contracted by this State, or individuals, or bodies cor- 
 
 10 porate, or any other rights of property, or any suits, actions, rights of action, 
 
 11 or other proceedings in courts of justice.(^) 
 
 appointed by the Q-overnor, for examination, and if 
 certified by them to be a correct compilation of all 
 general laws in force, shall be printed in such manner 
 as shall be prescribed by law. Midi., 314. 
 — The Legislature, at its first session after the adop- 
 tion of this Constitution, shall provide for the appoint- 
 ment of three commissioners, whose duty it shall be 
 to inquire into, revise and simplify the rules of prac- 
 tice, pleadings, forms and proceedings, and arrange a 
 system adapted to the courts of record of this State, 
 and report the same to the Legislature, subject to 
 their modification and adoption ; and such commis- 
 sion shall terminate upon the rendering of the report, 
 unless otherwise provided by law. Wis., b&l. 
 — The Legislature shall never adopt any system or 
 code of laws by general reference to such system or 
 code of laws ; but in all cases shall specify the several 
 provisions of the laws it may enact. La., 2.34. 
 — It shall also be the duty of the General Assembly, 
 within five years after the adoption of this Constitu- 
 tion, and within every subsequent period of ten years, 
 to make provision by law for the revision, digesting 
 and promulgation of all the public statutes of this 
 State, both civil and criminal. Ala., 77. 
 — Within five years after the adoption of this Con- 
 stitution, the laws, civil and criminal, shall be revised, 
 digested and arranged, and promulgated in such man- 
 ner as the General Assembly may direct, and a like 
 revision, digest and promulgation shall be made 
 within every subsequent period of ten years. Arh., 
 93 ; nearly similar, Tex., 516. 
 
 — The Legislature shall, as soon as conveniently may 
 be, provide by law for ascertaining what statutes and 
 parts of statutes shall continue to be in force within 
 this State; for reducing them and all acts of the 
 General Assembly into such order, and publishing 
 them in such manner, that thereby the knowledge 
 of them may be generally diffused ; for choosing In- 
 spectors and Judges of elections, and regulating the 
 same in such manner as shall most effectually guard 
 the rights of the citizens entitled to vote ; for better 
 securing personal liberty, and easily and speedily re- 
 dressing all wrongful restraints thereof; for more cer- 
 tainly obtaining returns of impartial juries; for divid- 
 incr lands and tenements in sales by Sheriffs, where 
 they will bear a division, into as many parcels as 
 may be without spoiling the whole, and for advertis- 
 ing and making the sales in such manner, and at such 
 times and places as may render them most beneficial 
 to all persons concerned; and for establishing schools, 
 and promoting arts and sciences. Del., 125. 
 — The General Assembly, at its first session after the 
 adoption of this Constitution, shall provide for the 
 appointment of three Commissioners, whose duty it 
 
 shall be to revise, simplify and abridge the rules, 
 practice, pleadings and forms of the courts of justice. 
 And they shall provide for abolishing the distinct 
 forms of action at law, now in use, and that justice 
 shall be administered in a uniform mode of pleading, 
 without distinction between law and equity. And 
 the General Assembly may also make it the duty of 
 said Commissioners to reduce into a systematic code 
 the general statute law of the State ; and said Com- 
 missioners shall report the result of their labors to the 
 General Assembly, with such recommendations and 
 suggestions as to abridgment and amendment as to 
 said Commissioners may seem necessary or proper. 
 Provision shall be made by law for filling vacancies, 
 regulating the tenure of office and the compensation 
 of said Commissioners. Ind., 177. 
 — The Legislature shall provide tor the speedy publi- 
 cation of all statute laws of a general nature, and 
 such decisions of the Supreme Court as it may deem 
 expedient; and all laws and judicial decisions shall 
 be free for publication by any person ; Provided, 
 That no judgment of the Supreme Court shall take 
 effect and be operative until the opinion of the court 
 in such case shall be filed with the clerk of said 
 court. Nev., 392. 
 
 — The Legislature, in cases not provided for in this 
 Constitution, shall prescribe by general laws the 
 terms of office, powers, duties and compensation of 
 all public ofBcers and agents, and the manner in 
 which they shall be elected, appointed and removed. 
 W. Va., 548. 
 
 (1) Substantially embraced in Constitution of 1777, 
 32. Identical with § 15, Article VII, Constitution 
 of 1821. p. 43. 
 
 DUELING. 
 
 — Any citizen of this State who may hereafter be 
 engaged either directly or indirectly in a duel either 
 as principal or accessory before the fact, shall forever 
 be disqualified from holding any office under the 
 Constitution and laws of this State, Iowa, 183. 
 — [Oaths concerning dueling required of public 
 officers]. Ky., 219. 
 
 — [Prohibitions against the practice]. Ala., 77 ; Ct. 
 112; Ind.. 171; Kan., 202; Ky., 220; Or., 449; Va., 
 537; W.'Va., 548; Wis., 570. 
 
28 
 
 FUNDAMENTAL PEINCIPLBS — RESERVA- 
 TION OF EIGHTS. 
 
 — A frequent recurrence to the fundamental princi- 
 ples of the Constitution, and a constant adherence to 
 those of piety, justice, moderation, temperance, 
 industry and frugality, are absolutely necessary to 
 preserve the advantages of hberty, and to maintain a 
 free government. The people ought, consequently, 
 to have a particular attention to all those principles, 
 in the choice of their officers and representatives; 
 and they have a right to require of their lav^givers 
 and magistrates an exact and constant observance of 
 them, in the formation and execution of the laws 
 necessary for the good administration of the Com- 
 monwealth. Mass., 282 ; N. H., 401 ; R, 523. 
 — This enumeration of certain rights shall not be 
 construed to deny or disparage others retained by the 
 people [ U. S., 19], and to guard against any encroach- 
 ment on the riglits hereby retained, or any transgres- 
 sion of any of the high powers by this Constitution 
 delegated, we declare, that everything in this article 
 is excepted out of the general powers of govern- 
 ment, and shall forever remain inviolate, and that all 
 laws contrary thereto, or to the following provisions, 
 shall be void. Ala., 74; I'enn., 500. 
 — The declaration of rights hereto prefixed, is de- 
 clared to be a part of the Constitution of this 
 State, and shall never be violated on any pretense 
 whatever. Tenn., 500. 
 
 — To guard against transgressions of the high pow ers 
 which we have delegated, we declare that everything 
 in this article is excepted out of the general powers 
 of government, and shall forever remain inviolate; 
 and that all laws contrary thereto, or contrary to 
 this Constitution, shall be void. Ky., 224; Miss., 
 336 ; Tenn., 500. 
 
 — That a frequent recurrence to fundamental princi- 
 ples is absolutely necessary to preserve the blessings 
 of liberty. Fl, 130; lU., 166; N. C, 422. 
 — The powers not delegated to the United States by 
 the Constitution, nor prohibited by it to the States, 
 are reserved to the States respectively, or to the 
 people. U. S., 19. 
 
 — No law shall be passed, the taking effect of which 
 shall be made to depend upon any authority, except 
 as provided in this Constitution. Ind., 171; Or., 448. 
 — Provided, that laws locating the capital of the 
 State, locating county seats, and submitting town 
 and city corporate acts and other local and special 
 laws, may take efifect or not, upon a vote of the 
 electors interested. Or., 448. 
 — That no free government or the blessings of liberty, 
 can be preserved to any people, but by a firm adher- 
 ence to justice, moderation, temperance, frugality, and 
 virtue, and by a frequent recurrence to fundamental 
 principles. Va., 532 ; Wis., 561 ; Neb., 371. 
 — Legislative acts in violation of the Constitution are 
 void, and the judiciary shall so declare them. Oa., 
 142. 
 
 — That no power of suspending laws or the execution 
 of laws, unless by or derived from the Legislature, 
 ought to be exercised or allowed. Md., 254; Miss., 
 335. 
 
 — The power of suspending the laws, or the execu- 
 tion of the laws, ought never to be exercised but by 
 tlie Legislature, or by authority derived from it to be 
 exercised in such particular cases only as the Legis- 
 lature shall expressly provide for. Mass., 282 ; N. 0., 
 422; N. H., 400; Vt, 522; Va., 532. 
 — No power of suspending laws shall be exercised 
 but by the authority of the Legislature. Dd., 117; 
 (similar provisions) Ind., 171; La., 233; Me., 240; 
 Oto, 433; Or., 448; Pa., 468; Tea;., 506. 
 — We declare, that everything in this article is 
 reserved out of the general powers of government 
 hereinafter mentioned. Del., 117. 
 — The enumeration in the Constitution of certain 
 rights shall not be construed to deny or disparage 
 others retained by the people. U. 8., 19. 
 — This enumeration of rights shall not be construed 
 to deny or disparage others retained by the people 
 
 \Iowa, 184; Kan., 197; Md., 256; Min., 320; Neb., 
 371; iVeu., 380; N. J., 413; Ohio, 433; Or., 445; B. 
 I. 474], and to guard against any encroachments on 
 the rights herein retained, or any transgression of 
 any of the higher powers herein delegated, we declare, 
 that everything in this article is excepted out of the 
 general powers of the government, and shall forever 
 remain inviolate ; and that all laws contrary thereto, 
 or to the other provisions herein contained, shall be 
 void. Ark., 85 ; Qa., 143. 
 
 The Legislature shall assemble for the redress of 
 
 pubhc grievances, and for making such laws as the 
 public good may require. N. H., 400. 
 —The declaration of the political rights and privi- 
 leges of the inhabitants of this State, is hereby de- 
 clared to be a part of the Constitution of this Com- 
 monwealth, and ought not to be violated on any 
 pretense whatsoever. Vt., 527. 
 —That to guard against transgressions upon -the 
 rights of the people, we declare that everything in 
 this article is excepted out of the general powers of 
 government, and shall forever remain inviolate \Tes):; 
 507J : and all laws to the contrary thereto, or to the 
 following provisions, shall be void. Fl, 130; (analo- 
 gous provisions) Pa., 468. 
 
 HOMESTEAD EXEMPTIONS. 
 
 — The Legislature shall protect by law from forced 
 sale a certain portion of the homestead and other 
 property of all heads of famihes. Cal., 104. 
 — A homestead to the extent of one hundred and 
 sixty acres of farming land, or of one acre within 
 the limits of an incorporated town or city, occupied 
 as a residence by the family of the owner, together 
 with all the improvements on the same shall be 
 exempted from forced sale under any process of law, 
 and shall not be alienated without the joint consent 
 of both husband and wife, when that relation exists; 
 but no property shall be exempt from sale for taxes, 
 or for the payment of obligations contracted for the 
 purchase of said premises, or for the erection of im- 
 provements thereon; Provided, The provisions of this 
 section shall not apply to any process of law obtained 
 by virtue of a lien given by the consent of both hus- 
 band and wife. Kan., 206. 
 
 — Laws shall be passed by the General Assembly to 
 protect from execution a reasonable amount of prop- 
 erty of a debtor, not exceeding in value the sum of 
 five hundred dollars. Md., 264. 
 — The personal property of every resident of this 
 State, to consist of such property only as shall be 
 designated by law, shall be exempted to the amount 
 of not less than five hundred dollars from sale on 
 execution, or other final process of any court, issued 
 for the collection of any debt contracted after the 
 adoption of this Constitution. Mich., 313. 
 — Every homestead of not exceeding forty acres of 
 land, and the dwelling-house thereon, and the appur- 
 tenances to be selected by the owner thereof, and not 
 included in any town plat, city or village ; or instead 
 thereof, at the option of the owner, any lot in any 
 city, village, or recorded town plat, or such parts of 
 lots as shall be equal thereto, and the dwelling-house 
 thereon and its appurtenances, owned and occupied 
 by any resident of the State, not exceeding in value 
 fifteen hundred dollars, shall be exempt from forced 
 sale on execution, or any other final process from a 
 court for any debt contracted after the adoption of 
 this Constitution. Such exemption shall not extend 
 to any mortgage thereon lawfully obtained ; but such 
 mortgage, or other alienation of such land, by the 
 owner thereof, if a married man, shall not be valid 
 without the signature of the wife to the same. Mich 
 313. ' 
 
 — The homestead of a family, after the death of the 
 owner thereof, shall be exempt from the payment of 
 his debts, contracted after the adoption of this Con- 
 stitution, in all cases, during the minority of his 
 children. Mich., 313. 
 
29 
 
 — If the owner of a homestead die, leaving a widow, 
 but no children, the same shall be exempt, and the 
 rents and profits thereof shall accrue to her benefit 
 during the time of her widowhood, unless she be the 
 owner of a homestead in her own right. Mich., 
 313. ^ ' 
 
 — A homestead as provided by law, shall be exempt 
 from forced sale under any process of law, and shall 
 not be alienated without the joint consent of husband 
 and wife where that relation exists ; but no property 
 shall be exempt from sale for taxes, or for the pay- 
 ment of obligations contracted for the purchase of 
 said premises, or for the erection of improvements 
 thereon ; Provided, The provisions of this section 
 shall not apply to any process of law obtained by 
 virtue of a lien given by the consent of both husband 
 and wife ; and laws shall be enacted providing for 
 the recording of such homestead within the county 
 in which the same shall be situated. Neo., 383. 
 — The homestead of a family not to exceed two hun- 
 dred acres of land, (not inchided in a town or city) 
 or any town or city lot or lots, in value not to exceed 
 two thousand dollars, shall not be subject to forced 
 sale for any debts hereafter contracted, nor shall the 
 owner, if a married man, be at liberty to alienate 
 the same, unless by the consent of the wife in such 
 manner as the Legislature may hereafter point out. 
 Tex., 516. 
 
 — The Legislature shall have power to protect by law, 
 from forced sale, a certain portion of the property of 
 all heads of families. Tex., 516. 
 — The Legislature shall have power to provide by 
 law for [exemption] from taxation, two hundred and 
 fifty dollars' worth of household furniture, or other 
 property belonging to each family in this State. 
 Tex., 516. 
 
 — All property used exclusively for State, county, 
 municipal, scientific, reHgious, benevolent, and chari- 
 table purposes, and personal property to the amount 
 of at least two hundred dollars for each family, shall 
 be exempted from taxation. Kan., 214. 
 
 PROPERTY OP MARRIED WOMEK 
 
 — All property, both real and personal, of the wife, 
 owned or claimed by marriage, and that acquired 
 afterward by gift, devise, or descent, shall be her 
 separate property; and laws shall be passed more 
 clearly defining the rights of the wife, in relation as 
 well to her separate property as to that held in com- 
 mon with her husband. Laws shall also be passed 
 providing for the registration of the wife's separate 
 property. Ccd., 104; Nev., 383; Tex., 516. 
 — The Legislature shall provide for the protection of 
 the rights of women in acquiring and possessing 
 property, real, personal and mixed, separate and 
 apart from the husband; and shall also provide for 
 their equal rights in the possession of their children. 
 Kan., 206. 
 
 — The General Assembly shall pass laws necessary to 
 protect the property of the wife from the debte of 
 the husband during her life, and for securing the same 
 to her issue after her death. Md., 266. 
 — The real and personal estate of every female, 
 acquired before marriage, and all property to which 
 she may afterward become entitled, by gift, grant, 
 inheritance or devise, shall be and remain the estate 
 and property of such female, and shall not be liable 
 for the debts, obligations, or engagements of her hus- 
 band ; and may be devised or bequeathed by her as 
 if she were unmarried. Mich., 313. 
 — The property and pecuniary rights of every married 
 woman, at the time of marriage, or afterward, acquired 
 by gift, devise, or inheritance, shall not be subject to 
 the debts or contracts of the husband, and laws shall 
 be passed providing for the registration of the wife's 
 separate property. Or., 458. 
 
 8 
 
 MISCELLANEOUS PROVISIONS. 
 
 — The State shall be and remain one of the United 
 States of America. The Constitution of the United 
 States, and the laws and treaties made in pursuance 
 thereof, shall be the supreme law of the land. W 
 Ta., 546. 
 
 — The people of this Commonwealth have the sole 
 and exclusive right of governing themselves as a 
 free, sovereign and independent State , and do, and 
 forever hereafter shall, exercise and enjoy every 
 power, jurisdiction and right, which is not, or may 
 not hereafter be by them expressly delegated to 
 the United States of America, in Congress assembled. 
 Mass., 280. 
 
 — That the Legislature shall pass no law providing 
 for an alteration, change or abolishment of this Con- 
 stitution, except in the manner therein prescribed and 
 directed. Md., 256. 
 
 —Suits may be brought against the Commonwealth 
 in such manner, in such courts, and in such cases, as 
 the Legislature may, by law, direct. Pa., 467. 
 — All civil officers, whose authority is limited to a 
 single judicial district, a single election district, or part 
 of either, shall be appointed, hold their office, be re- 
 moved from oflBce, and, in addition to liability to 
 impeachment, may be punished for official miscon- 
 duct, in such manner as the General Assembly, 
 previous to their appointment, may provide. S. C., 
 
 — No person shall hold, or exercise, at the same time, 
 more than one civil office of trust or profit, except 
 that of Justice of the Peace. La., 234. 
 — The Legislature shall pass no law excluding citizens 
 of this State from office for not being conversant with 
 any language except that in which the Constitution 
 of the United States is written. La., 235. 
 — All officers elected or appointed under this Consti- 
 tution may be removed from office for misconduct, 
 incompetence, neglect of duty, or other causes, in 
 such manner as may be prescribed by general laws ; 
 and unless so removed, shall continue to discharge the 
 duties of their respective offices, until their successors 
 are elected or appointed and qualified. W. Va., 548. 
 — The Legislature may determine the mode of filling 
 vacancies in all offices for which provision is not made 
 in this Constitution. La., 235. 
 — No mechanical trade shall hereafter be taught to 
 convicts in the State prison of this State, except the 
 manufacture of those articles, of which the chief 
 supply for home consumption is imported from other 
 States or countries. Mich., 314. 
 — To deter more effectually from the commission of 
 crimes, by continued visible punishments of long 
 duration, and to make sanguinary punishments less 
 necessary, means ought to be provided for punishing 
 by hard labor, those who shall be convicted of crimes 
 not capital, whereby the criminal shall be employed 
 for the benefit of the public, or for the reparation of 
 injuries done to private persons ; and all persons, at 
 proper times, ought to be permitted to see them at 
 their labor. Vt, 526. 
 
 — The Legislature shall not pass any act authorizing 
 the grant of license for the sale of ardent spirits or 
 other intoxicating liquors. Mich., 304. 
 — Laws may be passed regulating or prohibiting the 
 sale of intoxicating liquor within the limits of this 
 State. W. Va., 558. 
 
 — The Legislature shall provide by law that the fur- 
 nishing of fuel and stationery for the use of the State. 
 Mich., 303. 
 
 — It shall be the duty of the General Assembly at 
 its next session, and from time to time thereafter as 
 it may deem proper, to enact laws prohibiting the 
 intermarriage of white persons with negroes, or with 
 persons of mixed blood, declaring such marriages null 
 and void ah initio, and making the parties to any such 
 marriage subject to criminal prosecutions, with such 
 penalties as may be by law prescribed. Ala., 77. 
 — The inhabitants of this State shall have hberty, in 
 seasonable times, to hunt and fowl on the lands they 
 hold, and on other lands not inclosed, and in like 
 
30 
 
 ARTICLE II. 
 
 1 Seotiok 1. Every male citizen of the age of twenty-one years who shall 
 
 2 have been a citizen for ten days and an inhabitant of this State one year 
 
 3 next preceding an election, and for the last four months a resident of the 
 
 4 county where he may offer his vote, shall be entitled to vote at such election 
 
 5 in the election district of which he shall at the time be a resident, and not 
 
 6 elsewhere, for all officers that now are or hereafter may be elective by the 
 
 7 people ; but such citizen shall have been for thirty days next preceding the 
 
 8 election, a resident of the district from which the officer is to be chosen for 
 
 9 whom he offers his vote. But no man of color, unless he shall have been for 
 
 10 three years a citizen of this State, and for one year next preceding any elec- 
 
 11 tion, shall have been seized and possessed of a freehold estate of the value of 
 
 manner to fish in all beatable and other waters (not 
 private property), under proper regulations to be 
 hereafter made and provided by the General Assem- 
 bly. Vt, 527. 
 
 — The people shall continue to enjoy and freely exer- 
 cise all the rights of fishery, and privileges of the 
 shore, to which they have been heretofore entitled, 
 under the charter and usages of this State. But no 
 new right is intended to be granted, nor any existing 
 right impaired by this declaration. iJ. I., 473. 
 — The Legislature is forbidden to pass any laws im- 
 posing disabilities, or impairing civil rights, on account 
 of acts done in the late rebellion. S. C, 489. 
 — That for redress of grievances, and for amending 
 and strengthening the laws, elections ought to be 
 often held. N. C, 422. 
 
 — The rate of interest in this State shall not exceed 
 six per centum per annum, and no higher rate shall 
 be taken or demanded ; and the General Assembly 
 shall provide by law all necessary forfeitures and pen- 
 alties against usury. Md., 265. 
 
 — The Legislature shall fix the rate of interest ; and 
 the rate so established shall be equal and uniform 
 throughout the State. Tenn., 499. 
 
 QUALIFICATIONS OF ELECTORS FORMERLY 
 REQUIRED IN NEW YORK ASSEMBLY. 
 
 — 1777. That every male inhabitant, of full age, 
 who shall have personally resided within one of the 
 counties of this State for six months immediately 
 preceding the day of election, shall at such election 
 be entitled to vote for representatives of the said 
 county in Assembly ; if, during the time aforesaid he 
 shall have been a freeholder, possessing a freehold of 
 the value of twenty pounds, within the said county, 
 or have rented a tenement therein of the yearly 
 value of forty shillings, and been rated and actually 
 paid taxes to this State: provided, always, that every 
 person who now is a freeman of the city of Albany, 
 or who was made a freeman of the city of New 
 York, on or before the fourteenth day of October, in 
 the year of our Lord one thousand seven hundred 
 and seventy-five, and shall be actually and usually 
 re.nident in the said cities respectively, shall be enti- 
 tled to vote for representatives in Assembly, within 
 his said place of residence. P. 27. 
 
 — [Senate and Governor.] Freeholders possessed of 
 freeholds of the value of one hundred pounds charged 
 thereon. P., 28. 
 
 — 1821. Every male citizen of the age of twenty- 
 one years who shall have been an inhabitant of this 
 State one year next preceding any election, and for 
 the last six months a resident of the town or county 
 where he may offer his vote, and shall have, within 
 the year next preceding the election paid a tax to the 
 State or county assessed upon his real or personal 
 property, or shall by law be exempted from taxation, 
 or, being armed and equipped according to law shall 
 have performed within that year military duty in the 
 militia of this State, or who shall be exempted from 
 performing militia duty in consequence of being a 
 fireman in any city, town or village in this State, and 
 also, every male citizen of the age of twenty-one 
 years, who shall have been for three years next pre- 
 ceding such election an inhabitant of this State, and 
 for the last year a resident in the town or county 
 where he may offer his vote, and shall have been, 
 within the last year assessed to labor upon the public 
 highways, and shall have performed the labor or paid 
 an equivalent therefor, according to law. shall be en- 
 titled to vote in the town or ward where he actually 
 resides, and not elsewhere, for all officers that now 
 are or hereafter may be elective by the people ; but 
 no man of color, unless he shall have been for three 
 years a citizen of this St.ate, and for one year next 
 preceding any election shall be seized and possessed 
 of a freehold estate of the value of two hundred and 
 fifty dollars, over and above all debts and incum- 
 brances charged thereon ; and shall have been actu- 
 ally rated, and paid a tax thereon, shall be entitled 
 to vote at any such election. And no person of 
 color shall be subject to direct taxation unless he 
 shall be seized and possessed of such real estate as 
 aforesaid, p. 37. 
 
 [Property qualification abrogated in 1826J,^. 45. 
 
 QUALIFICATIONS OF AGE, CITIZENSHIP 
 AND RESIDENCE. 
 
 ■ [^S® ^^',™ ^■^^'■y ^'*'^ except Delaware, where it 
 IS 22 years]. 
 
 Citizens of United States. Ala., S2 ; Arlc 82- Ct 
 111; Fl., 135; Oa., 149; Ind., 171; Iowa, 184;'jrv:! 
 218; La., 227; Me., 240; Md., 256; Miss!, 336 J Mo!, 
 
31 
 
 12 two hundred and fifty dollars over and above all debts and incumbrances 
 
 13 charged thereon, and shall have been actually rated and paid a tax thereon, 
 
 14 shall be entitled to vote at such election. And no person of color shall be 
 
 15 subject to direct taxation unless he shall be seized and possessed of such real 
 
 16 estate as aforesaid : Provided, that in time of war no elector in the actual 
 
 17 military service of the United States, in the army or navy thereof, shall be 
 
 18 deprived of his vote by reason of his absence from the State, and the Legis- 
 
 19 lature shall have power to provide the manner in which, and the time and 
 
 20 place at which such absent electors may vote, and for the canvass and returns 
 
 21 of their votes in the election districts in which they respectively reside or 
 
 22 otherwise. 
 
 350 ; NA., 373 ; Nev., 380 ; N. J., i\Z ; N. C, 428 ; 
 Ohio, 438; Or., 448; R. J., 474; Term.., 495; Tex., 
 507; Wis., 561. 
 
 Citizen of U. S. 2 years after naturalization, if of 
 foreign birth. Mass., 300. 
 
 Citizen of State. Ct, 111 ; Oa., 149 ; III, 162 ; 
 Mich., 307; W. Va., 547. 
 
 Citizen of State 2 years. S. C, 486. 
 
 Residence in U. S. 1 year. 325. 
 
 Residence in State 3 months. Me., 240 ; Mich., 308. 
 do do 4 months. Minn., 325. 
 
 do do 6 months. Cal, 97 ; Ind., 171 ; 
 
 Iowa, 184; Kan., 202; Nev., 380; Or., 448. 
 
 Residence in State 1 year. Ala., 82; Ct., 115; 
 Del, 120; Fl, 135; lU., 162; La., 227; Md., 256; 
 Mass., 294; Miss., 336; Mo., 350; N. J., 413; Ohio, 
 438; Pa., 464; R. L, 474; Tex., 507; Vt, 525; Va., 
 533 ; W. Va., 567 ; Wis., 561. If formerly a resident 
 of State 6 months, after return entitles to vote. Pa., 
 464. 
 
 Residence in State 2 years. Oa., 149; Ky., 218. 
 do do time to be provided by law. 
 
 Nel., 371. 
 
 Residence in State 1 year (if alien) after declaring 
 intentions to become a citizen. Ind., 171 ; Mo., 350; 
 Or., 448. 
 
 Residence in State 2 years (if alien) 8. C, 486. 
 do do no time mentioned after decla- 
 
 ration. Minn., 325 ; Neh., 371 ; Wi^., 561. 
 
 Resident in county 1 month. Del., 120 ; Neb., 38Q; 
 W. Va., 547. 
 
 Residence in the county 2 months. Iowa, 184; 
 Mo., 350. 
 
 Residence in county 3 months. 
 
 do do 4 months. 
 
 do do 5 months. 
 
 do do 6 months. 
 
 Md., 256 ; Tenn., 495 ; Tex., 507 ; Va., 533. 
 
 Residence in county 1 year. Ky., 212. 
 
 do do time to be fixed by law. Neb., 
 
 371 ; Ohio, 438. 
 
 Residence in town 4 months. Miss., 336. 
 
 do do 6 months. Ct, 111, 115 ; R. I., 
 
 474; Tex.,m; Fa., 533. ,.,.., 
 
 Residence in town — time to be fixed by law. 
 
 Ohio, 438. 
 Residence in district 10 days. Mich., 308 ; Minn., 
 
 325 ■ Pa 464. 
 
 Residence in district 30 days. Cal, 97 ; Kan., 202 ; 
 
 Nev., 380. ' - ^ 
 
 Residence in district 6 months, i I., Id5; bra., 
 
 149; J/as.5., 294; S. C, 484; Tex.^^-J. 
 
 Residence in district 1 year. Ky., IVH; Js. 0.,4^a. 
 do do time to be fixed by law. 
 
 Ohio, 438. 
 
 Ala., 82 ; La., 227. 
 Miss., 336. 
 N. J., 413. 
 Fl.,lZb;Ga.,U9; 
 
 QUALIFICATIONS OF ELECTORS. 
 
 — Every free white male citizen, of the age of twenty- 
 one years, who has resided in the State two years, or 
 in the county, town or city, in which he offers to vote, 
 one year next preceding the election, shall be a voter; 
 but such voter shall have been, for sixty days next 
 preceding the election, a resident of the precinct in 
 which he offers to vote, and he shall vote in said 
 precinct and not elsewhere. Ky., 210. 
 — Shall have paid, by himself, master or guardian, 
 any State or county tax, which shall, within two 
 years next preceding such election, have been as- 
 sessed upon him, in any town or district of this 
 Commonwealth ; and also every citizen who shall be 
 by law exempted from taxation, and who shall be in 
 all other respects qualified as above mentioned, shall 
 have a right to vote in such election of Governor, 
 Lieutenant-Grovernor, Senators and Representatives; 
 and no other person shall be entitled to vote in such 
 elections. Mass., 294. 
 
 — And every white male of foreign birth of the age 
 of twenty-one years and upwards, who shall have 
 resided in the United States one year, and shall have 
 resided in this State during the six months imme- 
 diately preceding such election, and shall have de- 
 clared his intention of becoming a citizen of the 
 United States conformably to the laws of the United 
 States on the subject of naturalization, shall be enti- 
 tled to vote in the township or precinct where he 
 may reside. Ind., 171. 
 
 — Every white male inhabitant residing in the State 
 on the twenty-fourth day of June, one thousand 
 eight hundred and thirty-five; every white male 
 inhabitant residing in this State on the first day of 
 January, one thousand eight hundred and fifty, who 
 has declared his intention to become a citizen of the 
 United States, pursuant to the laws thereof, six 
 months preceding an election, or who has resided in 
 this State two years and six months and declared his 
 intention as aforesaid. Mich., 307. 
 — And who has paid all taxes assessed to him, after 
 the adoption of this Constitution, under the laws of 
 the Commonwealth after the re-organization of the 
 county, city or town where he offers to vote. Va., 533. 
 — And having within two years next before the elec- 
 tion paid a county tax, which shall have been assessed 
 at least six months before the election, shall enjoy the 
 right of an elector; and every free white male citizen 
 of the age of twenty-one years, and under the age 
 of twenty-two years, having resided as aforesaid, 
 shall be entitled to vote without payment of any tax. 
 Del, 120. 
 
32 
 
 — And the qiialifieations of electors of the Governor 
 shall be the same as those for Senators ; and if no 
 person shall have a majority of votes, the Senate and 
 House of Representatives, shall, by joint ballot, elect 
 one of the two persons having the highest number of 
 votes, who shall be declared Governor. N. S., 405. 
 — And every white male of foreign birth, of the age 
 of twenty-one years and upwards, who shall have 
 resided in the United States one year, and shall have 
 resided in this State during the six months imme- 
 diately preceding such election, and shall have de- 
 clared his intention to become a citizen of the United 
 States one year preceding such election, conformably 
 to the laws of the United States on the subject of 
 naturaUzation, shall be entitled to vote at all elections 
 authorized by law. Or., 448. 
 
 — A plurality of the votes given at an election shall 
 constitute a choice, where not otherwise directed in 
 this Constitution. Cat, 105; Neb., 373; Nev., 392. 
 — All elections ought to be free ; and all the inhabit- 
 ants of this Commonwealth, having such quahfica- 
 tions as they shall establish by their frame of govern- 
 ment, have an equal right to elect officers, and to be 
 elected for public employments. Mass., 281 ; N. K, 
 399. 
 
 — All elections shall be free and equal. Ark, 84; 
 Del, 116; III, 165; Ind., 171; Ky., 223; Miss., 347; 
 N. E; 399; Or., 448; Pa., 467; Term., 490; Va., 532. 
 — All elections should be free and open. Mo., 347. 
 — No property qualification for eligibility to office, or 
 for the right of suffrage shall ever be required in this 
 State. Fl, 129. 
 
 — That elections of members to serve as Representa- 
 tives in General Assembly ought to be free. N. C, 
 422. 
 
 — Every person of good character, who comes to 
 settle in this State, having first taken an oath or 
 aSirmation of allegiance to the same, may purchase, 
 or by other means acquire, hold, and transfer land, 
 or other real estate, and after one year's residence 
 shall be deemed a free denizen thereof, and entitled 
 to all rights of a natural born subject of this State ; 
 except that he shall not be capable of being elected 
 Governor, Lieutenant-Governor, Treasurer, Council- 
 lor, or representative in Assembly, until after two 
 years' residence. Vt., 527. 
 
 — Every citizen shall be entitled to equal representa- 
 tion in the government, and in all apportionments of 
 representation, equality of numbers of those entitled 
 thereto shall, as far as oracticable, be preserved. W. 
 Va., 546. 
 
 — And who is really and truly possessed in his own 
 right of real estate in such town or city of the value 
 of one hundred and thirty-four dollars, over and 
 above all incumbrances, or which shall rent for seven 
 dollars per annum, over and above any rent reserved, 
 or the interest of any incumbrances thereon, being 
 an estate in fee simple, fee tail, for the hfe of any 
 person, or an estate in reversion of remainder, which 
 qualifies no other person to vote, the conveyance of 
 which estate, if by deed, shall have been recorded at 
 least ninety days, shall hereafter have a right to vote 
 at the election of all civil officers, and on all ques- 
 tions in all legal town or ward meetings, so long as 
 he continues so quahfied. And if any person herein- 
 before described shall own any such estate within 
 this State, out of the town or city in which he resides, 
 he shall have a right to vote in the election of all 
 general officers and members of the General Assem- 
 bly, in the town or city in which he shall have had 
 his residence and home for the term of six months 
 next preceding the election, upon producing a certifi- 
 cate from the clerk of the town or city in which his 
 estate lies, bearing date within ten days of the time 
 of his voting, setting forth that such person has a 
 sufficient estate therein to qualify him as a voter, and 
 that the deed, if any, has been recorded ninety days. 
 R. Z, 474. 
 
 — ^Every male citizen of the United States, of the age 
 of twenty-one years, who has had his residence and 
 home in this State two years, and in the town or city 
 in which he may offer to vote six months next pre- 
 
 ceding the time of voting, whose name is registered 
 pursuant to the act calling the Convention to frame 
 this Constitution, or shall be registered in the office of 
 the clerk of such town or city, at least seven days 
 before the time he shall offer to vote, and before the 
 last day of December in the present year ; and who 
 has paid or shall pay a tax or taxes, assessed upon 
 his estate within this State, and within a year of the 
 time of voting to the amount of one dollar, or who 
 shall voluntarily pay, at least seven days before the 
 time he shall offer to vote, and before the said last 
 day of December, to the Clerk or Treasurer of the 
 town or city where he resides, the sum of one dollar, 
 or such sums as, with his other taxes, shall amount 
 to one dollar, for the support of public schools therein, 
 and shall make proof of the same, by the certificate 
 of the Clerk, Treasurer, or Collector of any town or 
 city where such payment is made ; or who, being so 
 registered, has been enrolled in any mihtary company 
 in this State, and done military service or duty therein, 
 within the present year, pursuant to law, and shall 
 (until other proof is required by law), prove by the 
 certificate of the officer legally commanding the regi- 
 ment, or chartered, or legally authorized, or volunteer 
 company, in which he may have served or done duty, 
 that he has been equipped and done duty according 
 to law, or by the certificate of the commissioners 
 upon military claims, that he has performed mihtary 
 service, shall have a right to vote in the election of 
 all civil officers, and on all questions in legally organ- 
 ized town or ward meetings, until the end of the first 
 year after the adoption of this Constitution, or until 
 the end of the year eighteen hundred and forty- 
 three. R. I., 4:74:. 
 
 — But no compulsory process shall issue for the col- 
 lection of any registry tax ; Provided, That the registry 
 tax of every person who has performed mihtary duty 
 according to the provisions of the preceding section, 
 shall be remitted for the year he shall perform such 
 duty ; and the registry tax assessed upon any mari- 
 ner, for any year while he is at sea, shall, upon his 
 appUcation, be remitted ; and no person shall be 
 allowed to vote whose registry tax for either of the 
 two years next preceding the time of voting is not 
 paid or remitted, as herein provided. R. I., 475. 
 — And have paid all taxes which may have been 
 required of them, and which they have had an oppor- 
 tunity of paying agreeable to law, for the year pre- 
 ceding the election. Oa., 149. 
 — ^No property qualification shall be necessary to the 
 holding of any office in this State, except the office 
 of Senator in the General Assembly, and the office of 
 Assessor, Inquisitor on lands, and levy Court Com- 
 missioner, and except such offices as the General 
 Assembly shall by law designate. Del., 125. 
 — No property qualification for eligibility to office, or 
 for the right of suffrage, shall ever be required by law 
 in this State. Miss., 335. 
 
 — No possession of a freehold, or of any other estate, 
 shall be required as a qualification for holding a seat 
 in either branch of the General Court, or in the Ex- 
 ecutive Council. Mass., 297. 
 
 \FVeehold qualifications,'] N. Y., (1777), 27, 28- 
 (1821), 37 ; (abolished in 182G, p. 45). Formerly in 
 Ot, $7, annually 111; JVi £,402; N. C, 50 acres, 
 424. 
 
 —[Property qualification without regard to color.! 
 N. r., (1777), 27. 
 
 — [Residence in State at time of adoption of Consti- 
 tution, gives right to vote.] Mich., 307. 
 — And within two years paid a, State or county tax, 
 which shall have been assessed at least ten days before 
 theelection, shall enjoy the rights of an elector. But 
 a citizen of the United States, who had previously 
 been a qualified voter of this State, and removed 
 therefrom and returned, and who shall have resided 
 in the election district, and paid taxes as aforesaid, 
 shall be entitled to vote, after residing in the State 
 six months; Provided, That white freemen, citizens 
 of the United States, between the ages of twenty- 
 one and twenty-two years, and having resided in the 
 State one year, and in the election district ten days 
 
33 
 
 as aforesaid, shall be entitled to vote, although they 
 shall not have paid taxes. Pa., 446. 
 — White male citizens of Mexico at time of treaty of 
 1848, who have elected to become citizens of the 
 United States, declared electors. Cal., 97. 
 — That all elections ought to be free, and without 
 corruption, and that all freemen, having a sufficient 
 evident common interest with and attachment to the 
 community, have a right to elect and be elected to 
 office agreeably to the regulations made in this Con- 
 stitution. Vt., 521. 
 
 — Must be taxpayers two years. Del., 120; within 
 two years, Pa., 454; not specific, Oa., 149; Mass., 
 294 ; N. a, 424. 
 
 — No property qualification for eligibility to office, or 
 for the right of suffrage, shall ever be required in this 
 State. Fl, 129. 
 
 — That the right of the people to participate in the 
 Legislature is the best security of Hberty and the 
 foundation of all free government; for this purpose 
 elections ought to be free and frequent, and every 
 free white male citizen having the qualifications pre- 
 scribed by the Constitution, ought to have the right 
 of suffi^age. Md., 254. 
 
 — No person shall be eligible to any civil office, (ex- 
 cept the office of school committee), unless he be a 
 qualified elector for such office. M. /., 479. 
 — From and after that time, every such citizen, who 
 has had the residence herein required, and whose 
 name shall be registered in the town where he resides, 
 on or before the last day of December in the year 
 next preceding the time of his voting, and who shall 
 show by legal proof that he has for and within the 
 year next preceding the time he shall offer to vote, 
 paid a tax or taxes assessed against him in any town 
 or city in this State, to the amount of one dollar ; or 
 that he has beSn enrolled in a military company in 
 this State, been equipped and done duty therein, 
 according to law, and at least for one day during such 
 year, shall have a right to vote in the election of aU 
 civil officers, and on all questions in all legally organ- 
 ized town or ward meetings. R. I., 475. 
 — All persons who have been or shall hereafter, 
 previous to the ratification of this Constitution, be 
 admitted freemen, according to the existing laws of 
 this State, shall be electors. Ct, 111. 
 — Every white male citizen of the United States, and 
 every white male person of foreign birth who may 
 have declared his intention to become a citizen of the 
 United States, according to law, not less than one 
 year nor more than five years before he offers to vote, 
 who is over the age of twenty-one years, who is not 
 disqualified by or under any of the provisions of this 
 Constitution, and who shall have complied with its 
 requirements, and have resided in this State one year 
 next preceding any election, or next preceding his 
 registration as voter, and during the last sixty days 
 of that period shall have resided in the county, city, 
 or town where he offers to vote, or seeks registration 
 as a voter, shall be entitled to vote at such election, 
 for all officers, State, county, or municipal, made 
 elective by the people, but he shall not vote else- 
 where than in the Mo., 350. 
 
 — And the inhabitants of plantations unincorporated, 
 qualified as this Constitution provides, who are or 
 shall be empowered and required to assess taxes upon 
 themselves toward the support of government, shall 
 have the same privilege of voting for Councillors and 
 Senators, in the plantations where they reside, as 
 town inhabitants have in their respective towns; and 
 the plantation meetings for that purpose shall be held 
 annually, [on the same first Monday in April], at such 
 place in the plantations respectively, as the Assessors 
 thereof shall direct : which Assessors shall have like 
 authority for notifying the electors, collecting and 
 returning the votes, as the Selectmen and Town 
 Clerks have in their several towns, by this Constitu- 
 tion. And all other persons living in places unincor- 
 porated (qualified as aforesaid), who shall be assessed 
 to the support of government by the Assessors of an 
 adjacent town, shall have the privilege of giving in 
 their votes for Councillors and Senators in the town 
 9 
 
 where they shall be assessed, and be notified of the 
 place of meeting by the selectmen of the town where 
 they shall be assessed, for that purpose, accordingly. 
 Muss., 284. 
 
 — The quaUfications of voters and the limitation of 
 the elective franchise, may be determined by the 
 General Assembly, which shall first assemble under 
 the amended Constitution. Tenn., 504. 
 — The General Assembly shall have power to regulate 
 by law, not inconsistent with this Constitution, all 
 matters which relate to the Judges of Election, time, 
 place and manner of holding elections in this State, 
 and of making returns thereof. Md., 256. 
 — The Selectmen and Town Clerk of the several 
 towns shall decide on the qualifications of electors, at 
 such times and in such manner as may be prescribed 
 by law. Ct, 112. 
 
 — [Militia service formerly a qualification of electors 
 for Assembly.] N. T. (1821), 37; Ct, 112. 
 — [Electors required to take an oath of allegiance.] 
 N. Y., (1777), 27; Ct, 112, 115; Md., 256; Mo., 349, 
 350 ; Va., 534. 
 
 — Every man of the full age of twenty-one years, 
 having resided in the State for the space of one whole 
 year next before the election of Representatives, and 
 is of a quiet and peaceful behavior, and will take the 
 following oath or affirmation, shall be entitled to all 
 the privileges of a freeman of this State : " You 
 solemnly swear (or affirm) that whenever you give 
 your vote or suffrage, touching any matter that con- 
 cerns the State of Vermont, you will do it so as in 
 your conscience you shall judge will most conduce to 
 the best good of the same, as established by the Con- 
 stitution, without fear or favor of any man." Vt, 525. 
 
 PROVISIONS CONCERNING COLORED PER- 
 SONS AND INDIANS. 
 
 — ^No free negro, free mulatto, or free person of 
 mixed blood, descended from negro ancestors to the 
 fourth generation inclusive (though one ancestor of 
 each generation may have been a white person), 
 shall vote for members of the Senate or House of 
 Commons. N. C, 428. 
 
 — Provided, That nothing herein contained shall be 
 construed to prevent the Legislature, by a two-thirds 
 concurrent vote, from admitting to the right of suf- 
 frage Indians or the descendants of Indians, in such 
 special cases as such a proportion of the legislative 
 body may deem just and proper. Cat, 97. 
 — [Indians not taxed, excluded from voting.] Mo., 
 240 ; Tenn., 507. 
 
 — [Narraganset Indians excluded from voting.] B. I., 
 475. 
 
 — Civihzed persons of Indian descent and not belong- 
 ing to any tribe, may vote. Mich., 308 ; Wis., 562. 
 — Persons of mixed white and Indian blood who 
 have adopted the customs and habits of civilization, 
 may vote. Min., 325. 
 
 — Persons of Indian blood residing in this State, who 
 have adopted the language, customs and habits of 
 civilization, after an examination before any District 
 Court of the State, in such manner as may be pro- 
 vided by law, and shall have been pronounced by 
 said court capable of enjoying the rights of citizen- 
 ship within the State. Min., 325. 
 — Persons of Indian blood who have once been de- 
 clared by law of Congress to be citizens of the United 
 States, any subsequent law of Congress to the con- 
 trary notwithstanding. Wis., 562. 
 — Colored persons expressly excluded from voting. 
 Ind., 171 ; Or., 449; Tex., 507. 
 
 — Excluded from elections by the word "white." 
 Ala., 82; Ark, 85; Cal, 97; Ct, 111,115; Del, 120, 
 Fl, 135 ; Ga., 149 ; IK, 162 ; Ind., 171 ; Iowa, 184 ; 
 Kan., 201 ; Ky., 215 ; La., 227 ; JV! /., 413 ; Me., 240 ; 
 Md., 256; Mich., 307; Min., 325; Mo., 350; Neh., 
 371 ; Nev., 380 ; Ohio, 438 ; Or., 448 ; Pa., 464; S. C, 
 486; Tenn., 495; Va., 533; W. Va., 347. 
 — The word "white," not used. Mass., 281; N. H., 
 403; i?.Z, 474; V?., 525. 
 
34 
 
 — Freemen are voters, and the word "white" not 
 used. N. a, 424. 
 
 — Legislature may provide for election of such other 
 persons, citizens of United States, as by military ser- 
 vice, by taxation to support the Government, or by 
 intellectual fitness, may be deemed entitled thereto. 
 Za., 227. 
 
 — [Freemen of color excused from mihtary duty, and 
 from poll tax.] Tenn., 495. 
 
 — That no person shall be disqualified from voting in 
 any election on account of color, who is now, by the 
 laws of this State, a compelent witness in a court of 
 justice against a white man. All free men of color 
 shall be exempt from military duty in time of peace, 
 and also from paying a free poll tax. Tenn., 495. 
 — [The word " white," stricken out.] Wis., 561. 
 — [Proposition pending to strike out " white."] Kan. 
 
 LITERARY QUALIFICATIONS OF VOTERS. 
 
 — Every person shall be able to r^ad any article of 
 the Constitution, or any section of the statutes of this 
 State, before being admitted as an elector. Ct., 115. 
 — No person shall have the right to vote, or be eligible 
 to office under the Constitution of this Common- 
 wealth, who shall not be able to read the Constitu- 
 tion in the English language and write his name: 
 Provided, however, That the provisions of this amend- 
 ment .shall not apply to any person prevented by a 
 physical disability from complying with its requisi- 
 tions, nor to any person who now has the right to 
 vote, nor to any person who shall be sixty years of 
 age or upwards at the time this amendment shall 
 take effect. Mass., 222. 
 
 — After the first day of January, one thousand eight 
 hundred and seventy-six, every person who was not 
 a qualified voter prior to that time shall, in addition 
 to the other qualifications required, be able to read 
 and write in order to become a qualified voter; un- 
 less his inability to read or write shall be the result 
 of a physical disabihty. Mo., 351. 
 
 SOLDIERS' VOTE. 
 
 — The right of suffrage shall be enjoyed by all per- 
 sons otherwise entitled to the same, who may be in 
 the military or naval service of the United States ; 
 Provided, The votes so cast shall be made to apply to 
 the county and township of which said voters were 
 bona fide residents at the time of their enlistment ; 
 Provided, further. That the payment of a poll tax, or 
 a registration of such voters shall not be required as a 
 condition to the right of voting. Provision shall be 
 made by law regulating the manner of voting, hold- 
 ing elections, and making returns of such elections, 
 wherein other provisions are not contained in this 
 Constitution. Nev., 380. 
 
 — Any qualified voter who may be absent from the 
 place of his residence, by reason of being in the vol- 
 unteer army of the United States, or in the mihtia 
 force of this State, in the service thereof, or of the 
 United States, whether within or without the State ; 
 shall, without registration, be entitled to vote in any 
 election occurring during such absence. The votes 
 of all such persons, wherever they may be, may be 
 taken on the day fixed by law for such election, or 
 on any day or days within twenty days next prior 
 thereto; and the General Assembly shall provide by 
 law for the taking, return and counting of such votes. 
 Every such person shall take the same oath that all 
 other voters may be required to take in order to vote. 
 Mo., 351. 
 
 Whenever any of the qualified electors of this 
 Commonwealth, shall be in any actual military ser- 
 vice, under a requisition from the President of the 
 United States, or by the authority of this Common- 
 wealth, such electors may exercise the right of 
 suffrage in all elections by the citizens, under such 
 
 regulations as are, or shall be prescribed by law, aa 
 fully as if they were present at their usual place of 
 election. Pa., 472. 
 
 [Entitled to vote in district where he resides.] Or 
 in case of volunteer soldiers, within their several 
 military departments or districts. Ark., 85. 
 
 [Regulation for soldiers' vote similar to that of 
 New York.] Ci!., 115 ; Mc7i., 308. 
 
 [Special and minute provision for soldiers' vote.] 
 Md,., 278. 
 
 — OSicers and privates in army, and marines of the 
 navy of United States, and seamen, excluded from 
 voting. S. C, 486. 
 
 — The provisions of this ordinance in regard to the 
 soldiers' vote shall apply to future elections under this 
 Constitution, and be in full force until the Legislature 
 shall provide by law for taking the votes of citizens 
 of said Territory in the army of the United States. 
 Nev., 398. 
 
 — The General Assembly shsll also provide by law 
 for taking the votes of soldiers in the army of the 
 United States serving in the field. Md., 256. 
 — Every elector of this State who shall be in the 
 military service of the United States, either as a 
 drafted person or volunteer, during the present rebel- 
 lion, shall, when absent from this State, because of 
 such service, have the same right to vote in any 
 election of State officers. Representatives in Congress, 
 and electors of President and Vice-President of the 
 United States, as he would have if present at the 
 time appointed for such election, in the town 
 in which he resided at the time of his enlistment into 
 such service. This provision shall in no case extend 
 to persons in the regular army of the United States, 
 and shall cease, and become inoperative and void, 
 upon the termination of the present war. The Gen- 
 eral Assembly shall prescribe by law, in what man- 
 ner and in what time the votes of electors absent 
 from this State in the military service of the United 
 States, shall be received, counted, returned and can- 
 vassed. Ct, 115. 
 
 — For the purpose of taking the vote of the electors 
 of said Territory who may be in the army of the 
 United States, the Adjutant-General of said Territory 
 shall, on or before the fifth day" of August next fol- 
 lowing, make out a list in alphabetical order, and 
 deliver the same to the Governor, of the names of all 
 the electors, residents of said Territory, who shall be 
 in the army of the United States, stating the number 
 of the regiment, battalion, squadron or battery to 
 which he belongs, and also the county or township 
 of his residence in the said Territory. Nev., 397. 
 — No soldier, seaman, or marine, in the army or navy 
 of the United States, or of their allies, shall be deemed 
 to have acquired a residence in the State in conse- 
 quence of being stationed within the same ; nor shall 
 any soldier, seaman, or marine have the right to vote. 
 Kan., 202. 
 
 — No soldier, seaman or marine, in the army_or navy 
 of the United States, shall be deemed a resident of 
 this State, in consequence of being stationed at any 
 military or naval place within the State. Ala.. 82- 
 Arh., 85 ; 111, 162 ; (nearly similar), Del, 120 ;' PL 
 135; III, 162; Ind., 174; Iowa, 184; Me., 2^0; 
 Mich., 308; Min., 326; N. J., 413 ; Ohio, 438 ; Or\ 
 449 ; Var., 534 ; W. Va., 546 ; Wis., 462. 
 — No officer, soldier, or marine, in the regular army 
 or navy of the United States, shall be entitled to vote 
 at any election in this State \Miss., 350], and no 
 soldier, sailor, or marine in the army or navy of the 
 United States shall be entitled to vote at any election 
 created by this Constitution. Tex., 507. 
 —Any other person in the employ or pay of the 
 United States, unless he be a qualified elector of the 
 State previous to his appointment or enlistment as 
 such officer, soldier, seaman or marine, in the regular 
 army or navy of the United States, or of the revenue 
 service, shall be considered a resident in the State in 
 consequence of being stationed within the same. 
 Fl, 135. 
 
 — Electors of this State, who, in time of war, are 
 absent from the State, in the actual military service 
 
35 
 
 1 S 2. Laws may be passed excluding from the right of suffrage all persons 
 
 2 who have been or may bo convicted of (') bribery, Q larceny, or of any infa- 
 
 3 mous crime; and for depriving every person who shall make, or become 
 
 4 directly or indirectly interested in any bet or wager, depending upon the 
 
 5 result of any election, from the right to vote at such election. (') 
 
 of the United States, being otlierwise qualified, shall 
 have a right to vote in all elections in the State for 
 electors of President and Vice President of the United 
 States, Representatives in Congress, and general offi- 
 cers of the State. The General Assembly shall 
 have full power to provide by law for carrying this 
 article into effect; and until such provision shall be 
 made by law, every such absent elector on the day 
 of such elections, may deliver a written or printed 
 ballot, with the names of the persons voted for 
 thereon, and his christian and surname, and his vot- 
 ing residence in the State, written at length on the 
 back thereof, to the officer commanding the regiment 
 or company to which he belongs ; and all such ballots, 
 certified by such commanding officer to have been 
 given by the elector whose name is written thereon, 
 and returned by such commanding officer to the Sec- 
 retary of State within the time prescribed by law 
 for counting the votes in such elections, shall be 
 received and counted with the same effect as if given 
 by such elector in open town, ward or district meet- 
 ing; and the clerk of each town or city, until other- 
 vyise provided by law, shall, within five days after 
 any such election, transmit to the Secretary of State 
 a certified list of the names of all such electors on 
 their respective voting lists. R. I., 481. 
 — But persons in the military, naval, or marine ser- 
 vice of the United States, or this State, shall not be 
 considered as having obtained such established resi- 
 dence by being stationed in any garrison, barrack, or 
 military place in any town or plantation. Me., 240. 
 — No person in the military naval, or. marine service 
 of the United States shall be deemed a resident of 
 this State by reason of being stationed therein ; but 
 citizens of this State, when in the military service of 
 the United States, shall be permitted to vote under 
 such regulations as may be prescribed by the General 
 Assembly, wherever they may be stationed, the same 
 as if they were within their respective cities, counties 
 or districts. No person ghall have the right to vote 
 who is of unsound mind or a pauper, or who has 
 been convicted of a bribery in an election, or of any 
 infamous offense. Va., 534. 
 
 EXCLUSION FROM THE RIGHT OP SUF- 
 PRAGB. 
 
 [Idiots excluded.] Del, 120; Iowa, 184; Kan., 
 202; Md., 256; Min., 326; A%v., 380; iV:^, 413; 
 Ohio, 438; Or., 449; R. I., 475; Wis., 562. 
 
 [Lunatics excluded.] Del, 120 ; Iowa, 180 ; Kan., 
 202; Md., 256; Min., 326; Nev., 381; N. J., 413; 
 Ohio, 438; Or., 449; B. I., 475; W. Va., 547; Wis., 
 562. 
 
 [Paupers excluded.] K Y., (1821), 37; Cal, 97; 
 La, 227; Me., 24.0; J/ass., 294; N. JI., i03 ; N. J., 
 413 ; R. I., 475 ; S. C, 486 ; W. Va., 547. 
 
 [Persons under guardianship excluded.] Kan., 
 202 ; Me., 240 ; Mass., 294 ; Min., 326 ; Wis., 562. 
 
 [Persons under interdiction excluded.] La., 227. 
 
 [Persons excused from paying taxes at their own 
 request.] JV. R, 4.05. 
 
 [Prisoners excluded.] Cal, 97. 
 
 [Chinamen excluded.] Or., 449. 
 
 Persons residing on lands ceded by this State to 
 
 the United States, shall not be entitled to exercise 
 the privileges of electors. R. L, 475. 
 
 — If any person shall give, or offer to give, directly 
 or indirectly, or hath given or offered to give, since 
 the fourth day of July, eighteen hundred and fifty- 
 one, any bribe, present, or reward, or any promise, or 
 any security for the payment or delivery of money 
 or any other thing, to induce any voter to refrain 
 from casting his vote, or forcibly to prevent him in 
 any way from voting, or to procure a vote for any 
 candidate or person, proposed or voted for as elector 
 of President and Vice-President of the United States, 
 or Representative in Congress, or for any office of 
 profit or trust created by the Constitution or laws 
 of this State, or by the ordinances or authority of the 
 Mayor and City Council of Baltimore, the person 
 giving or offering to give, and the persons receiving 
 the same, and any person who gives or causes to be 
 given an illegal vote, knowing it to be such, at any 
 election to be hereafter held in this State, or who 
 shall be guilty of or accessory to any fraud, force, 
 surprise, or bribery to procure himself or any other 
 person to be nominated to any office, national. State, 
 or municipal, shall, on conviction in a court of law, 
 in addition to the penalties now or hereafter to bo 
 imposed by law, be forever disqualified to hold any 
 office of profit or trust, or to vote at any election 
 thereafter. Md., 257. 
 
 — But the foregoing provisions in relation to acts done 
 against the United States shall not apply to any per- 
 son not a citizen thereof, who shall have committed 
 such acts while in the service of some foreign country 
 at war with the United States, and who has, since 
 such acts, been naturalized, or may hereafter be nat- 
 uralized, under the laws of the United States, and 
 the oath of loyalty hereinafter prescribed, when taken 
 by any such person, shall be considered as taken in 
 such sense. Mo., 349. 
 
 — Whoever shall be convicted of having directly or 
 indirectly, given or offered any bribe, to procure his 
 election or appointment to any office, shall be dis- 
 qualified for any office of honor, trust or profit under 
 this State; and whoever shall give or offer any bribe 
 to procure the election or appointment of any other 
 person to any office, shall, on conviction thereof, be 
 disqualified for a voter, or any office of honor, trust 
 or profit under this State, for ten years after such 
 conviction. Mo., 350. 
 
 — The Legislature may pass laws to deprive persons 
 of the right of suffrage who shall be convicted of 
 bribery at elections. N. J., 413 ; W. Va., 547. 
 — Every person shall be disqualified from holding 
 office, during the term for which he may have been 
 elected, who shall have given or offered a bribe, 
 threat, or reward, to procure his election. [Or., 449; 
 Cal, 104 ; Kan., 202 ; Tex., 515.] Or procured any 
 other person to offer a bribe. Arh, 86; B. L, 479. 
 — Every person shall be disquahfied from serving as 
 Governor, Senator, Representative, or from holding 
 any other office of honor or profit in this State, for 
 the term for which he shall have been elected, who 
 shall have been convicted of having given or offered 
 any bribe to procure his election. Ala., 81 ; Fl, 136. 
 — Or has ever, with a view to avoid enrollment in 
 the militia of this State, or to escape the performance 
 of duty therein. Mo., 348. 
 
 — Or, having ever voted at any election by the people 
 in this State, or in any other of the United States, 
 or in any of their Territories, or held office in this 
 State, or in any other of the United States, or in any 
 of their Territories, or under the United States, shaU. 
 
36 
 
 thereafter have sought or received, under claim of 
 alienage, the protection of any foreign government, 
 through any consul or other officer thereof, in order 
 to secure exemption from military duty in the militia 
 of this State, or in the army of the United States. 
 Mo., 349. 
 
 — And no person shall ever be admitted to hold a 
 seat in the Legislature, or any office of trust or im- 
 portance under the government of this Common- 
 wealth, who shall, in the due course of law, have 
 been convicted of bribery or corruption, in obtaining 
 an election or appointment. Mass., 242. 
 — No person shall ever be admitted to hold a seat in 
 the Legislature, or any office of trust or importance 
 under this government, who in the due course of 
 law, has been convicted of bribery or corruption in 
 obtaining an election or appointment. N. H., 410. 
 — All elections, whether by the people, or the Legis- 
 lature, shall be free and voluntary ; and any elector, 
 who shall receive any gift or reward, for his vote, in 
 meat, drinks, moneys, or otherwise, shall forfeit his 
 right to elect at that time, and suffer such other pen- 
 alty as the law shall direct; and any person who shall 
 directly or indirectly give, promise, or bestow any 
 such reward to be elected, shall thereby be rendered 
 incapable to serve for the ensuing year, and be sub- 
 ject to such further punishment as a future Legislature 
 may direct. Vt., 526. 
 
 — Any person who shall be convicted of the embez- 
 zlement or defalcation of the public funds of this 
 State, or who may be convicted of having given or 
 offered a bribe to secure his election or appointment 
 to office, or received a bribe to aid in the procure- 
 ment of office for any other person, shall be disqual- 
 ified from holding any office of profit or trust in this 
 State ; and the Legislature shall, as soon as practica- 
 ble, provide by law for the punishment of such 
 defalcation, bribery, or embezzlement, as a felony. 
 Nev., 582. 
 
 — No person who may hereafter be a collector or 
 holder of public money shall be eligible to any office 
 of trust or profit until he shall have accounted for and 
 paid over according to law, all sums for which he may 
 be liable. Ga., 143; JraA, 172 ; MA, 303 ; Or., 449. 
 — No^ person who may have collected, or been in- 
 trusted with public money, whether State, bounty, 
 township, or municipal, shall be eligible to the Legis- 
 lature, or to any office of honor, trust or profit, until 
 he shall have duly accounted for and paid over such 
 money according to law. Fl., 136; Iowa, 186; Mo., 
 353; N. C, 425; OMo, 433 ; Tenn., 494 ;' Tea;., 509 ; 
 W. Va., 550. 
 
 — Any elector who shall receive any gift or reward 
 for his vote, in meat, drink, money, or oiherwise, 
 shall suffer such punishment as the laws shall direct. 
 And any person who shall directly or indirectly give, 
 promise, or bestow any such reward to be elected, 
 shall thereby be rendered incapable, for six years, to 
 serve in the office for which he was elected, and be 
 subject to such further punishment as the Legislature 
 shall direct. Term.., 498. 
 
 --Or person convicted of a crime which now excludes 
 him from being a witness, unless pardoned or restored 
 by law to the right of suffrage, shall enjoy the right 
 of an elector. N. J., 413. 
 
 — No person who, since the first day of June, 1861, 
 has given or shall give voluntary aid or assistance to 
 the rebellion against the United States, shall be a 
 citizen of this State, or be allowed to vote at any 
 election held therem, unless he has volunteered into 
 the military or naval services of the United States, 
 and has been or shall be honorably discharged there- 
 from. W, Va., 548. 
 
 — Every person who shall give or accept a challenge 
 to fight a duel, or shall knowingly carry to another 
 person such challenge, or who shall agree to go out 
 of the State to fight a duel, shall be ineligible to any 
 office of trust or profit. Arh., 93 ; Ind., 171 ; Nev.., 
 392; Or.,U9; Ct, 112; Kan., 202; On, 449; Va., 
 537 ; W. Va., 548 ; Wis., 570. 
 
 — Any inhabitant who may hereafter be engaged in 
 a duel, either as principal or accessory before the fact, 
 shall be disqualified from holding any office under the 
 Constitution and laws of this State, and shall not be 
 permitted to vote at any election. Mich., 308. 
 
 [Rigid exclusion of those who have participated in 
 the rebellion.] Md., 256; Mo., 348; Nev., 380. 
 
 [Amnesty of President required in case a person 
 has served in Rebel army.] Nev., 380. 
 
 ("Service in the United States army restores those 
 who had lost their franchise by rebellion.] Mo., 350. 
 
 [Bribery specified as cause of disqualification.] 
 Ala., 82; Ci., 112; Fl, 135; La., 233; Mis.^.. 342; 
 Mo., 352; Ohio, 438; B. L, 475; Wis., 562, and 
 some others. 
 
 (Forgery specified.] Ala., 82 ; Cal, 104 ; Ci. 112 ; 
 Fl, 136. 
 
 Traudulent bankruptcy. I Ct., 112. 
 Felony.] Del, 121 ; Miss., 325 ; W. Va., 547, &c. 
 Larceny.] Wis., 561. [Theft.] Ct, 112. 
 Perjury.] Ala., 82 ; Ct., 112; Fl, 135 ; lU., 154; 
 La., 233 ; Mo., 352 : Ohio, 438, &c. 
 
 [Treason,] La., 233; Min., 326; Nev., 380; F 
 Va., 547 ; Wis., 527. 
 
 [Treason or felony committed in any State.] Nev 
 380. 
 
 [Crimes punished by imprisonment in penitentiary.! 
 Or., 447. 
 
 [Crimes punishable by hard labor.] La., 227. 
 
 ["Other high crimes," and "infamous crimes."] 
 Ala., 82; Cal, 97, 104; Ct, \12; Fl, 135; lU., 162; 
 Iowa, 184 ; Kan., 202; Min., 322 ; Mo., 352 ; Ohio, 
 438 ; R. I., 475 ; Tenn., 495 ; Wis., 562. 
 
 [Rights lost as above may be restored.] Oa., 143 • 
 Kan., 202 ; Md., 256 ; Miss., 326 ; R. L, 475 ; Wis., 
 526, &c. . . , , 
 
 [Exclusion on account of crimes, applied to those 
 over 21 years of age.] Md., 256. 
 — The Legislature may impose the forfeiture of the 
 right of suffrage as a punishment for crime. Del. 
 120; III, 162. ' 
 
 PRIVILEGES OP ELECTORS. 
 
 — No elector shall be obliged to do militia duty on 
 the day of election, except in time of war or public 
 danger, or attend court as a suitor or witness, \Mich., 
 308], nor work on the public roads, [ Va 545 • W. 
 Va., 548; Cal, 97; III, 162; Iowa, \U; Me., 241; 
 Miss., 336 ; Or., 449 ;] nor serve as a juror. Va., 534. 
 —Every elector, in all cases, except treason, felony 
 or breach of the peace, shall be privileged from arrest 
 durmg his attendance at election, and in going to 
 and returnmg from the same. Ala., 82- Cat 97- 
 foo' ^^^' i^h ^^'^' ^""""^ 184; Ind., 172; Kan!, 
 M'o¥r^n^^'^S-J 227; Me. 24.1 Mid, 308 
 
 Yui' ^r}' ^^^l°-'^^^i.°''-' **9; -P°-. 464;'yen». 
 495 ; Tex., 507 ; Va., o45. 
 
 — Privilege from summons. Tenn., 495. 
 
 —Privilege from service of civil process. Ct, 112 ; 
 
 iVbf., 381; Fa., 534; W! Fa., 548; ifm., 326. 
 
37 
 
 1 S3. For the purpose of voting, no person shall be deemed to have gained 
 
 2 or lost a residence, by reason of his presence or absence, while employed in 
 
 3 the service of the United States ; (') nor while engaged in the navigation of 
 
 4 the waters of this State, or of the United States, or of the high seas ; f ) nor 
 
 5 while a student of any seminary of learning ; nor while kept at any alms 
 
 6 house, or other asylum, at public expense ; nor while confined in any public 
 
 7 prison.(') 
 
 (1). in., 162 ; Md., 171 : R. I., 415 : Wis., 562. 
 (2). Cal, 97. 
 
 (3). Cal, 97; Mich., 308; Min., 326; Mo., 351; 
 Nev., 381 ; Or., 449 ; &c. 
 
 RESIDENCE OF ELECTORS. 
 
 — All civil officers for the State at large shall be 
 voters of and reside vcithin the State; and all district 
 or parish officers shall be voters of and reside v^ithin 
 their respective districts or parishes, and shall keep 
 their offices at suoh places therein as may be required 
 by law. La., 233. 
 
 — No person shall be entitled to vote at any election 
 held in this State except in the parish of his resi- 
 dence, and in cities and towns divided into election 
 precincts, in the election precinct in which he resides. 
 La., 227 ; Md., 256. 
 
 — No voter, on removing from one parish to another 
 within the State, shall lose the right of voting in the 
 former until he shall have acquired it in the latter. 
 La., 227. 
 
 — But a person who shall have acquired a residence 
 in such county or city entitling him to vote at any 
 such election, shall be entitled to vote in the election 
 district from which he removed, until he shall have 
 acquired a residence in the part of the county or 
 city to which he has removed. Md., 256. 
 — All persons residing upon Indian lands within any 
 county of the State, and qualified to exercise the 
 right of suffrage under this Constitution, shall be 
 entitled to vote at the polls which may be held 
 nearest their residence, for State, United States, or 
 county officers : Provided, That no person shall vote 
 for county officers out of the county in which he 
 resides. Wis., 571. 
 
 — All qualified electors shall vote in the election pre- 
 cinct in the county where they may reside, for county 
 officers, and in any county in the State for State offi- 
 cers, or in any county of a congressional district in 
 which such electors may reside, for members of Con- 
 gress. Or., 449. 
 
 [Electors allowed to vote for State officers, any- 
 where in the State.] Tex., 507. 
 — That any one entitled to vote in this State in the 
 county where he resides, may vote for the adoption 
 or rejection of this constitution in any county in this 
 State. Arh., 85. 
 
 — And every person, qualified as the constitution pro- 
 vides, shall be considered as an inhabitant for the pur- 
 pose of electing and being elected into any office or 
 place within this State, in the town, parish or planta- 
 tion where he dwelleth and hath his home. N. H., 
 403. 
 
 — ^AU persons qualified to vote in the election of Sen- 
 ators shall be entitled to vote within the district 
 where they dwell, in the choice of Representatives. 
 N. K, 402. 
 
 — ^Nor shall the residence of a student at any Semi- 
 nary of learning, entitle him to the right of suffrage 
 in the town or plantation where such seminary is 
 established. Me., 240. 
 
 — And any such qualified elector, who may happen 
 to be in any county, city or town other than that of 
 his residence at the time of an election, or who shall 
 have moved to any county, city, or town within four 
 months preceding the election, from any county, city, 
 or town in which he would have been a qualified 
 elector had he not so removed, may vote for any State 
 or district officer, or member of Congress, for whom 
 he could have voted in the county of his residence, 
 or the county, city or town from which he may have 
 so removed. Miss., 336. 
 
 — And to remove all doubts concerning the mean- 
 ing of the word " inhabitant," in this Constitution, 
 every person shall be considered as an inhabitant, for 
 the purpose of electing and being elected into any 
 office or place within this State, in that town, dis- 
 trict or plantation where he dwelleth or hath hia 
 home. Mass., 284. 
 
 — It shall be the duty of the General Assembly to 
 pass laws to punish with fine and imprisonment any 
 person who shall remove into any election district or 
 precinct of any ward of the city of Baltimore, not 
 for the purpose of acquiring a lona fide residence 
 therein, but for the purpose of voting at an approach- 
 ing election, or who shall vote in any election district 
 or ward in which he does not reside (except in the 
 case provided for in this article), or shall at the same 
 election vote in more than one election district, or 
 precinct, or shall vote or offer to vote in any name 
 not his own, or in place of any other person of the 
 same name, or shall vote in any county in which he 
 does not reside. Md., 258. 
 
 [Provision relating to students similar to N. T.] 
 Me., 240. 
 
 [Absence on business of State not a disqualifica- 
 tion.] Cal, 105 ; Ind., 171 ; Wii., 562. 
 — Temporary absence from the State shall not cause 
 a forfeiture of residence once obtained. Ala., 94. 
 — Absence on business of this State, or of the United 
 States, or on a visit, or necessary private business, 
 shall not cause a forfeiture of a residence once 
 obtained. Arh., 93 ; Mi^s., 343. 
 — Absence on the business of this State, or of the 
 United States, shall not forfeit a residence once ob- 
 tained, so as to deprive any one of the right of 
 suffrage, or of being elected or appointed to any 
 office, under the exceptions contained in this Consti- 
 tution. Ky., 220; Tex., 515. 
 
 10 
 
38 
 
 1 § 4. Laws shall be made for ascertaining by proper proofs the citizens who 
 
 2 shall be entitled to the right of suffrage hereby established. (') 
 
 (1). N. Y., (1777), 37 ; Kan., 202. 
 
 EBGISTRT OF VOTERS— REGISTRATION OF 
 BIRTHS, MARRIAGES AND DEATHS. 
 
 — The Legislature may provide for a registry of 
 voters. They shall prescribe the manner of conduct- 
 ing and making returns of elections, and of determin- 
 ing contested elections; and shall pass such laws as 
 may be necessary and proper to prevent intimidation, 
 disorder or violence at the polls, and corruption or 
 fraud in voting. W. Va., 548. 
 
 — The General Assembly shall immediately provide 
 by law for a complete and uniform registration, by 
 election districts, of the names of qualified voters in 
 this State ; which registration shall be evidence of 
 the quahfication of all registered voters to vote at any 
 election thereafter held ; but no person shall be ex- 
 cluded from voting at any election, on account of not 
 being registered, until the General Assembly shall 
 have passed an act of registration, and the same 
 shall have been carried into effect ; after which, no 
 person shall vote, unless his name shall have been 
 registered at least ten days before the day of the 
 election ; and the fact of such registration shall be 
 no otherwise shown, than by the register, or an 
 authentic copy thereof, certified to the judges of 
 election by the registering officer, or other consti- 
 tuted authority. A new registration shall be made 
 within sixty days next preceding the tenth day prior 
 to every biennial general election ; and after it shall 
 have been made, no person shall establish his right 
 to vote, by the fact of his name appearing on any 
 previous register. Mo., 356. 
 
 — The General Assembly shall provide for the peri- 
 odical registration in the several counties, cities and 
 towns of the voters therein ; and for the annual regis- 
 tration of births, marriages and deaths in the white 
 population, and of the births and deaths in the colored 
 population. Fa., 539. 
 
 — The General Assembly shall provide by law for the 
 registration of births, marriages and deaths, and shall 
 pass laws providing for the celebration of marriage 
 between any persons legally competent to contract 
 marriage, and shall provide that any persons pre- 
 vented by conscientious scruples from being married 
 by any of the existing provisions of law, may be 
 married by any Judge or Clerk of any Court of 
 Record, or any Mayor of any incorporated city in 
 this State. Md., 264. 
 
 [The Recorder, in addition to the duties incident 
 to the recording of inventories, and other papers re- 
 lating to estates, and to deeds and other writings, . 
 attends to the registering of births, marriages and 
 deaths, and issuing of marriage licenses.] W. Va., 554. 
 — The General Assembly shall pass laws for the pre- 
 servation of the purity of elections by the registration 
 of voters, and by such other means as may be deemed 
 expedient; and to make effective the provisions of 
 the Constitution disfranchising certain persons, or 
 disqualifying them from holding office. Md., 264. 
 — IJntil such a system of registration shall have been 
 established, every person shall, at the time of offering 
 to vote, and before his vote shall be received, take 
 an oath in the terms prescribed in the next succed- 
 ing section. After such a system shall have been 
 established, the said oath shall be taken and sub- 
 scribed by the voter at each time of his registration. 
 Any person declining to take said oath shall not be 
 allowed to vote, or to be registered as a qualified 
 voter. The taking thereof shall not be deemed con- 
 clusive evidence of the right of the person to vote, or 
 to be registered as a voter; but such right may, not- 
 withstanding, be disproved. And, after a system of 
 registration shall have been established, all evidence 
 for and against the right of any person as a qualified 
 
 voter, shall be heard and passed upon by the register- 
 ing ofiicer or officers, and not by the judges of election. 
 The registering officer or officers shall keep a register 
 of the names of persons rejected as voters, and the 
 same shall be certified to the judges of election ; and 
 they shall receive the ballot of any such rejected voter 
 offering to vote, marking the same and certifying the 
 vote thereby given, as rejected ; but no such vote 
 shall be received, unless the party offering it take, at 
 the time, the oath of loyalty hereinafter prescribed. 
 Mo., 349. 
 
 — The Legislature shall provide by law that the names 
 and residence of all qualified electors shall be regis- 
 tered, in order to entitle them to vote ; but the registry 
 shall be free of cost to the elector. £a.. Ill ; Md., 
 256. 
 
 — But no person shall be excluded from voting at any 
 election on account of not being registered until the 
 General Assembly shall have passed an act of regis- 
 tration, and the same shall have been carried into 
 effect, after which no person shall vote unless his name 
 appears on the register. Md., 256. 
 — Provision shall be made by law for the registration 
 of the names of the electors within the counties of 
 which they may be residents, and for the ascertain- 
 ment by proper proofs of the persons who shall be 
 entitled to the right of suffrage, as hereby established ; 
 to preserve the purity of election, and to regulate the 
 manner of holding and making returns of the same ; 
 and the Legislature shall have power to prescribe by 
 law any other or further oaths as may be deemed 
 necessary as a test or electoral qualification. Nev., 
 381. 
 
 — The General Assembly shall have full power to 
 provide for a registry of voters ; to prescribe the man- 
 ner of conducting the elections ; the form of certifi- 
 cates ; the nature of the evidence to be required in 
 case of a dispute as to the right of any person to vote, 
 and generally to enact all laws necessary to carry this 
 article into effect, and to prevent abuse, corruption 
 and fraud in voting. \R. I., 475.] Provided, however, 
 That the General Assembly may, by requiring a 
 registry of voters, or other suitable legislation, guard 
 against frauds in elections and usurpations of the 
 right of suffrage ; may impose disquahflcation to vote 
 as a punishment for crime, and may prescribe addi- 
 tional qualifications for voters in municipal elections. 
 S. C, 486. 
 
 MANNER OF HOLDING AND REPORTING 
 ELECTIONS. 
 
 — The General Assembly shall have power to regu- 
 late by law, not inconsistent with this Constitution, 
 all matters which relate to the judges of election, 
 time, place, and manner of holding elections in this 
 State, and of making returns thereof. Md., 265. 
 —Each of the boards of judges shall safely keep one 
 poll-book and tally-list, and the ballots cast at each 
 election ; and shall, within ten days after such elec- 
 tion, cause the other poll-book and tally-list to be 
 transmitted, by the hands of a sworn officer, to the 
 clerk of the board transacting county business in 
 their respective counties, or to which the county may 
 be attached for municipal purposes. Kan., 207. 
 —Laws shall be made to support the privilege of free 
 suffrage, prescribing the manner of regulating and 
 conducting meetings of the electors, and prohibiting 
 under adequate penalties, all undue influence therein' 
 from power, bribery, tumult and other improper con- 
 duct. Ala., 74; Col., 104; Ct., 112; ^1,136; La., 
 233 ; Miss., 342 ; Nev., 383 ; Or., 449 ; Tex., b\b. 
 — Laws may be passed to preserve the purity of 
 elections, and guard against abuses of the elective 
 franchise. Mich., 308. 
 
39 
 
 — Elections for Senators and Representatives shall 
 be general throughout the State, and shall be regu- 
 lated by law. Tex., 509. 
 
 — The manner of caUing and conducting the meetings 
 for the choice of Representatives, and of ascertaining 
 their election, shall be prescribed by law. Mass.., 299. 
 — Elections to be held in one day. La., 11h ; Miss., 
 344; Mo., 348. 
 
 — All elections by the people shall be held between 
 the hours of six o'clock in the morning and seven 
 o'clock m the evening. Ky., 220. 
 — At each of the elections provided for in this sched- 
 ule the polls shall be open between the hours of 
 nine and ten o'clock A. M., and closed at sunset. 
 Kan., 207. 
 
 — No special election, State, county or municipal, 
 shall be held on a Monday. Mo., 348. 
 — It shall be proper and legal for the voters of any 
 county, when it shall be unsafe by reason of the 
 presence of insurgent troops to open a poll or polls 
 at the usual places of holding elections, to' open the 
 same in any other part of said county. Va., 545. 
 — The election for Senators, next after the first ap- 
 portionment under this Constitution, shall be general 
 throughout the State, and at the same time that the 
 election for Representatives is held, and thereafter, 
 there shall be a biennial election for Senators to fill 
 the places of those whose term of service may have 
 expired. ^.,211. 
 
 — The Legislature shall, by standing laws, direct the 
 time and manner of convening the electors, and of 
 collecting votes, and of certifying to the Governor 
 the officers elected. Mass., 288. 
 — Elections for the members of the General Assem- 
 bly shall be held at the several election precincts 
 established by law. La., 226. 
 
 — The existing laws relative to the manner of noti- 
 fying, holding and conducting elections, making 
 returns, and canvassing votes, shall be in force, and 
 observed in respect to the elections hereby directed 
 to commence on the first Monday of November, in 
 tlie year one thousand eight hundred and twenty- 
 two, so far as the same are applicable. And the 
 present Legislature shall pass such other and further 
 laws as may be requisite for the execution of the 
 provisions of this Constitution in respect to elections. 
 N. Y., (1821), 44. 
 
 [The General Assembly may change the day of 
 election.] Oa., 143. 
 
 — The General Assembly, as occasion may require, 
 shall cause every city or town, the white population 
 of which exceeds five thousand, to be laid off into 
 convenient wards, and a separate place of voting to 
 be established in each; and thereafter no inhabitant 
 of such city or town shall be allowed to vote except 
 in the ward in which he resides. Va., 534, 541. 
 — All elections by the people shall be held at such 
 times and places in the several counties, cities, or 
 towns, as are now, or may hereafter be designated 
 by law. Tex., 507. 
 
 — The names of the persons voted for as Governor, 
 Lieutenant-Governor, Secretary of State, Attorney- 
 General, and General Treasurer, shall be placed upon 
 one ticket, and all votes for, these officers shall in 
 open town or ward meeting, be sealed up by the 
 moderators and town clerks, and by the wardens and 
 ward clerks, who shall certify the same and deliver 
 or send the same to the Secretary of State, whose 
 duty it shall be securely to keep and deliver the 
 same to the grand committee after the organization 
 of the two Houses, at the annual May session ; and 
 it shall be the duty of the two Houses at said ses- 
 sion, after their organization, upon the request of 
 either House, to join in grand committee for the 
 purpose of counting and declaring such votes, and of 
 electing other officers. R. L, 478. 
 
 At said election the polls- shall be opened, the 
 
 election held, returns made, and certificates issued in 
 all respects as provided by law for opening, closing, 
 and conducting elections and making returns of the 
 same, except as hereinbefore specified, and excepting 
 also that polls may be opened and elections held at 
 
 any point or points, in any of the counties where 
 precincts may be established as provided by law, ten 
 days previous to the day of election, and not less 
 than ten miles from the place of voting in any estab- 
 lished precinct. Min., 332. 
 
 ^In all elections held by the people, under this Con- 
 stitution, a majority of all the electors voting shall be 
 necessary to the election of the person voted for 
 B. L, 479 ; Or., 449 ; Vt., 528. 
 
 — In all elections of civil officers by the people of 
 this Commonwealth, whose election is provided for 
 by the Constitution, the person having the highest 
 number of votes shall be deemed and declared to be 
 elected. Mass., 297. 
 
 — The return of every election for Governor and 
 Lieutenant-Governor shall be sealed up and trans- 
 mitted to the seat of government of the State, 
 directed to the Speaker of the House of Representa- 
 tives, who shall open and publish them in the pre- 
 sence of both Houses of the General Assembly. Jowa, 
 187. 
 
 — The said judges of election, before entering upon 
 the duties of their office, shall take and subscribe an 
 oath faithfully to discharge their duties as such. They 
 shall appoint two clerks of election, who shall be 
 sworn by one of said judges faithfully to discharge 
 their duties as such. In the event of a vacancy in 
 the board of judges, the same shall be filled by the 
 electors present. Kan., 207. 
 
 — No vote m any election by the people shall be cast 
 up for, nor shall any certificate of election be granted 
 to any person, who shall not within fifteen days next 
 preceding such election, have taken, subscribed and 
 filed said oath [of allegiance.] Mo., 350. 
 — It shall be the duty of the judges and clerks of 
 election, in addition to the returns required by law 
 fCTr each precinct, to forward to the Secretary of the 
 Territory by mail, immediately after the close of the 
 election, a certified copy of the poll-book, containing 
 the name of each person who has voted in the pre- 
 cinct, and the number of votes polled for and against 
 the adoption of this Constitution. Min., 332. 
 — The returns of election for Senators and members 
 of Assembly shall be transmitted to the Clerk of the 
 Board of Supervisors, or County Commissioners, as 
 the case may be, and the votes shall be canvassed, 
 and certificates of election issued, as now provided 
 by law. Wis., 572. 
 
 — The returns of every election for the officers named 
 in the foregoing section, shall be made to the Secre- 
 tary of State, and by him transmitted to the Speaker 
 of the House of Representatives, who shall cause the 
 same to be opened and canvassed before both Houses 
 of the Legislattire, and the result declared within 
 three days after each House shall be organized. Min., 
 323. 
 
 — The Treasurer, Secretary and Comptroller, for the 
 time being, shall canvass the votes publicly. The 
 twelve persons having the greatest number of votes 
 for Senators shall be declared to be elected. But in 
 cases where no choice is made by the electors in con- 
 sequence of an equality of votes, the House of Rep- 
 resentatives shall designate, by ballot, which of the 
 candidates having such equal number of votes shaH 
 be declared to be elected. The return of votes and 
 the result of the canvass shall be submitted to the 
 House of Representatives, and also to the Senate, on 
 the first day of the session of the General Assembly; 
 and each House shall be the final judge of the elec- 
 tion returns and qualifications of its own members. 
 Cl, 109.. 
 
 ^ Until otherwise provided by law, elections for 
 judges and clerks shall be held, and the poll-books 
 returned, as is provided for Governor, and the abstract 
 therefrom certified to the Secretary of State, shall be 
 by him opened in the presence of the Governor, who 
 shall declare the result, and issue commissions to the 
 persons elected. Ohio, 445. 
 
 — The returns of all elections of Governor, Lieuten- 
 ant-Governor, and other State officers shall be made 
 to the Secretary of State in such manner as may be 
 prescribed by law. Miss., 343 ; Mo., 356. 
 
40 
 
 — Returns of elections for all civil officers elected by 
 the people who are to be commissioned by the Gov- 
 ernor, and also for members of the General Assembly, 
 shall be made to the Secretary of State. Ala., 82. 
 — Contested elections for Governor shall be deter- 
 mined by the Legislative Assembly in such manner 
 as may be prescribed by lavs^. Or., 452. 
 — Contested elections for Governor and Lieutenant- 
 Governor shall be determined by both Houses of 
 the General Assembly, according to such regulations 
 as may be established by law. Ky., 214. 
 — The returns of the votes for Governor at the said 
 next ensuing election, shall be transmitted to the 
 Secretary of State, the votes counted, and the elec- 
 tion declared, in the manner now provided by law in 
 the ease of the election of Electors of President and 
 Vice-President. N. J., 421. 
 
 — The Speaker of the House of Delegates shall then 
 open the said returns in the presence of both Houses, 
 and the person having the highest number of votes 
 and being constitutionally ehgible, shall be the Gov- 
 ernor, and shall qualify in the manner herein pre- 
 scribed, on the second Wednesday of January next 
 ensuing his election, or as soon thereafter as may be 
 practicable. Md., 258. 
 
 — The returns of every election for the officers named 
 in the foregoing section, shall be sealed up and trans- 
 mitted to the seat of Government by the returning 
 officers, directed to the President of the Senate, who 
 during the first week of the session, shall open and 
 publish them, and declare the result in the presence 
 <if a majority of the members of each House of the 
 Legislature. Neb., 373. 
 
 — If no person shall have a majority of votes for 
 Governor, it shall be the duty of the grand commit- 
 tee to elect one by ballot from the two persons hav- 
 ing the highest number of votes for the office, except 
 when such a result is produced by rejecting the entire 
 vote of any town, city or ward, for informality or 
 illegality, in which case a new election by the elect- 
 ors throughout the State shall be ordered; and in 
 case no person shall have a majority of votes for 
 Lieutenant-Governor, it shall be the duty of the 
 grand committee to elect one by ballot from the two 
 persons having the highest number of votes for the 
 office. R. L, 478. 
 
 — The General Assembly shall, at its first session 
 after the adoption of this Constitution, provide by 
 law for the mode of voting by ballot, and also for the 
 manner of returning, canvassing and certifying the 
 number of votes cast at any election ; and until said 
 law shall be passed all elections shall be viva voce, 
 and the laws now in force regulating elections shall 
 continue in force until the General Assembly shall 
 provide otherwise, as herein directed. III., 168. 
 — ^And the Governor shall exclude from the count the 
 votes of any county or city the return judges of 
 which shall fail to certify in the returns, as prescribed 
 by this schedule, that all persons who have taken the 
 oath prescribed to be taken, unless the Governor shall 
 be satisfied that such oath was actually administered, 
 and that tlie failure to make the certificate has been 
 from inadvertence or mistake. Md., 278. 
 — The returns of every election for Governor shall be 
 sealed up and transmitted to the Speaker of the 
 House of Representatives, who shall, during the first 
 week of the session, open aud publish them in the 
 presence of both houses of the General Assembly. 
 The person having the highest number of votes shall 
 be Governor ; but if two or more shall be equal and 
 highest in votes, one of them shall bo chosen Gov- 
 ernor by the joint vote of both houses of the General 
 Assembly, in such manner as shall be prescribed by 
 law. Ark., 88; (nearly similar) Col., 100; S. C, 
 485. 
 
 — The ballots for Senators and Representatives in the 
 several towns, shall, in each case after the polls are 
 declared to be closed, be counted by the moderator, 
 who shall announce the result, and the clerks shall 
 give certificates to the persons elected. If, in any 
 case there be no election, the polls may be re-opened, 
 and the like proceedings shall be had until an election 
 
 shall take place ; Provided, however, that an adjourn- 
 ment or adjournments of the election may be nsade 
 at a time not exceeding seven days from the first 
 meeting. iJ. L, 478. 
 
 The vote for Governor, Lieutenant-Governor and 
 
 Treasurer of the State shall be sorted and counted, 
 and the result declared by a committee appointed by 
 the Senate and House of Representatives. If at any 
 time there shall be no election by the freemen, of 
 Governor, Lieutenant-Governor and Treasurer of the 
 State, the Senate and House of Representatives 
 shall by a joint ballot, elect to fill the office not filled 
 by the freemen, as aforesaid, one of the three candi- 
 dates for such office (if there be so many), for whom 
 the greatest number of votes shall have been returned, 
 n, 529. 
 
 — The General Assembly shall make provision for all - 
 cases of contested elections, of any of the officers not 
 herein provided for. Md., 264; (nearly similar), 
 Ohio, 434. 
 
 — Contested elections of Judges of the Supreme Court 
 shall be tried by the Senate, and of Judges of the 
 Circuit Court, by the Supreme Court, and the Gen- 
 eral Assembly shall prescribe the manner of proceed- 
 ing therein. Ill, 169. 
 
 — The General Assembly shall provide by law for 
 the trial of any contested election of Auditor, Regis- 
 ter, Treasurer, Attorney-General, Judges of Circuit 
 Courts, and all other officers not otherwise herein 
 specified. £y., 221. 
 
 — Returns of all elections by the people shall be 
 made to the Secretary of State, for the time being, 
 except in those cases otherwise provided for in this 
 Constitution, or which shall be otherwise directed by 
 law. Ky., 220; (nearly similar), Arh, 93. 
 — Returns of elections"for members of Congress and 
 the General Assembly shall be made to the Sec- 
 retary of State, in manner to be prescribed by law. 
 Fl., 136; La., 229; Mo., 357. 
 
 — Until otherwise provided by law, an abstract of 
 the returns of every election, for the officers named 
 in the foregoing section, shall be sealed up and trans- 
 mitted by the clerks of the boards of canvassers of 
 the several counties to the Secretary of State, who, 
 with the Lieutenant-Governor and Attorney-General, 
 shall constitute a board of State Canvassers, whose 
 duty it shall be to meet at the State Capital on the 
 second Tuesday of December succeding each election 
 for State officers and canvass the vote for such offi- 
 cers and proclaim the result; but in case any two or 
 more have an equal and the highest number of votes, 
 the Legislature shall by joint ballot, choose one of 
 said persons so having an equal and the highest 
 number of votes for said office. Kan., 198. 
 — The town and ward clerks shall also keep a correct 
 list or register of all persons voting for general offi- 
 cers, and shall transmit a copy thereof to the General 
 Assembly, on or before the first day of said May 
 session. R. Z, 478. 
 
 — That returns of the election of Justices of the 
 Supreme and Judges of the Circuit Courts, Secretary 
 of State, Auditor, and Treasurer shall be made and 
 canvassed, as is now provided by law for Represent- 
 atives in Congress; and returns for members of the 
 General Assembly and county officers shall be made 
 and canvassed as is now provided by law. III., 168. 
 — In case two or more persons have an equal and 
 the highest number of votes for any office, as can- 
 vassed by the Board of State canvassers, the Legisla- 
 ture, in joint convention, shall choose one of said 
 persons to fill such office. When the determination 
 of the Board of State Canvassers is coniested, the 
 Legislature, in joint convention, shall decide which 
 person is elected. Mich., 308. 
 
 —The Legislature shall prescribe by law the manner 
 in which evidence in cases of contested seats in 
 either House shall be taken. Min., 322. 
 — In case of a contested election, the person only 
 shall receive from the State per diem compensation 
 and mileage, who is declared to be entitled to a seat 
 by the House in which the contest takes place 
 Mich., 303. 
 
41 
 
 —The Legislature shall, by law, direct the manner 
 of notifying the electors, conducting the elections, 
 and malting the returns to the Governor of the 
 officers elected ; and if the electors shall neglect or 
 refuse to make such elections, after being duly noti- 
 fied according to law, the Governor shall appoint 
 suitable persons to fill such offices. Me., 246. 
 — It shall not be necessary tor the town or ward 
 clerks to keep and transmit to the Geneial Assembly 
 a list or register of all persons voting for general offi- 
 cers ; but the General Assembly shall have power to 
 pass such laws on the subject as they may deem 
 expedient. R. I., 481. 
 
 — The General Assembly shall direct, by law, the 
 mode and manner of conducting and making due 
 returns to the Secretary of State, of all elections of 
 the Judges and Clerk or Clerks of the Court of 
 Appeals, iind of determining contested elections of any 
 of these officers. Ky., 216. 
 
 — If two or more persons shall have the highest and 
 an equal number of votes, one of them shall be chosen 
 Governor by the Senate and House of Delegates ; 
 and all questions in relation to the eligibility of Gov- 
 ernor, and to the returns of said election, and to the 
 number and legality of votes therein given, shall be 
 determined by the House of Delegates; and if the 
 person or persons having the highest number of votes 
 be ineligible, the Governor shall be chosen by the 
 Senate and House of Delegates. Every election of 
 Governor by the General Assembly shall be deter- 
 mined by a joint majority of the Senate and House 
 of Delegates, and the vote shall be taken viva vote. 
 But if two or more persons shall have the highest 
 and an equal number of votes, then a second vote 
 shall be taken, which shall be confined to the persons 
 having an equal number; and if the votes should 
 be again equal, then the election of Governor shall 
 be determined by lot between those who shall have 
 the highest and an equal number on the first vote. 
 Md , 259. 
 
 — The manner of conducting and making returns of 
 elections, of determining conte.sted elections, and 
 of filling vacancies in office, in cases not specially 
 provided for by this Constitution, shall be prescribed 
 by law ; but special elections to fill vacancies in the 
 office of judge of any court shall be for a full term. 
 And the General Assembly may declare the cases in 
 which any office shall be deemed vacant, where no 
 provision is made for that purpose in this Constitution. 
 Fa., 539. 
 
 — The person having the highest number of votes for 
 Governor shall be elected ; but in case two or more 
 persons shall have an equal and the highest number 
 of votes for Governor, the two Houses of the Legis- 
 lative Assembly, at the next regular session thereof, 
 shall forthwith, by joint vote, proceed to elect one 
 of the said persons Governor. Or., 452. 
 — Should there be no session of the General Assem- 
 bly in January next after an election for any of the 
 officers aforesaid, the returns of such election shall be 
 made to the Secretary of State, and opened, and the 
 result declared by the Governor, in such manner as 
 may be provided by law. Ohio, 435 ; Neb., 371. 
 — The General Assembly shall provide by law for the 
 making of the returns by the proper officers, of the 
 election of all officers to be elected under this Consti- 
 tution. Ky., 221. 
 
 [Detailed provisions made for returning and can- 
 vassing elections.] Ct., 108, 114, 115 ; Mass., 284, 
 286 ; Me., 242, 244, 252 ; N. K, 404 ; B.. L, 474 ; Vt, 
 528, 530. 
 
 EESTRIOTIONS UPON THE HOLDING OP 
 , OFFICE. 
 
 —That no person in the State shall hold more than 
 one hicrative office at any one time ; Provided, That 
 no appointment in the militia, or of the office of a 
 Justice of the Peace, shall be considered as a lucra- 
 tive office. N. a, 426. 
 
 — ^No member of Congress, or person holding any 
 office under the United States, or minister of any 
 religious society, shall be eligible to the office of 
 Governor. Ky., 213. 
 
 — No member of Congress, nor person holding or 
 exercising any office of profit or trust under the 
 United States, or either of them, or under any for- 
 eign power, shall be eligible as a member of the 
 Legislature, or hold or exercise any office of profit or 
 trust under this State. Tex., 516. 
 — No member of Congress, nor any person holding 
 any office of profit or trust under the United States 
 (postmasters excepted) or under any foreign power; 
 no person convicted of any infamous crime in any 
 court within the United States, and no person being 
 defat.lter to the United States, or to tliis State, or to 
 any county or town therein, or to any State or Ter- 
 ritory within the United States, shall be eligible to 
 any office of trust, profit or honor in this State. 
 Wis., 570. 
 
 — No member of Congress, nor person holding any 
 office under the United States (post offices excepted), 
 nor office of profit under this State, Justices of the 
 Peace, Notaries Public, Coroners, and officers of the 
 militia, excepted, shall have a seat in either House 
 during his being such a member of Congress, or his 
 continuing in such ofiice. Me., 244. 
 — No member of Congress or officer of the United 
 States shall be eligible to a seat in the Legislature. 
 If any person after his election to the Legislature, be 
 elected to Congress, or elected or appointed to any 
 office under the United States, his acceptance thereof 
 shall vacate his seat Kan., 199. 
 — No member of Congress, nor any person holding 
 any office of profit or trust under the United States 
 (the office of Postmaster excepted), or any other 
 State of the Union, or under any foreign power, shall 
 hold or exercise any office of trust or profit under 
 this State. Miss., 343. 
 
 — No member of Congress or person holding any 
 civil or military office under the United States shall 
 be eligible as a Senator or Delegate ; and if any per- 
 son shall, after his election as a Senator or Delegate, 
 be elected to Congress, or be appointed to any office, 
 civil or military, under the government of the United 
 States, his acceptance thereof shall vacate his seat. 
 Md., 261. 
 
 — No member of Congress or person holding an office 
 under the United States, or this State, shall exercise 
 the office of Governor ; and in case the Governor, or 
 person administering the Government, shall accept of 
 any office under the United States or this State, his 
 office of Governor shall thereupon be vacant. N. Y., 
 416. 
 
 — No member of Congress or person holding any 
 lucrative office under the United States or this State 
 (militia officers. Justices of the Peace, and Notaries 
 Public excepted), shall be eligible to either House of 
 the General Assembly, or shall remain a member 
 thereof after having accepted any such office, or a 
 seat in either House of Congress. Mo., 353. 
 — No member of Congress, or of the Legislature of 
 this State, nor any person holding any office under 
 the United States (post offices excepted), nor any 
 civil officers under this State (Justices of the Peace 
 and Notaries Public excepted), shall be Counsellors. 
 And no Counsellor shall be appointed to any office 
 during the time for which he shall have been elected. 
 Me., 245. 
 
 — No member of Congress or person holding or exer- 
 cising any office of profit under the United States, 
 or under any foreign power, shall be eligible as a 
 member of the General Assembly of this State, or 
 hold or exercise any office of profit under the State ; 
 and no person in this State shall ever hold two offices 
 of profit at the same time, except the office of Justice 
 of the Peace, Notary Public, Constable, and Militia 
 offices, except by special act of the Legislature ; but 
 the Legislature shall never unite in the same person 
 two offices, the duties of which are incompatible. 
 Fla., 136. 
 
 n 
 
42 
 
 — ITo person holding any office or place under the 
 United States, this State, or any other power, shall 
 exercise the office of Governor. Me., 244. 
 — No person holding any military commission, or 
 other appointment, having any emolument or com- 
 pensation annexed thereto, under this State or the 
 United States, or either of them (except Justices of 
 the Inferior Court, Justices of the Peace, and officers 
 of the militia), nor any defaulter for public money or 
 for any legal taxes required of him, shall have a seat 
 in either branch of the General Assembly, nor shall 
 any Senator or Representative after his qualification 
 as such, be elected by the General Assembly, or 
 appointed by the Governor with the advice and con- 
 sent of two-thirds of the Senate, to any office having 
 any emolument or compensation annexed thereto, 
 during the time for which he shall have been elected. 
 Oa., 143. 
 
 — No person holding a lucrative office or appointment 
 under the United States, or under this State, shall be 
 eligible to a seat in the General Assembly ; nor shall 
 any person hold more than one lucrative office at the 
 same time, except as in this Constitution expressly 
 permitted. Provided, That officers in the militia, to 
 which there is attached no annual salary, and the 
 office of deputy postmaster, where the compensation 
 does not exceed ninety dollars per annum shall not 
 be deemed lucrative ; And provided, also. That coun- 
 ties containing less than one thousand polls may con- 
 fer the office of Clerk, Recorder and Auditor, or any 
 two of said offices upon the same person. Ind., 171. 
 — No person holding any office under the government 
 of the United States, or of any other State or country, 
 shall act as a general officer or as a member of the 
 General Assembly, unless at the time of taking his 
 engagement he shall have resigned his office under 
 such government; and if any general officer. Senator, 
 Representative, or Judge, shall, after his election and 
 engagement, accept any appointment under any other 
 government, his office under this shall be immediately 
 vacated; but this restriction shall not apply to any 
 person appointed to take depositions or acknowledg- 
 ments of deeds, or other legal instruments, by the 
 authority of any other State or country. B. I., 479. 
 — That no officer in the regular army or navy, in the 
 service and pay of the United States, of this State, 
 or any other State, nor any contractor or agent for 
 supplying such army or navy with clothing or pro- 
 visions, shall have a seat either in the Senate, House 
 of Commons, or council of State, or be eligible 
 thereto ; and any member of the Senate, House of 
 Commons, or Council of State, being appointed to, 
 and accepting of such offloe, shall thereby vacate his 
 seat. JV. C, 425. 
 
 — No Governor or Judge of the Supreme Judicial 
 Court shall hold any office or place under the 
 authority of this State, except such as by this Con- 
 stitution they are admitted to hold, saving that the 
 judges of said court may hold the offices of Justices 
 of the Peace throughout the State; nor shall they 
 hold any place or office, or receive any pension or 
 salary from any other State, government or power 
 whatever. N. H., 410. 
 
 — No person holding any lucrative office under the 
 United States, or any other power, shall be eligible 
 to any civil office of profit under this State; provided, 
 that offices in the militia, to which there is attached 
 no annual salary, or local officers and postmasters 
 whose compensation does not exceed five hundred 
 dollars per annum, shall not be deemed lucrative. 
 Cal, 99. 
 
 — No person in this State shall be capable of holding 
 or exercising more than one of the following offices 
 at the same time, viz. : Governor, Lieutenant-Gover- 
 nor, Judge of the Supreme Court, Treasurer of the 
 State, member of the Council, member of the General 
 Assembly, Surveyor-General or Sheriff Nor shall 
 any person holding any office of profit or trust under 
 the authority of Congress, he eligible to any appoint- 
 ment in the Legislature, or of holding an executive 
 or Judiciary office under this State. Vt., 525. 
 — No person shall be capable of exercising at the 
 
 same time more than one of the following offices in 
 this State, viz. : Judge of Probate, Sheriff, Register 
 of Deeds, and never more than two offices of profit, 
 which may be held by appointment of the Governor, 
 or Governor and Council, or Senate and House of 
 Representatives, or superior or inferior courts: mili- 
 tary offices and offices of Justices of the Peace 
 excepted. N. H., 410. 
 
 — No Judge of any court of law or equity, Secretary 
 of State, Attorney-General, Attorney for the State, 
 Recorder, Clerk of any Court of Record, Sheriff or 
 Collector, member of either House of Congress, or 
 person holding any lucrative office under the United 
 States or of this State ; Provided, That appointments 
 in the militia, or Justices of the Peace, shall not be 
 considered lucrative offices ; shall have a seat in the 
 General Assembly ; nor shall any person, holding 
 any office of honor or profit under the government 
 of the United States, hold any office of honor or 
 profit under the authority of this State. Itl., 153. 
 — No person holding any lucrative office under the 
 government of the United States, or any other 
 "power, shall be eligible to any civil office of profit 
 under this State ; Provided, That Postmasters, whose 
 compensation does not exceed five hundred dollars 
 per annum, or Commissioners of Deeds, shall not be 
 deemed as holding a lucrative office. Nev,, 382. 
 — No person being a member of Congress, or holding 
 any mihtary or civil office under the United States, 
 shall be eligible to a seat in the Legislature ; and if 
 any person shall, after his election as a member 
 of the Legislature, be elected to Congress, or be 
 appointed to any office, civil, or military, under the 
 government of the United States, his acceptance 
 thereof shall vacate his seat. Neb., 372. 
 — No person holding any lucrative office under the 
 United States or this State, or any other power, shall 
 be eligible to hold a seat in the General Assembly ; 
 but offices in the militia, to which there is no annual 
 salary, or the office of Justice of the Peace, or Post- 
 master, whose compensation does not exceed one 
 hundred dollars per annum, or Notary Public, shall 
 not be deemed lucrative. Iowa, 186. 
 — No person convicted of embezzlement or misuse of 
 the public funds shall have a seat in the Legislature. 
 Kan., 199. 
 
 — No person who may hereafter be a collector or 
 holder of public moneys shall have a seat in either 
 House of the General Assembly, or be eligible to any 
 office of trust or profit under this State, until he shall 
 have accounted for and paid into the Treasury all 
 sums for which he may be accountable. Fl, 136; 
 Iowa, 186; Mo., 353; JV. C, 425; Ohio, 433; Tenn' 
 494- Tea;., 509; W. Fa., 550. ' ' ' ' 
 
 — No member of Congress, nor any person holding 
 or exercising any office under the United States, shall 
 at the same time hold or exercise the office of Judge, 
 Treasurer, Attorney-General, Secretary, Prothcno- 
 tary. Register for the probate of wills and granting 
 letters of administration, Recorder, SheriS", or any 
 office under this State, with a salary by law annexed 
 to it, or any other office which the Legislature shall 
 declare incompatible with offices or appointments 
 under the United States. No person shall hold more 
 than one of the following offices at the same time, to 
 wit: Treasurer, Attorney-General, Prothonotary, 
 Register or Sheriff. Del.,\\Q. 
 —No person shall hold or exercise at the same time 
 inore than one civil office of emolument, except 
 that of Justice of the Peace. Jfei;., 516. 
 --No person shall be elected or appointed to any 
 office m this State, unless he possess the qualifications 
 of an elector. Ohio, 443. 
 
 —No person except a citizen of the United States, 
 and u, qualified elector of the State shall be eligible 
 to any office provided for by this Constitution. Neb., 
 
 — No person holding the office of judge of any court 
 except special Judges, Secretary, Treasurer of the 
 State, Attorney-General, Commissary-General, mili- 
 tary officers receiving pay from the continent or this 
 State, excepting officers of the militia, occasionally 
 
43 
 
 1 S 5. All elections by the citizens shall be by ballot, except for such town 
 
 2 oflScers as may by law be directed to be otherwise chosen.(') 
 
 called forth on an emergency, Register of Deeds, 
 Sheriff, or officers of the customs, including naval 
 officers, collectors of excise and State and continental 
 taxes, hereafter appointed, and not having settled 
 their accounts with the respective officers v^ith vehom 
 it is their duty to settle such accounts, members of 
 Congress, or any person holding any office under the 
 United States, shall at the same time hold the office 
 of Grovernor, or have a seat in the Senate, or House 
 of Representatives, or Council ; but his being chosen 
 and appomted to and accepting the same, shall 
 operate as a resignation of their seat in the chair. 
 Senate or House of Representatives, or Council, and 
 the place so vacated shall be filled up. No member 
 of the Council shall have a seat in the Senate or 
 House of Representatives. M H., 410. 
 — But no person shall be appointed to an office within 
 a county, who shall not have a right to vote for Re- 
 presentatives, and have been an inhabitant therein 
 one year next before his appointment, nor hold the 
 office longer than he continues to reside in the county. 
 Del, 119. 
 
 — No person who shall be convicted of the embezzle- 
 ment or defalcation of the public funds of this State, 
 shall ever be eligible to any office of honor, trust, or 
 profit under this State ; and the Legislature shall, as 
 soon as practicable, pass a law providing for the pun- 
 ishment of such embezzlement or defalcation as a 
 felony. Cdl., 90. 
 
 — No person shall be appointed to any office within 
 any county who shall not have been a citizen and an 
 inhabitant therein one year next before his appoint- 
 ment, if the county shall have been so long erected; 
 but if it shall not have been so long erected, then 
 within the limits of the county or counties out of 
 which it shall have been taken. No member of Con- 
 gress from this State, or any person holding or exer- 
 cising any office or appointment of trust or profit 
 under the United States, shall at the same time hold 
 or exercise any office in this State, to which a salary 
 is, or fees or perquisites are, by law, annexed ; and 
 the Legislature may by law declare what State offices 
 are incompatible. No member of the Senate or of 
 the House of Representatives shall be appointed by 
 the Governor to any office during the term for which 
 he shall have been elected. Pa., 466. 
 — Every elector shall be eligible to any office in this 
 State, except in cases provided for in this Constitu- 
 tion. Ot., 112; (nearly similar), Oa., 149; Neb., 371 ; 
 Min., 326 ; [none but voters eligible to office] ; Del., 
 119 ; W. Va., 548 ; Min., 326. 
 
 (1). K Y., (1821) 37; Ala., 82 ; Mich., 308; Min., 
 326; (unless otherwise ordered) Oa., 150; Tex., 515. 
 
 ELECTIONS BY BALLOT AND VIVA VOCE. 
 
 [All elections by the people to be by ballot] Cal, 
 97; Ot, 112; Del, 120; Fla., 136; in., 162; Iowa, 
 184; Shn., 201; La., 233; Md.. 258; Mo., 348; 
 Miss., 336; Nev., 380; Pa., 464; Tenn., 495; Va., 
 634; rt, 527; W. Fa., 548. 
 
 [Elections to be by written ballot.] Me., 240. 
 
 [The experiment of voting by ballot to be tried.] 
 N. Y., (1777) 27. ^ , . , 
 
 [Elections to office in Legislature to be viva voce} 
 Ala., 76; Cal, 100; Fla., 136 ; Iowa, 187 ; Kan.,201 
 La 233; Me., 240; Md., 258; Mich., 302; Min., 323, 
 Mo., 348 Neb., 373; Nev., 380; KG., 428; Ohio, 
 435; O., 449; Pa., 464; S. C, 484; Tenn., 495, 
 Tex., 515; Wis., 563. (In most of these States the 
 vote is required to be entered on the journals.) 
 —In all elections, votes shall be given openly or 
 
 viva voce, and not by ballot; but dumb persons, enti- 
 tled to suffrage, may vote by ballot. Va., 595 ; 
 (amendment). 
 
 — All general elections shall be viva voce until other- 
 wise directed by law, and commence and be holden 
 every two years, on the first Monday in August, 
 until altered by law, (except that) the first election 
 under tliis Constitution shall be held on the second 
 Monday in March, 1864, and the electors in all cases 
 except in cases of treason, felony and breach of the 
 peace, shall be privileged from arrest during their 
 attendance on elections and in going to and returning 
 therefrom. Arh., 86. 
 
 — In all elections by the people, and by the Senate 
 and House of Representatives, jointly or separately, 
 the votes shall be personally and publicly given, viva 
 voce; Provided, That dumb persons, entitled to suff- 
 rage, may vote by ballot. Ky., 220. 
 — Whenever an officer, civil or military, shall be 
 appointed by the joint or concurrent vote of both 
 Houses, or by the separate vote of either House of 
 the General Assembly, the vote shall be taken viva 
 voce, and entered upon the journal. Arlc., 86 ; 
 (nearly similar), 4?a., 76 ; Cal, 100; Iowa, 187 ; Min., 
 323; Mo., 354; Neb., 373; S. O. 484; Wii., 563. 
 — Tlie voting for Governor, Lieutenant-Governor, 
 Secretary of State, Attorney-General, General Treas- 
 urer, and Representatives to Congress, shall be by 
 ballot; Senators and Representatives to the General 
 Assembly, and town or city officers, shall be chosen 
 by ballot, on demand of any seven persons entitled 
 to vote for the same ; and in all cases where an 
 election is made by ballot or paper vote, the manner 
 of balloting shall be the same as is now required in 
 voting for general officers until otherwise prescribed 
 by law. R. I, 478. 
 
 — All elections by the General Assembly shall be 
 viva voce and the vote shall always appear on the 
 journal of the House of Representatives, and where 
 the Senate and the' House of Representatives unite 
 for the purpose of electing, they shall meet in the 
 Representative Chamber, and the President of the 
 Senate shall in such cases preside and declare the 
 person or persons elected. Oa., 179. 
 
 ELECTION OP GOVERNOR — CONTESTED 
 ELECTIONS. 
 
 — Statedly, once in every three years, and as often 
 as the seat of government shall become vacant, a 
 wise and discreet freeholder of this State, shall be, by 
 ballot, elected governor, by the freeholders of this 
 State, qualified, as before described, to elect Senators ; 
 which elections shall be always held at the times and 
 places of choosing representatives in Assembly for 
 each respective county ; and that the person who hath 
 the greatest number of votes within the said State 
 shall be governor thereof. N. Y. (1777), 28. 
 — The Governor and Lieutenant-Governor shall be 
 elected at the times and places of choosing members 
 of the Legislature. The persons respectively having 
 the highest number of votes for Governor and Lieu- 
 tenant-Governor, shall be elected ; but in case two or 
 more shall have an equal and the highest number of 
 votes for Governor, or for Lieutenant-Governor, the 
 two houses of the Legislature shall, by joint ballot, 
 choose one of the said persons so having an equal 
 and the highest number of votes, for Governor, or 
 Lieutenant-Governor. N Y., (1821), 38. 
 — Every person qualified to vote for delegates shall 
 be qualified and entitled to vote for Governor; the 
 election to be held in the same manner as the election 
 of delegates, and the returns thereof, under seal, to 
 be addressed to the Speaker of the House of Dele- 
 gates; and inclosed and transmitted to the Secretary 
 of State, and delivered to the said Speaker at the 
 
44 
 
 commencement of the session of the General Assem- 
 bly next ensuing said election. Md., 258. 
 — The returns for every election for Governor shall 
 be sealed up, and transmitted to the seat of govern- 
 ment, directed to the Speaker of the House of Rep- 
 resentatives, who shall, during the first week of the 
 session, open and publish them in the presence of 
 both Houses of the General Assembly. The person 
 having the highest number of votes, shall be Gov- 
 ernor ; but if two or more shall be equal and highest 
 in votes, one of them shall be chosen Governor by 
 the joint vote of both Houses. Contested elections 
 for Governor shall be determined by both Houses of 
 the General Assembly, in such manner as shall be 
 prescribed by law. Ah,., 78; (nearly similar) Ft, 
 130; m., 157; Ind., 174; Or., 452 ; Tex., 512. 
 
 [Returns to be made to presiding officer of the 
 Senate, and published as above.] N. C, 424 ; Ohio, 
 435 ; Pa., 463 ; Tmn., 494. 
 
 — Returns of the election of Governor shall be made, 
 IQ the ipanner and by the persons designated by the 
 Legislature, to the Secretary of the State, who shall 
 deliver them to the Speaker of the House of Dele- 
 gates on the first day of the next session of the Legis- 
 lature. The Speaker shall, within ten days thereafter, 
 in the presence of a majority of each bianoh of the 
 Legislature, open the said returns, when the votes 
 shall be counted. The person having the highest 
 number of votes, if duly qualified, shall be declared 
 elected ; but if two or more have the highest and an 
 equal number of votes, one of them shall thereupon 
 be chosen Governor by the joint vote of the two 
 branches. Contested elections for Governor shall be 
 decided by a like vote, and the mode of proceeding 
 in such cases shall be prescribed by law. W. Va., 552. 
 — The qualified electors for Representatives shall vote 
 for Governor and Lieutenant-Governor at the time 
 and place of voting for Representatives ; the returns 
 of every election shall be sealed up and transmitted 
 by the proper returning officer to the Secretary of 
 State, who shall deliver them to the Speaker of the 
 House of Representatives on the second day of the 
 session of the General Assembly then to be holden. 
 The Members of the General Assembly shall meet in 
 the House of Representatives to examine and count 
 the votes. The person having the greatest number 
 of votes for Governor shall be declared duly elected ; 
 but if two or more persons shall be equal and the 
 highest in the number of votes polled for Governor, 
 one of them shall be immediately chosen Governor 
 by joint vote of the members of the General Assembly. 
 The person having the greatest number of votes 
 polled for Lieutenant-Governor shall be Lieutenant- 
 Governor; but if two or more persons shall be equal 
 and highest in the number of votes polled for Lieuten- 
 ant-Governor, one of them shall be immediately 
 chosen Lieutenant-Governor bv joint vote of the 
 members of the General AssemDly. Za., 229. 
 
 [Returns to be directed to the President of the 
 Senate and Speakei- of the House, and transmitted 
 to the Govei'nor, who shall lay the same, without 
 opening, before the Senate on the next day after the 
 organization. The Senate to transmit them to the 
 House, and they are to be published at a joint meet- 
 ing. Contested elections to be decided as above.] 
 Ga., 146. 
 
 — Votes shall deliver, or cause them to be delivered, 
 to the Seoretai-y, within filteen days after next said 
 election. The votes so returned shall be counted by 
 the Treasurer, Secretary and Comptroller, within the 
 month of April. A fair list of the persons, and num- 
 ber of votes given for each, together with the returns 
 of the presiding officers, shall be, by the Treasurer, 
 Secretary and Comptroller, made and laid before the 
 General Assembly, then next to be holden, on the 
 first day of the session thereof; and said Assembly 
 shall, aP.,er examination of the same, declare the per- 
 son whom they shall find to be legally chosen, and 
 give him notice accordingly. If no person shall have 
 a majority of the whole number of said votes, or if 
 two or more shall have an equal and the greatest 
 number of said votes, then said Assembly, on the 
 
 second day of their session, by joint ballot of both 
 Houses, shall proceed, without debate, to choose a 
 Governor from a list of the names of the two persons 
 having the greatest number of votes, or of the names 
 of the persons having an equal and highest number 
 of votes so returned as aforesaid. The General As- 
 sembly shall by law prescribe the manner in which 
 all questions concerning the election of a Governor or 
 Lieutenant-Governor shall be determined. Ci., 109. 
 — The Governor shall be chosen annually in the 
 month of March; the votes for Governor shall be 
 received, sorted, counted, certified and returned, in 
 the same manner as the votes for Senators ; and the 
 Secretary shall lay the same before the Senate and 
 House of Representatives, on the first Wednesday of 
 June, to be by them examined ; and in case of an 
 election by a majority of votes through the State, 
 the choice shall be by them declared and published. 
 N. H., 405. 
 
 — The Governor and Lieutenant-Governor shall be 
 elected by the qualified electors of the State, at the 
 times and places of choosing members of the Legis- 
 lature. The persons respectively having the highest 
 number of votes for Governor and Lieutenant-Gov- 
 ernor shall be elected. But in case two or more 
 shall have an equal and the highest number of votes 
 for Governor or Lieutenant-Governor, the two 
 Houses of the Legislature, at its next annual session, 
 shall forthwith, by joint ballot, choose one of the 
 persons so having an equal and the highest number 
 of votes for Governor and Lieutenant-Governor. The 
 returns of election for Governor and Lieutenant- 
 Governor shall be made in such manner as shall be 
 provided by law. Wis., 564. 
 
 — The return of every election for Governor and 
 other State officers voted for at the general election, 
 shall be sealed up and transmitted to the seat of gov- 
 ernment, directed to the Secretary of State, and on 
 the third Monday of December succeeding such elec- 
 tion, the Chief. Justice of the Supreme Court and the 
 Associate Justices, or a majority thereof, shall meet 
 at the office of the Secretary of State, and open and 
 canvass the election returns for Governor and all 
 other State officers, and forthwith declare the result 
 and publish the names of the persons elected. The 
 persons having the highest number of votes for the 
 respective offices, shall be declared elected ; but in 
 case any two or more have an equal, and the highest 
 number of votes for the same office, the Legislature 
 shall by joint vote of both Houses, elect one of said 
 persons to fill said office. Nev., 384. 
 — In case two or more persons shall have an equal 
 and the highest number of votes for Governor or 
 Lieutenant-Governor, the Legislature shall, by joint 
 vote, choose one of such persons. Mich., 304 ; 
 (nearly similar), Mo., 355; Iowa, 188; N. J., 416; 
 Ind., 174; Mo., 356. 
 
 — Contested elections for Governor shall be deter- 
 mined by both Houses of the General Assembly, in 
 such manner as shall be prescribed by law. N. C, 
 429; Iowa, 188;7«rf., 174. 
 
 —The person having the highest number of votes 
 shall be Governor ; but if two or more shall be equal 
 and highest in votes, the election shall be determined 
 by lot, in such manner as the General Assembly may 
 . direct. Kij., 213. 
 — Contested elections of a Governor shall be deter- 
 mined by a joint committee, consisting of one-third 
 of all the members of each branch of the Legislature, 
 to be selected by ballot of the House, respectively ; 
 every person of the committee shall take an oath or 
 aSirmation that in determining the said election, he 
 will faithfully discharge the trust reposed in him ; and 
 the committee shall always sit with open doors. Bel.. 
 119. ' 
 
 —The Governor shall be chosen by the qualified 
 voters for the members of the House of Commons, 
 at such time and place as members of the General 
 Assembly are elected. N. G., 429 ; Gal, 100 ; Arh., 
 88 ; Ala., 781 ; Ind., 174; Tfec., 512. 
 — And that there may be no delay in the organiza- 
 tion of the government on the first Wednesday of 
 
45 
 
 AETIOLE III. 
 
 1 Section 1. The legislative power of this State shall be vested in a Senate 
 
 2 and Assembly. 
 
 January, the Governor, with at least five Councillors 
 for the time being, shall, as soon as may be, examine 
 the returned copies of the records for the election of 
 Governor, Lieutenant-Governor and Councillors ; and 
 ten days before the said first Wednesday in January 
 he shall issue his summons to such persons as appear 
 to be chosen, to attend on that day to be quaUfied 
 accordingly ; and the Secretary shall lay the returns 
 before the Senate and the House of Eepresentatives 
 on the said first Wednesday in January, to be by 
 them examined; and in case of the election of either 
 of said officers, the choice shall be by them declared 
 and published ; but in case there shall be no election 
 cf either of said officers, the Legislature shall proceed 
 to fill such vacancies in the manner provided in the 
 Constitution for the choice of such officers. Mass., 
 297. 
 
 — And the Senate and House of Eepresentatives may 
 try and determine all cases where their rights and 
 privileges are concerned, and which, by the Constitu- 
 tion, they have authority to try and determine, by 
 committees of their own members, or in such other 
 way as they may respectively think best. Mass., 
 286. 
 
 — A contested election shall be determined in such 
 manner as shall be directed by law. Fla., 132 ; Iowa, 
 185; Miss., 337. 
 
 DISTRIBUTION OP THE POWERS OP GOV- 
 ERNMENT. 
 
 — The powers of the government shall be divided 
 into three distinct departments — the Legislative, 
 Executive and Judicial; and no person or persons 
 belonging to, or constituting one of these depart- 
 ments, shall exercise any of the powers properly 
 belonging to either of the others, except as herein 
 expressly provided. N'. J., 413 ; (nearly similar), Ala., 
 74; Ark, 85; Cal, 97; Ct., 108; Fl, 130; Ga., 143; 
 la., 151; Ind., 172; Iowa, 184; £i/., 209; La., 225; 
 Me., 24:1; Mich., 304; Min., 321; Miss., 336; Neb., 
 381 ; Or., 449 ; Tenn., 492 ; Tex., 507. 
 — In the government of this Commonwealth, the 
 legislative department shall never exercise the ex- 
 ecutive and judicial powers, or either of them ; the 
 executive shall never exercise the legislative and 
 judicial powers, or either of them ; the judicial shall 
 never exercise the legislative and executive powers, 
 or either of them ; to the end it may be a govern- 
 ment of laws, and not of men. Mass., 282. 
 — That the Legislative, Executive and Judicial pow- 
 ers of government ought to be forever separate and 
 distinct from each other, and no person exercising 
 the functions of one of said departments shall assume 
 or discharge the duties of any other. Md., 254. 
 — That the Legislative, Executive and Supreme Judi- 
 cial powers of government, ought to be forever sep- 
 arate and distinct from each other. N. C, 421. 
 — In the government of this State, the three essential 
 powers thereof, to wit, the legislative, executive and 
 judicial, ought to be kept as separate from, and inde- 
 pendent of each other, as the nature of a free gov- 
 ernment will. admit, or as is consistent with that 
 chain of connection that binds the whole fabric of the 
 Constitution in one indissoluble bond of union and 
 amity. N. K, 401. 
 
 The powers of the government shall be distributed 
 
 into three departments: the Legislative, Executive 
 and Judicial. R. l, 475; Tenn., 492. 
 The Legislative, Executive and Judiciary depart- 
 ments shall be separate and distinct, so that neither 
 exercise thp powers properly belonging to either of 
 the others ; nor shall any person exercise the powers 
 of more than one of them at the same time, except 
 12 
 
 that Justices of the Peace shall be eligible to either 
 House of Assembly. Va., 533. 
 — The Legislative, Executive and Judiciary depart- 
 ment shall be separate and distinct, so that neither 
 exercise the powers properly belonging to the other. 
 Vt., 523. 
 
 — That the Legislative, Executive and Judicial powers 
 should be separate and distinct, and that the members 
 thereof may be restrained from oppression, by feel- 
 ing and participating the burdens of the people, they 
 should, at fixed periods, be reduced to a private sta- 
 tion, return into that body from which they were 
 originally taken, and the vacancies he supplied by fre- 
 quent, certain and regular elections, in which all, or 
 any part of the former members, to be again eligible, 
 or ineligible, as the laws shall direct. Va., 531. 
 
 — The Legislative, Executive and Judicial depart- 
 ments of the government shall be separate and dis- 
 tinct. Neither shall exercise the powers properly 
 belonging to either of the others. No person shall 
 be invested with or exercise the powers of more than 
 one of them at the same time. W. Va., 546. 
 
 LEGISLATIVE POWER — HOW VESTED. 
 
 — The supreme legislative power within this State 
 shell be vested in two separate and distinct bodies of 
 men, the one to be called the Assembly of the State 
 of New York, the other to be called the Senate of 
 the State of New York, who together shall form the 
 Legislature, and meet once at least in every year, for 
 the despatch of business. N. Y. {VlTi), 26. 
 
 — The Legislative power of this State shall be vested 
 in a Senate and Assembly. N. Y. (1821), 85 ; Wis., 
 562. 
 
 — The legislative power of this State shall be vested 
 in two distinct branches, the one to be styled the 
 "Senate," and the other the "Souse of Repreienta- 
 tiv&i," and both together the " General Assembly." 
 Ala., lb; (nearly similar) Gt, 108; Fl, 132; Ky., 
 209; ia., 225; Miss.,'ZZQ; Me.,2il; R. 1, 475; 
 Vt, 523, 528. 
 
 — The legislative power of this State shall be invested 
 in a General Assembly, which shall consist of a Sen- 
 ate and House of Representatives. Ark., 87 ; (nearly 
 similar) Del, 117; Oa., 143; III., 151; Ind., 172; 
 Iowa, 185 ; Kan., ] 98 ; Mich., 301 ; Min., 321 ; Mo., 
 352; Neb., 371; Or., 449; S. C, 482. 
 
 — The Legislature shall consist of two distinct 
 branches, a Senate and a House of Delegates, which 
 shall be styled "The General Assembly of Mary- 
 land." Md., 260. 
 
 — The department of legislation shall be formed by 
 two branches, a Senate and a House of Eepresenta- 
 tives, each of which shall have a negative on the 
 other. Mass., 282; N. K, 401. 
 
 — The Legislative power shall be vested in a Senate 
 and General Assembly. N J., 413. 
 
 — That the Legislative authority shall be vested in 
 two distinct branches, both dependent on the people, 
 to wit, a Senate and House of Commons. N. C., 423. 
 — That the Senate and House of Commons, assem- 
 bled for the purpose of legislation, shall be denomi- 
 nated the General Assembly. N. C, 423. 
 
 — The Legislative power of this State shall be vested 
 in a General Assembly, which shall consist of a 
 Senate and House of Representatives. Ohio, 433 ; 
 (nearly similar). Pa., 461. 
 
 — The Legislative authority of this State shall be 
 vested in a General Assembly, which shall consist of 
 a Senate and House of Representatives, both depend- 
 ent on the people. Tenn., 492. 
 
 — The Legislative powers of this State shall be vested 
 in two distinct branches; the one to be styled the 
 
46 
 
 1 § 2. The Senate shall consist of thirty-two members, and the Senators shall 
 
 2 be chosen for two years. The Assembly shall consist of one hundred and 
 
 3 twenty-eight members, who shall be annually elected. 
 
 Senate and the other the House of Representatives, 
 and both together, the Legislature of the State, 
 yea., 507. 
 
 — The Legislative povrer of this Commonwealth 
 shall be vested in a General Assembly, which shall 
 con.sist of a Senate and House of Delegates. Va., 534. 
 — The Legislative power shall be vested in a Senate 
 and House of Delegates. W. Va., 549. 
 ^The concurrence of the two Houses shall be neces- 
 sary to the enactment of laws. R. I., 475. 
 — The Legislative authority of this State shall be 
 vested in a Senate and Assembly, which shall be 
 
 designated "The Legislature of the State of ," 
 
 and the sessions of such Legislature shall be held at 
 the seat of government of the State. Neb., 381; 
 (nearly similar), Cat, 97. 
 
 SENATORS - 
 
 -THEIR CLASSIFICATION AND 
 TERMS. 
 
 [Under the N. T. Constitution, of 1777, Senators 
 were elected in four great districts, for a term of 
 four years, and were classed so that one-fourth of the 
 number were elected annually. In 1821, the num- 
 ber of districts was increased to eight, the term and 
 classes being as before], p. 28, 34, 35. 
 — Senators shall be chosen for the term of four years ; 
 yet, at the first general election after each new appor- 
 tionment, elections shall be held anew in all the sen- 
 atorial districts ; and the Senators elected, when con- 
 vened at the next ensuing session of the General 
 Assembly, shall be divided by lot into two classes, as 
 nearly equal to each other as may be ; the seats of 
 the Senators of the first class shall be vacated at the 
 expiration of two years, and those of the second 
 class at the expiration of four years from the day of 
 election, so that (except as above provided) one-half 
 of the Senators may be chosen biennially. Ala., 75. 
 — Senators shall be chosen for the term of two years, 
 at the same time and places as members of Assembly ; 
 and no person shall be a member of the Senate or 
 Assembly who has not been a citizen and inhabitant 
 of the State one year, and of the county or district 
 for which he shall be chosen six months next before 
 his election. Cat, 98. 
 
 — The Senators shall be chosen for [fourj years by 
 the citizens residing in the several counties. Del., 117. 
 — The Senators at their first session herein provided 
 for shall be divided by lot, as near as can be, into two 
 classes. The seats of the first class shall be vacated 
 at the expiration of the second year, and those of 
 the second class at the expiration of the fourth year ; 
 so that one-half thereof, as near as possible, may be 
 biennially chosen forever thereafter. III., 152. 
 — Senators shall be elected for the term of four years, 
 and Representatives for the term of two years, from 
 the day next after their general election ; provided, 
 however, That the Senators elect, at the second meet- 
 ing of the General Assembly under this Constitution, 
 shall be divided by lot into two equal classes, as 
 nearly as may be ; and the seats of Senators of the 
 first class shall be vacated at the expiration of two 
 years, and of those of the second class at the expira- 
 tion of four years ; so that one-half, as nearly as pos- 
 sible, shall be chosen biennially forever thereafter. 
 And in case of increase in the number of Senators, 
 they shall be so annexed by lot to one or the other 
 of the two classes, as to keep them as nearly equal 
 as practicable. Ind., 172; (nearly similar) Or., 450. 
 — Senators shall be chosen for the term of four years, 
 at the same time and place as Representatives ; they 
 shall be twenty-five years of age and possess the 
 qualifications of Representatives as to residence and 
 citizenship. Iowa, 185. 
 
 — Senators shall be chosen for the term of four years, 
 and the Senate shall have power to choose its officers 
 biennially. Ky., 210. 
 
 — At the session of the General Assembly next after 
 the first apportionment under this Constitution, the 
 Senators shall be divided by lot, as equally as may 
 be, into two classes; the seats of the first class shall 
 be vacated at the end of two years from the day of 
 the election, and those of the second class at the end 
 of four years, so that one-half shall be chosen every 
 two years. Ky., 211. 
 
 — The members of the Senate shall be chosen for the 
 term of four years. The Senate, when assembled, 
 shall have the power to choose its own ofl&cers. La., 
 227. 
 
 —At the first session of the General Assembly, after 
 this Constitution takes effect, the Senators shall be 
 equally divided by lot into two classes; the seats of 
 the Senators of the first class shall be vacated at the 
 expiration of the term of the first House of Repre- 
 sentatives; of the second class, at the expiration of 
 the term of the second House of Representatives ; so 
 that one-half shall be chosen every two years, and a 
 rotation thereby kept up perpetually. In case any 
 district shall have elected two or more Senators, said 
 Senators shall vacate their seats respectively at the 
 end of the term aforesaid, and lots shall be drawn 
 between them. La., 228. 
 
 — The period for which the Governors, Senators and 
 Representatives, Counsellors, Secretary and Tfeasurer, 
 first elected or appointed, are to serve in their re- 
 spective offices and places, shall commence on the 
 last Wednesday in May, in the year of our Lord one 
 thousand eight hundred and twenty, and continue 
 until the first Wednesday of January, in the year of 
 of our Lord one thousand eight hundred and twenty- 
 two. Me., 249. 
 
 — Immediately after the Senate shall have convened, 
 after the first election under this Constitution, the 
 Senators shall be divided by lot into two classes, as 
 nearly equal in number as may be ; Senators of the 
 first class shall go out of office at the expiration of 
 two years, and Senators shall be elected on the 
 Tuesday next after the first Monday in the month of 
 November, eighteen hundred and sixty-six for the 
 terjn of four years, to supply their places; so that 
 after the first election, one-half of the Senators may 
 be chosen every second year. In case the number 
 of Senators be hereafter increased, such classification 
 of the additional Senators shall be made as to pre- 
 serve as nearly as may be, an equal number in each 
 class. Md., 261. 
 
 — The whole number of Senators shall, at the several 
 periods of making the enumeration before mentioned, 
 be fixed by the Legislature, and apportioned among 
 the several districts to be established by law, accord- 
 ing to the number of free white inhabitants in each, 
 and shall never be less than one-fourth, nor more 
 than one-third of the whole number of Representa- 
 tives. Miss., 337. 
 
 — Such mode of classifying new additional Senators 
 shall be observed as will, as nearly as possible, pre- 
 serve an equality of members in each class. Miss. 
 337. 
 
 — At the regular session of the General Assembly 
 chosen at said election, the Senators shall be divided 
 into two equal classes. Those elected from districts 
 bearing odd numbers shall compose the first class, 
 and those elected from districts bearing even num- 
 bers shall compose the second class. The seats of the 
 first class shall be vacated at the end of the second 
 year after the day of said election, and those of the 
 second class at the end of the fourth year after that 
 day; so that one-half the Senators shall be chosen 
 every second year. In districting any county for the 
 
47 
 
 election of Senators, the districts shall be numbered, 
 so as to effectuate the division of Senators into 
 classes as required in this section. Mo., 353. 
 — The Senators to be elected at the first election 
 under this Constitution shall draw lots, so that the 
 term of one-half of the number, as nearly as may be, 
 shall expire on the day succeeding the general elec- 
 tion in A. D. eighteen hundred and sixty-six, and 
 the term of the other half shall expire on the day 
 succeeding the election in A. D. eighteen hundred 
 and sixty-eight; Provided, That in drawing lots for 
 all Senatorial terms, the Senatorial representation 
 shall be allotted by the Legislature in long and short 
 terms as hereinbefore provided, so that one-half the 
 number, as nearly as may be, shall be elected every 
 two years. Nev., 394. 
 
 — The terms of the members of the Assembly elected 
 at the second general election under this Constitution, 
 shall expire on the day succeeding the general elec- 
 tion in A. D. eighteen hundred and sixty-five ; and 
 the terms of those elected at the general election 
 in A. D. eighteen hundred and sixty-five shall expire 
 on the day succeeding the election in A. D. eighteen 
 hundred and sixty-six. Nev., 394. 
 — Senators and Eepresentatives shall be elected 
 biennially, by the electors in the respective counties, 
 or districts, on the second Tuesday of October ; their 
 term of office shall commence on the first day of 
 January next thereafter, and continue two years. 
 Ohio, 433. 
 
 — And that there may be a due meeting of Senators 
 on the first Wednesday of June, annually, the Gov- 
 ernor, and a majority of the Council, for the time 
 being, shall, as soon as may be, examine the return 
 copies of such records, and fourteen days before the 
 first Wednesday of June, he shall issue his summons 
 to such persons as appear to be chosen Senators by a 
 majority of votes, to attend and take their seats on 
 that day ; Provided, nevertheless. That, for the first 
 year, the said returned copies shall be examined by 
 the President and the majority of the Council then 
 in ofiice ; and the said President shall, in like manner, 
 notify the persons elected to attend and take their 
 seats accordingly. N. H , 402. 
 
 — The freeholders and other inhabitants of each dis- 
 trict, qualified as in this Constitution is provided, 
 shall annually give in their votes for a Senator, at 
 some meeting holden in the month of March. N. H., 
 403. 
 
 — As soon as the Senate shall meet after the first 
 election to be held in pursuance of this Constitution, 
 they shall be divided as equally as may be into three 
 classes. The seats of the Senators of the first class 
 shall be vacated at the expiration of the first year ; 
 of the second class, at the expiration of the second 
 year, and of the third class, at the expiration of the 
 third year; so that one class maybe elected every 
 year, and if vacancies happen, by resignation or 
 otherwise, the persons elected to supply such vacan- 
 ■cies shall be elected for the unexpired terms only. 
 N. T., 413; (nearly similar). Pa., 461. 
 — Members of the Senate and General Assembly 
 shall be elected yearly and every year, on the second 
 Tuesday of October ; and the two Houses shall meet 
 separately on the second Tuesday in January next, 
 after the said day of election ; at v^hich time of 
 meeting the legislative year shall commence; but the 
 time of holding such election may be altered by the 
 Legislature. N. T., 413. 
 
 — The Senators shall be chosen for three years by 
 the citizens [of Philadelphia and of the several 
 counties], at the same time, in the same manner, and 
 at the same places where they shall vote for Eepre- 
 sentatives. Pa., 461. 
 
 — Upon the meeting of the first General Assembly 
 which shall be chosen under the provisions of this 
 Constitution, the Senators shall be divided, by lot, 
 ,into two classes; the seats of the Senators of the one 
 'class to be vacated at the expiration of two years 
 after the Monday following the general election, and 
 of those of the other class at the expiration of four 
 years ; and the number of these classes shall be so 
 
 proportioned that one-half of the whole number of 
 Senators may, as nearly as possible, continue to be 
 chosen thereafter every second year. S. C, 483. 
 — The terms of office of the Senators and Representa- 
 tives chosen at the general election shall begin on the 
 Monday following such election. *?. C., 483. 
 — Such mode of classifying new additional Senators, 
 shall be observed as will as nearly as possible preserve 
 an equality of number in each class. Tex., 507. 
 — The Senators shall be chosen by the qualified 
 electors, for the term of four years, and shall be 
 divided, by lot, into two classes, as nearly equal as 
 can be. The seats of the Senators of the first class 
 shall be vacated at the expiration of the first two 
 years; and of the second class at the expiration of 
 four years ; so that one-half thereof shall be chosen 
 biennially thereafter. Tex., 507. 
 — The term of office of Senators shall be two years, 
 and that of Delegates one year. The Senators 
 first elected shall divide themselves into two classes, 
 one Senator from every district being assigned to 
 each class ; and of these classes, the first, to be desig- 
 nated by lot in such manner as the Senate may deter- 
 mine, shall hold their oSices for one year, and the 
 second, for two years ; so that after the first election 
 one-half of the Senators shall be elected annually. 
 W. Va., 549. 
 
 — The Senators shall be elected for the term of four 
 years, for the election of whom the counties, cities 
 and towns shall be divided into thirty-four districts. 
 Va., 535. 
 
 NUMBER OF MEMBERS IN THE TWO 
 HOUSES. 
 
 — That the Assembly shall consist of at least seventy 
 members, to be annually chosen in the several coun- 
 ties, in the proportions following, viz. : N. Y., (1777), 
 26. 
 
 [Limited in 1801 to 100, and never to exceed 150. 
 p. 34. Fixed in 1821 at 128. The original number 
 of Senators was 24, with a conditional increase, 
 based upon a census of electors. The number was 
 fixed in 1801 at 32, and has since thus remained, p. 
 34]. 
 
 [The whole number of members in House not to 
 exceed one hundred]. Ala., 75. 
 — The whole number of Senators shall be not less 
 than one-fourth, nor more than one-third, of the 
 whole number of Representatives. Ala., 75. 
 
 [Number in House, 24 to 100, on ratio of 1 to 500 
 free white males in each county, till the number 
 reaches 75, and then no increase till the population 
 amounts to 500,000; but each county has at least one. 
 In Senate, on ratio of 1 to 1,500 free white males, 
 till the number reaches 25, and then no increase till 
 the population amounts to 500,000]. Arh., 85, 86. 
 — The House of Representatives shall consist of 
 electors residing in towns from which they are 
 elected. The number of Representatives from each 
 town shall be the same as at present practiced and 
 allowed. In case a new town shall hereafter be 
 incorporated, such new town shall be entitled to one 
 Representative only ; and if such new town shall be 
 made from one or more towns, the town or towns 
 from which the same shall be made shall be entitled 
 to the same number of Representatives as at present 
 allowed, unless the number shall be reduced by the 
 consent of such town or towns. Ci., 108. 
 — The number of Senators shall not be less than one- 
 third, nor more than one-half of that of the mem- 
 bers of Assembly; and at the first session of the 
 Legislature after this Constitution takes effect, the 
 Senators shall be divided by lot as equally as may be, 
 into two classes; the seats of the Senators of the 
 first class shall be vacated at the expiration of the 
 first year, so that one-half shall be chosen annually. 
 Cal, 98. 
 
 — When the number of Senators is increased, they 
 shall be apportioned by lot, so as to keep the two 
 classes as nearly equal in number as possible. Cal., 98. 
 
48 
 
 — ^From and after the first Wednesday of .May in the 
 year of our Lord one thousand eight hundred and 
 thirty, the Senate of this State shall consist of not 
 less than eighteen nor more than twenty-four mem- 
 bers, and be chosen by districts. Ct., 114. 
 
 [Provision relating to House stated in Art. Ill, 
 i 3.] a, 108. 
 
 — There shall be seven representatives chosen in 
 each county, until a greater number of Representa- 
 tives shall by the General Assembly be judged neces- 
 sary ; and then, two-thirds of each branch of the 
 Legislature concurring, they may by lavr make pro- 
 vision for increasing their number. Del., 117. 
 — There shall be three Senators chosen in each county. 
 When a greater number of Secators shall by the 
 General Assembly be judged necessary, two-thirds 
 of each branch concurring, they may by law make 
 provision for increasing their number; but the num- 
 ber of Senators shall never be greater than one-half, 
 nor less than one-third of the number of Representa- 
 tiTes. Dd., 118. 
 
 — The General Assembly shall also, after every such 
 enumeration, proceed to fix by law the cumber of 
 Senators which shall constitute the Senate of the 
 State of Florida, and which shall never be less than 
 one-fourth nor more than one-half of the whole same 
 number of the House of Representatives; and they 
 shall lay off the State into the same number of Sena- 
 torial Districts, as nearly equal in the number of 
 inhabitants as may be, according to the ratio of rep- 
 resentation established in the preceding section, each 
 of which districts shall be entitled to one Senator. 
 Fl, 137. 
 
 [Number in House, specified by counties]. Fl., 137. 
 — The House of Representatives shall be composed 
 as follows : The thirty-seven counties having the 
 largest Representative population, shall have two 
 Representatives each. Every other county shall have 
 one Representative. The designation of the counties 
 having two Representatives shall be made by the 
 General Assembly immediately after the taking of 
 each census. Oa., 145. 
 
 [Number of Senators 44. Specified by counties], 
 
 — The Senate shall consist of twenty-five members, 
 and the House of Representatives shall consist of 
 seventy-five members, until the population of the 
 State shall amount to one million of souls, when five 
 members may be added to the House, and five addi- 
 tional members for every five hundred thousend 
 inhabitants thereafter, until the whole number of 
 Representatives shall amount to one hundred; after 
 which the number shall be neither increased nor 
 diminished; to be apportioned among the several 
 counties according to the number of white inhabitants. 
 In all future apportionments, where more than one 
 county shall be thrown into a representative district, 
 all the Representatives to which said counties may be 
 entitled shall be elected by the entire district. Ill, 152. 
 — The Senate shall not exceed fifty, nor the House 
 of Representatives one hundred members; and they 
 shall be chosen by the electors of the respective 
 counties or districts into which the State may from 
 time to time be divided. Ind., 172. 
 —The number of Senators and Representatives shall, 
 at the session next following the period of making 
 such enumeration, be fixed by law, and apportioned 
 among the several counties, according to the number 
 of white male inhabitants above twenty-one years of 
 age in each; Provided, That the first and second 
 elections of members of the General Assembly under 
 this Constitution shall be according to the apportion- 
 ment last made by the General Assembly, before the 
 adoption of this Constitution. Ind., 172. 
 — The number of Senators shall not be less than one- 
 third, nor more than one-half of the Representative 
 body; and shall be so classified by lot that one class 
 being as nearly one-half as possible, shall be elected 
 every two years. When the number of Senators is 
 increased, they shall be annexed by lot to one or the 
 other of the two classes, so as to keep them as nearly 
 equal in numbers as practicable. Iowa, 185. 
 
 — The Senate shall not consist of more than fifty 
 members, nor the House of Representatives of more 
 than one himdred; and they shall be apportioned 
 among the several counties and Representative dis- 
 tricts of the State according to the number of white 
 inhabitants in each, upon ratios to be fixed by law. 
 But no Representative district shall contain more 
 than four organized counties, and shall be entitled to 
 one Representative. Every county and district 
 which shall have a number of inhabitants equal to 
 one-half of the ratio fixed by law, shall be entitled 
 to one Representative; and any one county contain- 
 ing, in addition to the ratio fixed by law, one-half of 
 that number, or more, shall be entitled to one addi- 
 tional Representative. No floating district shall 
 hereafter be formed. Iowa, 187. 
 — The first House of Representatives under this Con- 
 stitution shall consist of seventy-five members, who 
 shall be chosen for one year. The first Senate shall 
 consist of twenty-five members, who shall be chosen 
 for two years. After the first election, the number 
 of Senators and members of the House of Represent- 
 atives shall be regulated by law ; but shall never ex- 
 ceed one hundred Representatives and thirty-three 
 Senators. Kan., 199. 
 
 — The number of Representatives shall be one 
 hundred, and the number of Senators thirtv-eieht. 
 Ky.,2U. ^ 
 
 — One Senator for each district shall be elected by 
 the qualified voters therein, who shall vote in the 
 precincts where they reside, at the places where 
 elections are by law directed to be held. Ky., 211. 
 — The House of Representatives shall consist of one 
 hundred and fifty-one members, to be elected by the 
 qualified electors for one year from the next day pre- 
 ceding the annual meeting of the Legislature — which 
 shall fiist be convened under this Constitution, shall, 
 on or before the fifteenth day of August, in the year 
 of our Lord one thousand eight hundred and twenty- 
 one, and the Legislature within every subsequent 
 period of at most ten years, and at least five, cause 
 the number of the inhabitants of the State to be 
 ascertained, exclusive of foreigners not naturalized, 
 and Indians not taxed. The number cf Represents 
 atives shall, at the several periods of making such 
 enumeration, be fixed and apportioned among the 
 several counties, as near as may be according to the 
 number of inhabitants, having regard to the relative 
 increase of population. The number of Representa- 
 tives shall, on said first apportionment, be not less than 
 one hundred nor more than one hundred and fifty. 
 Me., 241, 252. 
 
 — The Senate shall consist of not less than twenty, 
 nor more than thirty-one members; elected at the 
 same time, and for the same term as the Representa- 
 tives, by the qualified electors of the district into 
 which the State shall, from time to time, be divided 
 Me., 242. 
 
 [Represeritation in House based upon white popu- 
 lation, and in Senate one from each county except 
 Baltimore, which has three.] Md., 260. 
 —The House of Representatives shall consist of two 
 hundred and forty members. Mass., 299. 
 —The Senate shall consist of forty members. Mass., 
 
 —The House of Representatives shall consist of not 
 less than sixty-four, nor more than one hundred 
 members. Representatives shall be chosen for two 
 years, and by single districts. Each representative 
 district shall contam, as nearly as may be, an equal 
 number of white inhabitants, and civilized persons of 
 Indian descent, not members of any tribe, and shall 
 consist of convenient and contiguous territory But 
 no township or city shall be divided in the formation 
 ot a representative district. When any township or 
 city shall contain a population which entitles it to 
 more than one representative, then such township 
 or city shall elect by general ticket the number of * 
 Representatives to which it is entitled. Each county 
 hereafter organized, with such tenitory as may be 
 attached tliereto, shall be entitled to a separate Rep- 
 resentative when it has attained a population equal 
 
49 
 
 to a moiety of the ratio of representation. In every 
 county entitled to more than one representative, the 
 Board of Supervisors shall assemble at such time and 
 place as the Legislature shall prescribe, and divide the 
 same into respresentative districts, equal to the num- 
 ber of Representatives to which such county is 
 entitled by law, and shall cause to be filed in the 
 office of the Secretary of State and Clerk of such 
 county a desciiption of such representative districts, 
 specifying the number of each district, and the popu- 
 lation thereof, according to the last preceding enumer- 
 ation. Mich., 301. 
 
 — The Senate shall consist of thirty-two members. 
 Senators shall be elected for two years and by single 
 districts. Such districts shall be numbered from one 
 to thirty-two, inclusive, each of which shall choose 
 one Senator. No county shall be divided in the 
 formation of senate districts, except such county 
 shall be equitably entitled to two or more Senators. 
 MiA, 301. 
 
 [Number of Representatives fixed at one hundred, 
 and of Senators thirty-five. With specific rules for 
 apportionment.] Ohio, 440, 441. 
 — The Senate shall consist of sixteen and the House 
 of Representatives of thirty-four members, which 
 number shall not be increased until the year eighteen 
 hundred and sixty; after which time the Legislative 
 Assembly may increase the number of Senators and 
 Representatives, always keeping as near as may be 
 the same ratio as to the number of Senators and 
 Representatives. Provided, That the Senate shall 
 never exceed thirty and the House of Representa- 
 tives sixty members. Or., 450. 
 
 [Number of House to be 60 to 100. The Senate 
 to be not less than one-fourth nor more than one- 
 third the number in the House of Representatives]. 
 Pa., 461. 
 
 — The House of Representatives shall never exceed 
 seventy-two members. iJ. I., 476. 
 — The Senate shall consist of the Lieutenant-Gov- 
 ernor and of one Senator from each town or city in 
 the State. R. I., 477. 
 
 — The Senate shall be composed of one member from 
 each election district, except the election district of 
 Charleston, to which will be allowed two Senators. 
 S. a, 483. 
 
 [The House to consist of one hundred and twenty- 
 four members]. S. C, 482. 
 
 [Number of Representatives not to exceed seventy- 
 five, until the population amounts to 1,500,000. The 
 Senate not to exceed one-third that of the House]. 
 Tenn., 492, 493. 
 
 — The members of the House of Representatives 
 shall be chosen by the qualified electors, and their 
 term of office shall be two years from the day of the 
 general election ; and the sessions of the Legislature 
 shall be biennial, at such times as shall be prescribed 
 by law. Tex., 507. 
 
 (Representation to be fixed bylaw. House from 
 75 to 90; Senate, 19 to 33.] Tex., 509. 
 — The Senate shall be composed of thirty Senators, 
 to be of the freemen of the county for which they 
 are elected, respectively, who shall have attained the 
 age of thirty years, and they shall be elected annu- 
 ally by the freemen of each county, respectively. 
 Vt, 530. 
 
 [Representation to House by towns]. Vt, 528. 
 — The House of Delegates shall consist of not less 
 than eighty and of not more than one hundred and 
 four members. The Senate shall never be less than 
 one-fourth, nor more than one-third the number of 
 the House of Delegates. Va., 534. 
 The number of the House of Delegates shall, in- 
 stead of forty-seven, be in the first case fifl;y-seven, 
 and in the last, fifty-two. W. Va., 550. 
 
 The Senate shall be composed of eighteen, and the 
 
 Hause of Delegates of forty-seven members, subject 
 to be increased according to the provisions herein- 
 after contained. W. Va., 549. 
 
 —The number of the members of the Assembly shall 
 never be less than fifty-four, nor more than one 
 hundred. The Senate shall consist of a number not 
 13 
 
 more than one-third, nor less than one-fourth of the 
 number of the members of the Assembly. Wis., 562. 
 — The number of members who compose the Senate 
 and House of Representatives, shall be prescribed by 
 law, but the Representatives in the Senate shall 
 never exceed one member for every thousand inhab- 
 itants, and the House of Representatives, one mem- 
 ber to every ten thousand inhabitants. The repre- 
 sentation in both houses shall be apportioned equally 
 throughout the different sections of the State, iu 
 proportion to the population thereof, exclusive of 
 Indians not taxable under the provisions of law. 
 Min., 321. 
 
 [Number in house to be from 36 to 100.] Miss., 
 337. 
 
 — The Senators shall be chosen by the qualified 
 electors, for four years, and on their being convened 
 in consequence of the first election, they shall be 
 divided by lot from their respective districts into 
 two classes, as nearly equal as can be. And the 
 seats of the Senators of the first class shall be vacated 
 at the expiration of the second year. Mifs., 337. 
 — The Senate shall consist of thirty-four members, to 
 be chosen by the qualified voters, for four years; for 
 the election of whom the State shall be divided into 
 convenient districts. Mo., 352; (number in house, 
 fixed at 200). Mo., 352. 
 
 — Senators and members of Assembly shall be duly 
 qualified electors in the respective counties and dis- 
 tricts which they represent, and the number of Sen- 
 ators shall not be less than one-third nor more than 
 one-half of that of the Assembly. Neb., 381. 
 — The Senate shall consist of thirteen members, and 
 the House of Representatives shall consist of thirty- 
 nine members, and shall not be increased for the term 
 of ten years after the adoption of this Constitution; 
 Provided, That after the expiration of said ten years, 
 the Legislature shall have power to increase the 
 number of Senators and Representatives, so as to 
 correspond with the increase of the population of 
 the State ; Provided, Such members shall at no time 
 be more than twenty-five in the Senate and seventy- 
 five in the House of Representatives. Neb., 372. 
 — The aggregate number of members of both branches 
 of the Legislature shall never exceed seventy-five. 
 Nev., 392. 
 
 — The Senate shall consist of twelve members, who 
 shall hold their office for one year from the first 
 Wednesday in June, next ensuing their election. 
 N. E., 403. 
 
 [Representation in House, by towns and parishes.] 
 N. H., 402. 
 
 — The Senate shall be composed of one Senator from 
 each county in the State, elected by the legal voters 
 of the counties, respectively for three years. N. Y., 
 413. 
 
 [Number in House not to exceed 60.] N. J., 413. 
 — The House of Commons shall be composed of one 
 hundred and twenty representatives, biennially chosen 
 by ballot, to be elected by counties according to their 
 federal population, that is, according to their respect- 
 ive numbers, which shall be determined by adding 
 to the whole number of free persons, including 
 those bound to service for a term of years, and 
 excluding Indians not taxed, three-fifths of all other 
 persons; and each county shall have at least one 
 member in the House of Commons, although it may 
 not contain the requisite ratio of population. N. C, 
 427. 
 
 — The Senate of this State shall consist of fifty Rep- 
 resentatives, biennially chosen by ballot, and to be 
 elected bj' districts ; which districts shall be laid off 
 by the General Assembly, at its first session after the 
 year one thousand eight hundred and fifty-one ; for 
 and afterwards at its first session after the year 
 one thousand eight hundred and fifty-one; and 
 then, every twenty years thereafter, in proportion to 
 the public taxes paid into the treasury of the State, 
 by the citizens thereof; and the average of the pub- 
 lic taxes paid by each county into the treasury of the 
 State for the five years preceding the laying off of 
 the districts, shall be considered as its proportion pf 
 
50 
 
 the public taxes, and constitute the basis of appor- 
 tionment; Provided, That no county shall be divided 
 in the formation of a senatorial district. And when 
 there are one or more counties having an excess of 
 taxation above the ratio to form a senatorial district, 
 adjoining a county or counties deficient in such ratio, 
 the excess or excesses aforesaid shall be added to the 
 taxation of the county or counties deficient; and if, 
 with such addition, the county or counties receiving 
 it shall have the requisite ratio, such county and 
 counties each shall constitute a senatorial district. 
 N. C, 427. 
 
 ELECTIONS TO THE LBOISLATUKE- 
 OP OFFICE. 
 
 -TEEM 
 
 — The Governor and Council shall, as soon as may be, 
 examine returned copies of such list, and twenty days 
 before the said first Wednesday of January, issue a 
 summons to such persons as shall appear to be elected 
 by a majority of llie votes in each district, to attend 
 that day and take their seats. Me., 243. 
 — Members of both Houses of the General Assembly 
 shall be chosen by the qualified electors, and the reg- 
 ulations for holding such elections shall, as to time, 
 place and manner, be the same for each House, and 
 shall be prescribed by law. After the special election 
 to be held on the first Monday in November, 1865, 
 such election shall, until otherwise directed by law, 
 take place on the first Monday in August. Ala., 75. 
 — The members of the Assembly shall be chosen 
 annually, by the qualified voters of their respective 
 districts, on the Tuesday next after the first Monday 
 in November, unless otherwise ordered by the Legis- 
 lature, and their term of office shall be one year. 
 Oal, 98. 
 
 — The Representatives shall be chosen for two years, 
 by the citizens residing in the several counties. Del., 
 117; Fl, 132; Ala., 75. 
 
 — The members of the House of Representatives 
 shall be chosen by the qualified voters, and shall 
 serve for the term of two years from the day of the 
 general election, and no longer, and the sessions of 
 the General Assembly shall be annual, and commence 
 on the second Wednesday in November in each year. 
 Fl., 132. 
 
 — The Representatives shall be chosen every two 
 years on the first Monday in the month of October, 
 until otherwise directed by law. Fl., 132. 
 
 [Members elected biennially, 1st Wednesday in 
 Oct.] Ga., 143. 
 
 — The members of the House of Representatives 
 shall be chosen every second year, by the qualified 
 electors of their respective districts on the second 
 Tuesday in October, except the years of the Presi- 
 dential election, when the election shall be on the 
 Tuesday next after the first Monday in November ; 
 and their term of office shall commence on the first 
 day ot January next after their election, and continue 
 two years, and until their successors are elected and 
 qualified. Iowa, 185. 
 
 — Representatives shall be chosen on the fii-st Mon- 
 day of November every two years. La., 225. 
 
 The members of the House of Representatives 
 
 shall continue in service for the term of two years 
 from the day of the closing of the general elections. 
 La., 225. 
 
 The members of the House of Delegates shall be 
 
 elected by the qualified voters of the counties and 
 the legislative districts of Baltimore city respectively, 
 to serve for two years from the day of their election. 
 Md., 261. 
 
 [The members of the House of Representatives 
 shall be chosen annually in the month of May, ten 
 days at least before the last Wednesday of that 
 month.] Mass., 286. 
 
 The members of the House of Representatives 
 
 shall be chosen by the qualified electors, and shall 
 serve for the term of two years, from the day of the 
 commencement of the general election, and no longer. 
 Miss.. 336. 
 
 — The Representatives shall be chosen every two 
 years, on the first Monday and day following in 
 November. Miss., 336. 
 
 — The members of the Assembly shall be chosen 
 biennially, by the quaUfied electors of their respec- 
 tive districts, on Tuesday next after the first Monday 
 in November, and their term of office shall be two 
 years from the day next after their election. Neh., 381. 
 • — Senators and Representatives shall be elected bien- 
 nially, by the electors in the respective counties or 
 districts, on the second Tuesday of October. Their 
 term of office shall commence on the first day of 
 January next thereafter, and continue two years, 
 except the Senators and Representatives to the first 
 Legislature under this Constitution, whose election 
 and term of office shall be as hereinafter provided. 
 Neb., 371. 
 
 — That the Senate shall be composed of Representa- 
 tives, [annually] chosen by ballot, one for each county 
 in the State. N. C, 423. 
 
 — The members of the House of Representatives 
 shall be chosen annually, in the month of March, and 
 shall be the second branch of the Legislature. N. H., 
 402. 
 
 — The Representative shall be chosen annually, by 
 the citizens, on the second Tuesday of October. Pa,, 
 461. 
 
 — The House of Representatives shall be composed 
 of members chosen by ballot, every second year, by 
 the citizens of this State, qualified as in this Consti- 
 tution is provided. S. C, 482. 
 — Senators and members of the House of Represen- 
 tatives shall be chosen at a general election on the 
 third Wednesday in October in the present year, and 
 on the same day in every second year thereafter, in 
 such manner and for such terms of office as are 
 herein directed. They shall meet on the fourth 
 Monday in November, annually, at Columbia (which 
 shall remain the seat of Government, imtil otherwise 
 determined by the concurrence of two-thirds of both 
 branches of the whole representation), unless the 
 casualties of war or contagious disorders shall render 
 it unsafe to meet there ; in either of which cases, the 
 Governor, or Commander-in-Chief, for the time 
 being, may, by proclamation, appoint a more secure 
 and convenient place of meeting. 8. C, 483. 
 — The House of Delegates shall be elected biennially 
 by the voters of the cities of Norfolk and Richmond, 
 and the several counties, on the fourth Tuesday in 
 May. Ya., 534. 
 
51 
 
 1 § 3. The State shall be divided into thirty-two districts, to be called senate 
 
 2 districts, each of which shall choose one senator. The districts shall be num- 
 
 3 bered from one to thirty-two inclusive. 
 
 4 District number one (1) shall consist of the counties of Suffolk, Eichmond 
 
 5 and Queens. 
 
 6 District number two (2) shall consist of the county of Kings. 
 
 7 District number three (3), number four (4), number five (5) and number 
 
 8 six (6) shall consist of the city and county of 'New York. And the board of 
 
 9 supervisors of said city and county shall, on or before the first day of May, 
 
 10 one thousand eight hundred and forty-seven, divide the said city and county 
 
 11 into the number of Senate districts to which it is entitled, as near as may be, 
 
 12 of an equal number of inhabitants excluding aliens and persons of color not 
 
 13 taxed, and consisting of convenient and contiguous territory ; and no Assembly 
 
 14 district shall be divided in the formation of a Senate district. The board of 
 
 15 supervisors when they shall have completed such division, shall cause certifl- 
 
 16 cates thereof, stating the number and boundaries of each district, and the 
 
 17 population thereof, to be filed in the office of the Secretary of State, and of . 
 
 18 the clerk of the said city and county. 
 
 19 District number seven (7) shall consist of the counties of "Westchester, 
 
 20 Putnam and Eockland. 
 
 21 District number eight (8) shall consist of the counties of Dutchess and 
 
 22 Columbia. 
 
 23 District number nine (9) shall consist of the counties of Orange and 
 
 24 Sullivan. 
 
 25 District number ten (10) shall consist of the counties of Ulster and Greene. 
 
 26 District number eleven (11) shall consist of the counties of Albany and 
 
 27 Schenectady. 
 
 28 District number twelve (12) shall consist of the county of Eensselaer. 
 
 29 District number thirteen (13) shall consist of the counties of Washington 
 
 30 and Saratoga. 
 
 31 District number fourteen (14) shall consist of the counties of Warren, 
 
 32 Essex and Clinton. 
 
52 
 
 33 District number fifteen (15) shall consist of the counties of St. Lawrence 
 
 34 and Franklin. 
 
 35 District number sixteen (16) shall consist of the counties of Herkimer, 
 
 36 Hamilton, Fulton and Montgomery. 
 
 37 District number seventeen (17) shall consist of the counties of Schoharie 
 
 38 and Delaware. 
 
 39 District number eighteen (18) shall consist of the counties of Otsego and 
 
 40 Chenango. 
 
 41 District number nineteen (19) shall consist of the county of Oneida. 
 
 42 District number twenty (20) shall consist of the counties of Madison and 
 
 43 Oswego. 
 
 44 District number (21) shall consist of the counties of Jefferson and Lewis. 
 
 45 District number twenty-two (22) shall consist of the county of Onondaga. 
 
 46 District number twenty-three (23) shall consist of the counties of Cortland, 
 
 47 Broome and Tioga. 
 
 48 District number twenty-four (24) shall consist of the counties of Cayuga 
 
 49 and "Wayne. 
 
 50 District number twenty-five (25) shall consist of the counties of Tompkins, 
 
 51 Seneca and Tates. 
 
 52 District number twenty-six (26) shall consist of the counties of Steuben 
 
 53 and Chemung. 
 
 54 District number twenty-seven (27) shall consist of the county of Monroe. 
 
 55 District number twenty-eight (28) shall consist of the counties of Orleans, 
 
 56 Genesee and Niagara. 
 
 57 District number twenty-nine (29) shall consist of the counties of Ontario 
 
 58 and Livingston. 
 
 59 District number thirty (30) shall consist of the counties of Allegany and 
 
 60 Wyoming. 
 
 61 District number thirty-one (31) shall consist of the county of Erie. 
 
 62 District number thirty-two (32) shall consist of the counties of Chautauque 
 
 63 and Cattaraugus. 
 
53 
 
 1 S 4' -A-H enumeration of the inhabitants of the State shall be taken under 
 
 2 the direction of the Legislature, in the year one thousand eight hundred and 
 
 3 fifty-five, and at the end of every ten years thereafter ; and the said districts 
 
 4 shall be so altered by the Legislature at the first session after the return of 
 
 5 every enumeration, that each Senate district shall contain, as nearly as may 
 
 6 be, an equal number of inhabitants, excluding aliens and persons of color not 
 
 7 taxed ; and shall remain unaltered until the return of another enumeration, 
 
 8 and shall at all times consist of contiguous territory ; and no county shall be 
 
 9 divided in the formation of a Senate district except such county shall be 
 10 equitably entitled to two or more Senators. 
 
 1 §5. The members of Assembly shall be apportioned auioug the several 
 
 2 counties of this State by the Legislature, as nearly as may be, according to 
 
 3 the number of their respective inhabitants, excluding aliens and persons of 
 
 4 color not taxed, and shall be chosen by single districts. 
 
 APPORTIONMENT — REPRESENTATION. 
 
 — That the Legislature at their next session shall 
 apportion the said one hundred members of the 
 Assembly among the several counties of this State, 
 as nearly as may be, accoiding to the number of 
 electors which shall be found to be in each county by 
 the census directed to be taken in the present year. 
 K Y., (1777,) 34. 
 
 FTlie classification of Senators, and future arrange- 
 ment of districts, detailed in constitution.] N. T., 
 (1777,) 28, 34; (founded ou a septennial census.) 
 — The members of the Assembly shall be chosen by 
 counties, and shall be apportioned among the several 
 counties of the State, as nearly as may be, according 
 to the numbers of their respective inhabitants, exclud- 
 ing aliens, paupers, and persons of color not taxed. 
 An apportionment of members of Assembly shall be 
 made by the Legislature, at its first session after the 
 return of every enumeration; and when made, shall 
 remain unaltered until another enumeration shall have 
 been taken. But an apportionment of members of 
 the Assembly shall be made by the present Legisla- 
 ture, according to the last enumeration taken under 
 the authority of the United States, as nearly as may 
 be. Every county heretofore established, and sepa- 
 rately organized, shall always be entitled to one 
 member of the Assembly; and no new county shall 
 hereafter be erected, unless its population shall entitle 
 it to a member. N. Y., (1821,) 36. 
 
 [A census to be taken in 1825, and every ten years 
 after, as a basis of representation.] N. Y. (1821,) 36. 
 — A census of whites ordered in 1866, 1875, and 
 every ten years after, as a basis of representation. 
 Ala., 75. 
 
 — A census of inhabitants ordered in 1865, and every 
 ten years after. Ark., 87; JU., 152; Kan., 200; 
 Mass., 298, 299; Min., 322 ; Wis., 562. 
 — A census of inhabitants to be taken m 1852, 1855, 
 and every ten years after. Cal., 99. 
 
 The census of United States taken as a basis. Ct, 
 
 114 ;A?: C, 427; Or., 450. 
 
 A census of all the inhabitants to be taken m 1867 
 
 and 1875, and every tenth year after. The repre- 
 sentation founded on whites, and three-fifths of the 
 colored people. Fl, 137. 
 14 
 
 — The General Assembly shall at its second session 
 after the adoption of this Constitution, anl every 
 sixth year thereafter, cause an enumeration to be 
 made of all the white male inhabitants over the age 
 of twenty-one years. Ind., 172. 
 — The General Assembly shall, in the years 1859, 
 1863, 1865, 1867. 1869 and 1875, and every ten years 
 thereaftei', cause an enumeration to be made of all 
 the white inhabitants of the State. Iowa, 187. 
 — Representation shall be equal and uniform in this 
 Commonwealth, and shall be forever regulated and 
 ascertained by the number of qualified voters therein. 
 In the year 1850, again in the year 1857, and every 
 eighth year thereafter, an enumeration of all the 
 qualified voters of the State shall be made; and to 
 secure uniformity and equality of representation, the 
 State is hereby laid ofl" into ten districts. Ky., 210; 
 (nearly similar), La.. 226. 
 
 — A census to be taken in 1866, 1870, 1876, and at 
 such times after (at least every ten years), as may be 
 ordered by law, for ascertaining the number of popu- 
 lation and of electors. La., 226. 
 — A census of 1854, and every tenth year thereafter, 
 as a basis of representation, which is founded on the 
 number of whites and civilized Indians. Mich., 301. 
 — Representative districts formed by the Supervisors. 
 Mich., 301. 
 
 — The Legislative Assembly shall, in the year eighteen 
 hundred and sixty-five, and every ten years after, 
 cause an enumeration to be made of all the white 
 population of the State. Or., 450. 
 — An enumeration of the qualified voters and an 
 apportionment of the Representatives in the General 
 Assembly, shall be made in the year one thousand 
 eight hundred and forty-one, and within every subse- 
 quent term of ten years. Term., 492. 
 — The Legislature shall cause an enumeration to be 
 made every ten years, commencing on the 6th day of 
 February, A. D., 1875, of all the inhabitants (includ- 
 ing Indians taxed) of the State, designating particu- 
 larly the number of qualified electors and the age, 
 sex and color of all others, herein following the 
 classification of the United States census, and the 
 whole number of Representatives shall, at the several 
 periods of making such enumeration, be fixed by the 
 Legislature, and apportioned among the several coun- 
 ties, cities or towns, according to the number oi 
 
54 
 
 5 The several Boards of Supervisors in such counties in this State as are now 
 
 6 entitled to more than one member of Assembly, shall assemble on the first 
 
 7 Tuesday of January next, and divide their respective counties into Assembly 
 
 8 districts equal to the number of members of Assembly to which such counties 
 
 9 are now severally entitled by law, and shall cause to be filed in the office of the 
 
 10 Secretary of State, and the clerks of their respective counties, a description of 
 
 11 such Assembly districts, specifying the number of each district and the popu- 
 
 12 lation thereof, according to the last preceding State enumeration, as near as 
 
 white population in each ; and shall not be less than 
 forty-five, nor more than ninety. Provided, That 
 there shall be an enumeration and an apportionment 
 made in the year 1870, in the manner here indicated. 
 Tex., 509. 
 
 — ^Bach county shall be entitled to at least one repre- 
 sentative. Ala., 75; Ark., 88; Kan., 204. 
 — Where two or more adjoining counties shall each 
 have a residuum or fiaction over and above the ratio 
 then fixed by law, which fractions, when added 
 together, equal or exceed that ratio, in that case, the 
 county having the largest fraction shall be entitled to 
 one additional Representative. Ala., lb. 
 — When a Congressional, Senatorial or Assembly 
 District shall be composed of two or more counties, 
 it shall not be separated by any county belonging to 
 another district ; and no county shall be divided, in 
 forming a Congressional, Senatorial or Assembly Dis- 
 trict. Ocd., 99. 
 
 — And it shall be the duty of the General Assembly, 
 at its first session after the making of each enumera- 
 tion, as provided by the last preceding section, to fix 
 by law the number of Senators, and to divide the 
 State into as many senatorial districts as there are 
 Senators ; which districts shall be as nearly equal to 
 each other as may be in the number of white inhabit- 
 ants, and each shall be entitled to one Senator, and 
 no more ; Provided, That in the formation of said 
 districts, no county shall be divided, and no two or 
 more counties, which are separated entirely by a 
 county belonging to another district, shall be joined 
 into one district ; And provided further, That the 
 senatorial district when formed, shall not be changed 
 until after the next census shall have been taken. 
 Ala., 75. 
 
 — Senatorial and representative districts shall be com- 
 posed of contiguous territory bounded by county 
 lines ; and only one Senator allowed to each sena- 
 torial, and not more than three Representatives to 
 any representative district; Provided, That cities and 
 towns, containing the requisite population, may be 
 erected into separate districts. III., 152. 
 — ^In forming senatorial and representative districts, 
 counties containing a population of not more than 
 one-fourth over the existing ratio, shall form separate 
 districts, and the excess shall be given to the nearest 
 county or counties not having a Senator or Repre- 
 sentative, as the case may be, which has the largest 
 white population. lU., 152. 
 
 — A Senatorial or Representative district, where 
 more than one county shall constitute a district, shall 
 be composed of contiguous counties ; and no county 
 for senatorial apportionment shall ever be divided. 
 Ind., 172. 
 
 — The number of Senators shall, at the next session 
 following each period of making such enumeration, 
 and the next session following each United States 
 census, be fixed by law, and apportioned among the 
 several counties according to the number of white 
 inhabitants in each. Iowa, 187. 
 -^At the first session under this Constitution, and 
 at every subsequent regular session, the Q-eneral 
 
 Assembly shall fix the ratio of representation, and 
 also form into Representative districts those counties 
 which will not be entitled singly to a Representative. 
 Iowa, 187. 
 
 — When a Congressional, Senatorial, or Representa- 
 tive district shall be composed of two or more 
 counties, it shall not be entirely separated by any 
 county belonging to another district; and no county 
 shall be divided in forming a Congressional, Sena- 
 torial, or Representative district. Iowa, 187. 
 — In the future apportionment of the State, each 
 organized county shall have at least one Representa- 
 tive ; and each county shall be divided into as many 
 districts as it has Representatives. Kan., 204. 
 — It shall be the duty of the first Legislature to make 
 an apportionment, based upon the census ordered by 
 the last Legislative Assembly of the Territory; and a 
 new apportionment shall be made in the year 1866, 
 and every five years thereafter, based upon the cen- 
 sus of the preceding year. Kam., 204. 
 — When any city or town shall have a separate repre- 
 sentation, such city or town, and the county in which 
 it is located, may have such separate municipal courts 
 and executive and ministerial officers as the General 
 Assembly may from time to time provide. Ky., 217. 
 — The General Assembly shall divide each county of 
 this Commonwealth into convenient election pre- 
 cincts, or may delegate power to do so to such county 
 authorities as may be designated by law, and elec- 
 tions for Representatives for the several counties 
 shall be held at the places of holding their respective 
 . courts, and in the several election precincts into 
 which the counties may be divided ; Provided, That 
 when it shall appear to the General Assembly that 
 any city or town hath a number of qualified voters 
 equal to the ratio then fixed, such city or town shall 
 be invested with the privilege of a separate repre- 
 sentative in either or both Houses of the General 
 Assembly which shall be retained so long as such 
 city or town shall contain a number of qualified 
 voters equal to the ratio which may, from time to 
 time be fixed by law ; and thereafter, elections for 
 the county in which such city or town is situated 
 shall not be held therein, but such city or town shall 
 not be entitled to a separate representation, unless 
 such county, after the separation, shall also be enti- 
 tled to one or more representatives. That whenever 
 a city or town shall be entitled to a separate repre- 
 sentation in either House of the General Assembly, 
 and by its numbers shall be entitled to more than one 
 representative, such city or town shall be divided, by 
 squares which are contiguous, so as to make the 
 most compact form, into representative districts, as 
 nearly equal as may be, equal to the number of Rep- 
 resentatives to which such city or town may be 
 entitled ; and one Representative shall be elected 
 from each district. In like manner shall said city or 
 town be divided into Senatorial districts, when, by 
 the apportionment, jnore than one Senator shall be 
 allotted to such city or town ; and a Senator shall 
 be elected from each Senatorial district, but no ward 
 or municipal division shall be divided "iy such divis- 
 
55 
 
 13 can be ascertained. Each Assembly district shall contain, as nearly as may 
 
 14 be, an equal number of inhabitants, excluding aliens and persons of color not 
 
 15 taxed, and shall consist of convenient and contiguous territory ; but no town 
 
 16 shall be divided in the formation of Assembly districts. 
 
 •17 The Legislature, at its first session after the return of every enumeration, 
 
 18 shall re-apportion the members of Assembly among the several counties of this 
 
 19 State, in manner aforesaid, and the Boards of Supervisors in such counties as 
 
 20 may be entitled, under such re-apportionment, to more than one member, shall 
 
 21 assemble at such time as the Legislature making such re-apportionment shall 
 
 22 prescribe, and divide such counties into Assembly districts, in the manner 
 
 ion of Senatorial or Representative districts, unless 
 
 it be necessary to equalize the elective, Senatorial, 
 
 or Representative districts. Ky., 209. 
 
 — Representation based upon the number of free 
 
 white males. Ark., 88. 
 
 — Representation based upon population. Ntv., 380 ; 
 
 Fa., 537. 
 
 — Representation based upon the number of white 
 
 inhabitants. Cal, 99; III, 152; Md., 200; Miss., 336; 
 
 0»-., 450; Fa., 549; IF Fa., 599. 
 — No county now organized shall be divided into 
 new counties, so as to reduce the inhabitants of 
 either below the ratio of representation. Fla., 137. 
 — When any Senatorial District shall be composed of 
 two or more counties, the counties of which such 
 district consists shall not be entirely separated by 
 any county belonging to another district, and no 
 county shall be divided in forming a district. Fla., 
 
 137. 
 
 — Apportionment ordered after every State and Fed- 
 eral census. lU., 152; Me., 242; Vt., 528; Wis., 562. 
 — The number of Representatives shall, at the several 
 sessions of the General Assembly, uext -after the 
 making of the enumerations, be apportioned among 
 the ten several districts, according to the number of 
 quaUfied voters in each ; and the Representatives 
 shall be apportioned, as> near as may be, among the 
 counties, towns, and cities in each district; and in 
 making such apportionment the following rules shall 
 govern, to wit: Every county, town, or city, having 
 the ratio shall have one Representative ; if double 
 the ratio, two Representatives, and so on. Next, 
 the counties, towns, or cities having one or more 
 Representatives, and the largest number of qualified 
 voters above'the ratio, and counties having the larg- 
 est number under the ratio shall have a Representa- 
 tive, regard being always had to the greatest number 
 of qualified voters; Provided, That when a county 
 may not have a sufficient number of qualified voters 
 to entitle if to one Representative, then such county 
 may be joined to some adjacent county or counties, 
 which counties shall send one Representative. When 
 a new county shall be formed of territory belonging 
 to more than one district, it shall form a part of that 
 district having the least number of qualified voters. 
 Ky., 210. 
 
 It shall be the duty of the General Assembly which 
 
 shall convene in the year 1850, to make an appor- 
 tionment of the representation of this State, upon the 
 principle set forth in this Constitution; and until 
 the first apportionment shall be made as herein 
 directed, the apportionment of Senators and Repre- 
 sentatives among the several districts and counties in 
 this State, shall remain as at present fixed by law ; 
 Provided, That on the first Monday in August, 1850, 
 all Senators shall go out of office, and on that day an 
 election for Senators and Representatives shall be 
 
 held throughout the State, and those then elected 
 shall hold their offices for one year, and no longer ; 
 Provided, further, That at the elections to be held in 
 the year 1850, that provision in this Constitution 
 which requires voters to vote in the precinct within 
 which they reside, shall not apply. Ky., 224. 
 — At the first session of the Legislature after the 
 making of each enumeration, the Legislature shall 
 apportion the representation amongst the several 
 parishes and election districts on the basis of quali- 
 fied electors as aforesaid. A representative number 
 shall be fixed, and each parish and election district 
 shall have as many Representatives as the aggregate 
 number of its electors will entitle it to, and an ad- 
 ditional Representative for any fraction exceeding 
 one-half the representative number. The number of 
 Representatives shall not be more than one hundred 
 and twenty, nor less than ninety. La., 226. 
 — The Legislature in every year in which they appor- 
 tion representation in the House of Representatives, 
 shall divide the State into Senatorial districts. La., 
 228. 
 
 — No parish shall be divided m the formation of a 
 Senatorial district, the parish of Orleans excepted. 
 And whenever a new parish shall be created, it shall 
 be attached to the Senatorial district from which 
 most of its territory was taken, or to another con- 
 tiguous district, at the discretion of the Legislature, 
 but shall not be attached to more than one district. 
 The number of Senators shall be thirty-six ; and they 
 shall be apportioned among the Senatorial districts 
 according to the electoral population contained in the 
 several districts ; Provided, That no parish be entitled 
 to more than nine Senators. La., 228. 
 — At every apportionment of representation, the 
 State shall be laid off into thirty-eight Senatorial dis- 
 tricts, which shall be so formed as to contain, as near 
 as may be, an equal number of qualified voters, and 
 so that no county shall be divided in the formation 
 of a Senatorial district, except such county shall be 
 entitled, under the enumeration, to two or more 
 senators; and where two or more counties compose 
 a district, they shall be adjoining. Ky., 211. 
 — No new parish shall be created with a territory 
 less than six hundred and twenty-five square miles, 
 nor with a number of electors less than the full 
 number entitling it to a Representative; nor when 
 the creation of such new parish would leave any 
 other parish without the said extent of territory 
 and number of electors. La., 228. 
 — In all apportionments of the Senate, the electoral 
 population of the whole State shall be divided by the 
 number thirty-six, and the result produced by this 
 division shall be the Senatorial ratio entitling a Sena- 
 torial district to a Senator. Single or contiguous 
 parishes shall be formed into districts, having a popu- 
 lation the nearest possible to the number entitling 
 
56 
 
 23 herein directed ; and the apportionment and districts so to be made shall re- 
 
 24 main unaltered until another enumeration shall be taken under the provisions 
 
 25 of the preceding section. 
 
 26 Every county heretofore established and separately organized, except the 
 
 27 county of Hamilton, shall always be entitled to one Member of the Assembly, 
 
 28 and no new county shall be hereafter erected unless its population shall entitle 
 
 29 it to a member. 
 
 30 The county of Hamilton shall elect with the county of Fulton, until the 
 
 31 population of the county of Hamilton shall, according to the ratio, be entitled 
 
 32 to a member. 
 
 a district to a Senator ; and if in the apportionment 
 to make a parish or district fall short of or exceed the 
 ratio, then a district may be formed having not more 
 than two Senators, but not otlierwise. No new ap- 
 portionment shall have the effect of abridging the 
 terra of ssrvice of any Senator already elected at the 
 time of making the appoitionment. After an enume- 
 ration has been made, as directed in the tenth article, 
 the Legislature shall not pass any law until an appor- 
 tionment of representation in both Houses of the 
 General Assembly be made. La., 228. 
 
 [Towns are entitled to representation as follows, 
 according to population, viz. : 1,500 to one ; 3,750 to 
 two; 6,750 to three; 10.500 to four; 15,000 to five; 
 20,250 to six, and 20,250 to seven ; but no town to 
 have more than seven. This apportionment may be 
 phanged by the Legislature]. Me., 241. 
 — Every coimty in the State and each legislative dis- 
 trict of Baltimore city, as hereinbefore provided for, 
 shall be entitled to one Senator, who shall be elected 
 by the qualified voters of the counties and of the 
 legislative districts of Baltimore city respectively, and 
 shall serve for four years from the date of his elec- 
 tion, subject to the classification of Senators herein- 
 after provided for. Md.. 260. 
 
 — There shall be in the Legislature of this Common- 
 wealth, a representation of the people, annually 
 elected, and founded upon the principle of equality. 
 Mass.. 285. 
 
 — In the census aforesaid, a special enumeration shall 
 be made of the legal voters; and in each city said 
 enumeration shall specify the number of such legal 
 voters aforesaid, resicling in each ward of such city. 
 The enumeration aforesaid shall determine the appor- 
 tionment of Representatives for the periods between 
 the taking of the census, 298. 
 
 [Mode of representation by towns specified in de- 
 tiiil] Miss., 296, 297, 298, 299 ; N. H., 402, 403 ; 
 R. I., 476; Vt., 523, 528. 
 
 : — The several senatorial districts now existing shall 
 be permanent. The Senate shall consist of forty 
 members, and in the year one thousand eight hun- 
 (ired and forty, and every tenth year thereafter, the 
 Governor and Council shall assign the number of 
 Senators to be chosen in each district, according to 
 the number .of inhabitants in the same. But, in all 
 cases, at least one Senator shall be assigned to each 
 district. Mass., 297. 
 
 — At their first session after each enumeration so 
 made, and also at their first session after each enu- 
 meration made by the authority of the United States, 
 the Legislature shall have the power to prescribe the 
 bounds of congressional, senatorial and representative 
 districts, and to apportion anew the Senators and 
 Representatives among the several districts, accord- 
 ing to the provisions of section second of this article. 
 Min., 322. 
 
 — The Senators shall also be chosen by single districts 
 of convenient contiguous territory, at the same time 
 that the members of the House of Representatives 
 are required to be chosen, and in the same manner, 
 and no representative district shall be divided in the 
 formation of a Senate disti'ict. The senate districts 
 shall be numbered in regular series, and the Senators 
 chosen by the districts designated by odd numbers 
 shall go out of oflice at the expiration of the first 
 year, and the Senators chosen by the districts desig- 
 nated by even numbers shall go out of office at the 
 expiration of the second year; and thereafter the 
 Senators shall be chosen for the term of two years, 
 except there shall be an entire new election of all 
 the Senators at the election next succeeding each 
 new apportionment provided for in this article. 
 Min., 322. 
 
 — The number of members who compose the Senate 
 and Houi?e of Representatives shall be prescribed by 
 law, but the representation in the Senate shall never 
 exceed one member lor every five thousand inhabit- 
 ants, and in the House of Representatives one mem- 
 ber for every two thouisand inhabitants. The repre- 
 sentation in both houses shall be apportioned equally 
 throughout the different sections of the State, in 
 proportion to the population thereof, exclusive of 
 Indians not taxable under the provisions of law. 
 Min., 321. 
 
 — When a senatorial district shall be composed of 
 two or more counties, it shall not be entirely sepa- 
 rated by any county belonging to another distiict; 
 and no county shall be divided in forming a district. 
 Miss., 337. 
 
 — Until the first enumeration shall be made, as 
 directed by this Constitution, the apportionment of 
 Senators and Representatives among the several dis- 
 tricts and counties in this State shall remain as at 
 present fixed by law. Miss., 344. 
 "-Elections for representatives for the several coun- 
 ties shall be held at the places of holding their 
 respective courts, or in the several election districts 
 into which the county may be divided; Provided, 
 That when it shall appear to the Legislature that any 
 city or town hath a number of free white inhabitants 
 equal to the ratio then fixed, such city or town shall 
 have a separate representation, according to the 
 number of free white inhabitants therein, which shall 
 be retained so long as such city or town shall contain 
 a number of free white inhabitants equal to the 
 existing ratio, and thereafter and during the exist- 
 ence of the right of separate representation in such 
 city or town, elections for the county in which such 
 city or town entitled to a separate representation is 
 situated, shall not be held in such city or town • And 
 provided, That if the residuum or fraction of any city 
 or town entitled to separate representation shall 
 when added to the residuum in the county in which 
 
57 
 
 it may lie, be equal to the ratio fixed by law for one 
 representative, then the aforesaid county, city or 
 town, having the largest residuum, shall be entitled 
 to such representation ; And provided, also, That 
 when there are two or more counties adjoining, 
 which have residuums over and above the ratio then 
 fixed by law, if said residuums. when added together, 
 amount to such ratio, in that case one Representative 
 shall be added to that county having the largest resi- 
 duum. Miss., 336. 
 
 — Tlie Legislatui-e shall at their first session, and at 
 periods of not less than every four, nor more than 
 every six years, until the year 1845, and thereafter 
 at periods of not less than every four, nor more than 
 every eight years, cause an enumeration to be made 
 of all the free white inhabitants of this State, and the 
 whole number of Representatives 'shall, at the several 
 periods of making such enumeration, be fixed by the 
 Legislature, and apportioned among the several coun- 
 tie.-?, cities or towns entitled to separate representa- 
 tion, according to the number of free white inhabitants 
 in each, and shall not be less than thirty-six nor more 
 than one hundred; Provided, however, That each 
 county shall always be entitled to at least one Rep- 
 resentative. Miss., 337. 
 
 — When any county shall be entitled to more than 
 one Senator, the County Court shall cause such 
 county to be subdivided into as many compact and 
 convenient districts as such county may be entitled 
 to Senators; which districts shall be, as near as may 
 be, of equal population ; and the qualified voters of 
 each of such districts shall elect one Senator, who 
 shall be a resident of such district. Mo., 352. 
 — Senators shall be apportioned among tlieir respect- 
 ive districts, as nearly as may be, according to the 
 number of permanent inhabitants in each. Mo., 352. 
 — Senators and Representatives shall be chosen 
 according to the rule of apportionment established 
 in this Constitution, until the next decennial census 
 taken by the United States shall have been made, 
 and the result thereof as to this State ascertained, 
 when the apportionment shall be revised and ad- 
 justed on the basis of that census. In the year one 
 thousand eight hundred and seventy-six, and every 
 tenth year thereafter, there shall be taken, under the 
 authority of this State, a census of the inhabitaflts 
 thereof, and after every such census the apportion- 
 ment of Senators and Representatives may be based 
 thereon until the next succeeding national census, 
 after which itraay be based upon the national census 
 until the next succeeding decennial State census; 
 and so on from time to time ; the enumerations made 
 by the United States and this State shall be used, as 
 they respectively occur, as the basis of apportion- 
 ment. Mo., 353. 
 
 — Senatorial and representative districts may be 
 altered, from time to time, as public convenience 
 may require. When any senatorial district shall be 
 composed cf two or more counties, they shall be 
 contiguous. Mo., 353. 
 
 — The House of Representatives shall consist of 
 members to be chosen every second year, by the 
 qualified voters of the several counties, and appor- 
 tioned in the following manner. Mo., 352. 
 — The ratio of representation shall be ascertained at 
 each apportioning session of the General Assembly, 
 by dividing the whole number of permanent inhabi- 
 tants of the State by the number two hundred. 
 Each county having one ratio, or less, sh.ill be 
 entitled to one Representative; each county having 
 three times said ratio shall be entitled to two Repre- 
 sentatives; each county having six times said ratio 
 shall be entitled to three representatives ; and so on 
 above that number, giving one additional member 
 for every three additional ratios. When any county, 
 shall be entitled to more than one Representative, 
 the County Court shall cause such county to be sub- 
 divided into as many compact and convenient dis- 
 tricts as such county may be entitled to Representa- 
 tives; which districts shall be, as near as may be, of 
 equal population; and tlie qualified vpters of each 
 
 of such districts shall elect one representative, who 
 shall be a resident of such district 
 — No person shall be a member of the House of 
 Representatives who shall not have attained the age 
 of twenty-four years; who shall not be a white male 
 citizen of the United States; who shall not have 
 been a qualified voter of this State two years, and 
 an inhabitant of the county which he may be chosen 
 to represent one year next before the day of his 
 election, if such county shall have been so long 
 established; but if not, then of the county from 
 which the same shall have been taken ; and who 
 shall not have paid a State and county tax. Mo., 352. 
 — The Senators and Representatives shall be chosen 
 by districts of convenient contiguous territory, as 
 compact as may be, to be defined by law, except as 
 to the first election which is hereinafter provided for. 
 Neb., 171. 
 
 — The Legislature shall provide by law for an enume- 
 ration of the inhabitants of the State in the year one 
 thousand eight hundred and seventy-five, and at the 
 end of every ten years thereafter ; and at their first 
 session after such enumeration, and also after each 
 enumeration made by the authoiity of the United 
 States, the Legislature shall apportion and district 
 anew the members of the Senate and House of Repre- 
 sentatives, according to the number of inhabitants, 
 excluding Indians not taxed, and soldiers and ofiicers 
 of the United States army and navy. Neh., 371. 
 — The enumeration of the inhabitants of this State 
 shall be taken under the direction of the Legislature, 
 if deemed necessary, in A. D. eighteen hundred and 
 sixty-seven, A. D. eighteen hundred and seventy- 
 five, and every ten years thereafter ; and these enume- 
 rations, together with the census that may be taken 
 under the direction of the Congress of the United 
 States, in A. D. eighteen hundred and seventy, and 
 every subsequent ten years, shall serve as the basis 
 of representation in both Houses of the Legislature. 
 Nev., 392. 
 
 — The General Assembly shall be composed of mem- 
 bers annually elected by the legal voters of the 
 counties, respectively, who shall be apportioned 
 among the said counties as nearly as may be, accord- 
 ing to the number of their inhabitants. The present 
 apportionment shall continue until the next census 
 of the United States shall have been taken, and an 
 apportionment cf members of the General Assembly 
 shall be made by the Legislature at its first session 
 after the next and every subsequent enumeration or 
 census, and when made shall remain unaltered until 
 another enumeration shall have been taken; Provided, 
 That each county shall at all times be entitled to one 
 member; and the whole number of members shall 
 never exceed sixty. N. J., 413. 
 — For the first ten years, after the year one thousand 
 eight hundred and fifty-one, the apportionment of 
 Representatives shall be as provided in the schedule ; 
 and no change shall ever be made in the principles of 
 representation, as herein established, or in the sena- 
 torial districts, except as above provided. All terri- 
 tory, belonging to a county at the time of any appor- 
 tionment, shall, as to the right of representation and 
 suffrage, remain an integral part thereof, during the 
 decennial period. Ohio, 441. 
 
 — The Governor, Auditor, and Secretary of State, or 
 any two of them, shall, at least six months prior to 
 the October election, in the year one thousand eight 
 hundred and sixty-one, and at each decennial period 
 thereafter, ascertain and determine the ratio of repre- 
 sentation, according to the decennial census, the 
 number of Representatives and Senators each county 
 or district shall be entitled to elect, and for what 
 years, within the next ensuing ten years, and the 
 Governor shall cause the same to be published, in such 
 manner as shall be directed by law. Ohio, 442. 
 — Where two or more counties are joined in a sena- 
 torial, representative, or judicial district, the returns 
 of elections shall be sent to the county having the 
 largest population. Ohio, 4A5. 
 —The Senators and Representatives shall J)e chosen 
 
 15 
 
58 
 
 by the electors of the respective counties cr districts 
 into which the State may, from time to time, be 
 divided by law. Or., 450. 
 
 — And in case any county shall not have the requisite 
 population to entitle such county to a member, tlien 
 such county shall be attached to some adjoining 
 county for senatbrial or representative purposes. Of., 
 450. 
 
 — A. senatorial district, when more than one county 
 shall constitute the same, sliall be composed of con- 
 tisjiiOHS counties ; and no county shall be divided in 
 creating senatorial districts. Or., 450. 
 — In the year one thousand eight hundred and sixty- 
 four, and in every seventh year therealler. Repre- 
 sentatives to ti.e number of one hundred shall be 
 apportioned and distributed equally throughout the 
 State by districts, in proportion to the number of 
 taxable inhabitants in the several parts thereof, 
 except that any county containing at least three 
 thousand five hundred taxables, may be allowed a 
 separate repi-esentation, but no more than three 
 counties shall be joined, and no county shall be 
 divided in the formation of a district. Any city con- 
 taining a sufficient number of taxables to entitle it to 
 at least two Representatives, shall have a separate 
 representation assigned it, and shall be divided into 
 convenient districts of contiguous territory, of equal 
 taxable populaliun as near as may be, each of which 
 dislricts shall elect one Representative. Pa., 471. 
 
 [Senators apportioned according to taxable inhabit- 
 ants.] Pa., 461, 471. 
 
 — The House of Representatives shall consist of one 
 •hundred and tweniy-lbur membeis, to be apportioned 
 among the several election districts of the State, 
 according to the number of white inhabitants con- 
 tained in each, and the amrniit of all taxes raised by 
 the General Assembly, whether direct or indirect, or 
 of whatever species, paid in each, deducting tliere- 
 from all taxes paid on account of property held in 
 any other district, and adding thereto all taxes else- 
 where paid on accoimt of property held in such 
 district. An enumeration of the white inhabitants 
 for this purpose was made in the year one thousand 
 eight hundred and fifty-nine, and .shall be made in 
 the course of every tenth year thereafter, in such 
 manner as shall be by law directed ; and Representa- 
 tives shall be assiigned to the different districts in the 
 above-mentioned proportion, by act of the General 
 Assembly at the session immediately succeeding every 
 enumeration ; Provided, That until the apportion- 
 ment, which shall be made upon the next enumera- 
 tion, shall take effect, the representation of the 
 several election distiicts, as herein constituted, shall 
 continue as assigned at the last apportionment, each 
 district which has been heretofore divided itito 
 smaller districts, known as parishes, having the aggre- 
 gate number of Representatives which the parishes 
 heretofore embraced within its limits have had since 
 that apportionment, the Representative to which the 
 parish of All Saints has been heretofore entitled, be- 
 ing, during tliis interval, assigned to Horry election 
 district. S. C, 482. 
 
 — In assigning Representalives to the several dis- 
 tricts, the General Assembly shall allow one Repre- 
 sentative for every sixty-second part of the whole 
 number of white inhabitants in the State, and one 
 Representative, also, for every sixty-second part of 
 the whole taxes rai.sed by the General Assembly. 
 There shall be further allowed one Representative for 
 such fiactions of the sixty-second part of the white 
 inhabitants, and of the sixty-second part of the taxes 
 as, when added together, form a unit. S. C, 483. 
 — If, in the apportionment of Representatives, any 
 election district shall appear not to be entitled from 
 its population and its taxes, to a Representative, such 
 election district shall nevertheless send one repre- 
 sentative ; and if there be still a deficiency of the 
 number of Representatives required by section fifth, 
 such deficiency .shall be supplied by assigning Repre- 
 sentatives to those election districts having the largest 
 surplus fractions, whether those fiactions consist of a 
 combination of population and taxes, or of population 
 
 or taxes separately, until the number of one hundred 
 and twenty-four members are made np; Provided, 
 however. That not more than twelve Repi-esentatives 
 shall, in any apportionment, be assigned to any one 
 election district. S. C, 483. 
 
 — No apportionment of Representatives shall be con- 
 strued to take effect, in any manner, until the general 
 election which shall succeed such apportionment. 
 S. a, 483. 
 
 — The number of Representatives shall, at the several 
 periods of making the enumeration, be apportioned 
 among the several counties or districts according to 
 the number of qualified voters in each; and shall not 
 exceed seventy-five until the population of the State 
 shall be one million and a half; and shall never 
 thereafter exceed ninety-nine; Provided, That any 
 county having two-thiids of the ratio, shall be enti- 
 tled to one member. Tenn., 492. 
 — The number of Senators shall, at the several periods 
 of making the enumeration, be proportibned among 
 the several counties or districts, according to the 
 number of qualified electors in each, and shall not 
 exceed one-third the number of Representatives. 
 In apportioning the Senators among the different 
 counties, the fraction that may be lost by any county 
 or counties, in the apportionment of members to the 
 House of Representatives, shall be made up to such 
 county or counties in the Senate as near as may be 
 practicable. When a district is composed of two or 
 more counties, they shall be adjoining; and no county 
 shall be divided in forming a district. Tenn , 492. 
 — When a senatorial district shall be composed of two 
 or more counties it shall not be separated by any 
 county belonging to another district. Tex., 507. 
 — The Senators shall be apportioned to the several 
 counties, according to the population as ascertained 
 by the census taken under the authority of Congress 
 in the year 1840, regard being always had, in such 
 apportionment, to the counties having the largest 
 fraction, and giving to each county at least one Sen- 
 ator, n, 530. 
 
 — The Legislature shall make a new apportionment 
 of the Senators to the several counties, after the tak- 
 ing of each census of the United States, or after a 
 census taken for the purpose of such apportionment, 
 under the authority of this State, always regarding 
 the above provisions of this article. Vt., 550. 
 — Each county, city and town of the respective dis- 
 tricts at the time of the first election of its Delegates 
 under this Constitution, shall vote for one Senator, 
 and the Sheriffs or other officers holding the election 
 for each county, city or town within ten days at the 
 farthest after the last election in the district, and from 
 the polls so taken in their respective counties, cities 
 and towns, return as Senator the person who has 
 received the greatest number of votes in the whole 
 district. Va., 535. 
 
 — The whole number of members to which the State 
 may at any time be entitled in the House of Repre- 
 sentatives of the United States, shall be apportioned 
 as nearly as may be, amongst the several counties, 
 cities and towns of the State according to tlieir popu- 
 lation. Va., 537. 
 
 — In the apportionment, the State shall be divided 
 into districts corresponding in number with the Rep- 
 resentatives to which it may be entitled in the House 
 of Representatives of the Congress of the United 
 States, which shall be formed respectively of con- 
 tiguous counties, cities and towns, be compact, and 
 include, as nearly as may be, an equal number of 
 population. Va.. 537. 
 
 —For the election of Senators, the State shall be 
 divided into nine senatorial districts; which number 
 shall not be diminished, but may be increased as 
 hereinafter provided. Every district shall choose 
 two Senators, but afi;er the first election both shall 
 not be chosen from the same county. The districts 
 shall be equal, as nearly as practicable, in white popu- 
 lation, according to the returns of the United States 
 census. They shall be compact, formed of contigu- 
 ous territory, and bounded by county lines. After 
 every such census the Legislature shall alter the sena- 
 
59 
 
 torial districts, ao far as may be necessary to make 
 them conform to tiie foregoing provisions. W. Va., 
 549. 
 
 — Any senatorial disti'ict may at any time be divided, 
 by county lines or otherwise, into two sections, which 
 shall be equal, as nearly as practicable, in wliite popu- 
 lation. If such division be made, each section shall 
 elect one of the Senators for the district; and the 
 Senators so elected shall be classified in such manner 
 as the Senate may determine. W. Va., 519. 
 — For the election of Delegates, every county con- 
 taining a white population of less tlian half the ratio 
 of representation for tlie House of Delegates, shall, 
 at each apportionment, be attached to some contigu- 
 ous county or counties, to form a delegate district. 
 W. Va., 549. 
 
 — When .two or more counties are formed into a 
 delegate district, the Legislature shall provide by law 
 that the Delegates to be cliosen by the voters of the 
 district shall be in rotation, residents of each county, 
 for a greater or less number of terms, proportioned, 
 as nearly as can be conveniently done to the white 
 population of the several counties in the district. W. 
 Va., 549. 
 
 — After every census the Delegates shall be appor- 
 tioned as follows : 
 
 The ratio of representation for the House of Dele- 
 gates shall be ascertained by dividing the whole 
 wliite population of the State by the number of 
 which the House is to consist, and rejecting the fiac- 
 tion of a unit, if any, resulting from such division. 
 
 Dividing the white population of every delegate 
 district, and of every county not included in a dele- 
 gate district, by the ratio ihus asceitamed, there sliall 
 be assigned to ciich a number of Delegates equal to 
 the quotient obtained by this division, excluding the 
 fractional remainder. 
 
 The additional Delegates necessary to make up the 
 number of which the House is to consist, .shall then 
 be assigned to those delegate districts, and counties 
 not intiluded in a delegate district, which would 
 otherwise have the largest fractions unrepresented. 
 But every delegate district and county not included 
 in a delegate district, shall be entitled to at least one 
 Delegate. W. Va., 549. 
 
 — The arrangement of senatorial and delegate dis- 
 tricts, and appointment of Delegates, shall hereafter 
 be declared by law, as soon as possible after each 
 succeeding census taken by authoi-ity of the United 
 States. When so declared, they shall apply to the 
 first general election for members of the Legislature 
 to be thereafter held, and shall continue in force, un- 
 changed until such distiicts are altered and Delegales 
 apportioned under the succeeding census. W. Va., 
 550. 
 
 — For the election of Representatives to Congress, 
 the State shall be divided mto districts, corresponding 
 in number with the Representatives to which it may 
 be entitled; which district shall be formed of con- 
 tiguous counties and be compact. Each district shall 
 contain, as nearly as may be, an equal federal num- 
 ber, to be determined according to the rule prescribed 
 in the second section of the first article of the Consti- 
 tution of the United States. W. Va., 558. 
 — Additional territory may be admitted into and 
 become part of this State with the consent of the 
 Legislature. And in such case provision shall be 
 made by law for the representation of the white popu- 
 lation thereof in the Senate and House of Delegates, 
 in conformity with the principles set forth in this 
 Constitution. And the number of members of which 
 each branch of the Legislature is to consist, shall 
 thereafter be increased by the representation as- 
 signed to such additional territory. W. Va., 550. 
 The Legislature shall provide by law for an enume- 
 ration of the inhabitants of the State, in the year one 
 thousand eight hunlred and fifty-five, and at the end 
 of every ten years thereafter ; and at their first session 
 after such eniiraeTation, and also after each enumera- 
 tion made by the authority of the United States, the 
 Legislature shall apportion and district anew the 
 members of the Senate and Assembly, according to 
 
 the number of inhabitants, excluding Indians not 
 taxed, and soldiers and officers of the United States 
 army and navy. Wis., 562. 
 
 — The members of the Assembly shall be chosen 
 annually by single districts on the Tuesday succeed- 
 ing the first Monday of November, by the qualified 
 electors of the several distiicts, such districts to be 
 bounded by county, precinct, town or ward lines, to 
 consist of contiguous territory, and be in as compact 
 form as practicable. Wis., 562. 
 
 — The Senators shall be chosen by single districts of 
 convenient contiguous territory, at the same time 
 and in the same manner as members of the Assembly 
 are required to be cho.?en, and no As.senibly district 
 .shall be divided in the formation of a senate district. 
 The senate distiicts shall be niiir.bered in regular 
 series, and the Senators chosen by the odd niuiibered 
 districts shall go out of office at the expiraticn of the 
 first year; and the Senators chosen by the even 
 numbered districts shall go out of office at (he expi- 
 ration of the second year, and thereafter the Senators 
 shall be chosen for the term of two years. Wis., 562. 
 — Until there shall be a new apportionment, the 
 Senators and, members of the Assembly shall be 
 apportioned among the several districts, as herein- 
 after mentioned, and each district shall be entitled to 
 elect one Senator or member of the Assembly, as 
 the case may be. Wis., 573. 
 
 — The foregoing districts are subject, however, so far 
 to be altered that when any new town shall be 
 organized, it may be added to either of the adjoining 
 as,=;embly districts. Wis., 575. 
 
 — The population of the townships in the several 
 counties of the State, and of the several wards, shall 
 be ascertained by the last precedirig census of the 
 LTnited State.s, until the Legislature shall provide, by 
 law, some other mode of ascertaining it. N. J., 418. 
 — This apportionment shall be made by the General 
 Assembly, at the respective times and periods when 
 the districts for the Senate are hereinbefore diiected 
 to be laid off, and the said apportionment shall be 
 made according to an enumeration to be ordered by 
 the General Assembly, or according to the census 
 which may be taken by order of Congress, next 
 preceding the making of such apportionment. N. C, 
 427. 
 
 — In making the apportionment in the House of 
 Commons, tlie ratio of representation shall be ascer- 
 tained by dividing the amount of federal population 
 in the State, after deducting that compi ehended within 
 those counties which do not severally contain the one 
 hundred and twentieth part of the entire federal pop- 
 ulation aforesaid by the number of Representatives 
 less than the number assigned to the said counties. 
 To each county containing the .said ratio, and not 
 twice the said ratio, there shall be assigned one Rep- 
 resentative; to each county containing twice, but 
 not three times the said ratio, there shall be asssigned 
 two Representatives, and so on progressively ; and 
 then the remaining Representatives shall be assigned 
 severally to the counties having the largest fractions. 
 N. C, 427. 
 
 — The apportionment of this State for members of 
 the General Assembly, shall be made every ten years 
 after the year one thousand eight hundred and fifty- 
 one, in the following manner: The whole population 
 of the State, as ascertained by the federal census, or 
 in such other modes as the General Assembly may 
 direct, shall be divided by the nnmber ''one hun- 
 dred.'' and the quotient shall be the ratio of repre- 
 sentation in the House of Representatives for ten 
 years next succeeding each apportionment. Ohio, 440. 
 — Every county, having a population equal to one- 
 half of said ratio, shall be entitled to one Represent- 
 ative; every county containing said ratio and three- 
 fourths over, shall be entitled to two Representatives; 
 every county containing three times said ratio, shall 
 be entitled to three Representatives; and so on, re- 
 qnirin.sr. after the first two, an entire ratio for each 
 additional representative. Ohw, 441. 
 — When any county shall have a fraction above the 
 ratio, so large^ that being multiplied by five, the 
 
60 
 
 1 S 6. The Members of the Legislature shall receive for their services a sum 
 
 2 not exceeding three dollars a day, from the commencement of the session ; 
 
 3 but such pay shall not exceed in the aggregate three hundred dollars for per 
 
 4 diem allowance, except in proceedings for impeachment. The limitation as to 
 
 5 the aggregate compensation shall not take effect until the year one thousand 
 
 6 eight hundred and forty-eight. When convened in extra session by the Gov- 
 
 7 ernor, they shall receive three dollars per day. They shall also receive the 
 
 8 sum of one dollar for every ten miles they shall travel, in going to and return- 
 
 9 ing from their place of meeting, on the most usual route. The speaker of the 
 
 10 Assembly shall, in virtue of his office, receive an additional compensation 
 
 11 equal to one-third of his per diem allowance as a member. 
 
 result will be equal to one or more ratios, additional 
 Representative shall be apportioned for such ratios, 
 among the several sessions of the decennial period, 
 in the following manner: If there be only one ratio, 
 a Representative shall be allntted to the fifth session 
 of the decennial period ; if there are two ratios, a Rep- 
 resentative sliall be allotted to the fourth and third 
 sessions, respectively ; if three, to the third, second, 
 and first sessions respectively ; if four, to the fourth, 
 third, second and first sessions respectively. Ohio, 
 441. 
 
 — Any county, forming with another county or 
 counties a representative district, during one decen- 
 nial period, if it have acquired sufficient population 
 at the next decennial period, shall be entitled to a 
 separate representation, if there shall be left, in the 
 district from which it shall have been separated, a 
 population sufficient for a Representative; but no 
 such change shall be made, except at the regular 
 decennial period for the apportionment of Represen- 
 tatives. Ohio, 441. 
 
 — If, in fixing any subsequent ratio, a county, pre- 
 viously entitled to separate representation, shall have 
 less than the number required by the new ratio for a 
 Representative, such county shall be attached to the 
 county adjoining it having the least number of in- 
 habitants; and the representation of the district, so 
 formed, shall be determined as herein provided. Ohio, 
 441. 
 
 — The ratio for a Senator shall, forever hereafter, be 
 ascertained, by dividing the whole population of the 
 State, by the number thirty-five. Ohio, 441. 
 — The same rules shall be applied, in apportioning 
 the fractions of senatorial districts, and in annex- 
 ing districts, which may hereafter have lass than 
 three-fourths of a senatorial ratio, as are applied to 
 representative districts. Ohio, 441. 
 — Any county forming part of a senatorial district, 
 having acquired a population equal to a full senatorial 
 ratio, shall be made a separate senatorial district, at 
 any regular decennial apportionment, if a full sena- 
 torial ratio shall be left in the district from which it 
 shall be taken. Ohio, 441. 
 
 QUALIFICATIONS OP LEGISLATORS. 
 
 Age (for House), 21 years. Ala., 75; Fl, 132: 
 Ind., 172; Iowa, 185; Me., 241; Md., 261; Miss., 
 336; N. J., 413 ; Or., 450; Pa., 461 ; ,S: C, 483 ; Term., 
 493 ; Fa., 5.36. 24 years, iJeL 117. 25 years, K /S'., 
 Q ; Arh.,B5-IU., IbL 
 
 Age (for Senate), 21 years. Or., 450. 25 years. 
 ArTc., 85; Fla., 132; Ga., 144; Ind., 172; Me., 243; 
 
 Md., 261 ; Pa., 461 ; Va., 536. 27 years. Ala., 75 ; 
 Del, 117. 30 year-s. U. S., 10 ; III, 151 ■,Ky.,2\l; 
 Miss., 337; Mo., 352; iV. H., 403; K J., 413; iS. C, 
 483; re™., 493; Tex., 508; Vt., 528. 
 
 Sex and color : White male. Ala., 75; Ar7c.,85; 
 Fl, 132; III, 185; Mo., 352; Neb., 371; -SI C, 485; 
 Tex., 508. 
 
 Citizenship : Must be a citizen of the United States. 
 Ala., 75; Ark., 85; Fl, 132; Ga., 145; III, 151; 
 Ind., 172; Me., 241, (53); Md., 261; Mich., 301; 
 Miss., 336 ; Or., 450 ; Iknn., 493 ; Tex., 508. 
 
 Must have been a citizen of State 3 years. Del, 
 117. 
 
 Residence: In State, 1 year. Arh, 85; Del., 117; 
 (for House) ; Mi/ii., 323 ; N. J., 413 ; Wis., 562. 
 2 years. Ala., 75; Fl, 132; Ind., 173; Miss., 336; 
 N. H., 402 ; S. C, 483 (for House) ; Vt, 525. 3 years. 
 Del, 117 (Senate); Ga., 144; III, 151; Ind., 261; 
 Mo., 352; Pa., 461 ; Tenn., 493. 4 years. Miss., 337 ; 
 N. J., 413 ; Pa., 461. 5 years. S. C, 484 (Senate) ; 
 Tex., 507. 6 years. Ky., 211. 
 
 In county. 60 days. Iowa, 185. 6 months. Min., 
 323 ; S. C, 483, 484. 1 year. Ah,., 75 (Senate) ; 
 Ga., 145; Kan., 199; Ky., 211; Mass., 299; Mo., 
 352 ; N. a, 428 ; Ohio, 433 ; Pa., 461 ; Tenn., 493 ; 
 Tex., 507 ; W. Va., 550. 5 years. Mass., 299 (Senate.) 
 
 In town 1 year. N. K, 402 ; Vt., 522. 
 
 Absence from the State on business of the State 
 or of United States, during the above periods, not a 
 disqualification. Ohio, 433 ; Pa., 461, &c. 
 
 Qualifications of an elector. Kan., 199; Za., 226; 
 Min., 323 ; N. J., 403 ; Wis., 562. 
 
 An elector of district, 3 months. Me., 421. 1 year 
 Cal, 98; Ky., 211 ; La., 226; Mich., 301; Neh., 371 ; 
 Mv., 381 ; Va., 536. 
 
 Freehold qualifications. N. 0. (300 acres in fee in 
 district ; 100 acres in fee or term of his life, in dis- 
 trict for 1 year) 423. 428. 
 
 Taxpayer. Ill, 151; Mo., 352. 
 
 Religion, Protestant. N. K, 402, 403. 
 
 Representatives must be persons most noted for 
 wisdom and virtue. Vt., 523. 
 
 Removal from district, vacates office. Mass., 299 ■ 
 Mich., 301; Mo., 353; N. K, 402; S. C, 483; W. 
 Va., 550. 
 
 PAY OP LEGISLATORS. 
 
 — The members of the Legislature shall receive for 
 their services a compensation to be ascertained by 
 law, and paid out of the public treasury ; but no in- 
 crease of the compensation shall take effect during 
 the year in which it shall have been made. And no 
 
61 
 
 law shall be passed increasing the compensation of 
 the members of the Legislature beyond the sum 
 of three dollars a day. N. Y. (1821), 36. 
 — Each member of the General Assembly shall receive 
 from the public treasury such compensation for his 
 services as may be fixed by law ; but no increase of 
 compensation shall take effect during the session at 
 which such increase shall have been made. Ala., 76 ; 
 (nearly similar), Ark, 87; Cal, 79; Dei, 118; Fl, 
 133; Ind., 174; Miss., 338; Mo., 353; Nev., 383; 
 Tex., 608; Ya., 536. 
 
 — The pay of the members of the Legislature, until 
 some general system of salaries shall be fixed by law, 
 shall be for each member, five dollars per diem, and 
 twenty cents per mile in going to, and the same in 
 returning from the capital. Ark., 95. 
 — But no law varying ttie compensation shall take 
 effect, until an election of the Representatives shall 
 have intervened. Dd., 118. 
 
 — The sum of two dollars per day for the first forty- 
 two days' attendance, and one dollar per day for each 
 day's attendance thereafter, and ten cents for each 
 necessary mile's travel, going to and returning from 
 the seat of government, shall be allowed to the mem- 
 bers of the General Assembly, as a compensation for 
 their services, and no more. The Speaker of the 
 House of Representatives shall be allowed the sum 
 of one dollar per day, in addition to his per diem as 
 a member. lU., 153. 
 
 — Bills making appropriations for the pay of the 
 members and ofl&cers of the General Assembly, and 
 for the salaries of the officers of the government, 
 shall not contain any provision on any other subject. 
 in., 153. 
 
 — The per diem and mileage allowed to each member 
 of the General Assembly, shall be certified by the 
 Speakers of their respective Houses, and entered on 
 the journal, and published at the close of each 
 session. III., 153. 
 
 — Each member of the first General Assembly under 
 this Constitution shall receive three dollars per diem 
 while in session ; and the further sum of three dollars 
 for every twenty miles' travel in going to and return- 
 ing from the place where such session is held, by the 
 nearest traveled route ; after which they shall receive 
 such compensation as shall be fixed by law ; but no 
 General Assembly shall have the power to increase 
 the compensation of its own members. And when 
 convened in extra session they shall receive the same 
 mileage and per diem compensation as fixed by law 
 for the regular session, and none other. Iowa, 186. 
 — The members of the Legislature shall receive as 
 compensation for their services the sum of three dol- 
 lars for each day's actual service at any regular or 
 special session, and fifteen cents for each mile traveled 
 by the usual route in going to and returning from the 
 place of meeting; but such compensation shall not in 
 the aggregate exceed the sum of two hundred and 
 forty dollars for each member as per diem allowance 
 for the first session held under this Constitution, nor 
 more than one hundred and fifty dollars for each 
 session thereafter, nor more than ninety dollars for 
 any special session. Kan., 199. 
 — The members of the General Assembly shall sever- 
 ally receive from the public treasury a compensation 
 for their services, which shall be three dollars a day 
 during their attendance on, and twelve and a half 
 cents per mile for the necessary travel in going to, 
 and returning from, the sessions of their respective 
 houses ; Provided, That the same may be increased 
 or diminished by law; but no alteration shall take 
 effect during the session at which such alteration 
 shall be made ; nor shall a session of the General 
 Assembly continue beyond sixty days, except by a 
 vote of two- thirds of all the members elected to 
 each House, but this shall not apply to the first ses- 
 sion held under this Constitution. Ky., 211. 
 — The members of the General Assembly shall 
 receive from the public treasury a compensation for 
 their services, which shall be eight dollars per day, 
 during their attendance, going to and returning from 
 the sessions of their respective Houses. The com- 
 16 
 
 pensation may be increased or diminished by law, 
 but no alteration shall take effect during the period 
 of service of the members of the House of Repre- 
 sentatives by whom such alteration shall have been 
 made. No session shall extend to a period beyond 
 sixty days, to date from its commencement, and any 
 legislative action had after the expiration of the said 
 sixty days, shall be null and void. This provision 
 shall not apply to the first Legislature which is to 
 convene after the adoption of this Constitution. La., 
 228. 
 
 — The Senators and Representatives shall receive 
 such compensation as shall be established by law, 
 but no law increasing their compensation shall take 
 effect during the existence of the Legislature which 
 enacted it. The expenses of the members of the 
 House of Representatives, in traveling to the Legis- 
 lature and returning therefrom, once in each session, 
 and no more, shall be paid by the State, out of the 
 public treasury, to every member who shall seasona- 
 bly attend, in the judgment of the House, and does 
 not depart therefrom without leave. Me., 244. 
 — The General Assembly shall continue its session so 
 long as in its judgment the public interest may re- 
 quire, and each member thereof shall receive a com- 
 pensation of five dollars per diem for every day he 
 shall attend the sessions, but shall receive no per 
 diem when absent, unless absent, on account of sick- 
 ness; Provided, however. That no member shall re- 
 ceive any other or larger sura than four hundred 
 dollars. When the General Assembly shall be con- 
 vened by proclamation of the Governor, the session 
 shall not continue longer than thirty days, and in 
 such case the compensation shall be at the rate of five 
 dollars per diem. Md., 261. 
 
 — The compensation of the members of the Legisla- 
 ture shall be three dollars a day for actual attendance 
 and when absent on account of sickness for the first 
 sixty days of the session of the year one thousand 
 eight hundred and fifty-one, and for the first forty 
 days of every subsequent session, and nothing theie- 
 after. When convened in extra session their com- 
 pensation shall be three dollars a day for the first 
 twenty days, and nothing thereafter; and they shall 
 legislate on no other subjects than those expressly 
 stated in the Governor's proclamation, or submitted 
 to them by special message. They shall be entitled 
 to ten cents and no more for every mile actually 
 traveled, going to and returning fiom the place of 
 meeting, on the usually traveled route ; and for sta- 
 tionery and newspapers not exceeding five dollars 
 for each member during any session. Each member 
 shall be entitled to one copy of the laws, journals 
 and documents of the Legislature of which he was a 
 member ; but shall not receive at the expense of the 
 State, books, newspapers, or other perquisites of 
 office, not expressly authorized by this Constitution. 
 Mich., 302. 
 
 — The President of the Senate and the Speaker of the 
 House of Representatives shall be entitled to the 
 same per diem compensation and mileage as members 
 of the Legislature and no more. Mich., 302. 
 — The compensation of Senators and Representatives 
 shall be three dollars per diem, during the first ses- 
 sion, but may afterwards be prescribed by law. But 
 no increase of compensation shall be prescribed which 
 shall take effect during the period for which the 
 members of the existing House of Representatives 
 may have been elected. Minn., 321. 
 — Each member of the Legislature shall receive for 
 his services three dollars for each day's attendance 
 during the session, and ten cents for every mile he 
 shall travel in going to and returning from the place 
 of the meeting of the Legislature, on the most usual 
 route. Neb., 372. 
 
 Provided, however. That they shall not receive pay 
 for more than forty days at any one session. 
 — The Speaker of the Assembly, and Lieutenant- 
 Governor, and President of the Senate, shall each, 
 during the time of their actual attendance as such 
 presiding officers, receive an additional allowance of 
 two dollars per diem. Nev., 383. 
 
63 
 
 — The members of both Houses of the Legislature 
 shall be compensated for their services out of the 
 treasury of the State, by a law made for that pur- 
 pose; such members attending seasonably, and not 
 departing without license. N. H., 902. 
 — Members of the Senate and General Assembly 
 shall receive a compensation for their services, to be 
 ascertained by law, and paid out of the treasury of 
 the State ; which compensation shall not exceed the 
 sura of three dollars per day for the period of forty 
 days from the commencement of the session ; and 
 shall not exceed the sura of one dollar and fifty cents 
 per day for the remainder of the session. When 
 convened in extra session by the Governor they shall 
 receive such sum as shall be fixed for the first forty 
 days of the ordinary session. They shall also re- 
 ceive the sura of one dollar for every ten miles they 
 shall travel in going to and returning frora their 
 place of meeting, on the most usual route. The 
 President of the Senate and the Speaker Of the 
 House of Assembly shall, in virtue of their offices, 
 receive an additional compensation, equal to one-third 
 of their per diera allowance as members. N. J., 414. 
 — The General Assembly, in cases not provided for in 
 this Constitution, shall fix the term of office and. the 
 compensation of all officers; but no change therein 
 shall affect the salary of any officer during his exist- 
 ing term, unless the office be abolished. Ohio, 437. 
 — The members and officers of the General Assembly 
 shall receive a fixed compensation, to be prescribed 
 by law, and no other allowance or perquisites, either 
 in ^the payment of postage or otherwise ; and no 
 change in their compensation shall take effect during 
 their term of office. Ohio, 435. 
 — The members of the Legislative Assembly shall 
 receive for their services a sum not exceeding three 
 dollars a day from the commencement of the session ; 
 but such pay shall not exceed m the aggregate one 
 hundred and twenty dollars for per diem allowance 
 for any one session. Or., 452. 
 — When convened in extra session by the Governor, 
 they shall receive three dollars per day : but no extra 
 session shall continue for at longer period than twenty 
 days. They shall also receive the sum of three dol- 
 lars for every twenty miles they shall travel in going 
 to and returning from their place of meeting, on the 
 most usual route. The. presiding officers of the 
 Assembly shall, in virtue of their office, receive an 
 additional compensation equal to two-thirds of their 
 per diem allowance as members. Or., 452. 
 — The Senators and Representatives shall receive a 
 compensation for. their services to be ascertained by 
 law, and paid out of the treasury of the Common- 
 wealth. Pa., 462. 
 
 — :-The Senators and Representatives shall receive the 
 sum of one dollar for every day of attendance, and 
 eight cents per mile for traveling expenses in going 
 to or returning froiii the General Assembly. The 
 General Assembly shall regulate the compensation of 
 the Governor and all other officers; subject to the 
 limitations contained in the Constitution. R. I., 476. 
 — The members of the General Assembly, who shalf 
 meet under this Constitution, shall be entitled to 
 receive out of the public treasury, for their expenses 
 during their attendance on, going to, and returning 
 from, the General Assembly, five dollars for each 
 day's attendance, and twenty cents for every mile 
 of the ordinary rpute of travel between the residence 
 of the member and the capital or other place of sit- 
 ting of the General Assembly, both going and return- 
 ing ; and the same may be increased or diminished 
 by law, if circuihstances shall require; but no altera- 
 tion shall be made to take effect during the existence 
 of the General Assembly which shall make such 
 alteration. 8. C., 484. 
 
 — The sum of four dollars per day, and four dollars 
 for every twenty-five miles traveling to and from the 
 seat of government, shall be allowed to the members 
 of the first General Assembly, as a compensation for 
 their services. The compensation of the members of 
 the succeeding Legislatures shall be ascertained by 
 law ; but no law increasing the compensation of the 
 
 members shall take effect until the commencement of 
 the next regular session after such law shall have been 
 enacted. Tenn., 493. 
 
 Senators and Delegates shall receive for their ser- 
 vices a compensation not exceeding three dollars a 
 day during the session of the Legislature, and also ten 
 cents for every mile they shall travel in going to and 
 returning from the place of meeting, by the most 
 direct route. The President of the Senate and 
 Speaker of the House shall, respectively, receive an 
 additional compensation of two dollars a day. W. 
 Va., 551. 
 
 — Bach member of the Legislature shall receive for 
 his services, two dollars and fifty cents for each day's 
 attendance during the session, arid ten cents for every 
 mile he shall travel in going to and returning from 
 the place of the meeting of the Legislature, on the 
 most usual loute. Wis., 563. 
 
 — The members of the Legislature shall, at their first 
 session hereafter, receive from the Tieiis-ury of the 
 State, as their compensation, eight dollars for each 
 day they shall be in attendance, and eight dollars for 
 each twenty-five miles in travehng to and from the 
 seat of government. The above rates of compensa- 
 tion shall remain till changed by law. Tex., 509. 
 
 TIME OF MEETING OP LEGISLATURE- 
 LIMITATION OF SESSIONS. 
 
 —The General Assembly shall meet annually, on such 
 day as may be by law prescribed ; and shall not 
 remain in session longer than thirty days, unless by 
 a vote of two-thirds of each House. Ah., 76. 
 — The General Assembly shall meet every two years, 
 on the first Monday in November, at the seat of 
 government, until changed by law, except that the 
 General Assembly for the year 1864, shall meet on 
 the second Monday in April of that year. Ark., 85. 
 — The sessions of the Legislature shall be annual, and 
 shall commence on the first Monday of January next 
 ensuing the election of its members, unless the Gov- 
 ernor of the State shall, in the interim, convene the 
 Legislature by proclamation. Cat, 98. 
 — There shall be one stated session of the General 
 Assembly, to be holdeu in each year, alternately at 
 Hartford and New Haven, on the first Wednesday of 
 May, and at such other times as the General Assembly 
 shall judge necessary ; the first session to be holden 
 at Hartford; but the person administering the office 
 of Governor may, on special emergencies, convene 
 the General Assembly at either of said places, at any 
 other time. And in case of danger fiom the preva- 
 lence of contagious diseases in either of said places, 
 or other circumstances, the person administering the 
 office of Governor, may by proclamation, convene 
 said Assembly at any other place in this State. Ci., 
 108. 
 
 — The General Assembly shall meet on the first Tues- 
 day of January next, and shall not be within the 
 amended provision respecting biennial sessions, which 
 biennial sessions shall commence with the session of 
 the General Assembly on the first Tuesday of Janu- 
 ary in the year of our Lord one thousand eight 
 hundred and thirty-three. Del, 126. 
 —The General Assembly shall meet' on the first 
 Tuesday of January, biennially, unless sooner con- 
 vened by the Governor. Del., 118. 
 —The session of the General Assembly shall not 
 extend in duration over thirty days, unless it be 
 deemed expedient by a concurrent mnjority of two- 
 thirds of the members of each House ; and no mem- 
 ber shall receive pay from the State for his services 
 after the expirjition of sixty days continuously from 
 the commencement of the session. FJa., 133. 
 — 'The first meeting of the General Assembly, under 
 this Constitution, shall be on the first Mondyin 
 December next, after which, it shall meet annually 
 on the first Thursday in November, or on such other 
 day as the General Assembly may prescribe. Ga 
 143. ■' 
 
 — No session of the General Assembly, after the first 
 
63 
 
 above mentioned, shall continue longer than forty 
 days, unless prolonged by a vote of two-thirds of 
 each branch thereof. Qa., 143. 
 — The first session of the General Assembly shall 
 commence on the 6rst Monday of January, one thou- 
 sand eight hunilred and forty-nine; and forever after, 
 the General Assembly shall n:ieet on the first Mon- 
 day of January next ensuing the election of the 
 members thereof, and at no other period, unless as 
 provided by this Consiilution. Ill, 152. 
 — The sessions of the General Assembly shall be 
 held biennially at the capital of the State, commenc- 
 ing on the Thursday next after the first Monday of 
 January, in the year one thousand eight hundred and 
 fifty-tliree, and on the same day of every second 
 year thereafter, unless a ditferent day or place shall 
 have been appointed by law. But if in the opinion 
 of the Governor the public welfare shall require it, 
 he may at any time, by proclamation, call a special 
 session. Ind., 173. 
 
 — No session of the General Assembly, except the 
 first under this Constitution, shall extend beyond the 
 term of sixty-one days, nor any special session 
 beyond the term of forty days. Ind., 174. 
 — Tlie sessions of the General Assembly shall be 
 biennial, and shall commence on the second Monday 
 in January next ensuing the election of its members; 
 unless the Governor of the State shall, in the mean 
 time, convene the General Assembly by proclama- 
 tion. Iowa, 185. 
 
 — All sessions of the Legislature shall be held at the 
 State capital, and all regular sessions shall commence 
 annually on the second Tuesday of January. Kan., 
 200. 
 
 — The General Assembly shall convene on the first 
 Monday in November, after the adoption of this Con- 
 stitution, and again on the first Monday in Novem- 
 ber, 1851, and on the same day of every second year 
 thereafter, unless a diflerent day be appointed by law, 
 and their sessions shall be held at the seat flf govern- 
 ment. Ky., 211. 
 
 — The General Assembly shall meet annually on the 
 first Monday in January, unless a different day be 
 appointed by law, and their sessions shall be held at 
 the seat of government. La., 225. 
 — The Legislature shall convene on the first Wednes- 
 day of January, annually, and shall have full power 
 to make and establish all reasonable laws and regula- 
 tions for the defense and benefit of the people of this 
 State, not repusrnant to this Constitution, nor to that 
 of the United Stales. Me., 243. 
 — The annual meeting of the legislature shall be on 
 the first Wednesday of January, in each year; and 
 the Governor and other State officers elected for the 
 political year commencing on tlie second Wednesday 
 of May, in the year of our Lord one thousand eight 
 hundred and fifty-one, shall hold their offices till the 
 first Wednesday of Januaiy, in the year of our Lord 
 one thousand eight hundred and fifty-two. Me., 253. 
 — That for the redress of grievances, and for amend- 
 ing, strengthening and preserving the laws, the Leg- 
 islature ought to be frequently convened. Md., 254. 
 — The General Assembly shall meet on the first 
 Wednesday of January, eighteen hundred and sixty- 
 five, and on the same day in every second year there- 
 after, and at no other time, unless convened by the 
 proclamation of the Governor. Md., 261. 
 — The Legislature ought frequently to assemble for 
 the redress of grievances, for correcting, strengthen- 
 ing and confirming the laws, and for making new 
 laws, as the common good may require. Mass., 282. 
 — The Lesfislature shall meet at the seat of govern- 
 ment on the first Wednesday in February next, and 
 on the first Wednesday in January of every second 
 year thereafter, and at no other place or time, unless 
 as provided in this Constitution. Mich., 303. 
 — Shall meet at the seat of government of the State, 
 at such time as shall be prescribed by law. Minn., 321. 
 —The fii«t session of the Legislature of the State of 
 Minnesota shall commence on the first Wednesday 
 of December next, and shall be held at the capitol in 
 the city of St. Paul. Minn., 330. 
 
 — The Legislature shall convene on the first Monday 
 of November, 1857, and biennially thereafter, but 
 may be specially convoked by the Governor at other 
 times. Mm., 344. 
 
 — The General Assembly, elected in the year one 
 thousand eight hundred and sixty-six, shall meet on 
 the first Wednesday in January, one thousand eight 
 hundred and sixty-seven ; and thereafter the General 
 Assembly shall meet, in regular session, once in every 
 two years; and such meeting shall be on the first 
 Wednesday of January, unless a different day be 
 fixed by law. Mo., 354. 
 
 — The first session of the Legislature under this Con- 
 stitution shall be held on the fourth day of July, one 
 thousand eight hundred and sixty-six; and all regu- 
 lar sessions thereafter shall commence on the first 
 Thursday after the first Monday in January, bienni- 
 ally. But the Legislature may, on extraordinary 
 occasions, be convened by proclamation of the Gov- 
 ernor, and when so convened shall transact no busi- 
 ness, except such as relates to the objects for which 
 they were so convened, to be stated in the proclama- 
 tion of the Governor. Neb., 372. 
 — The sessions of the Legislature shall be biennial, 
 and shall commence on the first Monday of January 
 next ensuing the election of members of the Assem- 
 bly, unless the Governor of the State shall, in the 
 interim, convene the Legislature by proclamation. 
 Neb., 381. 
 
 — The first regular session of the Legislature under 
 the Constitution may extend to ninety days, but no 
 , subsequent regular session shall exceed sixty days, 
 nor any special session convened by the Governor 
 exceed twenty days. Nev., 383. 
 — The restriction of the pay of members of the 
 Legislature, after forty days from the commencement 
 of the session, shall net be applied to the first Legis- 
 lature convened under this Constitution. N. J., 421. 
 — The General Assembly which shall convene in 
 December, eighteen hundred and thirty-eighty shall 
 continue its session, as heretofore, notwithstanding 
 the provision in the eleventh session of the first arti- 
 cle, and shall at all times be regarded as the first 
 General Assembly under the amended Constitution. 
 Pa., 469. 
 
 — The Senate and House shall assemble every year 
 on the first Wednesday of June, and at such other 
 times as they may judge necessary; and shall dis- 
 solve and be dissolved seven days next preceding the 
 first said Wednesday of June, and shall be styled 
 the General Court of New Hampshire. N. H., 
 .401. 
 
 — The General Assembly shall meet biennially, and 
 at each biennial session shall elect, by joint vote of 
 the two Houses, a Secretary of State, Treasurer and 
 Council of State, who shall continue in office for the 
 term of two years. N. C, 428, 
 — All regular sessions of the General Assembly shall 
 commence on the first Monday of January, bienni- 
 ally. The first session under this Constitution, shall 
 commence on the first Monday of January, one thou- 
 sand eight hundred and fifty-two. Ohio, 435. 
 — The sessions of the Legislative Assembly shall be 
 held biennially at the capital of the State, commenc- 
 ing on the second Monday of September in the year 
 eighteen hundred and fifty-eight, and on the same 
 day of every second year thereafter, unless a differ- 
 ent day shall have been appointed by law. Or., 450. 
 — The General Assembly shall meet on the first 
 Tuesday of January in every year, unless sooner 
 convened by the Governor. Pa., 462. 
 — There shall be two sessions of the General Assem- 
 bly, holden annually ; one at Newport, on the first 
 Tuesday of May, for the purpose of election and 
 other business; the other on the last Monday of Oc- 
 tober, which last session shall be holden at South 
 Kingstown once in two years, and the intermediate 
 years alternately at Bristol and East Greenwich ; and 
 an adjournment from the October session shall be 
 holden annually at Providence. R. I., 475. 
 — There shall be one session of thcGeneral Assembly 
 holden annually, commencing on the last Tuesday in 
 
64 
 
 1 S 7. Ifo member of the Legislature shall receive any civil appointment 
 
 2 within this State, or to the Senate of the United States, from the Governor, 
 
 3 the Governor and Senate, or from the Legislature during the time for which 
 
 4 he shall have been elected ; and all such appointments and all votes given 
 
 5 for any such member for any such office or appointment shall be void. 
 
 May, at Newport, and an adjournment from the same 
 sbail be holden annually at Providence. R. I., 481. 
 — The first session of the General Assembly shall 
 commence on the first Monday in October, one 
 thousand eight hundred and thirty-five ; and forever 
 thereafter the General Assembly shall meet on the 
 first Monday in October next ensuing the election. 
 Tenn., 493. 
 
 [Legislature meets second Tuesday of October.] Vt, 
 523. 
 
 — The General Assembly shall meet annually and not 
 oftener, unless convened by the Governor in the 
 manner prescribed by this Constitution. Va., 536. 
 — No session of the General Assembly, after the first 
 under this Constitution, shall continue longer than 
 sixty days, without the concurrence of three-fifths of 
 the members elected to each House, in which case 
 the session may be extended for a further period, not 
 exceeding thirty days. Va., 536. 
 — The Legislature shall meet once in every year, and 
 not oftener, unless convened by the Governor. The 
 regular sessions shall begin on the third Tuesday of 
 January. W. Va., 551. 
 
 — When, for any cause, the Legislature, in the opinion 
 of the Governor, cannot safely meet at the seat of 
 government, the Governor, by proclamation, may 
 convene them at another place. W. Va., 551. 
 — No session of the Legislature, after the first, shall 
 continue longer than forty-five days, without the 
 concurrence of three-fourths of the members elected 
 to each branch. W. Va., 551. 
 
 —The Legislature shall meet at the seat of govern- 
 ment, at such time as shall be provided by law, once 
 in each year, and not oftener, unless convened by the 
 Governor. Wis., 563. 
 
 LEGISLATORS TO HOLD NO OTHER OFFICE 
 — NON-ACCOTJNTING HOLDERS OF PUB- 
 LIC MONEY NOT ELIGIBLE. 
 
 — No member of the Legislature shall receive any 
 civil appointment from the Governor and Senate, or 
 from the Legislature during the term for which he 
 shall have been elected, N. Y. (1821), 36. 
 — No person being a member of Congress, or hold- 
 ing any judicial or military office under the United 
 States, shall hold a seat in the Legislature. And if 
 any person shall, while a member of the Legislature, 
 be elected to Congress, or appointed to any office, 
 civil or military, under the government of the United 
 States, his acceptance thereof shall vacate his seat. 
 N. Y. (1821), 36. 
 
 — No person who holds any lucrative office under 
 the United States, or under this State, or under any 
 other State or government (except Postmasters, 
 officers in the militia to whose office no annual salary 
 is attached. Justices of the Peace, Members of the 
 Court of County Commissioners, Notaries Public and 
 Commissioners of Deeds, excepted), no person who 
 has been convicted of having given or offered any 
 bribe to procure his election ; no person who has 
 been convicted of bribery, forgery, perjury or other 
 high crime or misdemeanor which may be by law 
 declared to disqualify him ; and no person who has 
 been a collector of public moneys and has failed to 
 account for and pay over into the treasury all sums 
 for which he may be by law accountable, shall be 
 eligible to the General Assembly. Ala., 75. 
 
 — No Senator or Representative shall, during the 
 term for which he was elected, be appointed to any 
 civil office of profit under this State, except such 
 offices as may be filled by elections by the people. 
 Ala., 76. 
 
 — No person who now is, or shall be hereafter, a col- 
 lector or holder of public money, nor any assistant 
 or deputy of such holder or collector of public money, 
 shall be eligible to a seat in either House of the Gen- 
 eral Assembly, nor to any office of trust or profit; 
 until he shall have accounted for and paid over all 
 sums for which he may have been liable. Arh., 86 ; 
 Ky., 212; Ky., 261. 
 
 — No Senator or Representative shall, during the 
 term for which he shall have been elected, be 
 appointed to any civil office under this State which 
 shall have been created, or the emoluments of which 
 shall have been increased during his continuance in 
 office, except to such office as shall be filled by the 
 election of the people. Arh., 86 ; (nearly similar), 
 Cal, 98; Fla-., 136; Ind., 174; Iowa, 186; Ky., 211; 
 Miss., 338; Mo., 353 ; Or., 452 ; Va., 536. 
 — No Judge of the Supreme, Circuit, or inferior 
 courts of law, or equity, Secretary of State, Attor- 
 ney-General of the State, District Attorneys, State 
 Auditor or Treasurer, Register or Recorder, Clerk of 
 any court of record, Sheriff', Coroner or Member of 
 Congress, or any other person holding any lucrative 
 office under the United States or this State (militia 
 officers. Justices of the Peace, Postmasters and 
 Judges of the county court excepted), shall be eligi- 
 ble to a seat in either House of the General Assem- 
 bly. Arh., 86. 
 
 — No judge of the superior court, and of the supreme 
 court of errors; no member of Congress; no person 
 holding any office under the authority of the United 
 States ; no person holding the office of Treasurer, 
 Secretary or Comptroller; no Sheriff' or Sheriff's 
 deputy, shall be a member of the General Assembly. 
 Ct., 113. 
 
 — Provided, That this prohibition shall not extend to 
 members of the first Legislature. Me., 244. 
 — No Senator or Representative shall, during the time 
 for which he shall have been elected, be appointed to 
 any civil office under this State, which shall have 
 been created, or the emoluments of which shall 
 have been increased, during such time. No person 
 concerned in any army or navy contracts, no member 
 of Congress, nor any person holding any office under 
 this State or the United States, except the Attorney- 
 General, officers usually appointed by the Courts of 
 justice respectively. Attorneys at law, and officers in 
 the militia, holding no disqualifying office, shall, dur- 
 ing his continuance in Congress or in office, be a 
 Senator or Repre.sentative. Del., 118. 
 — No person elected to the General Assembly shall 
 receive any civil appointment within this State, or to 
 the Senate of the United States, from the Governor, 
 the Governor and Senate, or from the General 
 Assembly, during the term for which he shall have 
 been elected; and all such appointments, and all 
 votes given for any such member for any such office 
 or appointment, shall be void ; nor shall any member 
 of the General Assembly be interested, either directly 
 or indirectly, in any contract with the State, or any 
 county thereof, authorized by any law passed during 
 the time for which he shall have been elected, or 
 during one year after the expiration thereof. Ill 
 152 , Mich., 302. - ' 
 
65 
 
 1 § 8. Ifo person being a Member of Congress, or holding any judicial or 
 
 2 military office under the United States, shall hold a seat in the Legislature. 
 
 3 And if any person shall, after his election as a Member of the Legislature, be 
 
 4 elected to Congress, or appointed to any office, civil or military, under the 
 
 5 Government of the United States, his acceptance thereof shall vacate his seat. 
 
 — No member of Congress, nor person holding or 
 exercising any office of trust or profit under the 
 United States, or either of them, or under any foreign 
 power, shall he eligible as a member of the General 
 Assembly of this Commonwealth, or hold or exercise 
 any office of trust and profit under the same. Ky., 
 220 ; La., 233. 
 
 — No Senator or Representative shall, during the 
 term for which he was elected, nor for one year 
 thereafter, be appointed to anji, civil office of profit 
 under this State, which shall have been created, or 
 the emoluments of which shall been increased during 
 the time such Senator or Representative was in office, 
 except to such offices as may be filled by the election 
 of the people. La., 229 ; Nev., 382. 
 — No person who, at any time, may have been a col- 
 lector of taxes, whether State, parish or municipal, or 
 who may have been otherwise intrusted with public 
 money, shall be eligible to the General Assembly, or 
 to any office of profit or trust, under the State gov- 
 ernment, until he shall have obtained a discharge for 
 the amount of such collections, and for all public 
 moneys with which he may have been intrusted. 
 La., 229. 
 
 — No Senator or Delegate, after qualifying as such, 
 notwithstanding he may thereafter resign, shall, dur- 
 ing the whole period of time for which he was elected, 
 be eligible to any office which shall have been created, 
 or the salary or profits of which shaU have been 
 increased during such term, or shall, during said 
 whole period of time, be appointed to any civil office 
 by the Executive or General Assembly. Md., 262. 
 — No person holding any civil office of profit or trust 
 under this State, except Justices of the Peace, shaE 
 be eligible to the office of Senator or Delegate. Md., 
 261. 
 
 — No person holding the office of Judge of the 
 Supreme Judicial Court, Secretary, Attorney-General 
 [Solicitor-General], Treasurer or Receiver-General, 
 Judge of Probate, Commissary-General — President, 
 Professor or Instructor of Harvard College — Sheriff, 
 Clerk of the House of Representatives, Register of 
 Probate, Register of Deeds, Clerk of the Supreme 
 Judicial Court — [Clerk of the Inferior Court of Com- 
 mon Pleas] — or officer of the customs, including, in 
 this description, naval officers — shall, at the same 
 time, have a seat in the Senate or House of Repre- 
 sentatives; but their being chosen or appointed to, 
 and accepting the same, shall operate as a resignation 
 of their seat in the Senate or House of Representa- 
 tives ; and the place so vacated shall be filled up. 
 
 And the same rule shall t&ke place in case any 
 Judge of the said Supreme Judicial Court, or Judge 
 of Probate shall accept a seat in Council; or any 
 Councillor shall accept of either of those offices or 
 places. Mass., 292. 
 
 — No person holding any office under the United 
 States (or this State), or any county office, except 
 Notaries Public, officers of the militia and officers 
 elected by townships, shall be eligible to or have a 
 seat in either House of the Legislature, and all votes 
 given for any such person shall be void. Mich., 301. 
 
 No Senator or Representative shall, during the 
 
 time for which he is elected, hold any office under 
 tlie authority of the United States, or the State of 
 Minnesota, except that of postmaster; and no Senator 
 or Representative shall hold an office under the 
 State, which had been created, or the emoluments of 
 which had been increased during the session of the 
 Legislature of which he was a member, until one year 
 17 
 
 after the expiration of his term of office in the Legis- 
 lature. Minn., 321. 
 
 — No member of either House of the Legislature 
 shall, after the commencement of the first session of 
 the Legislature after his election, and during the 
 remainder of the term for which he is elected, be 
 eligible to any office or place, the appointment to 
 which may be made in whole or in part by either 
 branch of the Legislature. Miss., 338. 
 — No member of the Legislature shall, during the 
 term for which he was elected, be appointed or 
 elected to any civil office in the State which shall 
 have been created, or the emoluments of which shall 
 have been increased, during the term for which he 
 was elected. Neb., 372 ; (nearly similar), N. J., 414 ; 
 Pa., 462; Wis., 563. 
 
 — No Justice of the Supreme Court, nor judge of 
 any other court, Sherifi^, Justice of the Peace, nor any 
 person or persons possessed of any office of profit 
 under the government of the State, shall be entitled 
 to a seat either in the Senate or in the General 
 Assembly ; but on being elected and taking his seat, 
 his office shall be considered vacant; and no person 
 holding any office of profit under the government of 
 the United States shall be entitled to a seat in either 
 house. N. J., 414. 
 
 — That no Judge of the Supreme Court of law or 
 equity, or Judge of Admiralty, shall have a seat in 
 the Senate, House of Commons or Council of State. 
 N. C, 425. 
 
 — No person who shall hold any office or place of 
 trust or profit under the United States, or any de- 
 partment thereof, or under this State, or any other 
 State or Government, shall hold or exercise any 
 other office or place of trust or profit under the 
 authority of this State, or be eligible to a seat in 
 either House of the General Assembly; Provided, 
 That nothing herein contained shall extend to officers 
 in the militia or Justices of the Peace. N. C, 430. 
 — No person holding office under the authority of 
 the United States, or any lucrative office under the 
 authorify of this State, shall be eligible to, or have a 
 seat in the General Assembly; but this provision 
 shall not extend to township officers. Justices of the 
 Peace, Notaries Public, or officers of the miUtia. 
 Ohio, 433. 
 
 — No Senator or Representative shall, during the 
 term for which he shall have been elected, or for one 
 year thereafter, be appointed to any civil office under 
 this State which shall be created, or the emoluments 
 of which shall have been increased during the term 
 for which he shall have been elected. Ohio., 434. 
 — And no member of Congress or other person hold- 
 ing any office (except of attorney at law and in the 
 militia), under the United States or this Common- 
 wealth, shall be a member of either House during his 
 continuance in Congress or in office. Pa., 462. 
 — No judge of any court of law or equity. Secretary 
 of State, Attorney-General, Register, Clerk of any 
 Court of Record, or person holding any office under 
 the authority of the United States, shall have a seat 
 in the General Assembly; nor shall any person in 
 this State hold more than one lucrative office at the 
 same time; Provided, That no appointment in the 
 militia, or to the office of Justice of the Peace, shall 
 be considered a lucrative office, or operate as a dis- 
 qualification to a seat in either House of the General 
 Assembly. Tenn., 494. 
 
 — No Senator or Representative shall during the 
 time for which he was elected be eligible to any 
 
66 
 
 1 §9. The elections of Senators and Members of Assembly, pursuant to the 
 
 2 provisions of this Constitution, shall be held on the Tuesday succeeding the 
 
 3 first Monday of November, unless otherwise directed by the Legislature. 
 
 office or place of trust, the appointment to which is 
 vested in the executive or the General Assembly, 
 except to the office of trustee of a Uterary institu- 
 tion. Tenn., 493. 
 
 — ^No person shall be eligible to a seat in the General 
 Assembly whilst he holds any office of profit or trust 
 under this State, the United States of America, or 
 any of them, or under any other power, except 
 officers in the militia, army or navy of this State, 
 magistrates, or justices of inferior courts, while such 
 justices receive no salaries ; nor shall any contractor 
 of the army or navy of this State, the United States 
 of America, or any of them, or the agents of such 
 contractor, be eligible to a seat in either House. 
 And if any member shall accept or exercise any of 
 said disqualifying offices, he shall vacate his seat. 
 ^. C, 484. 
 
 — No Senator or Representative shall, during the 
 term for which he may be elected, be eligible to any 
 office of profit under this State, which shall have 
 been created or the emoluments of which may have 
 been increased during such term ; and no member of 
 either House of the Legislature shall during the term 
 for which he is elected [although he may resign his 
 seat as such member, shall] be eligible to any office 
 or place, the appointment to which may be made, in 
 whole or in part, by either branch of the Legislature ; 
 [nor shall members of either House vote for a mem- 
 ber of their own body, though he resign his seat in 
 the same, for Senator in the Congress of the United 
 States;] nor shall members thereof be capable of 
 voting for a member of their own body, for any 
 office whatever, except it be [for Speaker of the 
 House of Representatives and President for the time 
 being of the Senate, who shall be elected from their 
 respective bodies]. Tex., 508. 
 
 — No minister of the Gospel, priest of any religious 
 denomination, or salaried officer of any banking cor- 
 poration or company, and no attorney for the Com- 
 monwealth, shall be capable of being elected a mem- 
 ber of either House of the General Assembly. The 
 removal of any person elected to either branch of 
 the General Assembly from the city, county, town 
 or district for which he was elected, shall vacate his 
 office. Va., 536. 
 
 •^No person holding an office of profit under this 
 State, or the United States, shall be a member of the 
 Legislature. W. Va., 550. 
 
 —No person being a member of Congress, or holding 
 any military or civil office under the United States, 
 shall be eligible to a seat in the Legislature ; and if 
 any person shall, after his election as a member of 
 the Legislature, be elected to Congress, or be ap- 
 pointed to any office, civil or military, under the 
 government of the United States, his acceptance 
 thereof shall vacate his seat. Wis., 563. 
 
 VACANCIES IN OFFICE OF MEMBER OR 
 SENATOR, 
 
 — When vacancies happen in either liouse, the Gov- 
 ernor, or the person exercising the powers of Gover- 
 nor for the time being, shall issue writs of election to 
 fill such vacancies. Ala., 76 ; (nearly similar), Ark., 
 86; Cal, 98; Del, 28; Oa., 147/ III, 153; Ind., 
 175; Iowa, 185; Ky., 212; Mick, 305; Minn., 322; 
 J/m, 337; J/o., 353; ^e5., 373; A'eu., 382; N. K, 
 402; N. a, 428; On, 453; Tex., 508; Wis., 563. 
 — If the office of Representative, or the office of 
 Senator beporne vacant before the regular expiration 
 of the term thereof, a Representative or Senator shall 
 be elected to fill such vacancy, and shall hold the 
 office for the residue of said term. Dd., 118. 
 
 — When there is a vacancy in either house of the 
 General Assembly, and the General Assembly is not 
 in session, the Governor shall have power to issue a 
 writ of election to fill such vacancy ; which writ shall 
 be executed as a writ issued by a speaker of either 
 House in case of vacancy. Dd., 118. 
 — Any vacancy in the Senate shall be filled by elec- 
 tion by the people of the unrepresented district, upon 
 the order of a majority of the Senators elected. 
 Mass., 300. 
 
 — Whenever the seat of a member shall be vacated, 
 by death, resignation, or otherwise, the vacancy may 
 be filled by a new election. Me., 242. 
 — When vacancies happen in either House, the 
 Speaker shall issue writs of election to fill such 
 vacancies. Pa., 462. 
 
 — Vacancies from any cause, in the Senate or House 
 of Representatives may be filled by a new election. 
 R. I., 479 ; (nearly similar), Kan., 199. 
 — And should the Governor fail to issue a writ of 
 election to fill such vacancies, the returning officer for 
 the district or county shall be authorized to order an 
 election for that purpo.se. Tex., 508. 
 — The General Assembly shall make provision by law 
 for filling vacancies that may occur in either House 
 by the death, resignation (or otherwise) of any of its 
 members. Fl, 122. 
 
 — All vacancies which may happen in either House 
 shall, for the unexpired term, be filled by election, as 
 shall be directed by law. Ohio, 434. 
 — Each House shall direct writs of election for sup- 
 plying vacancies occasioned by death, resignation, or 
 otherwise ; but if vacancies occur dnrmg the recess 
 of the Legislature, the writs may be issued by the 
 Governor, under such regulations as may be pre- 
 scribed by law. N. J., 414. 
 
 — If any election district shall neglect to choose a 
 member or members on the day of election, or if any 
 person chosen a member of either House shall refuse 
 to qualify and take his seat, or shall resign, die, depart 
 the State, accept any disqualifying office, or become 
 otherwise disqualified to hold his seat, a writ of elec- 
 tion shall be issued by the President of the Senate, 
 or Speaker of the House of Representatives, as the 
 case may be, for the purpose of filling the vacancy 
 thereby occasioned, for the remainder of the term for 
 which the person so refusing to qualify, resigning, 
 dying, departing the State, or becoming disqualified, 
 was elected to serve, or the defaulting election dis- 
 trict ought to have chosen a member or members. 
 8. a, 484. 
 
 — When vacancies happen in either House, writs of 
 election shall be issued by the Speakers respectively, 
 or in cases of necessity, in such other manner as shall 
 be provided by law; and the persons thereupon 
 chosen shall hold their seats as long as those in whose 
 stead they are elected might have done, if such 
 vacancies had not happened. Del., 118. 
 —The General Assembly shall regulate by law, by 
 whom and in what manner writs of election shall be 
 issued to fill the vacancies which may happen in 
 either branch thereof La., 229. 
 — When, during a recess of the Legislative Assembly, 
 a vacancy shall happen in any office the appointment 
 to which is vested in the Legislative Assembly, or 
 when at any time a vacancy shall have occurred in 
 any other State office, or in the office 'of judge of any 
 court, the Governor shall fill such vacancy by appoint- 
 ment, which shall expire when a successor shall have 
 been elected and qualified. Or., 453. 
 — If any member of the Senate or General Assem- 
 bly shall be elected to represent this State in the 
 Senate or House of Representatives of the United 
 States, and shall accept thereof, or shall accept of 
 
67 
 
 1 § 10, A majority of each House shall constitute a quorum to do business. 
 
 2 Each House shall determine the rules of its own ijroceedings, and be the judge 
 
 3 of the elections, returns and qualifications of its own members ; shall choose 
 
 4 its own officers ; and the Senate shall choose a temporary president, when the 
 
 5 Lieutenant-Governor shall not attend as president, or shall act as Governor. 
 
 any office or appointment under the government of 
 the United States, his seat in the Legislature of this 
 State shall thereby by vacated. N. J., 413. 
 — The two Houses shall direct writs of election for 
 supplying intermediate vacancies. N. C, 424. 
 — And in case the elections required by this Consti- 
 tution on the first Wednesday of January, annually, 
 by the two Houses of the Legislature, shall not be 
 completed on that day, the same may be adjourned 
 from day to day until completed, in the following 
 order: The vacancies in the Senate shall first be 
 filled; the Governor shall then be elected, if there be 
 no choice by the people; and afterwards, the two 
 Houses shall elect the Council. Me., 247. 
 — The members of the House of Representatives, 
 and such Senators as shall be declared elected shall 
 take the names of such persons as shall be found to 
 have the highest number of votes in such district, 
 and not elected, amounting to twice the number of 
 Senators wanting, if there be so many voted for, and 
 out of these shall elect by ballot a number of Sena- 
 tors sufficient to fill up the vacancies in such district ; 
 and in this manner all such vacancies shall be filled 
 up in every district of the Commonwealth ; and in 
 like manner all vacancies in the Senate, arising by 
 death, removal out of the State or otherwise, shall 
 be supplied as soon as may be after such vacancies 
 shall happen. Mass., 285. 
 
 — Bach House shall settle its own rules of proceed- 
 ing, and direct writs of election for supplying inter- 
 mediate vacancies, but if vacancies shall occur during 
 the recess of the General Assembly, such writs may 
 be issued by the Governor, under such regulations as 
 may be prescribed by law. Va., 536. 
 
 NUMBER FORMING A QUORUM. 
 
 — A majority of the said members shall, from time 
 to time, constitute a House to proceed upon busi- 
 ness. N. Y. (1777), 28; (1821,) 35. 
 — ^Bach House shall determine the rules of its own 
 proceedings, and be the judge of the qualifications 
 of its own members. Each House shall choose its 
 own officers ; and the Senate shall choose a tempo- 
 rary President, when the Lieutenant-Governor shall 
 not attend as President, or shall act as Governor. 
 K Y. (1821), 35. 
 
 — A majority of each House shall constitute a quorum 
 to do business ; but a smaller number may adjourn 
 from day to day, and may compel the attendance of 
 absent members, in such manner, and under such 
 penalties, as each House may provide. Ah., 76 ; 
 CaL 98; Ct., 109; Ft, 132; Ga., 143; Iowa, 185; 
 Aara., 199; Md., 262; Mich., 302; Min., 321; Mo., 
 353; Mb., 372; Mv., 382; N. J., 414; Ohio, 433; 
 Po., 412; R I., 476; Vt, 528; Va., 536; W. Va., 
 551; Wis., 562; Miss., 337; S. C, 483. 
 
 Two-thirds of each House shall constitute a 
 
 quorum to do business, but a smaller number may 
 adjourn from day to day, and compel the attendance 
 of absent members, in such manner and under such 
 penalties as each House shall provide. Ark, 86 ; III, 
 152; Ind., 173; Or-., 460; Tewn., 493; Tex., 508. 
 —Each House shall judge of the elections, returns 
 and qualifications of its own members; and a majority 
 
 of each shall constitute a quorum to do business; but 
 a smaller number may adjourn from day to day, and 
 shall be authorized to compel the attendance of absent 
 members, in such manner, and under such penalties 
 as shall be deemed expedient. Bel, 118 ; Me., 243. 
 — A quorum being in attendance, if either House fail 
 to effect an organization within the first five days 
 thereafter, the members of the House so failing shall 
 be entitled to no compensation from the end of the 
 said five days until an organization shall have been 
 efi'ected. Ind., 173. 
 
 — Not less than a majority of the members of each 
 House of the General Assembly shall constitute a 
 quorum to do business, but a smaller number may 
 adjourn from day to day, and shall be authorized by 
 law to compel the attendance of absent members, in 
 such manner and under such penalties as may be pre- 
 scribed thereby. Ky., 211 ; La., 228. 
 ■ — ^Not less than one hundred members of the House 
 of Representatives shall constitute a quorum for 
 doing business ; but a less number may organize 
 temporarily, adjourn from day to day, and compel the 
 attendance of absent members. Mass., 292. 
 — Not less than sixteen members of the Senate shall 
 constitute a quorum for doing business. Mass., 285. 
 — A majority of the members of the House of Repre- 
 sentatives shall be a quorum for doing business ; but 
 when less than two-thirds of the Representatives 
 elected shall be present, the assent of two-thirds of 
 those members shall be necessary to render their acts 
 and proceedings valid. N. H., 403 ; Or., 460. 
 — That neither House of the General Assembly shall 
 proceed upon public business, unless a majority of all 
 the members of such House are actually present. 
 N. a, 426. 
 
 — The mode of organizing the House of Representa- 
 tives, at the commencement of each regular session, 
 shall be prescribed by law. Neh., 372 ; Ohio, 434. 
 — The organization of the two Houses may be regu- 
 lated by law, subject to the limitations contained in 
 this Constitution. B. I., 476. 
 
 POWERS OF THE LEGISLATURE— -ORGANI- 
 ZATION AND BUSINESS OF THE TWO 
 HOUSES. 
 
 — That the Senate and House of Commons, when 
 met, shall each have power to choose a Speaker, and 
 their other officers ; be judges of the qualifications 
 and elections of 'their members ; sit upon their own 
 adjournments from day to day; and prepare bills to 
 be passed into laws. The two Houses shall direct 
 writs of election, for supplying intermediate vacan- 
 cies ; and shall also jointly, by ballot, adjourn them- 
 selves to any future day and place. N. C., 424. 
 — The presiding officer shall be styled the President 
 of the Senate, and shall be elected viva voce from 
 their own body. Ga., 144. 
 
 —The presiding officer of the House of Representa- 
 tives shall be styled the Speaker, and shall be elected 
 viva voce from their own body. Ga., 145. 
 — The Senate shall appoint their president and other 
 officers, and determine their own rules of proceed- 
 ings. And not less than seven members of the Sen- 
 ate shall make a quorum for doing business; and 
 
G8 
 
 when less than eight Senators shall be present, the 
 assent of five, at least, shall be necessary to render 
 their acts and proceedings valid. N. H., 404. 
 — Each House shall have all powers necessary for a 
 branch of the legislative department of a free and 
 independent State. Ind., 173 ; Or., 451. 
 — The General Assembly shall continue to exercise 
 the powers they have hitherto exercised, unless pro- 
 hibited by the Constitution. R. I., 476. 
 — Be it ordained, That the Legislature of this State, 
 shall have full and complete, ample and plenary pov?er 
 and right to ascertain, adjust and settle, any and all' 
 pecuniary liability and indebtedness of this State, or 
 the citizens thereof, to the government of the United 
 States of America, under and by reason of the 
 revenue laws of the latter, either past, present or 
 future ; and to provide by law or otherwise, in such 
 way and manner, and on such terms as the Legislature 
 may in its opinion, deem or declare to be most wise, 
 judicious and expedient for the ascertainment, adjust- 
 ment and present or ultimate settlement and pay- 
 ment of the same; hereby intending to confer, and 
 actually conferring upon the Legislature of this State, 
 full and absolute power, and right to pledge and use 
 the faith and credit of the State, and to do and per- 
 form whatever is or may be necessary, proper or 
 expedient in the premises aforesaid. 
 
 Adopted August 24, 1865. Miss., 345. 
 — And further, full power and authority are hereby 
 given and granted to the said Q-eneral Court from 
 time to time, to make, ordain and establish all man- 
 Tier of wholesome and reasonaljle orders, laws, stat- 
 utes and ordinances, directions and instructions, 
 either with penalties or without, so as the same be 
 not repugnant or contrary to this Constitution, as 
 they shall judge to be for the good and welfare of 
 this Commonwealth, and for the government and 
 ordering thereof, and of the subjects of the same, 
 and for the necessary support and defense of the 
 government thereof; and to name and settle annually, 
 or provide by fixed laws, for the naming and settling 
 all civil officers within the said Commonwealth, the 
 election and constitution of whom are not hereafter 
 in this form of government otherwise provided for ; 
 and to set forth the several duties, powers and limits 
 of the several civil and military oflBcers of this Com- 
 monwealth, and the forms of such oaths or affirma- 
 tions as shall be respectively administered unto them 
 for the execution of their several offices and places 
 so as the same be not repugnant or contrary to this 
 Constitution; and to impose and levy proportional 
 and reasonable assessments, rates and taxes upon all 
 the inhabitants of, and persons resident, and estates 
 lying within the said Commonwealth ; and also to 
 impose and levy reasonable duties and excises upon 
 any produce, goods, wares, merchandise and com- 
 modities whatsoever, brought into, produced, manu- 
 factured, or being within the same, to be issued and 
 disposed of by warrant, under the hand of the Gov- 
 ernor of this commonwealth, for the time being, with 
 the advice and consent of the Council, for the public 
 service, in the necessary defense and support of the 
 government of the said Commonwealth, and the 
 protection and preservation of the subjects thereof, 
 according to such acts as are or shall be in force 
 within the same. Mass., 283. 
 
 — They may administer oaths and affirmations in 
 matters depending before them ; redress grievances, 
 impeach State criminals, grant charters of incorpora- 
 tion, constitute towns, boroughs, cities and counties ; 
 they may annually, on their first session after their 
 election [in conjunction with the Council] (or oftener 
 if need be), elect judges of the Supreme [and several 
 County and Probate] Courts, [Sheriffs and Justices of 
 the Peace,] and also [with the Council] may elect 
 Major-Generals and Brigadier Generals, from time to 
 time, as often as there shall be occasion; and they 
 shall have all other powers necessary for the Legisla- 
 ture of a free and sovereign State. But they shall 
 have no power to add to, alter, abolish or infringe 
 any part of this Constitution. Vt, 523. 
 
 DECISIONS UPON QUALIFICATION OF MEM- 
 BERS— PUNISHME15T FOR DISORDEKLT 
 ,CONDUOT. 
 
 — Each House may determine the rules of its own 
 proceedings, punish members for disorderly behavior, 
 and, with the consent of two-thirds, expel a mem- 
 ber, but not a second time for the same offense; and 
 shall have all other powers necessary for a branch of 
 the Legislature of a free and independent State. 
 Ala., 76; Ct, 100; Del 118; Iowa, 185; Miss. 337; 
 Neb., 372; Pa., 462; Term., 493. 
 — Bach House may, during the session, punish by 
 imprisonment any person, not a member, for disre- 
 spectful or disorderly behavior in its presence [Tenn., 
 493], or for obstructing any of its proceedings; Pro- 
 vided, That such imprisonment shall not, at any one 
 time, exceed forty-eight hours. Ala., 76; Miss., 337; 
 Tex., 508. 
 
 — And each House may punish, by fine and imprison- 
 ment, any person not a member, who shall be guilty 
 of disrespect to the House, by any disorderly or con- 
 temptuous behavior in their presence during their 
 session, but such imprisonment shall not extend be- 
 yond the final adjournrtient of that session. Ark., 86. 
 — Bach House, during the session, may punish, by 
 imprisonment, any person not a member, for disre- 
 spectful or disorderly behaTior in its presence, or for 
 obstructing any of its proceedings, provided such im- 
 prisonment shall not extend beyond the end of the 
 session. PI., 132. 
 
 — Bach House shall determine the rules of its own 
 proceedings, and may, with the concurrence of two- 
 thirds of all the members elected, expel a member. 
 Oal 98. 
 
 — Bach House may determine the rules of its own 
 proceedings, punish its members for disorderly be- 
 havior, and, with the consent of two-thirds, expel a 
 member, but not a second time for the same cause. 
 Fl., 132; Ind., 173; Ky., 211; La., 228; Arh., 86; 
 Me., 243; Md., 262; Or., 451; R. I., 475; W. Va., 
 551; Fa., 536; Ms., 562; Tex., b08. 
 — Each House shall be the judge of the election re- 
 turns and qualifications of its own members ; and shall 
 have power to punish them for disorderly behavior 
 or misconduct, by censure, fine, imprisonment or ex- 
 pulsion ; but no member shall be expelled except by 
 a vote of two-thirds of the House from which he is 
 expelled. Ga., 145. 
 
 — Each House may punish, by imprisonment, not 
 extending beyond the session, any person not a 
 member, who shall be guilty of a contempt by any 
 disorderly behavior in its presence ; or who, during 
 the session, shall threaten injury to the person or 
 estate of any member, for anything said or done in 
 either House; or who shall assault or arrest any wit- 
 ness going to or r(;turning from, or who shall rescue, 
 or attempt to rescue, any person arrested by either 
 House. Ga., 145. 
 
 — Each House may determine the rules of its pro- 
 ceedings, punish its members for disorderly behavior, 
 and with the concurrence of two-thirds of all the 
 members elected, expel a member, but not a second 
 time for the same cause; and the reason for such 
 expul.=,ion shall be entered upon the journal, with the 
 names of the members voting on the question. III., 
 152. 
 
 — Each House may punish, by imprisonment, during 
 its session, any person not a member, who shall be 
 guilty of disrespect to the House, by any disorderly 
 or contemptuous behavior in their presence : Pro- 
 vided, such imprisonment shall not, at any one time, 
 exceed twenty-four hours. Ill, 153 ; Ind., 173 ; Or. 
 451 ; Mm., 322. 
 
 — Each House of the General Assembly shall judge 
 of the qualifications, elections, and returns of its 
 members; but a contested election shall be deter- 
 mined in such manner as shall be directed by law. 
 .Kj/., 211; Zo., 228; Pa., 262. 
 
 — Each House may punish, by imprisonment, any 
 person not a member, for disrespectful and disorderly 
 behavior in its presence, or for obstructing any of its 
 
G9 
 
 proceedings. Such imprisonment shall not exceed 
 ten days for any one offense. La., 228. 
 — Each House may punish, by imprisonment during 
 the session of the General Assembly, any person not 
 a member, for disrespectful or disorderly behavior in 
 its presence, or for obstructing any of its proceed- 
 ings, or any of its officers in the execution of their 
 duties ; provided such imprisonment shall not, at any 
 one time, exceed ten days. Md., 262 ; (similar ex- 
 cept term of imprisonment vyhioh may not extend 
 beyond the period of session) Me., 243; Nev., 382. 
 — The House of Representatives shall be the judge 
 of the returns, elections and qualifications of its ovi'n 
 members, as pointed out in the Constitution; shall 
 choose their own Speaker, appoint their own officers, 
 and settle the rules and order of proceeding in their 
 own House. They shall have authority to punish by 
 imprisonment, every person, not a member, who 
 shall be guilty of disrespect to the House, by any 
 disorderly or contemptuous behavior in its presence ; 
 or who, in the town where the General Court is 
 sitting, and during the time of its sitting, shall 
 threaten harm to the body or estate of any of its 
 members, for anything said or done in the House ; 
 or who shall assault any of them therefor; or who 
 shall assault or arrest any witness, or other person, 
 ordered to attend the House, in his way in going or 
 returning; or who shall rescue any person arrested 
 by the order of the House. Mass., 286. 
 — The Senate shall have the same powers in the hke 
 cases ; and the Governor and Council shall have the 
 same authority to punish in hke cases; Provided, 
 That no imprisonment, on the warrant or order of 
 the Governor, Council, Senate or House of Eepre- 
 sentatives, for either of the above described offenses, 
 be for a term exceeding thirty days. Mass., 286. 
 — Bach House shall be a judge of the election re- 
 turns, and eligilDility of its own members. Cal., 98 ; 
 Mass., 286; Minn., 321; W. Va., 551. 
 — Each House may determine the rules of its pro- 
 ceedings, sit upon its own adjournment, punish its 
 members for disorderly behavior, and, with the con- 
 currence of two-thirds, expel a member, but no 
 member shall be expelled a second time for the same 
 offense. Minn., 321. 
 
 — Bach House shall choose its own officers, deter- 
 mine the rules of its proceedings, and judge of the 
 qualifications, election and return of its members, 
 and may, with the concurrence of two-thirds of all 
 the members elected, expel a member. No member 
 shall be expelled a second time for the same cause, 
 nor for any cause known to his constituents, antece- 
 dent to his election. The reason for such expulsion 
 shall be entered upon the journal, with the names of 
 the members voting on the question. Mich., 302. 
 — Each House shall appoint; its own officers; shall 
 judge of the qualifications, elections and returns of 
 its own members, may determine the rules of its pro- 
 ceedings; may arrest and punish, by fine, not exceed- 
 ing three hundred dollars, or by imprisonment in a 
 county jail not exceeding ten days, or both, any per- 
 son, not a member, who shall be guilty of disrespect 
 to the House, by any disorderly or contemptuous 
 behavior in its presence during its session ; may pun- 
 ish its members for disorderly behavior, and, with 
 the concurrence of two-thirds of all the members 
 elected, may expel a member ; but no member shall 
 be expelled a second time for the same cause. Mo., 
 353. 
 
 — Bach House shall choose its own officers, determine 
 the rules of its proceedings, punish its members for 
 disorderly behavior, and, with the concurrence of 
 two-thirds, may expel a member. N. J., 414. 
 — Each House shall judge of the qualifications, elec- 
 tions and returns of its own members, choose its own 
 officers (except the President of the Senate), deter- 
 mine the rules of its proceedings, and may punish its 
 members for disorderly conduct, and, with the con- 
 currence of two-thirds of all the members elected, 
 expel a member. Nev., 382. 
 
 — The House of Representatives shall choose Jiheir 
 own Speaker, appoint; their own officers, and settle 
 18 
 
 the rules of proceedings in their own House; and 
 shall be judge of the returns, elections and qualifica- 
 tions of its members, as pointed out in this Constitu- 
 tion. They shall have authority to punish by 
 imprisonment every person who shall be guilty of 
 disrespect to the House in its presence by any dis- 
 orderly and contemptuous behavior, or by threatening 
 or ill-treating any of its members; or by obstructing 
 Its deliberations ; every person guilty of a breach of 
 its privileges in making arrests for debt, or by assault- 
 ing any member during his attendance at any session ; 
 in assaulting or disturbing any one of its officers in the 
 execution of any order or procedure of the House ; 
 in assaulting any witness or other person ordered to 
 attend, by and during his attendance of the House, 
 or in rescuing any person arrested by order of the 
 House, knowing them to be such. N. K, 403. 
 — The Senate, Governor and Council shall have the 
 same power in like cases ; provided that no imprison- 
 ment by either, for any offense, exceed ten days. N. 
 5., 403. 
 
 — The Senate shall be final judges of the elections, 
 returns and qualifications of their own members, as 
 pointed out in this Constitution. N. H., 404. 
 — Bach House, when assembled, shall choose its own 
 officers ; judge of the election, qualifications, and 
 returns of its own members ; determine its own rules 
 of proceeding, and sit upon its own adjournments. 
 
 •^-Each House, except as otherwise provided in this 
 Constitution, shall choose its own officers, may deter- 
 mine its own rules of proceeding, punish its members 
 for disorderly conduct, and, with the concurrence 
 of two-thirds, expel a member, but not the second 
 time for the same cause; and shall have all other 
 powers necessary to provide for its safety and the 
 undisturbed transaction of its business. Ohio, 434. 
 — Each House shall choose its own officers, determine 
 its rules of proceeding, punish its members for disor- 
 derly behavior, and, with the concurrence of two- 
 thirds, expel a member, but not a second time for the 
 same cause. S. C, 483. 
 
 — Bach House may punish, by imprisonment, during 
 its sitting, any person, not a member, who shall be 
 guilty of disrespect to the House by any disorderly 
 or contemptuous behavior in its presence ; or who, 
 during the time of its sitting, shall threaten harm to 
 body or estate of any member for anything said or 
 done in either House, or who shall assault any of 
 them therefor, or who shall assault or arrest any wit- 
 ness or other person ordered to attend the House, in 
 his going thereto, or returning therefrom, or who 
 shall rescue any person arrested by order of the 
 House. S. a, 484; Mass., 286. 
 — They shall have power to choose their Speaker, 
 their Clerk and other necessary officers of the House ; 
 sit on their own adjournments; prepare bills and 
 enact them into laws; judge of the elections and 
 qualifications of their own members ; they may expel 
 members, but not for causes known to their consti- 
 tuents antecedent to their election. Vt, b'lZ. 
 — Each House shall judge of the election, qualifica- 
 tion and returns of its members, may punish them 
 for disorderly behavior, and, with the concurrence of 
 two-thirds, expel a member, but not a second time 
 for the same offense. Va., 536. 
 — Each branch shall have the power necessary to 
 provide for its own safety, and the undisturbed 
 transaction of its business, and may punish, by 
 imprisonment, any person, not a member, for disre- 
 spectful behavior in its presence; obstructing any of 
 its proceedings, or any of its officers in the discharge 
 of his duties; or for any assault, threatening or abuse 
 of a member for words spoken in debate. But such 
 imprisonment shall not extend beyond the termina- 
 tion of the session, and shall not prevent the punish- 
 ment of any offense by the ordinary course of law. 
 W. Va., 551. 
 
 — Each House shall be the judge of the elections, 
 returns and qualifications of its own members. Arh, 
 86; iVe6., 373; N. J., 414; Ohio, 433; Fl, 132; 
 Wis., 562; ZH., 152 ; Joiwo, 185; Mss.,337; *& a,483. 
 
70 
 
 1 S 11. Bach House shall keep a journal of its proceedings, and publish the 
 
 2 same, except such parts as may require secrecy. The doors of each House 
 
 3 shall be kept open, except when the public welfare shall require secrecy. 
 
 4 Neither House shall, without the consent of the other, adjourn for more than 
 
 5 two days. 
 
 — ^Each House shall establish its own rules, and shall 
 be judge of the elections, returns and qualifications 
 of its own members. Kan., 199. 
 
 EACH HOUSE MAY CHOOSE ITS OWN 
 OFFICERS. 
 
 — That the Assembly, thus constituted, shall choose 
 their own speaker, be judges of their own members, 
 and enjoy the same privileges, and proceed in doing 
 business, in like manner, as the assemblies of the 
 colony of New York of right formerly did. N. Y., 
 (1777), 21. 
 
 — At the first regular called session after each general 
 election for Representatives, the Senate shall choose 
 a President and its other ofiScers, and the House of 
 Representatives shall choose a Speaker and its 
 other oflScers; and the ofl&cers so chosen shall be 
 entitled to hold their respective ofSces until the next 
 general election for Representatives. Each House 
 shall judge of the qualifications, elections, and returns 
 of its own members ; but a contested election shaU 
 be determined in such manner as may be by law 
 provided. Ah,., 76. 
 
 — The House of Representatives, when assembled, 
 shall choose a Speaker, Clerk, and other officers. The 
 Senate shall choose its Clerk and other officers, 
 except the President. Ct, 109. 
 — Each House shall choose its Speaker and other 
 officers ; and also each House whose Speaker shall 
 exercise the office of Q-overnor, may choose a Speaker 
 pro tempore. Fl., 132. 
 
 — The Senate and House of Representatives, when 
 assembled, snail each choose a. Speaker arid other 
 officers (the Speaker of the Senate excepted). Each 
 House shall judge of the quaUfications and' election 
 of its members, and sit upon its own adjournments. 
 Ind., 173 ; lU., 152. 
 
 — The House of Representatives shall choose its 
 Speaker and other officers. Ky., 210. 
 — The House of Representatives shall choose their 
 Speaker, Clerk, and other officers. Me., 242 ; Mass., 
 286. 
 
 — The Senate shall choose their President, Secretary, 
 and other officers. Me., 242. 
 
 — The Senate shall choose its own President, appoint 
 its own officers, and determine its own rules of pro- 
 ceedings. Mass., 285. 
 
 — The House of Representatives shall elect its pre- 
 siding officer, and the Senate and House of Repre- 
 sentatives shall elect such other officers as may be 
 provided by law. Min., 321. 
 
 — The House of Representatives shall choose their 
 own Speaker, appoint their own officers, and settle 
 the rules of proceedings in their own House. N. B 
 403. ■' 
 
 — Each House shall choose its Speaker and other 
 officers, and the Senate shall also choose a Speaker 
 pro tempore, when, the Speaker shall exercise the 
 office of Governor. Pa., 462. 
 — The House of Representatives shall have authority 
 to elect its Speaker, Clerks, and other officers. The 
 senior member from the town of Newport, if any be 
 present, shall preside in the organization of the 
 House. R. L, 477. 
 
 — The House of Delegates shall choose its own 
 Speaker, and in the absence of the Lieutenant-Q-ov- 
 ernor, or when he shall exercise the office of Gov- 
 
 ernor, the Senate shall choose from their own body 
 a President pro tempore, and each House shall appoint 
 its own officers. Fas., 536. 
 
 — The House of Representatives, when assembled, 
 shall elect a Speaker and its other officers, and the 
 Senate shall choose a President for the time being 
 and its other officers. Each House shall judge of 
 the qualifications and elections of its own members, 
 but contested elections shall be determined in such 
 manner as shall be directed by law. Tex., 508. 
 — The Senate shall choose from their own body a 
 President, and the House of Delegates one of their 
 own number as Speaker. Each branch shall appoint 
 its own officers and remove them at pleasure ; and 
 shall determine its own rules of proceeding. W. Va., 
 551. 
 
 — Each House shall choose its own officers, and the 
 Senate shall choose a temporary President, when the 
 Lieutenant-Gover^ior shall not attend as President, 
 or shall act as Governor. Wis., 562. 
 — The elective officers of the Legislature, other than 
 the Presiding officers, shall be a Chief Clerk and a 
 Sergeant-at-Arms, to be elected by each House. 
 Wis., 571. 
 
 — The Senate and House of Representatives, when 
 assembled, shall each choose a Speaker and its other 
 officers, be judges of the qualifications and election of 
 its members, and sit upon its own adjournments from 
 day to day. Tenn., 493. 
 
 — The Senate shall have the like powers to decide 
 on the election and qualifications of, and to expel 
 any of its members ; make its own rules and appoint 
 its own officers, as are incident to, or are possessed 
 by the House of Representatives. Vt., 528. 
 
 JOURNAL OP PROCEEDINGS — RIGHT OF 
 RECORDING PROTEST. 
 
 — And the journal of all their proceedings shall be 
 kept in the manner heretofore accustomed by the 
 General As.sembly of the colony of New York ; and 
 (except such parts as they shall, as aforesaid, respec- 
 tively determine not to be made public), be from day 
 to day (if the business of the Legislature will permit) 
 published. N. Y. (1777), 28. 
 
 — Each House shall keep a journal of its proceedings 
 and publish the same, except such parts as may 
 require secrecy. The doors of each House shall be 
 kept open, except when the public welfare shall 
 require secrecy. Neither House shall, -without the 
 consent of the other, adjourn for more than two 
 days. N. Y. (1821), 35. 
 
 —Each House shall keep a journal of its own pro- 
 ceedings, and cause the same to be published imme- 
 diately after its adjournment, excepting such parts as, 
 m Its judgment, may require seciecy ; and the yeas 
 and nays of the members of either House, on any 
 question, shall, at the desire of any two members 
 present, be entered on the journals. Any member 
 of either House shall have liberty to dissent from 
 and protest against, any act or resolution which he 
 may think injurious to the public or to an individual 
 and have the reasons of his dissent entered on the 
 journals. Ah,., 76. 
 
 — They shall each, from time to time, publish a jour- 
 nal oi their proceedings, except sucli parts as may 
 require secrecy; and the yeas and nays upon any 
 
71 
 
 question sliall be entered on the journal at the desire 
 of any five members. Ark., 86 ; (nearly similar) Md., 
 252. 
 
 — Each House shall keep a journal of its own pro- 
 ceedings, and publish the same; and the yeas and 
 nays of the members of either House on any question 
 shall, at the desire of any three members present, 
 be entered on the journal. Cal, 98 ; Miss., 337 ; Nev., 
 382 ; Tex., 508 ; (similar, except request of two mem- 
 bers), III, 152-. 
 
 — Each House shall keep a journal of its proceedings, 
 and publish the same when required by one-fifth of 
 its members, except such parts as, in the judgment 
 of a majority, require secrecy. The yeas and nays of 
 tlie members of either House shall, at the desire of 
 one-fifth of those present, be entered on the journals. 
 Ct., 109 ; Me., 243 ; (nearly similar), Mich., 302. 
 — Bach House shall keep a journal of its proceedings, 
 and publish them immediately after every session, 
 except such parts as may require secrecy, and the 
 yeas and nays of the members on any question shall, 
 at the desire of any member, be entered on the jour- 
 nal. Del 118. 
 
 — Each House shall keep a journal of its proceedings, 
 and cause the same to be published immediately after 
 its adjournment; and the yeas and nays of the mem- 
 bers of each House shall be taken and entered upon 
 the journals upon the final passage of every bill, and 
 may by any two members, be required upon any 
 other question; and any member of either House 
 shall have liberty to dissent from or protest against 
 any act or resolution which he may think injurious to 
 the public, or an individual, and have the reasons of 
 his dissent entered on the journal. JFl, 132. 
 — Each House shall keep a journal of its proceedings 
 and publish them immediately after its adjournment. 
 The yeas and nays of the members on any question, 
 shall, at the desire of one-fifth of the members pres- 
 ent, be entered on the journals. The original jour- 
 nals shall be preserved (after publication) in the oflBce 
 of the Secretary of State ; but there shall be no other 
 record thereof. Ga., 145. 
 
 — Whenever this Constitution requires an act to be 
 passed by two-thirds of both Houses, the yeas and 
 nays on the passage thereof, shall be entered on the 
 journals of each. 6a., 145. 
 
 — Any two members of either House shall have lib- 
 erty to dissent and protest against any act or resolution 
 which they may think injurious to the public, or to 
 any individual, and have the reasons of their dissent 
 entered on their journals. III., 152; Min., 312. 
 — Any member of either House shall have the right 
 to protest, and to have his protest, with his reasons 
 for dissent, entered on the journal. Ind., 174; (nearly 
 similar,) Mich., 302 ; K C, 426 ; Or., 451. 
 — Each House shall keep a journal of its proceedings, 
 and publish the same. The yeas and nays on any 
 question shall, at the request of any two members, 
 be entered, together with the names of the members 
 demanding the same, on the journal ; Provided, That, 
 on a motion to adjourn, it shall require one-tenth of 
 the members present to order the yeas and nays. 
 Ind., 173. 
 
 — Every member of the Greneral Assembly shall have 
 the liberty to dissent from or protest against any act 
 or resolution which he may think injurious to the 
 public or any individual, and have the reasons for his 
 dissent entered on the journals; and the yeas and 
 nays of the members of either House, on any ques- 
 tion, shall, at the desire of any two members present, 
 be entered on the journals. Iowa, 185. 
 — Bach House shall sit upon its own adjournment, 
 keep a journal of its proceedings, and publish the 
 same. Iowa, 185; Min., 321. 
 
 — Each House shall keep and publish a journal of its 
 proceedings. The yeas and nays shall be taken and 
 enteied immediately on the journal, upon the final 
 passage of every bill or joint resolution. Neither 
 House, without the consent of the other, shall adjourn 
 for more than two days, Sundays excepted. Kim., 199. 
 — Any member of either House shall have the right 
 'vO protest against any act or resolution; and such 
 
 protest shall, without delay or alteration, be entered 
 on the journal. Kan., 199. 
 
 — Each House of the General Assembly shall keep 
 and publish, weekly, a journal of its proceedings, 
 and the yeas and nays of the members on any ques- 
 tion shall, at the desire of any two of them, be en- 
 tered on their journal. Ky., 211; La., 228. 
 — Bach House shall, from time to time, publish a 
 journal of its proceedings, except such parts thereof 
 as may, in its opinion, require secrecy ; and the yeas 
 and nays on any question shall be taken and entered 
 on the journal, at the desire of any two members. 
 Whenever the yeas and nays are demanded the 
 whole list of members shall be called, and the names 
 of absentees shall be noted, and published with the 
 journal. Mo., 353. 
 
 — Bach House shall keep a correct journal of its pro- 
 ceedings, which shall be published. At the desire of 
 any three members in the Senate, or any five mem- 
 bers in the House, the ayes and nays shall be en- 
 tered upon the journal, and on the passage of every 
 bill, in either House, the vote shall be taken by yeas 
 and nays, and entered upon the journal, and no law 
 shall be passed in either House without the concur- 
 rence of a majority of all the members elected thereto. 
 Neb, 372. 
 
 —Upon a motion made and seconded, the yeas and 
 nays, upon any question, shall be taken and entered 
 on the journals ; and that the journals of the proceed- 
 ings of both Houses of the General Assembly shall 
 be printed and made public, immediately after their 
 adjournment. N. C, 426. 
 
 — The journals of the proceedings, and all public 
 acts of both Houses of the Legislature, shall be printed 
 and published immediately after every adjournment 
 or prorogation ; and upon motion made by any one 
 member, the yeas and nays upon any question shall 
 be entered upon the journal ; and any member of 
 the Senate or House of Eepresentatives shall have a 
 right, on motion made at the same time for that pur- 
 pose, to have his protest or dissent, with the reasons, 
 against any vote, resolve or bill passed, entered on 
 the journal. N. K, 403. 
 
 — Each House shall keep a journal of its proceedings, 
 and from time to time publish the same; and the 
 yeas and nays of the members of either House on 
 any question shaU at the desire of one-fifth of those 
 present, be entered on the journal. N. J., 414. 
 — Any member of either House shall have the right 
 to protest against any act or resolution thereof; and 
 such protest, and the reasons therefor, shall, without 
 alteration, commitment, or delay, be entered upon 
 the journal. Ohio, 434. 
 
 — Bach House shall keep a correct journal of its pro- 
 ceedings, which shall be pubUshed. At the desire of 
 any two members the yeas and nays shall be entered 
 upon the journal ; and, on the passage of every bill, 
 in either House, the vote shall be taken by yeas and 
 nays and entered upon the journal ; and no law shall 
 be passed, in eithef House, without the concurrence 
 of a majority of all the members elected thereto. 
 Ohio, 434. 
 
 — Each House shall keep a journal of its proceedings. 
 The yeas and nays on any question shall, at the re- 
 quest of any two members, be entered, together with 
 the names of the members demanding the same, on 
 the journal ; Provided, That, on a motion to adjourn, 
 it shall require one-tenth of the members present to 
 order the yeas and nays. Or., 450. 
 — Each House shall keep a journal of its proceedings, 
 and publish them weekly, except such part as may 
 require secrecy ; and the yeas and nays of the mem- 
 bers on any question shall, at the desire of any two 
 of them, be entered on the journals. Pa., 462. 
 — Each House shall keep a journal of its proceedings. 
 The yeas and nays of the members of either House 
 shall, at the desire of one-fifth of those present, be 
 entered on the journal. R. I, 476. 
 — Any member of either House of the General 
 Assembly shall have liberty to dissent from, and pro- 
 test against any act or resolve which he may think 
 injurious to the public or to any individual, and to 
 
72 
 
 have the reasons for his dissent entered on the jour- 
 nals. Tenn., 494. 
 
 — The votes and proceedings of the General Assem- 
 bly shall be printed (when one-third of the members 
 think it necessary) as soon as convenient after the 
 end of each session, with the yeas and nays on any 
 question, when required by any member (except 
 where the vote shall be taken by ballot), in which 
 case every member shall have a right to insert the 
 reason of his vote upon the minutes. Vt., 524. 
 — Each House of the General Assembly shall keep a 
 journal of its proceedings, which shall be published 
 from time to time, and the yeas and nays of the 
 members of either House, on any question, shall, at 
 the desire of one-fifth of those present, be entered on 
 the journal. No bill shall become a law until it has 
 been read on three different days of the session in 
 the House in which it originated, unless two-thirds 
 of the members elected to that House shall otherwise 
 determine. Va., 537. 
 
 — On the passage of every act which imposes, con- 
 tinues or revives a tax, or creates a debt or charge, 
 or makes, continues or revives any appropriation of 
 public or trust money or property, or releases, dis- 
 charges or commutes any claim or demand of the 
 State, the vote shall be determined by yeas and nays, 
 and the names of the persons voting for and against 
 the same shall be entered on the journals of the 
 respective Houses, and a majority of all the members 
 elected to each House shall be necessary to give it 
 the force of a law. Va., 538. 
 
 — On the passage of every bill, the votes shall be 
 taken by yeas and nays, and be entered on the jour- 
 nal; and no bill shall be passed by either branch 
 without the affirmative vote of a majority of the 
 members elected thereto. W. Fa., 551. 
 — Each branch shall keep a journal of its proceeding, 
 and cause the same to be published from time to 
 time; and the yeas and nays on any question, if 
 called for by one-fifth of those present, shall be en- 
 tered on the journal. W. Va., 551. 
 — The yeas and nays of the members of either House 
 on any question, shall, at the request of one-sixth of 
 those present, be entered on the journal. Wis., 563. 
 — Each House shall keep a journal of its proceedings, 
 and publish the same, except such parts as require 
 secrecy. The doors of each House shall be kept 
 open except when the public welfare shall require 
 secrecy. Neither House shail, without consent of the 
 other, adjourn for more than three days. Wis., 562. 
 
 SESSIONS TO BE OPEN UNLESS THE PUBLIC 
 "WELFARE REQUIRES SECRECY. 
 
 — That the doors, both of the Senate and Assembly, 
 shall at all times be kept open to all persons, except 
 when the welfare of the State shall require their de- 
 bates to be kept secret. N. Y. (1777), 28. 
 — The doors of each House shalf be kept open, ex- 
 cept on such occasions as in the opinion of the House 
 may require secrecy. Ala., 76; Cat, 98; Ct, 109; 
 Dd., 118; Fl, 133; Ind., 173; Iowa, 185; Md., 262; 
 Mich., 302 ; Min., 322 ; Mo., 353 ; Nev., 382 ; (except 
 the Senate in Executive Session,) Nev., 382. 
 — The doors of each House shall be open, except on 
 such occasions of great emergency as in the opinion 
 of the House may require secrecy. Miss., 337. 
 — The doors of the galleries of each House of the 
 Legislature shall be kept open to all persons who 
 behave decently, except when the welfare of the 
 State, in the opinion of either branch, .shall require 
 secrecy. N. H., 402. 
 
 — The proceedings of both Houses shall be pubhc, 
 except in cases which, in the opinion of two-thirds 
 of those present, require secrecy. Ohio, 434. 
 — The doors of each House and of committees of the 
 whole shall be kept open, except in such cases as, in 
 the opinion of either House, may require secrecy. 
 Arle.,9,^; III, 153; On, 451 ; Pa., 426; Tenn., 493. 
 — The doers of each House shall be kept open. lix., 
 508. 
 
 — The doors of the House in which the General 
 Assembly of this Commonwealth shall sit, shall be 
 open for the admission of all persons who behave 
 decently, except only when the welfare of the State 
 may require them to be shut. Vi., 524. 
 
 ADJOURNMENTS BY THE LEGISLATURE. 
 
 — ^Neither House shall, without the consent of the 
 other, adjourn for more than three days, nor to any 
 other place than that in which they may be sitting. 
 Ah,., 76; Cat, 98; Dd., 118; Fl., 133; Ga., 145; 
 Iowa, 185; Ind., 173; Mich, 302; ^y., 211; La., 
 228; Miss., 337; Nev., 382; K Y., 414; Or., 450; 
 Pa., 462; S. C, 484; Tenn., 493; Tex., 508; Vt, 
 628 ; Va., 536. 
 
 [Adjournments limited to two days.] Me., 244; 
 Mass., 286; Kan., 199; Mo., 354; B. I., 475; N.K, 
 404; W. Fo., 55L 
 
 — Neither House shall, without the consent of the 
 other, adjourn for more than three days at any one 
 time, nor to any other place than that in which the 
 House shall be sitting, without the concurrent vote 
 of two-thirds of the members present. Md., 262. 
 — The Legislature, on the day of final adjournment, 
 shall adjourn at twelve o'clock at noon. Mich., 303. 
 — Neither House shall, during a session of the Legis- 
 lature, adjourn for more than three days (Sundays 
 excepted), nor to any other place than that in which 
 the two Houses shall be assembled, without the con- 
 sent of the other House. Min., 321. 
 — That neither the Assembly nor the Senate shall 
 have the power to adjourn themselves, for any longer 
 time than two days, without the mutual consent of 
 both. K Y, (1777), 28. 
 
 — Neither House shall, without the consent of the 
 other, adjourn for more than two days, Sundays 
 excluded ; nor to any other place than that, in which 
 the two Houses shaU be in session. Ohio, 437 ; IlL, 
 153. 
 
 ADJOURNMENTS BY THE GOVERNOR — 
 POWER OP EXECUTIVE TO PROROGUB 
 THE LEGISLATURE. - 
 
 — In case of a disagreement between the two Houses 
 with respect to the time of adjournment, the Gov- 
 ernor shall have power to adjourn the Legislature to 
 such time as he may think proper ; provided it be not 
 beyond the next time fixed for the meeting of the 
 next Legislature. Ala., 79; Ark., 89; Cal 100; 
 Ot, 110; Fl, 131; III, 158; Iowa, 188; Miss., 341; 
 Tex., 513. 
 
 — And in case of disagreement between the two 
 Houses, with respect to the time of adjournment, he 
 may adjourn them to such time as he shall think 
 proper, not exceeding four months. Ky., 213; La., 
 235 ; Pa., 463. 
 
 — In case of disagreement between the two House.% 
 on a question of adjournment, the Governor may 
 adjourn them. Ga., 145. 
 
 —In case of disagreement between the two Houses 
 in respect to the time of adjournment, he may ad- 
 journ the Legislature to such time as he may think 
 proper, not beyond its regular meeting. Kan., 198. 
 — The Governor, with advice of Council shall have 
 full power and authority, during the session of the 
 General Court, to adjourn or prorogue the same at 
 any time the two houses shall desire ; [and to dis- 
 solve the same on the day next preceding the last 
 Wednesday in May ; and in the recess of the said 
 court, to prorogue the same from time to time, not 
 exceeding ninety days in any one recess;] and to 
 call together sooner than the time to which it may 
 be adjourned or prorogued, if the welfare of the 
 Commonwealth shall require the same; and incase 
 of any infectious distemper prevailing in the place 
 where the said court is next at any time to convene 
 or any other cause happening whereby danger may 
 arise to the health or lives of the members from their 
 
73 
 
 attendance, he may direct the session to be held at 
 some other the most convenient place within the 
 State. 
 
 [And the Governor shall dissolve the said General 
 Court on the day next preceding the list "Wednesday 
 in May.J Mass., 287. 
 
 — In cases of disagreement between the two Houses, 
 with regard to the necessity, expediency or time of 
 adjournment or prorogation, the Governor, with 
 advice of the Council, shall have a right to adjourn 
 or prorogue the General Court, not exceeding ninety 
 days ; as he shall determine the public good shall 
 require. Mass., 287. 
 
 — In cases of disagreement between the two Houses 
 in respect to the time of adjournment, he shall have 
 power to adjourn the Legislature to such time as he 
 may think proper, but not beyond the regular meet- 
 ings thereof. Keb.. 374. 
 
 — In case of a disagreement between the two Houses 
 with respect to the time of adjournment, the Gov- 
 ernor shall have the power to adjourn the Legislature 
 to such time as he may think proper ; Provided, It 
 be not beyond the time fixed for the meeting of the 
 next Legislature. Nev., 385. 
 
 —In cases of disagreement between the two Houses 
 with regard to the time or place of adjournment or 
 prorogation, the Governor, witli advice of Council, 
 shall have a right to adjourn or prorogue the General 
 Court, not exceeding ninety days at any one time, as 
 he may determine the public good may require, and 
 he shall dissolve the same seven days before the said 
 first Wednesday of June. And in nase of any infec- 
 tious distemper prevailing in the place where the said 
 court at any time is to convene, or any other cau.^e 
 whereby dangers may arise to the health or lives of 
 the member."!, from their attendance, the Governor 
 may direct the session to be holden at some other, 
 the most convenient place within the State. iV". ff., 
 405. 
 
 — The Governor, with the advice of the Council, 
 shall have full power and authority, in recess of the 
 General Court, to prorogue the same from time to 
 time, not exceeding ninety days in any one recess of 
 said court ; and, during the sessions of said court, to 
 adjourn or prorogue it to any time the two Houses 
 may desire, and call it together sooner than the time 
 to which it may be adjourned or prorogued, if the 
 welfare of the State should require the same. iV. If., 
 406. 
 
 — In case of disagreement between the two Houses 
 in respect to the time of adjournment, he shall have 
 power to adjourn the General Assembly to such time 
 as he may think proper, but not beyond the regular 
 meetings thereof. Ohio, 436. 
 
 — In case of disagreement between the two Houses 
 of the General Assembly respecting the time or place 
 of adjournment, certified to him by either, be may 
 adjourn tliem to such time and place as he shall think 
 proper; Provided, That the time of adjournment shall 
 not extend beyond the day of the next stated ses- 
 sion. R. I., 477. 
 
 — And in case of disagreement between the two 
 Houses, with respect to adjournment, the Governor 
 may adjourn them to such time as he shall think 
 proper. Vt, 528. 
 
 [The Governor had power under the N. Y. Con- 
 stitution of 1777, to prorogue the Legislature for any 
 period not to exceed sixty days in a year.] 224. 
 — He may, on extraordinary occasions, convene the 
 Legislature ; and, in case of disagreement between 
 the two Houses with lespect to the time of adjourn- 
 ment, adjourn them to such time as he shall think 
 proper, not beyond the day of the next annual meet- 
 ini'; and if, since their last adjournment, the place 
 where the Legislature were next to convene shall 
 have become dangerous from an enemy, or contagious 
 sickness, may direct the session to be held at some 
 other convenient place within the State. Me., 245. 
 — He may, on extraordinary occasions, corlvene the 
 General Assembly, and should either House remain 
 without a quorum for three days, or in case of disa- 
 greement between the two Houses with respect to 
 
 the time of adjournment, may adjourn them to such 
 time as he shall think proper, not beyond the fourth 
 Monday of November then next ensuing. S. C, 485. 
 
 POWER OF EXECUTIVE TO CONVENE 
 LEGISLATURE. 
 
 — He may, by proclamation, on extraordinary occa- 
 sions, convene the General Assembly at the seat of 
 government, or at a different place, if, since their last 
 adjournment, that shall have become dangerous, from 
 an enemy, or from contagious disorders. Ala., 79; 
 Fl, 131; Ky., 213; La., 235; Miss., 341; Tex., 513. 
 — He may, on extraordinary occasions, convene the 
 Legislature by proclamation, and shall state to both 
 Houses, when assembled, the purpose for which they 
 shall have been convened. Cal, 100. 
 — He may, on extraordinary occasions, convene the 
 General Assembly, and in case of disagreement 
 between the two Houses with respect to the time of 
 adjournment, adjourn them to such time as he shall 
 think proper, not exceeding three months. Del, 120. 
 — Shall have power to convene the General Assembly 
 on extraordinary occasions; and shall give them, 
 from time to time, information of the state of the 
 republic, and recommend to their consideration such 
 measures as he may deem necessary and expedient. 
 Ga., 147. 
 
 — He may, on extraordinary occasions, convene the 
 General Assembly, by proclamation, and shall state 
 to both Houses, when assembled, the purpose far 
 which they shall have been convened. Iowa, 188; 
 III, 158. 
 
 — And the General Assembly shall enter on no legif- 
 lative business, except that for which they were 
 specially called together. Ill, 158. 
 — He may, on extraordinary occasions, convene the 
 Legislature. N. Y. (1777), 24; S. C, 481; Pa., 
 463; Me., 245; Mich., 304; Miss., 341. 
 — The Governor may convene the General Assembly, 
 or the Senate alone, on extraordinary occasions ; and 
 whenever, from the presence of an enemy, or from 
 any other cause, the seat of government shall become 
 an unsafe place for the meeting of the General Assem- 
 bly, he may direct their sessions to be held at some 
 other convenient place. Md., 260. 
 — He may convene the Legislature at some other 
 place when the seat of government becomes danger- 
 ous from disease or a common enemy. Mich., 305. 
 — On extraordinary occasions he may convene the 
 General Assembly by proclamation ; wherein he 
 shall state specifically each matter concerning which 
 the action of that body is deemed necessary; and 
 the General Assembly shall have no power when so 
 convened, to act upon any matter not so stated in 
 the proclamation. Mo., 355. 
 
 — He may, on extraordinary occasions, convene the 
 Legislature by proclamation, and shall state to both 
 Houses, when assembled, the purpose for which they 
 have been convened. Neb., 374; Ohio, 436; Or., 
 452 , Term., 495. 
 
 — The Governor may, on extraordinary occasions, 
 convene the Legislature by proclamation, and shall 
 state to both Houses, when organized, the purpose 
 for which they have been convened, and the Legisla- 
 ture shall transact no le,^slative business except that 
 for which they were specially convened, or such other 
 legislative business as the Governor may call to the 
 attention of the Legislature while in session. Nev., 
 385. 
 
 — He shall have power to convene the Legislature 
 (or the Senate only), on extraordinary occasions. 
 He shall communicate by message to the Legislature, 
 at every session, the condition of the State, and 
 recommend such matters to them as he shall judge 
 expedient. N. Y. (1821), 38. 
 
 — Shall have power to convene the Legislature when- 
 ever, in his opinion, public necessity requires it; he 
 shall communicate by message to the Legislature at 
 the opening of each session, and at such other times 
 as he may deem necessary, the condition of the State, 
 
74 
 
 1 S 12. For any speech or debate in either House of the Legislature, the 
 
 2 members shall not be questioned in any other place. 
 
 and recommend such measures as he may deem expe- 
 dient; and grant, under the great seal of the State, 
 commissions to all such officers as shall be required to 
 be commissioned. N. J., 416. 
 
 — He may, on extraordinary occasions, convene the 
 General Assembly at any town or city- in this State, 
 at any time not provided for by law ; and in case of 
 danger from the prevalence of epidemic or contagious 
 disease, in the place in which the General Assembly 
 are, by law, to meet, or to which they may have 
 been adjourned, or for other urgent reasons, he may, 
 by proclamation, convene said Assembly at any other 
 place within this State. S. I., 477. 
 -^And convene the General Assembly on application 
 of a majority of the members of both Houses thereof, 
 or when, in his opinion, the interest of the Common- 
 wealth may require it. Va., 539. 
 — He shall have power to convene the Legislature on 
 extraordinary occasions ; and in case of invasion, or 
 danger from the prevalence of contagious diseases at 
 the seat of Government, he may convene them at any 
 other suitable place within the State. Wis., 564. 
 — The Governor may convene the Legislature by 
 proclamation, whenever in his opinion, the public 
 safety or welfare shall require it. It shall be his duty 
 to convene them on application of a majority of the 
 members elected to each branch. W. Va., 551. 
 —Should the seat of government become dangerous 
 from disease or a common enemy, he may convene 
 the General Assembly at any other place. Ind., 175. 
 — That Annapolis be the place for the meeting of the 
 Legislature, and the Legislature ought not to be con- 
 vened or held at any other place but for evident 
 necessity. Md., 254. 
 
 PRIVILEGE FROM ARREST OR SERVICE OF 
 CIVIL PROCESS— FREEDOM OF DEBATE. 
 
 — Senators and Representatives shall, in all cases 
 except treason, felony or breach of the peace, be 
 privileged from arrest, during the session of the 
 General Assembly, and in going to and returning 
 from the same, allowing one day for every twenty 
 miles such member may reside from the place at 
 which the General Assembly is convened ; nor shall 
 any member be liable to answer for anything spoken 
 in debate in either House, in any court or place else- 
 where. AJa.,7G;Fl.,ri2; Or., 450. 
 — The Senators and Representatives shall, in all 
 cases except treason, felony or breach of the peace, 
 be privileged from arrest during the session of the 
 General Assembly, and for fifteen days before the 
 commencement and after the termination of each 
 session; and for any speech or debate in either 
 House, they shall not be questioned in any other 
 place. Ark., 86. 
 
 — Members of the Legislature shall, in all cases 
 except treason, felony and breach of the peace, be 
 privileged from arrest, and they shall not be subject 
 to any civil process during the session of the Legis- 
 lature, nor for fifteen days next before the Commence- 
 ment and after the termination of each session. Cal, 
 98; Wis., 563. 
 
 — The Senators and Representatives shall, in all cases 
 of civil process, be privileged from arrest during the 
 session of the General Assembly, and for four days 
 before the commencement and after the termination 
 of any session thereof. And for any speech or 
 debate in either House they shall not be questioned 
 in any other place. Ot, 109. 
 
 — The members of both Houses shall be free from 
 arrest during their attendance on the General Assem- 
 bly, and in going to and returning therefrom ; except 
 for treason, felony, or breach of the peace. And no 
 
 member shall be liable to answer in any other place 
 for anything spoken in debate in either House. Oa., 
 145. 
 
 — Senators and Representatives in all cases except 
 treason, felony or breach of the peace, shall be privi- 
 leged from arrest during the session of the General 
 Assembly, and in going to and returning from the 
 same. lotva, 185. 
 
 — For any speech or debate in either House the mem- 
 bers shall not be questioned elsewhere. No member 
 of the Legislature shall be subject to arrest, except 
 for felony, and breach of the peace, in going to and 
 returning from the place of meeting, or during the 
 continuance of the session ; neither shall he be sub- 
 ject to the service of any civil process during the 
 session, nor for fifteen days previous to its commence- 
 ment. Kan., 200. 
 
 — The members of the General A ssembly shall, in all 
 cases except treason, felony, breach or surety of the 
 peace, be privileged from arrest during their attend- 
 ance at the sessions of their respective Houses, and 
 in going to and returning from the same : and for 
 any speech or debate in either House, they shall not 
 be questioned in any other place. Del., 118; lU., 
 153; £y.,-2n; La., 228; Me.,2U; Min., 321; Mo., 
 353 ; N. J., 414 ; Ohio, 434 ; Pa., 462 ; Term., 493. 
 — That freedom of speech and debate, or proceedings 
 in the Legislature, ought not to be impeached in any 
 court of judicature. Md., 254. 
 
 — ^No Senator or Delegate shall be liable, in any civil 
 action or criminal prosecution whatever, for words 
 spoken in debate. Md., 262. 
 
 — No member of the House of Representatives shall 
 be arrested, or held to bail on mesne process, during 
 his going unto, returning from, or his attending the 
 General Assembly. Mass., 286. 
 — Senators and Representatives shall, in all cases, 
 except treason, felony or breach of the peace, be 
 privileged from arrest. They shall not be subject 
 to any civil process during the session of the Legis- 
 lature, or for fifteen days next before the commence- 
 ment and after the termination of each session. 
 They shall not be questioned in any other place for 
 any speech in either House. Mich., 301 ; Ind., 172. 
 — Senators and Representatives shall in all cases, 
 except treason, felony or breach of the peace, be 
 privileged from arrest during the session of the 
 Legislature, and in going to and returning from the 
 same, allowing one day for every twenty miles such 
 member may reside from the place at which the Leg- 
 islature is convened. Miss., 337. 
 — Members of the Legislature shall in all cases, except 
 treason, felony, or breach of the peace, be privileged 
 from arrest, nor sllall they be subject to any civil 
 process, during the session of the Legislature, nor 
 for fifteen da^ys next before the commencement, and 
 after the termmation of each session. Neb., 372. 
 — No member of the Legislature shall be liable in 
 any civil action or criminal prosecution whatever, for 
 words spoken in debate. iVei., 372; Wis., 66B. 
 — Members of the Legislature shall be privileged 
 from arrest on civil process during the session of the 
 Legislature, and for fifteen days next before the com- 
 mencement of each session. Nev., 382. 
 --The freedom of deliberation, speech and debate, in 
 either House of the Legislature, is so essential to the 
 rights of the people, that it cannot be the foundation 
 of any accusation or prosecution, action or com- 
 plaint, in any other court or place whatsoever. 
 Mass., 282 ; N. H., 400 ; Vt, 522. 
 — No member of the House of Representatives or 
 Senate shall be arrested or held to bail on mesne 
 process, during his going to, returning from, or 
 attendance upon the Court. N. S., 403. 
 — The person of every member of the General 
 Assembly shall be exempt from arrest, and his estate 
 from attachment, in any civil action, during the session 
 
75 
 
 1 S 13. Any bill may originate in either House of the Legislature, and all 
 
 2 bills passed by one House may be amended by the other. 
 
 1 S 14- The enacting clause of all bills shall be " The People of the State 
 
 2 of l^ew York, rei)resented in Senate and Assembly, do enact as follows," and 
 
 3 no law shall be enacted except by bill. 
 
 of the General Assembly, and two days before the 
 commencement, and two days after the termination 
 thereof, and all process served contrary hereto, shall 
 be void. For any speech in either House, no member 
 shall be questioned in any other place. It. I., 476. 
 — The members of both Houses shall be protected in 
 their persons and estates during their attendance on, 
 going to, and returning from the G-eneral Assembly, 
 and ten days previous to the sitting, and ten days 
 after the adjournment thereof But these privileges 
 shall not be extended so as to protect any member who 
 shall be charged with treason, felony or breach of the 
 peace.. S. C, 484. 
 
 — The Senators and Representatives shall, in all cases, 
 except in treason, felony or breach of the peace, be 
 privileged from arrest durmg the session of the Legis- 
 lature, and in going to and returning from the same, 
 allowing one day for every twenty miles such member 
 may reside from the place at which the Legislature 
 is convened. Tex., 508. 
 
 — For words spoken in debate, or any report, motion, 
 or proposition made, in either branch, a member shall 
 not be questioned in any other place. W. Va., 551. 
 — Members of the Legislature shall, in all cases except 
 treason, felony, and breach of the peace, be privileged 
 from arrest during the session, and for ten days 
 before and after the same. W. Va., 55L 
 
 originate in the House of Representatives, but the 
 Senate may propose amendments, as in other cases; 
 Provided, That they shall not, under color of amend- 
 ment, introduce any new matter, which does not 
 relate to raising a revenue. Me., 244. 
 - — Any bill may originate in either House of the 
 G-eneral Assembly, and be altered, amended or re- 
 jected by the other; but no bill shall originate in 
 either House during the last ten days of the session, 
 nor become a law until it be read on three different 
 days of the session in each House, unless three-fourths 
 of the members of the House where such bill is pend- 
 ing shall so determine. Md., 262. 
 — No new bill shall be introduced into either House 
 of the Legislature after the first fifty days of the 
 session shall have expired. Mich., 303. 
 — After a bill has been rejected, no bill containing 
 the same substance shall be passed into a law during 
 the same session. Tenn., 493. 
 
 — After a bill or resolution has been rejected, by either 
 branch of the Legislature, no bill or resolution con- 
 taining the same substance .shall be passed into a law 
 during the same session. Tex., 508. 
 
 STYLE OF LAWS. 
 
 ORIGIN OF BILLS. 
 
 — Any bill may originate in either House of the 
 Legislature ; and all bills passed by one House may 
 be amended by the other. N. Y. (1821), 36 ; Kan., 
 199 I (nearly similar), Ala., 76 ; Arh, 86 ; Cal, 98 ; 
 Fl, 133; III, 153; loiva, 185; Mick, 302; Miss., 
 337; Mo., 354, Neb., 373; Nev., 382; Ohio, 434; 
 Term., 499 ; Tex., 508 ; Va., 537; W. Va., 551 ; Wis., 563. 
 — All bills for raising revenue shall originate in the 
 House of Representatives ; but the Senate may pro- 
 pose or concur with amendments as on other bills. 
 U. S., 11. 
 
 — All bills for raising revenue shall originate in the 
 House of Representatives, but may be amended or 
 rejected by the Senate as other bills. Ala.. 76 ; 
 (nearly similar), Mass., 286 ; Min., 321 ; Miis., 338 ; 
 M IT., 403 ; N. J., 414 ; Pa., 462 ; S. C, 484; Vi., 528. 
 — All bills for raising revenue shall originate in the 
 House of Representatives, but the Senate may pro- 
 pose alterations, as on other bills, and no bill from the 
 operations of which when passed into a law revenue 
 may incidentally arise, shall be accounted a bill for 
 raising revenue ; nor shall any matter or clause what- 
 ever, not immediately relating to and necessary for 
 raising revenue, be in any manner blended with or 
 annexed to a bill for raising revenue. Del., 118. 
 — Bills may originate in either House, but may be 
 amended or rejected in the other, except that bills for 
 raising revenue shall originate in the House of Rep- 
 resentatives. Ind., 173 ; Or., 451. 
 — All bills for raising revenue shall originate in the 
 House of Representatives, but the Senate may pro- 
 pose amendments, as in other bills ; Provided, That 
 they shall not introduce any new matter, under color 
 of amendment, which does not relate to raising 
 revenue. Ky., 212 ; La., 229. 
 
 — Bills, orders or resolutions may originate in either 
 House, and may be altered, amended or rejected in 
 the other; but all bills for raising revenue shall 
 
 — That the style of all laws shall be as follows, to 
 
 wit : "Be it enacted by the People of the State of 
 
 represented in Senate and Assembly." N, Y. (1777), 
 
 31 ; (nearly similar), Nev., 383. 
 
 — The style of the laws of this State shall be: " Be it 
 
 enacted by the General Assembly of the State of ." 
 
 Ark, 87; Ind., 172; Iowa, 185; Md., 262; Tenn. 443. 
 — The style of their laws shall be: "Be it enacted by 
 the Senate and House of Representatives, in General 
 Assembly convened." Ct, 108. 
 
 — The style of the laws shall be : "Be it enacted by 
 the Senate and House of Representatives of the State of 
 
 , in General Assembly convened." Ala., 75 ; 
 
 PL, 132. 
 
 — The style of the laws of this State shall be : "Be it 
 
 enacted by the People of the State of , represented 
 
 in the General Assembly." III., 153. 
 
 — The enacting clause of all laws shall be, "Be it 
 
 enacted by the Legislature of the State of ." Kan., 
 
 200; Min., 322; Miss., 336; Neb., 371; W. Va., 549; 
 Tex., 507. 
 
 — The enacting style, in making and passing all acts, 
 statutes and laws, shall be: "Be it enacted by the Sen- 
 ate and House of Representatives, in General Court 
 assembled, and by authority of the same." Mass., 293. 
 — The style of their acts and laws shall be : "Be it 
 enacted by the Senate and House of Representatives, in 
 Legislature assembled." Me., 241. 
 — The style of the laws of this State shall be: "Be it 
 
 enacted by the General Assembly of the State of , 
 
 as foUows:" JlTo., 354; Ohio, 4:34. 
 — The enacting style in making and passing acts, 
 statutes and laws shall be: "Be it enacted by the Sen- 
 ate and House of Representatives, in General Court 
 convened." N. H., 410. 
 
 — The laws of this State shall begin in the following 
 style : "Be it enacted by the Senate and General Assem- 
 bly of the State of ." N. J., 415. 
 
 ^The style of every bill shall be : "Be it enacted by 
 
 the Legislative Assembly of the State of ." Or.., 
 
 449. 
 
76 
 
 1 § 15. 'So bill shall be passed unless by the assent of a majority of all the 
 
 2 members elected to each branch of the Legislature, and the question upon 
 
 3 the final passage shall be taken immediately upon its last reading, and the 
 
 4 yeas and nays entered on the journal. 
 
 — The style of their laws shall be: "It is enacted by 
 the General Assembly as follows" M. I., 475. 
 , — The style of the laws of this State, in future to be 
 passed, shall be: "It is hereby enacted hy the General 
 
 Assembly of the State of ." Vt., 524. 
 
 —The style of the laws of this State shall be: "The 
 
 People of the State of , represented in Senate and 
 
 Assembly, do enact as follows." Wis., 563 ; Cal, 97. 
 — And no law shall be enacted except by bill. Ind., 
 172; Kan., 200; On, 449. 
 
 PASSAGE OF BILLS. 
 
 — ^No bill shall have the force of law, until on three 
 several days it be read in each House, and f]-ee dis- 
 cussion be allowed thereon, unless in cases of urgency, 
 four-fifths of the House in which the same shall be 
 depending, may deem it expedient to dispense with 
 the rule ; and every bill having passed both Houses, 
 shall be signed by the Speaker and President of their 
 respective Houses. Ala., 76; Fl, 133. 
 — Every bill for an act shall be read three times before 
 each House, twice at length, and in no case shall a 
 bill be read more than twice on one day ; and the 
 vote upon the passage of any law shall, in all cases, 
 be taken by yeas and nays, and by recording the 
 same ; and every bill having passed both Houses, 
 shall be signed by the President of the Senate and 
 the Speaker of the House of Representatives. Ark., 
 86. 
 
 — Every bill, before it shall pass, shall be read three 
 times, and on three separate and distinct days in each 
 House, unless in cases of actual invasion or insurrec- 
 tion. Oa., 145. 
 
 —Every bill shall be read on three different days in 
 each House, unless in case of urgency, three-fourths 
 of the House where such bill is so depending, shall 
 deem it expedient to dispense with thi.s rule; and 
 every bill having passed both Houses, shall be signed 
 by the Speakers of their respective Houses. lU. 153. 
 ^On the final passage of all bills, the vote shall, be by 
 ayes and noes, and shall be entered on the journal; 
 and no bill shall become a law without the concur- 
 rence of a majority of all the members elect in each 
 House. III., 153. 
 
 — Every bill shall be read by sections on three several 
 days in each House, unless, in case of emergency, 
 two-thirds of the House where such bill may be 
 depending shall, by a vote of yeas and nays, deem it 
 expedient to dispense with' this rule; but the reading 
 of a bill by sections, on its final passage, shall in no 
 case be dispensed with ; and the vote on the passage 
 of every bill or joint resolution shall be taken by 
 yeas and nays. Ind., 173. 
 
 — Every act and joint resolution shall be plainly 
 worded, avoiding as far as practicable the use of 
 technical terms. Ind., 173 ; Or., 451. 
 — No bill shall be passed unless by the assent of a 
 majority of all the members elected to each branch 
 of the General Assembly, and the question upon the 
 final passage shall be taken immediately upon its last 
 reading, and the yeas and nays entered on the 
 journal. Iowa, 186; Mo., 354. 
 
 — Every bill shall be read on three separate days in 
 each House, unless in case of emergency. Two- 
 thirds of the House where such bill is pending may, 
 if deemed expedient, suspend the rules; but the 
 reading of the bill by sections, on its final passage, 
 shall in no case be dispensed with. Kan., 199; 
 (nearly similar), Min., 322. 
 
 -No bill shall have the force of a law, until, on three 
 several days, it be read over in each House of the 
 General Assembly, and free discussion allowed 
 thereon, unless, in cases of urgency, four-fifths of the 
 House where the bill shall be depending, may deem 
 it expedient to dispense with this rule. Ky., 212 ; 
 La.. 229 ; Miss., 337. 
 
 —No bill shall become a law unless it be passed in 
 each House by a majority of the whole number of 
 members elected, and on its final passage the ayes 
 and noes be recorded. Md., 262. 
 — Every bill and joint resolution shall be read three 
 times in each House, before the final passage thereof 
 No bill or joint resolution shall become a law with- 
 out the concurrence of a majority of all the members 
 elected to each House. On the final passage of all 
 bills, the vote shall be by ayes and nays, and entered 
 on the journal. Mich., 303. 
 
 — No bill shall be passed by either House of the Leg- 
 islature upon the day prescribed for the adjournment 
 of the two Houses. But this section shall not be so 
 construed as to preclude the enrollment of a bill, or 
 the signature and passage fi-om one House to the other, 
 or the reports thereon from committees, or its trans- 
 mission to the executive for his signature. Minn., 
 ,322. 
 
 — No law shall be passed unless voted for by a major- 
 ity of all the members elected to each branch of the 
 Legislature, and the vote entered upon the journal of 
 each House. Minn., 322. 
 
 — Every bill shall be fully and distinctly read on 
 three different days, unless, in case of urgency, three- 
 fourths of the House in which it shall be pending, 
 shall dispense with this rule. JVeb., 372 ; Ohio, 434. 
 — Every bill shall be read by sections, on three 
 several days, in each House, unless, in case of emer- 
 gency, two-thirds of the House, where such bill may 
 be pending, shall deem it expedient to dispense with 
 this rule ; but the reading of a bill by sections on its 
 final passage shall, in no case, be' dispensed with, and 
 the vote of the final passage of every bill, or joint 
 resolution, shall be taken by yeas and nays, to be 
 entered on the journals of each House; and a major- 
 ity of all the members elected to each House shall be 
 necessary to pass every bill or joint resolution, and 
 all bills or joint resolutions so passed, shall be signed 
 by the presiding officers of the respective Houses, 
 and by the Secretary of the Senate and Clerk of the 
 Assembly. JVev., 382. 
 
 — All bills and joint resolutions shall be read three 
 times in each House, before the final passage thereof; 
 and no bill or joint resolution shall pass, unless there 
 be a majority of all the members of each body per- 
 sonally present and agreeing thereto ; and the yeas 
 and nays of members voting on such final passage 
 shall be entered on the journal. N. J., 414. 
 — Every bill shall be read by sections, on three 
 several days, in each House, unless, in case of emer- 
 gency, two-thirds of the House where such bill may 
 be depending shall, by a vote of yeas and nays, deem 
 it expedient to dispense with this rule; but the read- 
 ing of a bill by sections on its final passage shall in 
 no case be dispensed with, and the vote on the 
 passage of every bill or joint resolutions shall be 
 taken by yeas and nays. Or., 451. 
 — No bill shall be passed by the Legislature granting 
 any powers, or privileges, in any case, where the 
 authority to grant such powers, or privileges, has 
 been, or may hereafter be, conferred upon the courts 
 of this Commonwealth. Pa., 472. 
 — No bill shall have the force of law until it shall 
 have been read three times, and on three several 
 
77 
 
 1 S 16. No private or local bill, which may Be passed by the Legislature, 
 
 2 shall embrace more than one subject, and that shall be expressed in the title. 
 
 days, in each House, has had the seal of the State 
 affixed to it, and has been signed in the Senate House 
 by the President of the Senate and the Speaker of 
 the House of Representatives. /S. C, 484. 
 — No bill shall become a law until it has been fully 
 and distinctly read on three different days in each 
 branch; unless in cases of emergency, three-fourths 
 of the members present dispense with this rule. W. 
 Va., 551. 
 
 — That whenever the Assembly and Senate disagree, 
 a conference shall be held, in the preference of both, 
 and be managed by committees, to be by them 
 respectively chosen by ballot. N. Y. (1777), 28. 
 
 SIGNATURE OF BILLS. 
 
 — Every bill having passed both Houses, shall be care- 
 fully enrolled, and shall be signed by the presiding 
 officer of each House. Any presiding officer refusing 
 to sign a bill which shall have previously passed both 
 Houses, shall thereafter be incapable of holding a seat 
 in either branch of the Legislature, or hold any other 
 office of honor or profit in the State, and in case of 
 such refusal, each House shall, by rule, provide the 
 manner in which such bill shall be properly certified 
 for presentation to the Governor. Minn., 322. 
 — The presiding officer of each branch shall sign 
 before the close of the session, all bills and joint reso- 
 lutions passed by the Legislature. W. Va., 551. 
 — The presiding officer of each House shall sign pub- 
 licly, in the presence of the House over which he 
 presides, while the same is in session and capable of 
 transacting business, all bills and joint resolutions 
 passed by the Legislature. Neb., 372 ; Ohio, 434. 
 — That all bills shall be read three times in each 
 House before they pass into laws, and be signed by 
 the Speakers of both Houses. iV! C, 424. 
 — Every hill, when passed by the General Assembly 
 and sealed with the great seal, shall be presented to 
 the Governor, who shall sign the same in the presence 
 of the Presiding Officers and Chief Clerks of the 
 Senate and House of Delegates. Every law shall be 
 recorded in the office of the Court of Appeals, and, 
 in due time be printed, published and certified under 
 the great seal to the several courts, in the same 
 manner as has been heretofore usual in this State. 
 Md., 263. 
 
 — And every bill having passed both Houses shall be 
 signed by the Speaker and President of their respect- 
 ive Houses. Iowa, 185. 
 
 — All acts shall be signed by the President of the 
 Senate and the Speaker of the House of Representa- 
 tives; and no bill, ordinance or resolution intended 
 to have the effijct of law, which shall have been 
 rejected by either House, shall be again proposed 
 under the same or any other title, without the con- 
 sent of two-thirds of the House, by which the same 
 was rejected. Ga., 145. 
 
 — On the passage in either House of the Legislature 
 of any law, which imposes, continues or renews a 
 tax, or creates a debt or charge, or makes, continues 
 or renews an appropriation of public or trust money, 
 or rfeleases, discharges or commutes a claim or 
 demand of the State, the question shall be taken by 
 yeas and nays, which shall be duly entered on the 
 journal ; and three-fifths of all the members elected 
 to such House, shall in all cases be required to con- 
 stitute a quorum therein. Wis., 568. 
 
 ^Bvery bill shall be read once on three different 
 
 ' days, and be passed each time in the House where it 
 originated, before transmission to the other. No bill 
 shall become a law, until it shall be read and passed 
 on three different days in each House, and be signed 
 by their respective speakers. Tenn., 493. 
 20 
 
 — Every bill shall be read on three different days in 
 each House, unless two-thirds of the House where 
 the same is pending, shall dispense with this rule; 
 and every bill, having passed both Houses, shall be 
 signed by the speaker of the House of Representa- 
 tives, and by the President of the Senate. Mb., 354; 
 (nearly similar), Tex., 508. 
 
 — A majority of all the members elected to each 
 House shall be necessary to pass every bill or joint 
 resolution ; and all bills and joint resolutions so passed 
 shall be signed by the presiding officers of the re- 
 spective Houses. Ind., 174 ; Or., 451. 
 — A majority of all the members elected to each 
 House, voting in the affirmative, shall be necessary 
 to pass any bill or joint resolution. Kan., 199. 
 • — No law shall be enacted except by bill. Wis., 563 ; 
 Nev., 383. 
 
 — All laws shall be passed by original bill. Md., 262 ; 
 Kan., 200. 
 
 LAWS TO EMBRACE BUT ONE SUBJECT. 
 
 — Each law enacted by the Legislature shall embrace 
 but one subject, and matter properly connected there- 
 with, which subject shall be briefly expressed in the 
 title. Nev., 382. 
 
 — Every act or resolution having the force of law 
 shall relate to but one subject, and that shall be ex- 
 pressed in the title. S. C, 484. 
 — No law shall embrace more than one subject, 
 which shall be expressed in its title. Minn., 323; 
 (nearly similar), Kan., 199; Md., 272; Ky., 212; 
 Mich., 303; Neb., 372; Ohio, 434; Pa., 472; La., 
 234; Tex., 516. 
 
 — No private or local bill, which may be passed by 
 the Legislature, shall embrace more than one subject, 
 and that shall he expressed in the title. Wis., 563 ; 
 III, 153. 
 
 — Nor shall any law or ordinance pass, which refers 
 to more than one subject matter, or contains matter 
 different from what is expressed in the title thereof. 
 Ga., 145. 
 
 — Every act shall embrace but one subject and mat- 
 ters properly connected therewith ; which subject 
 shall be expressed in the title. But if any subject 
 shall be embraced in an act which shall not be ex- 
 pressed in the title, such act shall be void only as to 
 so much thereof as shall not be expressed in the title. 
 Ind., 173; Iowa, 186. 
 
 — Each law shall embrace but one subject, which 
 shall be described in the title ; and no law, nor any 
 section of any law, shall be revised or amended by 
 reference only to its title or number, but the law or 
 section revised or amended shall itself be set forth at 
 full length. Ala., 75. 
 
 — To avoid improper influences which may result 
 from intermixing in one and the same act such things 
 as have no proper relation to each other, every law 
 shall embrace but one object, and that shall be ex- 
 pressed in the title. N. J., 415. 
 — :Every law enacted by the Legislature shall embrace 
 but one object, and that shall be expressed in the 
 title; and no law shall be revised or amended by 
 reference to its title; but in such case, the act re- 
 vised, or section amended, shall be re-enacted and 
 published at length. Cat, 99. 
 
 — No law, enacted by the General Assembly, shall 
 relate to more than one subject, and that shall be 
 expressed in the title ; but if any subject embraced in 
 an act be not expressed in the title, such act shall be 
 void only as to so much thereof as is not so ex- 
 pressed. Mo., 354. 
 
78 
 
 EESTEICTIONS UPON LEaiSLATION— GEN- 
 ERAL LAWS. 
 
 — The General Assembly shall not pass special laws 
 divorcing any named parties ; or declaring any 
 named person of age; or authorizing any named 
 minor to sell, lease, or incumber his or her property; 
 or providing for the sale of the real estate of any 
 named minor or other person, laboring under legal 
 disability, by any executor, administratorj guardian, 
 trustee, or other person; or changing the name of 
 any, person; or establishing, locating, altering the 
 course, or affecting the construction of roads, or the 
 building or repairing of bridges; or establishing, 
 altering, or vacating any street, avenue, or alley in 
 any city or town; or extending the time for the 
 assessment or collection of taxes, or otherwise reliev- 
 ing any assessor or collector of taxes from the due 
 performance of his ofi&cial duties ; or giving effect to 
 informal or invalid wills or deeds, or legalizing, except 
 as against the State, the unauthorized or invalid acts 
 of any officer ; or granting to any individual or com- 
 pany the right to lay down railroad traoiss in the 
 streets of any city or town ; or exempting any prop- 
 erty of any named person or corporation from taxa- 
 tion. The General Assembly shall pass no special 
 law for any case for which provision can be made by 
 a general law; but shall pass general laws providing, 
 so far as it may deem necessary, for the cases enu- 
 merated in this section, and for all other cases where 
 a general law can be made applicable. Mo., 354. 
 — The General Assembly shall not pass local or 
 special laws in the following cases: 
 
 For the assessment and collection of taxes for 
 State, county or road purposes; 
 
 For laying out, opening and worliing of roads or 
 highways ; 
 
 For changing the names of persons ; 
 
 For the incorporation of cities and towns ; 
 
 For vacating roads, town plats, street^, alleys or 
 public squares; 
 
 For locating or changing county seats. 
 
 In all the cases above enumerated,; and all other 
 cases where a general law can be made applicable, all 
 laws shall be general and of uniform operation 
 throughout the State; and no law changing the 
 boundary lines of any county shall have effect until, 
 upon being submitted to the, people of the counties 
 aflfected by the change, at a general election, it shall 
 be approved by a majority of the votes in each 
 county, cast for or against it. Iowa, 186. 
 — The Legislative Assembly shall not pass special or 
 local laws in any of the following enumerated cases ; 
 that is to say — 
 
 Regulating the jurisdiction and duties of Justices 
 of the Peace and of Constables ; 
 
 For the punishment of crimes and misdemeanovs ; 
 
 Regulating the practice in courts of justice; 
 
 Providing for changing the venue in civil and 
 criminal cases; 
 
 Granting divorces; 
 
 Changing the names of persons; 
 
 For laying, opening and worljing on highways, and 
 for the election or appointment of Supervisors ; 
 
 Vacating roads, town plats, streets, alleys and 
 public squares ; 
 
 Summoning and empanneling grand and petit 
 jurors ; 
 
 For the assessment and collection of taxes for 
 State, county, township or road purposes ; 
 
 Providing for supporting common schools, and for 
 the preservation of school funds; 
 
 In relation to interest on money ; 
 
 Providing for opening and conducting elections of 
 State, county, or township officers, and designating 
 the place of voting; 
 
 Providing for the sale of real estate belonging to 
 minors or other persons laboring under legal disabili- 
 ties, by executors, administrators, guardians or. trus- 
 tees. Or., 451 ; (nearly similar) Nev., 383 ; Ind., 174 • 
 Md., 263. 
 
 — The Legislature shall not audit nor allow any pri- 
 vate claim or account. Mich.j 303. 
 
 [In addition to the list of most of restrictions above 
 recited, the Constitution of Maryland has the follow- 
 ing: Giving effect to informal or invalid deeds or 
 wills ; refunding money paid into the State Treasury, 
 or releasing persons from their debts or obligations 
 to the State, unless recommended by the Governor 
 or officers of the Treasury Department; or establish- 
 ing, locating, or affecting the construction of roads, 
 and the repairing or building of bridges. And the 
 General Assembly shall pass no special law for any 
 case for which provision has been made by an exist- 
 ing general law. The General Assembly, at its first 
 session after the adoption of this Constitution, shall 
 pass general laws providing for the cases enumerated 
 in this section, and for all other cases where a general 
 law can be made applicable]. Md., 263. 
 — In all cases enumerated in the preceding section, 
 and in all other oases where a general law can be 
 made applicable, all laws shall be general, and of 
 uniform operation throughout the State. Nev., 383 ; 
 Ind., 174. 
 
 — All law? of a general nature shall have a uniform 
 operation throughout the State; nor shall any act, 
 except such as relates to public schools, to be passed 
 take eflfect upon the approval of any other authority 
 than the General Assembly, except as otherwise pro- 
 vided in this Constitution. Ohio, 435. 
 . — In all cases where a general rule can be made ap- 
 plicable, no special law shall be enacted. Kan., 200. 
 — The General Assembly shall not pass any private 
 law, unless it shall be made to appear that thirty 
 days' notice of application to p^ss such law shall 
 have been given, under such directions and in such 
 manner as shall be provided by law. N. C, 428. 
 — The General Assembly shall not have power to 
 pass any private law or alter the name of any person, 
 or to legitimate any person not born in lawful wed- 
 lock, or to restore to the rights of citizenship any 
 person convicted of any infamous crime; but shall 
 have power to pass general laws regulating the same. 
 N. a, 428. 
 
 — All laws of a general nature shall have a uniform 
 operation. Cal., 96 ; Kan., 200. 
 — All laws of a general nature shall have a uniform 
 operation ; the General Assembly shall not grant to 
 any citizen or class of citizens privileges or immuni- 
 ties which upon the same terms shall not equally 
 belong to all citizens. Iowa, 183. 
 — Every statute shall be a public law, unless other- 
 wise declared in the statute itself Ind., 174 ; Or., 451. 
 —No special law shall be enacted foC the benefit of 
 mdividuals or corporations, in cases which are pro- 
 vided for by a general law, or where the relief sought 
 can be given by any court of this State. Ala., 78. 
 — The General Assembly shall pass a general law 
 prescribing the manner in which names of persons 
 may be changed, but no special law for such purpose 
 shall be passed; and no law shall be made allowing 
 minors to contract, or manage their estates. Fl., 133. 
 —No private or special law shall be passed authoriz- 
 ing the sale of any lands belonging in whole or in 
 part to a minor or minors, or other persons who may 
 at the time be under any legal disability to act for 
 themselves. N. J., 415. 
 
 : — The Legislature shall have no power to grant leave 
 of absence to a judicial officer, and any such officer 
 who shall absent himself from the State for more 
 than ninety consecutive days, shall be deemed to 
 have vacated his office. Neo., 388. 
 
 SUSPENSION OF LAWS. 
 
 —That no power of suspending laws shall be exer- 
 cised, except by the General Assembly, or by its 
 authority. Ala., 73 ; Ky., 223. 
 -—No law of a general nature, unless otherwise pro- 
 vided for, shall be enforced until sixty days after the 
 passage thereof. Miss., 342. 
 
79 
 
 1 S 17. The Legislature may confer upon the boards of supervisors of the 
 
 2 several counties of the State, such further powers of local legislation and 
 
 3 administration as they shall from time to time prescribe. 
 
 — The Legislature shall have no power to suspend 
 any general law for the benefit of any particular indi- 
 dividual, nor to pass any law for the benefit of indi- 
 viduals inconsistent with the general laws of the 
 land; nor to pass any law granting to an individual 
 or individuals, rights, privileges, immunities, or ex- 
 emptions, other than such as may be, by the same 
 law, extended to any member of the community, 
 who may be able to bring hin^self within the pro- 
 visions of such law; Provided always, The Legisla- 
 ture shall have power to grant such charters of cor- 
 poration as they may deem expedient for the public 
 good. Tenn., 499. 
 
 — And no public act of the General Assembly shall 
 talce effect or be in force, until the expiration of sixty 
 days from the end of the session at which the same 
 may be passed, unless, in case of emergency, the 
 General Assembly shall otherwise direct. III., 153. 
 
 RE-ENACTMENT OP LAWS. 
 
 — No act shall ever be revised or amended by mere 
 reference to its title ; but the act revised, or section 
 amended, shall be set forth and published at full 
 length. Ind., 173; La., 234; iVev., 382; Or., 451; 
 r«K., 516; Fb., 537. 
 
 — And no law shall be revived or amended unless 
 the new act contain the entire act revived, or the 
 section or sections amended, and the section or sec- 
 tions so amended shall be repealed. Kan., 199; Neb., 
 172; Ohio, 434. 
 
 — And no law nor section of a law shall be revised or 
 amended by reference to its title or section only, and 
 it shall be the duty of the General Assembly, in 
 amending any article or section of the code of laws 
 of this State, to enact the same as the said article 
 or section would read when amended; and whenever 
 the General Assembly shall enact any public general 
 law, not amendatory of any section or nrticle in the 
 said code, it shall be the duty of the General Assem- 
 bly to enact the same in articles and sections, in the 
 same manner as the said code is arranged, and to 
 provide for the publications of all additions and alter- 
 ations which may be made to the code. Md., 262. 
 — No law shall be revived, altered or amended by 
 reference to its title only ; but the act revised, and the 
 section or sections of the act altered or amended, shall 
 be re-enacted and published at length. Mich., 303. 
 — No act shall be revised or re-enacted by mere 
 reference to the title thereof; nor shall any act be 
 amended by providing that designated words thereof 
 shall be struck out, or that designated words shall be 
 struck out and others inserted in lieu thereof; but in 
 every such ease the act revived or re-enacted, or the 
 act, or part of act, amended, shall be set forth and 
 published at length, as if it were an original act or 
 provision. Mo., 354. 
 
 MEMBEES OP LEGISLATURE PORBIDDEN TO 
 ACT AS COUNSEL. 
 
 — No Governor, member of Congress, or of the Gen- 
 eral Assembly of this State, shall receive a fee, be 
 engaged as counsel, agent or attorney in any civil 
 case or claim against this State, or to which this 
 State shall be a party, during the time he shall re- 
 main in office. Fh.., 136. 
 
 — No member of the General Court shall take fees, 
 be of counsel, or act as advocate in any cause before 
 either branch of the Legislature, and upon due proof 
 
 thereof, such member shall forfeit his seat in the Leg- 
 islature. N. K, 402. 
 
 — No member of the General Assembly shall take 
 any fee, or be of counsel in any case pending before 
 either House of the General Assembly, under penalty 
 of forfeiting his seat, upon proof thereof to the satis- 
 faction of the House of which he is a member. R. 
 1., 476. 
 
 — No member of the [Council] {Senate\ or House of 
 Representatives shall directly or indirectly receive 
 any fee or reward to bring forward or advocate any 
 bill, petition, or other business to be transacted in the 
 Legislature, or advocate any cause as counsel in either 
 House of Legislation, except when employed in 
 behalf of the State. Yt., 525. 
 
 PUBLIC PRINTING;— STATE PAPER. 
 
 — All public printing shall be let on contract, to the 
 lowest responsible bidder, by such executive officers, 
 and in such manner, as shall be prescribed by law. 
 Kan., 206. 
 
 — The printing and binding the laws and journals, 
 all blanks, paper and printing for the executive 
 departments, and all other printing ordered by the 
 Legislature, shall be let by contract to the lowest 
 bidder or bidders, who shall give adequate and satis- 
 factory security for the performance thereof. The 
 Legislature shall prescribe by law the manner in 
 which the State printing shall be executed, and the 
 accounts rendered therefor; and shall prohibit all 
 charges for constructive labor. They shall not rescind 
 nor alter such contract, nor release the person nor 
 persons taking the same, or his or their sureties, from 
 the performance of any of the conditions of the con- 
 tract. No member of the Legislature, nor officer of 
 the State, shall be interested directly or indirectly in 
 any such contract. Mich., 303. 
 
 — The Legislature shall not establish a State paper. 
 Every newspaper in the State which shall publish all 
 the general laws of any session within forty days of 
 their passage, shall be entitled to receive a sum not 
 exceeding fifteen dollars therefor. Mich., 304. 
 — The printing of the laws, journals, bills, legislative 
 documents, and papers for each branch of the Gen- 
 eral Assembly, with the printing required for the 
 Executive and other departments of State, shall be 
 let on contract, to the lowest responsible bidder, by 
 such executive officers, and in such manner as shall 
 be prescribed by law. Ohio, 443. 
 — There shall be elected by the qualified electors of 
 the State, at the same times and places of choosing 
 members of the Legislative Assembly, a State Printer, 
 who shall hold his office for the term of four years. 
 He shall perform all the public printing for the 
 State which may be provided by law. The rates to 
 be paid to him for such printing shall be fixed by 
 law, and shall neither be increased nor diminished 
 during the term for which he shall have been elected. 
 He shall give such security for the performance of 
 his duties as the Legislative Assembly may provide. 
 Or., 457. 
 
 — There shall be published by the Treasurer, in at 
 least one newspaper printed at the seat of govern- 
 ment, during the first week of January in each year, 
 and in the next volume of the acts of the Legisla- 
 ture, detailed statements of all moneys drawn from 
 the treasury during the preceding year, for what 
 purposes, and to whom paid, and by what law 
 authorized, and also of all moneys received, and by 
 what authority, and from whom. Minn., 327. 
 
80 
 
 AETIOLE IV. 
 
 1 Section 1. The executive power shall be vested in a Governor, who shall 
 
 2 hold his oflSce for two years ; a Lieutenant-Governor shall be chosen at the 
 
 3 same time and for the same term. 
 
 — The General Assembly shall provide, by law, that 
 the fuel and stationery furnished for the use of the 
 State, the copying, printing, binding, and distributing 
 the laws and journals, and all other priming ordered 
 by the General Assembly, shall be let, by contract, to 
 the lowest responsible bidder ; and that no member 
 of the General Assembly, or other officer of the 
 State, shall be interested, either directly or indirectly, 
 in any such contract ; Provided, That the General 
 Assembly may fix a maximum price. IK, 154. 
 
 EXPENSES OF THE LEGISLATURE. 
 
 — The General Assembly shall provide, by law, that 
 the fuel and stationery furnished for the use of the 
 State, the copying, printing, binding, and distributing 
 the laws and journals, and all other printing ordered 
 by the General Assembly, shall be let by contract, to 
 the lowest responsible bidder ; and that no member 
 of the General Assembly, or other officer of the State, 
 shall be interested, either directly or indirectly, in 
 any such contract ; Provided, That the General 
 Assembly may fix a maximum price. HI, 154. 
 — No book or other printed matter not appertaining 
 to the business of the session shall be purchased or 
 subscribed for, for the use of the members of the 
 General Assembly, or be distributed among them at 
 the public expense. Md., 262. 
 
 — The Legislature may provide by law for the pay- 
 ment of postage on all mailable matter received by 
 its members and officers during the sessions of the 
 Legislature, but not on any sent or mailed by them. 
 Mich., 302. 
 
 — The Legislature shall provide by law that all 
 stationery required for the use of the State, and all 
 printing authorized and required by them to be done 
 for their use, or for the State, shall be let by contract 
 to the lowest bidder ; but the Legislature may estab- 
 lish a maximum price. No member of the Legislature, 
 or other State officer, shall be interested either directly 
 or indirectly, in any such contract. Neb., 373. 
 — All stationery required for the use of the State shall 
 be furnished by the lowest responsible bidder, under 
 such regulations as may be prescribed by law ; but 
 no State officer or member of the Legislative Assembly 
 shall be interested in any bid or contract for furnish- 
 ing such stationery. Or., 456. 
 
 — The Legislature shall provide by law that all sta- 
 tionery required for the use of the State, and all print- 
 ing authorized and required by them to be done for 
 their use, or for the State, shall be let by contract to 
 the lowest bidder ; but the Legislature may establish 
 a maximum price. No member of the Legislature, 
 or other State officer, shall be interested, either 
 directly or indirectly, in any such contract. Wis., 563. 
 — That an appropriation may be made for the pay- 
 ment of such actual expenses as the members of the 
 Legislature may incur for postage, express charges, 
 newspapers, and stationery, not exceeding the sum 
 of sixty dollars for any general or special session, to 
 each member. Nev., 383. 
 
 LEGISLATION BT SUPERVISORS. 
 
 CLimited powers conferred upon Boards of Super- 
 visors.] ICan., 200 ; Mich., 304, 309; W. Fa., 554: 
 T7is., 563. ' ' 
 
 CHOICE OF UNITED STATES SENATORS. 
 
 — In the year in which a regular election for a Sena- 
 tor of the United States is to take place, the mem- 
 bers of the General Assembly shall meet in the hall 
 of the House of Representatives on the second Mon- 
 day following the meeting of the Legislature, and 
 proceed to said election. Za.., 229. 
 — Members of the Senate of the United States from 
 this State shall be elected by the two Houses of the 
 Legislature in joint convention, at such times and in 
 such manner as may be provided by law. Minn., 323. 
 — In all elections for United States Senators, such 
 elections shall be held in joint convention of both 
 Houses of the Legislature. It shall be the duty of 
 the Legislature which convenes next preceding the 
 expiration of the term of such Senator, to elect his 
 successor. If a vacancy in such senatorial represent- 
 ation from any cause occur, it shall be the duty of 
 the Legislature then in session or at the succeeding 
 session thereof, to supply such vacancy. If the Legis- 
 lature shall at any time, as herein provided, fail to 
 unite in a joint convention within twenty days after 
 the commencement of the session of the Legislature 
 for the election of such Senator, it shall be the duty 
 of the Governor, by proclamation, to convene the 
 two Houses of the Legislature in joint convention, 
 within not less than five days, nor exceeding ten 
 days from the f)ublication of his proclamation, and 
 the joint convention, when so assembled, shall proceed 
 to elect the Senator, as herein provided. Nev., 384. 
 — And in the election of United States Senators, 
 and in these cases the vote shall be taken "viva 
 voce.'' Ohio, 435. 
 
 — It shall be the duty of the two Houses, upon the 
 request of either, to join in grand committee, for the 
 purpose of electing Senators in Congress, at such 
 times and in such manner as may be prescribed by 
 law for said elections. R. I., 476. 
 
 [The Legislature shall proceed as early as practi- 
 cable to elect Senators to represent this State in the 
 Senate of the United States, and also provide for the 
 election of Representatives to the Congress of 
 the United States.] Tex., 509. 
 
 EXECUTIVE POWER— HOW VESTED. 
 
 — The supreme executive power of this State shall 
 be vested in a Governor. N. T. (1777), 28- Del 
 119; Ci., 109; 6a., 146; III, 157; Ind., 174:-,' Kan.', 
 198; Me., 244; Mass., 286; Mich., 304; Miss., 340- 
 Neb., 374; N. J., 415; Ohio, 435; Or., 452; Pa, 
 463; Tenn., 494; R. I., 477; Va., 639; W. Va., 551 
 Wis., 563. ' 
 
 —The supreme executive power of this State shall 
 be vested in a chief magistrate, who shall be styled 
 
 "the Governor of ." Ala., 78; Ark, 88; CaL 
 
 100; Fl, 130; Iowa, 187; Ky., 213; La., 229; Mo' 
 355; N. H., 405; Nev., 384; S. C, 485; Tex., 512, 
 —And whose title shall be, His Excellency. N. H.. 
 405. ■' ' 
 
 — Who shall be styled, the Oovernor of the Common- 
 wealth of Massachusetts ; and whose title shall be, His 
 Excellency. Mass., 286. 
 
 — The supreme executive power shall be vested in a 
 Governor, or, in his absence, a Lieutenant-Governor 
 and Council. Vt., 523. 
 
 — The Executive Department shall consist of a Gov- 
 ernor, Secretary of State, Auditor and Treasurer, who. 
 
81 
 
 1 S 2. No person except a citizen of the United States shall be eligible to 
 
 2 the oflBce of Governor, nor shall any person be eligible to that ofBce who shall 
 
 3 not have attained the age of thirty years, and who shall not have been five 
 
 4 years next preceding his election, a resident within this State. 
 
 shall be chosen by the electors of the State on the 
 second Tuesday of October, and at the places of 
 voting for members of the Legislature. Neh., 373. 
 — The Executive Department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, 
 Auditor, Treasurer and an Attorney-General, vpho 
 shall be chosen by the electors of the State (Miss., 
 323), on the second Tuesday of October, and at the 
 places of voting for members of the General Assem- 
 bly. Ohio, 435. 
 
 — The Supreme Executive power of the State, shall 
 be exercised by the Governor, or, in case of his absence 
 or disability, by the Lieutenant-Governor ; who shall 
 have all the powers and perform all the duties vested 
 in, and enjoined upon, the Governor and Council, by 
 the eleventh and twenty-seventh sections of the 
 second chapter of the Constitution, as at present 
 established, excepting that he shall not sit as a judge 
 in case of impeachment, nor grant reprieve or pardon 
 in any such case; nor shall he command the forces 
 of the State in person, in time of war or insurrection, 
 unless by the advice and consent of the Senate ; and 
 no longer than they shall approve thereof. The Gov- 
 ernor may have a Secretary of civil and military 
 affairs, to be by him appointed during pleasure, 
 whose services he may at all times command ; and 
 for whose compensation, provision shall be made by 
 law. Vt., 529. 
 
 — The Executive power of the State shall be vested 
 in a Governor, whose term of office shall commence 
 on the second Wednesday of January next ensuing 
 his election, and continue for four years, and until his 
 successor shall have qualified, but the Governor 
 chosen at the first election under this Constitution 
 shall not enter upon the discharge of the duties of 
 the office until the expiration of the term for which 
 the present incumbent was elected, unless the said 
 office shall become vacant by death, resignation, 
 removal from the State, or other disqualification of 
 said incumbent. Md., 258. 
 
 — The Executive Department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, 
 Auditor, Treasurer, Attorney-General and Superin- 
 tendent of Public Instruction, who shall be chosen 
 by the electors of the State at the time and place of 
 voting for members of the Legislature, and shall hold 
 their offices for the term of two years from the second 
 Monday of January next after their election, and 
 until their successors are elected and qualified. 
 Kim., 197. 
 
 QUALIFICATIONS OF GOVERNOR. 
 
 Citizenship: Native of the United States. Ala., 
 78; Me.,2U; Va., 539. 
 
 Citizen of the United States 2 years. Cal, 100; 
 Iowa, 188. 5 years: Ind., 174; Md., 259; Mich. 304; 
 10 years: Fl, 130; ;S'. C, 485. 12 years: Del, 119; 
 Oa., 147. 14 years : III, 158. 20 years : Mass., 340; 
 N. J. 416. Time not specified : Ky., 213 ; Miss., 323; 
 Mo.. 355; Or., 452; Knw., 494; Tex., 512; Wis., 564. 
 
 Citizens of State. La., 329; Miss., 320; Term., 
 494: Pa., 463 ; Va., 539. 
 
 Residence: Resident of State (actual). Me., 244. 
 1 year: Min., 323. 2 years: Cal, 100; Iowa, 188; 
 Mich., 304; Nev., 384. 3 years : Or., 452. 4 years: 
 Ala., 78; Ark, 88; Vt., 526. 5 years: Fl, 130; 
 lad., 174 ; La., 229; Mia., 340. 6 years : Del, 119 ; 
 Qa., 147; £y., 213; Tex., 512. 7 years: Mo., 355; 
 21 
 
 M H., 405; N. J., 416; Pa., 463; Tenn., 494. 10 
 years: lU., 154; S. C, 485. 
 
 Aqe: At least 25 years: Cal, 100; Min., 323; 
 Nev., 384. 30 years: Ala., 78; Arh, 88; Ct., 107; 
 Del., 119; Fl, 130; Ga., 147; Ind., 174; Iowa, 188; 
 Me., 244; Md., 259; MicJi., 304; Miss., 340; N. H., 
 405; iV:jr, 416; Pa., 463; S. C, 485; Tenn., 494; 
 Tex., 512; Va., 539. At least 35 years: III, 158; 
 Ky., 213; La., 229; Mo., 355. 
 
 Color and sex : Must be a white male. Mo., 355. 
 
 Freehold gnalifications : To the value of £1,000. 
 Mass., 286. 
 
 GOVERNOR TO HOLD NO OTHER OFFICE. 
 
 — No member of Congress or person holding any 
 office under the United States, or this State, shall 
 execute the office of Governor. Del, 119; Ind., 
 175; La., 229; Mich., 305; Pa., 436; Tenn., 495; ex- 
 cept as herein provided, Cal, 100; Iowa, 188: Kan., 
 198; iVei., 374; iVev., 385; OWo, 436; Of., 452. 
 — And no person shall hold the office of Governor, 
 and any other office or commission, civil or military 
 (except in the militia), under this State or the United 
 States, or any of them, or any other power, at one 
 and the same time. S. C, 485. 
 — Neither the Goveinor nor Lieutenant-Governor 
 shall be eligible to any other office during the term 
 for which he shall have been elected. Ind., 176. 
 — The person acting as Governor shall not be elected 
 or appointed to any other office during his term of 
 service. W. Va., 551. 
 
 — No person holding the office of Governor shall 
 hold any other office or commission, civil or military. 
 Tex., 514. 
 
 — No person elected Governor or Lieutenant-Gov- 
 ernor shall be eligible to any office or appointment 
 from the Legislature, or either House thereof, during 
 the time for which he was elected. All votes for 
 either of them for any such office shall be void. 
 Mich., 305. 
 
 —No person shall at one and the same time hold the 
 office of Governor and any other office or commis- 
 sion, civil or military, either under this State, the 
 United States, or any other State or Government. 
 Ala., 79. 
 
 — ^No person shall hold the office of Governor or 
 Lieutenant-Governor, and any other office or com- 
 mission, civil or military, either in this State or under 
 any State, or the United States, or any other power, 
 at one and the same time. Arh., 90. 
 — No Governor, Lieutenant-Governtir, or Judge of 
 the Supreme Judicial Court, shall hold any other 
 office or place under the authority of this Common- 
 wealth, except such as by the Constitution they are 
 admitted to hold, saving that the judges of the said 
 court rnay hold the offices of Justices of the Peace 
 through the State; nor shall they hold any other 
 place or office, or receive any pension or salary from 
 any other State, or government, or power, whatever. 
 Mass., 292. 
 
 — No person shall hold the office of Governor and 
 any other office or commission, civil or military, 
 either in this State, or under any State, or the United 
 States, or any other power, at one and the same 
 time, except the Lieutenant-Governor or the Speaker 
 of the House of Representatives, when he shall hold 
 the office as aforesaid. Fl, 130. 
 
82 
 
 1 S3. The Governor and Lieutenant-Governor shall be elected at the times 
 
 2 and places for choosing members of the Assembly. The persons respectively 
 
 3 having the highest number of votes for Governor and Lieutenant-Governor, 
 
 4 shall be elected ; but in case two or more shall have an equal and the highest 
 
 5 number of votes for Governor, or for Lieutenant-Governor, the two Houses of 
 
 6 the Legislature, at its next annual session, shall, forthwith, by joint ballot, 
 
 7 choose one of the said persons so having an equal and the highest number of 
 
 8 votes for Governor or Lieutenant-Governor. 
 
 TERM OF GOVERNOR. 
 
 One year: Ct, 109; Me., 2U; Mass., 286; N. K, 
 405; R. I., 477; Vt.. 522. Two years: N. Y. (1821), 
 37; Ala., 78; Oa., 146; Iowa, 188; Kan., 197; Mich., 
 304; Minn., 323; Miss., 340; Mo., 355; Neb., 373; 
 N. a, 429; Ohio, 435; W. Va., 551; Wi^., 563. 
 Three years: N. Y. (1777), 2i;N.J., ilG; Pa., 4C3. 
 Four years: Ai-k., 88; Ca!., (amendment of 1862); 
 Del, 119; Fl, 130; III, 152; Ind., 175; Ky., 213; 
 La., 229; Md., 258; Nev., 384; Or., 452; S. C, 485; 
 Tenn., 494; Tex., 512; Va., 539. 
 
 ELiaiBILITY TO SUBSEQUENT TERMS. 
 
 Ineligible for next term: Del., 119; Oa., 146; 
 Ky., 213; N. J., 416; /S. C, 485; Va., 539. May 
 hold 8 years in 12: Ark, 88; Or., 452; Tex., 512. 
 4 years in 8: III, 192; /nd, 174. 4 years in 6: 
 A/a., 78; Me., 358; Jfes., 340; N. C, 429. 6 years 
 in 9 : Pa., 463. 6 years in 8 : lenn., 494. 
 
 COMMENCEMENT OF GOVERNOR'S TERM. 
 
 1st day of January: Mich., 318; JV. Y. (1821), 44; 
 iV. C, 429. 1st Monday of January: iVeft., 373. 2d 
 Monday of January : III, 152; Iowa, 188; Ind., 175; 
 La., 229. 1st Wednesday of January: Me., 244. 
 3d Tuesday of January: N. J., 415; Pa., 463; Z>e?., 
 119, 1st Thursday after organization of Lpgislatuie, 
 or as soon thereafter as practicable : Tex., 612. 4th 
 day of March: W. Va., 551. 1st Wednesday of 
 May: Ct, 109. 3d Monday of November: Miss., 
 344. 5th Tuesday after election: Ky., 213. 1st 
 Monday of December : Cal, (amendment of 1862). 
 Time to be fixed by law : Or., 452. 
 — The term of office of the Governor, Lieutenant- 
 Governor, and Treasurer of the State, respectively, 
 shall commence when they shall be chosen and 
 qualified, and shall continue for the term of one year, 
 or until their successors shall be chosen and qualified, 
 or to the adjournment of the session of the Legisla- 
 ture, at which, by the Constitution and laws, their 
 successors are required to be chosen, and not after 
 such adjournment. Vt, 530. 
 
 GOVERNOR'S POWERS AS COMMANDER-IN- 
 CHIEF. 
 
 — The Governor shall be general and Commander- 
 in-Chief of all the militia, and admiral of the navy of 
 the State. JV. Y. (1821), 38. 
 
 — The Governor shall be Commander-in-Chief of the 
 militia, the army and navy of this State. Cal, 100 ; 
 (nearly similar), Fl, 130; Ga., 147; Iowa, 188; N. 
 J., 416. 
 
 — He shall be Commander-in-Chief of the army of 
 this State, and of the militia thereof, except when 
 they shall be palled into the service of the United 
 
 State,s. Ark, 89; Ct, 110; Del, 119; IK, 158; 
 La., 230; Miss., 341; Mo., 355; Neb., 374; Nev., 
 384; Ohio, 436; Pa., 463; Me., 244; R. I, 477; 
 S. C, 485; Tenn., 494; Tex., 512. 
 — The Governor shall be Ccmmander-in-Chief of the 
 military and naval forces, and may call out such forces 
 to execute the laws, to suppress insurrections and to 
 repel invasions. Mick., 304; Min., 323; Or., 452; 
 Ind., 175; Kan., 203. 
 
 — He shall be Commander-in-Chief of the land and 
 niival forces of the State; have power to embody the 
 militia to repel invasion, suppress insuirection, and 
 enforce the execution of the laws. Va., 539. 
 — But he need not command in person, unless advised 
 to do so by a resolution of the General Assembly. 
 Mo., 355. 
 
 — He shall have power to call forth the militia to exe- 
 cute the laws of the State, to suppress insurrections, 
 and to repel invasions; and shall appoint his Aide-de- 
 Camp. Ala., 79. 
 
 • — The Governor, for the time being, shall be Captain- 
 General and Commander-in-Chief of tlie militia; and 
 in the recess of ihe General Assembly, shall have 
 power, by and with the advice of the Council of 
 State, to embody the militia for the public safety. 
 N. C, 424. 
 
 — The Governor shall be Commander-in-Chief of the 
 land and naval forces of the State, and may call out 
 the miUtia to repel invasions, suppress insurrections, 
 and enforce the execution of the laws; but shall not 
 take the command in person without the consent of 
 the General Assembly. Md., 259. 
 — He shall be Commander-in-Chief of the army and 
 navy of this Commonwealth, and of the militia 
 thereof, except when they shall be called into the 
 .•service of the United States ; but lie sliall not com- 
 mand personally in the field, unless advised so to do 
 by a resolution of the General Assembly. Ky., 213. 
 — He shall be Commander-in-Chief of the army and 
 navy of this State, and of the militia thereof, except 
 when they shall be called into the service of the 
 United States ; and when acting in the service of tlie 
 United States, the General Assembly shall fix his 
 rank. Ala., 79. 
 
 — But he shall not march nor convey any of the citi- 
 zens out of the State without their consent, or that 
 of the Legislature, unless it shall become necessary, 
 in order to march or transport them from one part of 
 the State to another, for the defense thereof. Me., 244. 
 — The Governor of this Commonwealth, for the time 
 being, shall be the Commander-in-Chief of the army 
 and navy, and of all the military forces of the State, 
 by sea and land ; and shall have full power, by him- 
 self or by any commander, or other officer or officers, 
 from time to time, to train, instruct, exercise and 
 govern the militia and navy; ajid, lor the special 
 defense and safety of the Commonwealth, to assem- 
 ble in martial array and put in warlike posture the 
 inhabitants thereof, and to lead and conduct them, 
 and with them to encounter, repel, resist, expel and 
 prirsue, by force of arms, as well by sea as by land, 
 within or without the hmits of this Commonwealth, 
 
83 
 
 1 ^ L The Governor shall be Commander-in-Chief of the military and naval 
 
 2 forces of the State. He shall have power to convene the Legislature (or the 
 
 3 Senate only) on extraordinary occasions. He shall communicate by message 
 
 4 to the Legislature, at every session., the condition of the State, and recommend 
 
 5 such matters to them as he shall judge expedient. He shall transact all neces- 
 
 6 sary business with the officers of government, civil and military. He shall 
 
 and also to kill, slay and destroy, if necessary, and 
 conquer, by all fitting ways, enterprises and means 
 whatsoever, all and every such person and persons as 
 shall, at any time hereafter, in a hostile manner, 
 attempt and enterpiise the destruction, invasion, detri- 
 ment or annoyance of this Commonwealth ; and to 
 use and exercise, over the army and navy, and over 
 the militia in active service, the law martial, in time 
 of war or invasion, and also in time of rebellion, 
 declared by the Legislature to exist, as occasion shall 
 necessarily require ; and to take and surprise, by all 
 ways and means whatsoever, all and every such per- 
 son or persons, with their ships, arms, ammunition 
 and other goods as shall, in a hostile manner, invade 
 or attempt the invading, conquering or annoying this 
 Commonwealth ; and that the Governor be intrusted 
 with all these and other powers incident to the offices 
 of Captain-General and Commander-in-Chief, and 
 Admiral, to be exercised agreeably to the rules and 
 regulations of tlie Constitution, and the laws of the 
 land, and not otherwise. 
 
 Provided, That the said Governor shall not, at any 
 time, hereafter, by vii'tue of any power by this Con- 
 stitution granted, or hereafter to be granted to him 
 by the Legislature, transport any of the inhabitsmts 
 of this Commonwealth, or oblige them to march out 
 of the limits of the same, without their free and 
 voluntary consent, or the consent of the General 
 Court ; except so far as may be necessary to march 
 or transport them by land or water, for the defense 
 of such parts of the State to which they cannot other- 
 wise conveniently have access. Mass., 287 (nearly 
 similar), K K, 406. 
 
 — The Governor shall be Commander-in-Chief of the 
 military forces of the State ; shall have power to call 
 out Ihemihtiato repel invasion, suppress insurrection 
 and enforce the execution of the laws ; shall conduct 
 in person or in such njanner as may be prescribed by 
 law, all intercourse with other States; and during the 
 recess of the Legislature, shall fill temporarily all 
 vacancies in office, not provided for by this Constitu- 
 tion 01- the Legislature, by commissions, to expire at 
 the end of thirty days after the commencement of the 
 succeeding session of the Le.srislature. He shall take 
 care that the laws be faithfully executed; communi- 
 !ate to the Legislature at each session thereof the 
 condition of the State, and recommend to their con- 
 sideration such measures as he may deem expedient. 
 -He shall have power to remit fines and penalties in 
 such cnses and under such regulations as may be pre- 
 scribed by law; to commute capital punishment, and, 
 except when the prosecution has been carried on by 
 the House of Delegates, to grant reprieves and par- 
 dons after conviction; but he shall communicate to 
 the Legislature, at each session, the particulars of 
 everj' case of fine or penalty remitted, of punishment 
 commuted, and of reprieve or pardon granted, with 
 his reasons for remitting, commuting or granting the 
 same. W. Va., 552. 
 
 The Governor shall be Captain-General and Com- 
 mander-in-Chief of the forces of the State; but shall 
 not command in person, except advised thereto by 
 the Council, and then only so long as they shall 
 approve thereof. And the Lieutenant-Governor shall 
 by virtue of his office, be Lieutenant-General of all 
 the forces of the State. Va., 524. 
 When the Governor shall- be out of the State in 
 
 time of wdr, at the head of a military force thereof, 
 he shall continue Commander-in-Chief of all the 
 military forces of the State. Mich., 305. 
 — But when the Governor shall, with the consent of 
 the Legislature, be out of the State in time of war, 
 and at the head of any military force thereof, he shall 
 continue Commander-in-Chief of the military forces 
 of the State. Mv., 385. 
 
 GOVERNOR TO COMMUNICATE BY MESSAGE. 
 
 — That it shall be the duty of the Governor to inform 
 the Legislature, at every session, of the condition of 
 the State, so far as may respect his department; to 
 recommend such matters to their consideration as 
 shall appear to him to concern its good government, 
 welfare and prosperity, to correspond with the Con- 
 tinental Congress, and other States; to transact all 
 necessary business with the officers of government, 
 civil and military ; to take care that the laws are 
 faithfully executed, to the best of his ability, and to 
 expedite all such measures as may be resolved upon 
 by the Legislature. N. Y. (1777), 29. 
 — He shall from time to time give to the General 
 Assembly information of the state of the Govern- 
 ment, and recommend to their consideration such 
 measures as he may deem expedient. Ala., 79; Arh, 
 89; Cat, WO; Ct, 110; Del, 120; Fl, 131; 111, 
 158; /nd, 175; loiva, 188; Kan., 198; Ay., 213; La., 
 230; Me., 245; Md., 2G0; Mich., 304; Min., 323; 
 J/iss., .341 ; Mo.,Zbb; Aei., 374; A^et;., 386; Ohio, 
 436; Or., 452; Pa., 463; ;?. C, 485 ; Term., i96; 
 Tex., 513; Fa., 539; W. Fa., 552; Wis., bG^. 
 
 GOVERNOR TO TRANSACT BUSINESS WITH 
 OTHER STATES— HE MAY REQUIRE RE- 
 PORTS FROM PUBLIC OFFICERS. 
 
 — He may require from the Secretary of State, the 
 Comptroller of Public Accounts, and the State Treas- 
 urer, information in writing on any subject relating 
 to the duties of their respective offices. .47a., 79. 
 — He shall transact all necessary business with officers 
 of government, and may require information in writ- 
 ing from the officers of the Executive department 
 upon any subject relating to the duties of their 
 respective offices. Cat, 100; Tnd., 175; Iowa, 188; 
 MA, 304; A/et)., 384; Or., 453; TFis,, 564. 
 — He may require any information, in w.iting, from 
 the officers of the Executive department on any sub- 
 ject relating to the duties of their respective offices. 
 Ark.,8d; Ct., 110; Del, 120; Fl. 130; III, 158; 
 Kan., 198; Ky., 213; La., 230; Me., 245; Miss., 
 341; Neb., 374; Ohio, 435; Pa., 463; S. C, 485; 
 Tenn., 495; Tex., 513. 
 
 — Conduct, either in person or in such other manner 
 as shall be prescribed by law, all intercourse with 
 other and foreign States. Va., 539. 
 — The officers of the Executive department, and of 
 all public State institutions, shall at least ten days 
 preceding each i-egular session of the Legislature, 
 severally report to the Governor, who shall transmit 
 such reports to the Legislature. Kan., 198; (ten 
 days before shall transmit, &c.,) Ohio, 436. 
 — it shall be the duty of the Governor semi-annually, 
 
84 
 
 7 expedite all such measures as may be resolved upon by the Legislature, and 
 
 8 shall take care that the laws are faithfully executed. He shall, at stated 
 
 9 times, receive for his services a compensation to be established by law, which 
 
 10 shall neither be increased nor diminished after his election or during his con- 
 
 11 tinuance in office. 
 
 and ofcener if he deem it expedient, to examine the 
 bank book, account books and oflicial proceedings of 
 the Ti-easurer and Comptroller of the State. Md., 
 260. 
 
 — He may require the opinion, in writing, of the 
 principal officer in each of the Executive depart- 
 ment!!, upon any subject relating to the duties of their 
 respective offices. Ind., 175 ; Minn., 323 ; Vt, 540 ; 
 W. Va., 552. 
 
 — And may also require the opinion in writing of the 
 Attorney-General upon any question of law con- 
 nected with his official duties. Va., 540 ; W. Va., 
 552. 
 
 — He shall transact all necessary business with the 
 officers of government, civil and military. He shall 
 expedite all such measures as may be resolved upon 
 by the Legislature, and shall take care that the laws 
 are faithfully executed. He shall at stated times 
 receive for his services, a compensation which shall 
 neither be increased nor diminished during the term 
 for which he shall have been elected. N. Y. (1821), 
 38. 
 
 [The Governor and Council.] Are to correspond 
 witih other States, transact business with officers of 
 Government, civil and military, and to prepare such 
 business as may appear to them necessary to lay 
 before the General Assembly. 
 
 APPOINTING POWER OP GOVERNOR. 
 
 — He shall appoint all officers whose offices are estab- 
 lished by this Constitution, or shall be established by 
 law, and whose appointments are not herein other- 
 wise provided for. DeJ., 119. 
 
 — The Governor shall nomhiate, and, by and with 
 the advice and consent of the Senate (a majority of 
 all the Senators concurring), appoint all officeris whose 
 offices are established by this Constitution, or which 
 may be created by law, and whose appointments are 
 not otherwise provided for; and no such officer shall 
 be ajipointed or elected by the General Assembly. 
 2ll., 158. 
 
 — Tne appointing power shall remain as heretofore, 
 and all officers in the appointment of the Executive 
 Department shall continue in the exercise of the 
 duties of their respective offices until the Legislature 
 shall pass such laws as may be required by the eighth 
 section of the sixth article of the amended Constitu- 
 tion, and until appointments shall be made under 
 such laws; unless their commissions shall be super- 
 seded by new appointments, or shall sooner expire 
 by their own limitations, or the said offices shall 
 become vacant by death or resignation, and such laws 
 shall be enacted by the first Legislature under the 
 amended Constitution. Pa., 469. 
 — The Senate shall vote on the confirmation or rejec- 
 tion of the officers to be appointed by the Governor 
 with the advice and consent of the Senate, by yeas 
 and nays; and the names of the Senators voting for 
 and against the appointments, respectively, shall be 
 entered on a journal to be kept for that purpose, and 
 made public at the end of each session, or before. 
 La., 229. 
 
 — 'All civil officers appointed by the Governor and 
 S .nate sJuiU be nominated to the Senate within fifty 
 days from the commencement of each regular session 
 of the General Assembly, and their term of office, 
 
 except in cases otherwise provided for in this Consti- 
 tution, shall commence on tlie first Monday of May 
 next ensuing their appointment, and continue for two 
 years (unless sooner lemoved from office), and until 
 their successors respectively qualify according to law. 
 Md., 259. 
 
 — A person once rejected by the Senate shall not be 
 re-appointed by the Governor to the same office 
 during the same session or the recess thereafter. 
 [Oa. 147 ; i/d, 259.] 
 
 — Unless at the request of the Senate. Md., 259. 
 — He shall nominate, and by and with the advice and 
 consent of the Senate, appoint all officers whose offices 
 are established by the Constitution, and whose 
 appointments are not herein otherwise provided for; 
 Provided, however, That the Legislature shall have a 
 right to prescribe the mode of appointment to all 
 other offices established by law. La., 230 ; Md., 259. 
 — The Governor, and in his absence the Lieutenant- 
 Governor [with the Council (the major part of whom 
 including the Governor or Lieutenant-Governor, ishall 
 be a quorum to transact business)], shall have power 
 to commission all officers, and also to appoint officers 
 except where provision is or shall be otherwise made 
 by law, or this frame of government; and shall sup- 
 ply everj' vacancy in any office occasioned by death 
 or otherwise, until the office can be filled in the man- 
 ner directed by law, or this Constitution. Vt, 529. 
 — He shall have power, by and with the advice and 
 consent of the Senate to appoint a State Librarian 
 and Notary Public, and such other officers as may be 
 provided by law. He shall have power to appoint 
 commissioners to take the acknowledgment of deeds, 
 or other instruments in writing, to be used in this 
 Stnte. Mr?., 323. 
 
 —He shall have power to fill all vacancies that may 
 happen in such judicial offices during the recess of 
 the Senate, by granting commissions, which shall 
 expire at the end of their next session; Provided, 
 That in acting on executive nominations the Senate 
 shall sit with open doors, and in confirming or reject- 
 ing the nominations of the Governor the vote shall 
 be taken by yeas and nays. Pa., 463. 
 — Nominations to fill all vacancies that may have 
 occurred during the recess, shall be made to the Sen- 
 ate during the first ten days of its session. And 
 should any nomination so made be rejected, the same 
 individual shall not again be nominated duiing the 
 session to fill the same office ; and should the Gov- 
 ernor fail to make nominations to fill any vacancy 
 during tlie session of the Senate, such vacancy shall 
 not be filled by the Governor until the next meeting 
 of the Senate. Tex. 514. 
 
 — The Governor and Council shall have a negative 
 on each other, both in the nominations and apprint- 
 ments. Every nomination and appointment shall be 
 signed by the Governor and Council, and every nega- 
 tive shall be also signed by the Governor or Council, 
 who made the same. N. B., 406. 
 — And this Convention do further, in the name and 
 by the authority of the people of this State, ordain, 
 determine and declare. That by the true construction 
 of the twenty-third article of the Constitution of 
 this State, the right to nominate all officers other 
 than those who by the Constitution are directed to 
 be otherwise appointed, is vested concurrently in the 
 person administering the government of this State 
 for the time being and in each of the members of the 
 Council of Appointment. 
 
85 
 
 GENERAL POWERS OF GOVERNOR. 
 
 — The Governor shall have power, and it shall be his 
 duty, except at such times as the Legislature may be 
 in session, to examine into the condition and adminis- 
 tration of any public office, and the acts of any public 
 officer, elective or appointed; to remove from office 
 for gross neglect of duty, or for corrupt conduct in 
 office, or any other misfeasance or malfeasance therein, 
 either of the following officers, to wit: The Attorney- 
 General, State Treasurer, Commissioner of the Land 
 Office, Secretary of State, Auditor-General, Superin- 
 tendent of Public Instruction, or members of the 
 State Board of Education, or any other officer of 
 the State, except legislative and judicial, elective or 
 appointed ; and to appoint a successor for the remain- 
 der of their respective unexpired terms of office, and 
 report the causes of such removal to the Legislature 
 at its next session. Mich., 310. 
 — The Governor, for the time being, shall have power 
 to draw for and apply such sums of money as shall be 
 voted by the General Assembly, for the contingencies 
 of government, and be accountable to them for the 
 same. He also may, by and with the advice of the 
 Council of State, lay embargoes, or prohibit the ex- 
 portation of any commodity, for any term not exceed- 
 ing thirty days, at any one time in the recess of the 
 General Assembly ; and shall have the power of 
 granting pardons and reprieves, except where the 
 prosecution shall be carried on by the General 
 Assembly, or the law shall otherwise direct; in which 
 case, he may, in the recess, grant a reprieve until the 
 next sitting of the General Assembly ; and he may 
 exercise all the other executive powers of govern- 
 ment, limited and restrained, as by this Constitution 
 is mentioned, and according to the laws of the State. 
 And, on his death, inability, or absence from the 
 State, the Speaker of the Senate, for the time being, 
 and in case of his death, inability, or absence from 
 the State, the Speaker of the House of Commons shall 
 exercise the powers of Government after such death, 
 or during such absence or inability of the Governor, 
 or Speaker of the Senate, or until a new nomination 
 is made by the General Assembly. N. C, 424. 
 — He shall take care that the laws be faithfully exe- 
 cuted. AU., 79; Ark, 89; Cal, 100; Ct., 110; Dd., 
 120; Fl, 131; Ind., 175; Iowa, 188; Kan., 196; Ky., 
 213; La., 230; Md., 259; Mf,., 245; Mich., 304; Min., 
 323 ; MI.SS., 341 ; Mo., 355 ; Neb.. 434 ; Nev., 384 • Ohio, 
 435; Or., 452; N. J., 416; Pa., 463; R. I., 477; 
 S. C, 485; Tenn., 495; Tex., 513; Va., 539; W. Va., 
 552; Wis., 564. 
 
 — To take care that the laws be distributed. Mo., 355. 
 — And shall be a conservator of peace throughout the 
 State. Mo., 355. 
 
 SALARY OF GOVERNOR. 
 
 — He shall, at Stated times, receive a compensation, 
 for his services, which shall not be increased or di- 
 minished during the term for which he shall have 
 been elected ; nor shall he receive, within that period, 
 any other emolument from the United States, or any 
 one of them, or from any foreign power. Arh, 89. 
 — The Governor and Council shall be compensated 
 for their services, from time to time, by such grants 
 as the General Court shall think reasonable. iV. H., 
 407. 
 
 — As the public good requires that the Governor 
 should not be under the undue influence of any of 
 the members of the General Court, by a dependence 
 on them for his support — that he should in all cases, 
 act with freedom for the benefit of the public — that 
 he should not have his attention necessarily diverted 
 from that object to his private concerns — and that he 
 should maintain the dignity of the Commonwealth in 
 the character of its Chief Magistrate — it is necessary 
 that he should have an honorable stated sj,lary, of a 
 fixed and permanent value, amply sufficient for those 
 purposes, and established by standing laws; and it 
 shall be among the first acts of the General Court, 
 22 
 
 after the commencement of this Constitution, tp es- 
 tablish such salary by law accordingly. Mass., 288. 
 — He shall, at stated times, receive a compensation 
 for his services, which shall not be either increased 
 or diminished during the term for which he shall 
 have been elected. Ala., 78; Del, 119; Ind., 176; Fl, 
 130; £y., 213 ; Me., 244; Miss., 341 ; Mo., 355; N. J., 
 416; Pa., 463; R. I, 477; S. C, 585; Tenn., 495. 
 — The compensation of the Governor, Lieutenant- 
 Governor, Senators and Representatives shall be 
 established by law, and shall not be varied so as to 
 take effect until after an election, which shall next 
 succeed the passage of the law establishing said com- 
 pensation. Ct, 110. 
 
 — The Lieutenant-Governor, Secretary of State, 
 Comptroller, Treasurer, Attorney-General and Sur- 
 veyor-General, shall each, at stated times during 
 their continuance in office, receive for their services a 
 compensation, which shall not be increased or dimin- 
 ished during the term for which they shall have been 
 elected ; but neither of these officers shall receive tor 
 his own use any fees for the performance of his 
 official duties. Cal, 101. 
 —Salary $1,000. Mich., 308; Neh., 37i 
 
 do 1,250. Wis., 564. 
 
 do 1,500. in., 158 ; Dr., 457. 
 
 do 2,000. W. Va., 552. 
 
 do 2,500. Minn., 323. 
 
 do 3,000. (Minimum.) Fl, 130. 
 
 do 4,000. j¥d, 260; iVeu., 393; Jkc., 512. 
 
 do 5,000. Va., 539. 
 
 do 8,000. La., 230. 
 
 do 10,000. Cal, 106. 
 — The President of the Senate and the Speaker of 
 the House of Representatives shall, during the time 
 they respectively administer the government, receive 
 the same compensation which the Governor would 
 have received if he had been employed in the duties 
 of his office. Ala., 80. 
 
 — The Lieutenant-Governor shall while he acts as 
 President of the Senate, receive for his services the 
 same compensation which shall be allowed to the 
 Speaker of the House of Representatives and no 
 more; and during the time he administers the gov- 
 ernment as Governor shall receive the same compen- 
 sation which the Governor would have received had 
 he been employed in the duties of his office and no 
 more. The President for the time being of the Sen- 
 ate shall, during the time he administers the govern- 
 ment, receive in like manner the same compensation 
 which the Governor would have received had he 
 been employed in the duties of his office. If the 
 Lieutenant-Governor shall be required to administer 
 the Government, and shall, whilst in such adminis- 
 tration die, resign, or be absent from the State, dur- 
 ing the recess of the Legislature, it shall be the duty 
 of the Secretary of State to convene the Senate, for 
 the purpose of choosing a President for the time 
 being. Tex., 513. 
 
 — The Governor shall have a competent salary, which 
 .shall not be increased nor diminished during the time 
 for which he shall have been elected; neither shall 
 he receive within that time any other emolument 
 from the United States, or either of them, nor from 
 any foreign power. Oa., 146. 
 
 — During his continuance in office shall receive no 
 other emolument from this or any other government. 
 Va., 539 ; W. Va., 552. 
 
 — The Governor shall reside at the seat of Govern- 
 ment, and receive a salary of fifteen hundred dollars 
 per annum, which shall not be increased or dimin- 
 ished ; and he shall not during the time for which he 
 shall have been elected, receive any emolument from 
 the United States, or either of them. lU., 158. 
 — Until the Legislature shall otherwise direct, in ac- 
 cordance with the provisions of this Constitution, the 
 salary of the Governor shall be ten thousand dollars 
 per annum ; and the salary of the Lieutenant-Gov- 
 ernor shall be double the pay of a State Senator; and 
 the pay of the members of the Legislature shall be six- 
 teen dollars per diem while in attendance, and sixteen 
 dollars for every twenty miles travel by the usual 
 
86 
 
 1 §5. The Governor shall have the power to grant reprieves, commutations 
 
 2 and pardons, after conviction, for all offenses except treason and cases of 
 
 3 impeachment, upon such conditions and with such restrictions and limitations 
 
 4 as he may think proper, subject to such regulations as may be provided by 
 
 5 law relative to the manner of applying for pardons. Upon conviction for 
 
 6 treason, he shall have power to suspend the execution of the sentence until 
 
 route from their residences, to the place of holding 
 the session of the Legislature, and returning there- 
 from. And the Legislature shall fix the salaries of 
 all officers, other than those elected by the people at 
 the first election. Cat, 106. 
 
 (1) N. Y., (1821), 38. 
 
 PARDONING POWER. 
 
 — ^He shall have power to remit fines and forfeitures, 
 and grant reprieves and pardons, except in cases of 
 impeachment. Pa., 463; Tenn., i9i. 
 — He shiJl have power to grant reprieves and par- 
 dons, after conviction, for offenses against the State, 
 except in oases of impeachment. Min., 323. 
 — He shall have power to grant reprieves after con- 
 viction, in all cases except those of impeachment, 
 until the end of the next session of the General 
 Assembly {R. Z, 477) and no longer. Ct., 110. 
 — The pardoning power shall be vested in the Gover- 
 nor, under regulations and restrictions prescribed by 
 law. Kan., 198. 
 
 — He shall have power, with the advice and consent 
 of the Council, to remit, after conviction, all forfeit- 
 ure and penalties, and grant reprieves and pardons, 
 except in oases of impeachment. Me., 245. 
 — In all criminal and penal oases (except of impeach- 
 ment), after conviction, he .shall have power to grant 
 reprieves and pardons, and remit fines and forfeitures, 
 under such rules and regulations as shall be prescribed 
 by law. Fl, 131. 
 
 — He shall have power to grant reprieves for offenses 
 against the State, except in cases of impeachment, 
 and to grant pardons, or to remit any part of a sen- 
 tence, in all cases after conviction, except for treason, 
 murder, or other capital offenses, in which case he 
 may respite the execution, and make report thereof 
 to the next General Assembly. Oa., 147. 
 — The Governor or person administeiing the govern- 
 ment shall have power to suspend the collection of 
 fines and forfeitures, and to grant reprieves to extend 
 until the expiration of a time not exceeding ninety 
 days after conviction ; but this power shall not extend 
 to cases of impeachment. N. J., 416. 
 — The Governor, Justices of the Supreme Court, and 
 Attorney-General, or a major part of them, of whom 
 the Governor shall be one, may, upon such conditions 
 and with such limitations and restrictions as they 
 may think proper, remit fines and forfeitures, com- 
 mute punishments, and grant pardons after convic- 
 tions in all cases, except treason and impeachments, 
 subject to such regulations <is may be provided by 
 law relative to the manner of applying for pardons. 
 Nev., 385. 
 
 — In all criminal and penal cases, except those of 
 treason and impeachment, he shall have power to 
 grant reprieves and pardons, and to remit fines and 
 forfeitures, under such rules and regulations as may 
 be prescribed by law; and in cases of treason he 
 shall have power, by and with the advice and consent 
 of the Senate, to grant reprieves and pardons, and in 
 
 the recess of the Senate he may respite the sentence 
 until the end of the next session of the General 
 Assembly. Ala., 79; Ark., 89; Tex., 513 ; Miss., 341. 
 — The Governor shall have the power to grant 
 reprieves, commutations and pardons, after convic- 
 tion, for all offenses except treason and cases of 
 impeachment, upon such conditions and with such 
 restrictions and limitations as he may think proper, 
 subject to such regulations as may be provided by law 
 relative to the manner of applying for pardons. He 
 shall, at each session of the General Assembly, com- 
 municate to that body each case of reprieve, commu- 
 tation or pardon granted; stating the name of the 
 convict, the crime of which he was convicted, the 
 sentence and its date, the date of the commutation, 
 pardon or reprieve, and the reason for granting the 
 same [Mo., 355; Or., 453 (nearly similar). III, 158; 
 Cal, 100; Ind., 175; loiva, 188; Midi., 305; Nev, 
 385 ; Ohio, 436 ; Wis., 564], and also the names of 
 all persons in whose favor remission of fines and for- 
 feitures shall have been made, and the several 
 amounts remitted : Provided, however, That the Gen- 
 eral Assembly may, by law, constitute a council to 
 be composed of oflBcers of State, without whose advice 
 and consent the Governor shall not have power to 
 grant pardons in any case, except such as may by law 
 be left to his sole power. Ind., 175. 
 — Upon conviction for treason, he shall have the 
 power to suspend the execution of the sentence until 
 the case shall be reported to the Legislature at its next 
 meeting, when the Legislature shall either pardon, or 
 commute the sentence, direct the execution of the 
 sentence, or grant a further reprieve. Cal., 100; 
 lU., 158; Ind., 175; Wis., 564; Iowa, 188; Mich., 
 305; Nev.. 385 ;^0r., 453 ; Ohio, 436. 
 — He shall have power to remit fines and forfeitures, 
 under such regulations as may be prescribed by law ; 
 and shall report to the General Assembly at its next 
 meeting, each case of reprieve, commutation, or par- 
 don granted, and the reasons therefor; and also all 
 persons in whose favor remission of fines and forfeit- 
 ures shall have been made and the several amounts 
 remitted. Iov)a, 188 ; Or., 453. 
 — He shall have power to grant reprieves and par- 
 dons, except in cases of impeachment, and in cases in 
 which he is prohibited by other articles of this Con- 
 stitution, and to remit fines and forfeitiires for offenses 
 against the State ; but shall not remit the principal or 
 interest of any debt due to the State, except in cases 
 of fines and forfeitures ; and befoi-e granting a noUe 
 prosequi, or pardon, he shall give notice in one or more 
 newspapers of the application made for it, and of the 
 day on or after which his decision will be given ; and 
 in every case in which he exercises this power, he 
 shall report to either branch of the General Assembly 
 whenever required, the petitions, recommendations 
 and reasons which influence his decision. Md., 260. 
 — He shall have power to grant reprieves and pardons 
 after conviction (except in cases of impeachment), in 
 such manner, on such terms and under such restric- 
 tions as he shall think proper, and he shall have 
 power to remit fines and forfeiture, unless otherwise 
 directed by law. It shall be his duty to report to the 
 General Assembly at the next regular session there- 
 after all pardons granted by him, with a full state- 
 ment of each case and the reason moving him there- 
 unto. S. a, 485. 
 
87 
 
 7 the case shall be reported to the Legislature at its next meeting, -when the 
 
 8 Legislature shall either pardon or commute the sentence, direct the execution 
 
 9 of the sentence, or grant a further reprieve. He shall annually communicate 
 
 10 to the Legislature each case of reprieve, commutation or pardon granted ; 
 
 11 stating the name of each convict, the crime of which he was convicted, the 
 
 12 sentence and its date, and the date of the commutation, pardon or reprieve.(') 
 
 — He shall have power to remit fines and forfeitures 
 and to grant reprieves and pardons, except in cases 
 of impeacliment. He shall set forth in writing, fully, 
 the grounds of all reprieves, pardons and remissions, 
 to be entered in the register of his official acts, and 
 laid before the General Assembly at their next ses- 
 sion. Del, 120. 
 
 — The G-overi^r, or person administering the gov- 
 ernment, the Chancellor, and the six Judges of the 
 Court of Errors and Appeals, or a major part of them, 
 of whom the Governor, or person administering the 
 government shall be one, may remit fines and forfeit- 
 ures and giant pardons, after conviction, in all cases 
 except impeachment. A'. J., 416. 
 — The Governor shall have power to grant reprieves 
 for all offenses against the State, and except in cases 
 of impeachment, shall, with the consent of the Sen- 
 ate, have power to grant pardons, remit fines and for- 
 feitures, after conviction. In cases of treason he 
 may grant reprieves until the end of the next session 
 of the General Assembly, in which the power of par- 
 doning shall be vested. La., 230. 
 — The power of pardoning offenses, except such as 
 persons may be convicted of before the Senate by 
 impeachment of the House, shall be in the Governor, 
 by and with the advice of Council; but no charter 
 of pardon granted by the Governor, with advice of 
 Council, before conviction, shall avail the party 
 pleading the same, notwithstanding any general or 
 particular expressions contained therein descriptive 
 of the offense or offenses intended to be pardoned. 
 N. a, 406. 
 
 — He shall have power to remit fines and forfeitures, 
 grant reprieves and pardons, except in cases of im- 
 peachment. In cases cf treason, he shall have power 
 to grant reprieves until the end of the ne.xt session of 
 the General Assembly, in which the power of par- 
 doning shall be vested ; but he shall have no power 
 to ren-it the fees of the clerk, sheriff, or Common- 
 wealth's attorney, in penal or criminal cases. Ey., 
 213. 
 
 — The power of pardoning offenses, except such as 
 persons may be convicted of before the Senate, by aa 
 impeachment of the House, shall be in the Governor, 
 by and with the advice of council ; but no charter or 
 pardon granted by the Governor, with advice of the 
 council, before conviction, shall avail the party plead- 
 ing the same, notwithstandmg any general or par- 
 ticular expressions contained therein, descriptive of 
 the offense or offenses intended to be pardoned. 
 Mass., 287. 
 
 — He shall have power, after conviction, to grant 
 reprieves, commutations and pardons, for all crimes 
 and offenses except treason and cases of impeachment, 
 upon such conditions as he may think proper; sub- 
 ject, however, to such regulations as to the manner 
 of applying for pardon as may be prescribed by law. 
 Xeb., 374. 
 
 — He shall communicate to the Legislature at every 
 regular session each case of leprieve, commutation or 
 pardon granted ; stating the name and crime of the 
 convict, the sentence, its date, and the date of the 
 commutation, pardon or reprieve, with his reasons 
 therefor. Nei., 374. 
 
 — The Governor, by and with the advice and consent 
 of the Senate, shall hereafter exclusively exercise the 
 pardoning power, except in cases of impeachment, 
 to the same extent as such power is now exercised 
 by the General Assembly, i?. I., 481. 
 — He shall have power to remit fines and penalties 
 in such cases and under such rules and regulations as 
 may be prescribed by law ; and, except when the 
 prosecution has been carried on by the House of 
 Delegates, or the law shall otherwise particularly 
 direct, to grant reprieves and pardons after convic- 
 tion, and to commute capital punishment; but he 
 shall communicate to the General Assembly, at each 
 session, the particulars of every case of fine or penalty 
 remitted, of reprieve or pardon granted, and of pun- 
 ishment commuted, with his reasons for remitting, 
 granting or commuting the same. Va., 539. 
 — And, at his discretion, to grant reprieves and par- 
 dons to pereons convicted of crimes, other than trea- 
 son or murder, in which he may suspend the execu- 
 tion of the sentence, until it shall be reported to the 
 Legislature at their subsequent meeting; and they 
 shall either pardon or direct the execution of the 
 criminal, or grant a further reprieve. Ni Y. (1777), 
 24. 
 
 — The General Assembly shall have power, by a vote 
 of two-thirds of each branch, to grant pardons in 
 cases of final conviction for treason, and to pardon oi 
 commute after final conviction in capital cases. 6a., 
 146. 
 
 — The Governor and Council shall have power to 
 grant pardons and remit fines, in all cases whatso- 
 ever, except in treason and murder, in which they 
 shall have power to grant reprieves, but not to pardon 
 until after the end of the next session of Assembly ; 
 and except in cases of impeachment, in which there 
 shall be no remission or mitigation of punishment, 
 but by act of legislation. Va., 524 
 
88 
 
 1 S 6. In case of the impeachment of the Governor, or his removal from 
 
 2 office, death, inability to discharge the powers and duties of the said office, 
 
 3 resignation or absence from the State, the powers and duties of the office shall 
 
 4 devolve upon the Lieutenant-Governor for the residue of the term, or until the 
 
 5 disability shall cease. But when the Governor shall, with the consent of the 
 
 6 Legislature, be out of the State in time of war, at the head of a military force 
 
 7 thereof, he shall continue Oommander-in Chief of all the military force of the 
 
 8 State. 
 
 VACANCIES IN THE OFFICE OF GOVERNOR. 
 
 — Whenever the chair of the Grovernor shall become 
 vacant by reason of his death, absence from the State, 
 or otherwise, the President of the Senate shall, during 
 such vacancy, have and exercise all the powers and 
 authorities which, by this Constitution, the Grovernor 
 is vested with when personally present; but when, 
 tlie President of the Senate shall exercise the office 
 of Grovernor, he shall not hold his office in the Senate. 
 
 jsr. n., 406. 
 
 — And in case of his absence, or impeachment, or 
 when he shall exercise the office of Governor, the 
 Senate shall choose a president pro timpore. Ohio, 
 436; Iowa, 188. 
 
 — The Senate shall choose a President ^Jro tempore, 
 to preside in case of his absence or impeachment, or 
 when he shall hold the office of Governor. Kan., 
 198; (nearly similar), Ind., 175; Nev., 385; Min., 
 324; Md., 259; La., 230; S. C, 485. 
 — If, by reason of death, resignation, absence or other 
 cause, there be no Governor or Lieutenant-Governor 
 present to preside in the Senate, the Senate shall elect 
 one of their ovyn members to preside during such 
 absence or vacancy ; and until such election is made 
 by the Senate, the Secretary of State shall preside. 
 M. I., 477. 
 
 — During a vacancy in the office of Governor, if the 
 Lieutenant-Governor die, resign, be impeached, dis- 
 placed, be incapable of perfonning the duties of his 
 office, or absent from the State, the Presidei^t pro 
 tempore of the Senate shall act as Governor until the 
 vacancy be filled or the disability cease. Mich., 305. 
 , — 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 of State, for the 
 time being, to convene the Senate for the purpose of 
 choosing a Speaker. Ky., 214. 
 
 — A member of the Senate or of the House of Repre- 
 sentatives being chosen, and acting as Governor or 
 Lieutenant-Governor, shall thereupon vacate his seat, 
 and another person shall be elected in his stead. S. 
 a, 485. 
 
 — In case of the impeachment of the Governor, his 
 removal from office, death, resignation, or absence 
 from the State, the powers and duties of the office 
 shall devolve upon the Secretary of State, until such 
 disability shall cease, or the vacancy be filled. Neb., 
 374. 
 
 — If, during the vacancy of the office of Governor, 
 the Secretary of State shall be impeached, displaced, 
 resign, die, or be absent from. the State, the powers 
 and duties of the office of Governor shall devolve 
 upon the President of the Senate, and should a 
 vacancy occur by impeachment, death, resignation, 
 or absence from the State of the President of the 
 Senate, the Speaker of the House of Representatives 
 shall act as Governor till the vacancy be filled. Neb. 
 374. 
 
 — In case of a vacancy in the office of Governor from 
 any other cause than those herein enumerated, or in 
 case of the death of the Governor elect, before he 
 is qualified into office, the powers, duties and emolu- 
 ments of the office shall devolve upon the President 
 of the Senate or Speaker of the House of Assembly, 
 as above provided for; until a new Governor be 
 elected and qualified. JV. J., 417 ; III, 159. 
 — When the Government shall be administered by the 
 Lieutenant-Governor, or he shall be unable to attend 
 as President of the Senate, the Senate shall elect one 
 of their members ais President pro tempore. And if, 
 during the vacancy of the office of Governor, the 
 Lieutenant-Governor shall die, resign, refuse to serve, 
 or be removed from office, or if he shall be impeached, 
 m absent from the State, the President of the Senate 
 pro tempore shall, in like manner, administer the gov- 
 ernment, until he be superseded by a Governor or 
 Lieutenant-Governor. Ct, 110. 
 — Whenever the government shall be administered 
 by the Lieutenant-Governor, or he shall be unable to 
 attend as Speaker of the Senate, the Senators shall 
 elect one of their own number as Speaker for that 
 occasion ; and if, during the vacancy of the office 
 of Governor, the Lieutenant-Governor should be 
 impeached, removed fi'om office, refuse to qualify, 
 or resign, or die, or be absent from the State, the 
 Speaker of the Senate shall, in like manner, admin- 
 ister the government. III., 158 ; Arh., 90 ; (nearlv 
 similar), N. Y. (1777), 30. > ; v j 
 
 — In case of the death, resignation, or disability of 
 the Governor, the President of the Senate shall exer- 
 cise the executive powers of the government until 
 such disability be removed, or a successor is elected 
 and qualified. And in case of the death, resignation, 
 or disability of the President of the Senate, the 
 Speaker of the House of Representatives shall exer- 
 cise the executive powers of the government until the 
 removal of the disabihty or the election and qualifi- 
 cation of a Governor. Ga., 147; (nearly similar). 
 W. Va., 552. ' V J J, 
 
 — Whenever the government shall be administered by 
 the Lieutenant-Governor or he shall fail to attend as 
 Speaker of the Senate, the Senators shall elect one 
 of their own members as Speaker for that occasion 
 And if, during the vacancy of the office of Gover- 
 nor, the Lieutenant-Governoi shall be impeached, 
 removed from office, refuse to qualify, resign, die or 
 be absent from the State, the Speaker of the Senate 
 shall, in hke manner, administer the government; 
 Provided, That whenever a vacancy shall occur in the 
 office of Governor, before the first two years of the 
 terra shall have expired, a new election for Governor 
 shall take place, to fill such vacancy. Ky., 213. 
 — When either the President or Speaker of the House 
 of Representatives shall so exercise said office, he 
 shall receive the compensation of Governor only and 
 his duties as President or Speaker shall be suspended 
 and the Senate or House of Representatives, as the 
 case may be, shall fill the vacancy until his duties as 
 Governor shall cease. Miss., 341. 
 — In case of a vacancy during the recess of the Sei>- 
 
89 
 
 ate, in any office which the Governor has power to 
 fill, he shall appoint some suitable person to said 
 office, whose commission shall continue in force till 
 the end of the next session of the General Assembly, 
 or till some other person is appointed to the same 
 office, whichever shall first occur, and the nomination 
 of the person thus appointed during the recess, or of 
 some other person in his place, shall be made to the 
 Senate within thirty days after the next meeting of 
 the General Assembly. Md., 259. 
 — In case of the removal of the Governor from ofiSce, 
 or of his death, resignation, or inability to discharge 
 the duties of the office, the same shall devolve on the 
 Secretary of State ; and in case of the removal from 
 office, death, resignation, or inability both of the 
 Governor and Secretary of State, the President of 
 the Senate shall act as Governor until the disability 
 be removed or a Governor elected. Or., 452. 
 — In case of the impeachment of the Governor, his 
 absence from the State, or inability to discharge the 
 duties of his office, the powers, duties and emolu- 
 ments of the office shall devolve upon the Lieutenant- 
 Governor; and in case of his death, resignation, or 
 removal, then upon the Speaker of the Senate for the 
 time being, until the Governor, absent or impeached, 
 shall return or be acquitted ; or until the disqualifica- 
 tion or inability shall cease ; or until a new Governor 
 shall be elected and qualified. 111., 159. 
 — 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 of State for the 
 time being, to convene the Senate for the purpose of 
 choosing a Speaker. Ill, 159. 
 — In case of the removal of the Governor from office, 
 or of his death, or resignation, the powers and duties 
 of the ofiS.ce shall devolve upon the Speaker of the 
 Senate ; and in case of the death, removal from ofi&ce, 
 or resignation of the Speaker of the Senate, the pow- 
 ers and duties of the office shall devolve on the 
 Speaker of the House of Eepresentatives. Tenn., 495. 
 — Whenever the office of Governor shall become 
 vacant by death, resignation, removal from office, or 
 otherwise, the President of the Senate shall exercise 
 the office of Governor until another Governor shall 
 be duly qualified; and in case of the death, resigna- 
 tion, removal from office, or other disqualification of 
 the President of the Senate so exercising the office 
 of Governor, the Speaker of the House of Repre- 
 sentatives shall exercise the office, until the President 
 of the Senate shall have been chosen ; and when the 
 office of Governor, President of the Senate, and 
 Speaker of the House shall become vacant, in the 
 recess of the Senate, the person acting as Secretary 
 of State for the time being, shall, by proclamation 
 convene the Senate, that a President may be chosen 
 to exercise the office of Governor. Miss., 341 ; (nearly 
 similar), Me., 245; Mo., 356; Tex., 513; Del, 120. 
 — In case of the impeachment of the Governor, his 
 removal from office, death, refusal to qualify, resigna- 
 tion, or absence from the State, the President of the 
 Senate shall exercise all the power and authority 
 appertaining to the office of Governor, until the time 
 appointed by the Constitution for the election of 
 Governor shall arrive (unless the General Assembly 
 shall provide by law for the election of a Governor 
 to fill such vacancy), or until the Governor who is 
 absent or impeached shall return or be acquitted; 
 and if, during such vacancy in the office of Governor, 
 the President of the Senate shall be impeached, re- 
 moved from office, refuse to qualify, die, resign, or be 
 absent from the State, the Speaker of the House of 
 Eepresentatives shall, in like manner, administer the 
 government. Ala., 79. 
 
 If the trial of a contested election shall continue 
 
 ■longer than until the third Tuesday of January next 
 ensuing the election of a Governor, the Governor of 
 the last year, or the Speaker of the Senate, or of the 
 House of Eepresentatives, who may then be in the 
 exercise of the Executive authority, shall continue 
 
 therein until a determination of such contested 
 election. TJie Governor shall not be removed fi-om 
 his office for inability, but with the concurrence of 
 two-third.s of all the members of each branch of the 
 Legislature. Del, 120. 
 
 — In case of the death or resignation of the Gov- 
 ernor, or his removal from office, the Speaker of the 
 Senate shall exercise the office of Governor until 
 another Governor shall be duly qualified; but in such 
 case another Governor shall be chosen at the next 
 annual election of Representatives, unless such death, 
 resignation or removal shall occur within three calen- 
 dar months immediately preceding such next annual 
 election, in which case a Governor shall be chosen at 
 the second succeeding annual election of Representa- 
 tives. And if the trial of a contested election shall 
 continue longer than until the third Monday of Janu- 
 ary next ensuing the election of Governor, the Gov- 
 ernor of the last year, or the Speaker of the Senate 
 who may be in the exercise of the executive authority, 
 shall continue therein until the determination of such 
 contested election, and until a Governor shall be duly 
 qualified as aforesaid. Pa., 463. 
 — If the Lieutenant-Governor, while acting as Gov- 
 ernor, shall be impeached, displaced, resign or die, or 
 otherwise become incapable of performing the duties 
 of the office, the President yro tempore of the Senate 
 shall act as Governor until the vacancy is filled, or 
 the disability removed; and if the President of the 
 Senate, for any of the above causes, shall be rendered 
 incapable of performing the duties pertaining to the 
 office of Governor, the same shall devolve upon the 
 Speaker of the House of Eepresentatives. Iowa, 189. 
 — In case of the death, resignation or removal from 
 office of the Governor, the powers, duties and emolu- 
 ments of the office shall devolve upon the President 
 of the Senate, and in case of his death, resignation or 
 removal, then upon the Speaker of the House of 
 Assembly, for the time being, until another Governor 
 shall be elected and qualified ; but in such case 
 another Governor shall be chosen at the next elec- 
 tion for members of the State Legislature, unless such 
 death, resignation or removal shall occur within 
 thirty days immediately preceding such next election, 
 in which case a Governor shall be chosen at the 
 second succeeding election for members of the Legis- 
 lature. JV. J., 417. 
 
 — And the Legislature shall provide, by general law, 
 declaring what officer shall act as Governor when- 
 ever there shall be a vacancy in both the offices of 
 Governor and Lieutenant-Governor, occasioned by a 
 failure to elect, or by the removal from office, or by 
 the death, resignation or inability of both Governor 
 and Lieutenant-Governor, to exercise the powers and 
 discharge the duties of the office of the Governor; 
 and such officer, so designated, shall exercise the 
 powers and discharge the duties appertaining to the 
 office of Governor, accordingly, until the disability 
 shall be removed, or a Governor shall be elected. 
 Vt, 530. 
 
 — In case of the impeachment of the Governor, his 
 removal from office, death, refusal to qualify, resig- 
 nation, or absence from the State, the Lieutenant- 
 Governor shall exercise all the power and authority 
 appei'taining to the office of Governor, until the 
 Governor absent, or impeached, shall return, or be 
 acquitted, or until the Governor next regularly 
 elected shall be duly qualified, as the case may be ; 
 and for the time the Lieutenant-Governor shall 
 occupy the office of Governor, he shall receive the 
 same compensation as shall be allowed by law to the 
 regularly elected Governor. Fla., 131. 
 — In case of the impeachment of both the Governor 
 and Lieutenant-Governor, their removal from office, 
 death, refusal to qualify, resignation, or absence from 
 the State, the Speaker of the House of Eepresenta- 
 tives shall in like manner administer the Govern- 
 ment, unless the General Assembly shall otherwise 
 provide; and for the time he shall occupy the office 
 of Governor, he shall receive the same compensation 
 as shall be allowed by law to the Governor. Fla., 131. 
 
 23 
 
90 
 
 1 S 7. The Lieutenant-Governor shall possess the same qualifications of 
 
 2 eligibility for ofiice as the Governor. He shall be the President of the Senate, 
 
 3 but shall only have a casting vote therein. If during a vacancy of the office 
 
 4 of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, 
 
 5 die, or become incapable of performing the duties of his office, or he be absent 
 
 6 from the State, the President of the Senate shall act as Governor, until the 
 
 7 vacancy shall be filled, or the disability shall cease. 
 
 — If the Lieutenant-Governor, while holding the 
 office of Grovernor, shall be impeached or displaced, 
 or shall resign or die, or otherwise become incapable 
 of performing the duties of the office, the President 
 of the Senate shall act as G-overnor until the vacancy 
 is filled, or the disability removed; and if the Presi- 
 dent of the Senate, for any of the above causes, shall 
 be rendered incapable of performing the duties per- 
 taining to the office of Governor, the same shall 
 devolve upon the Speaker of the House of Represen- 
 tatives. Kan., 198. 
 
 — In case of the death, impeachment, resignation, 
 removal, or other disability of the Governor, the 
 power and duties of the office for the residue of the 
 terra, or until the disability shall be removed, shall 
 devolve upon the President of the Senate. Kan., 
 198. 
 
 — In case of impeachment of the Governor, his 
 removal from office, death, refusal or inability to 
 qualify, resignation or absence from the State, the 
 powers and duties of the office shall devolve upon 
 the Lieutenant-Governor for the residue of the term, 
 or until the Governor, absent or impeached, shall 
 I'eturn or be acquitted. The Legislature may provide 
 by law, for the case of removal, impeachment, death, 
 resignation, disability or refusal to qualify, of both 
 the Governor and the Lieutenant-Governor, declar- 
 ing what officer shall act as Governor, and such 
 officer shall act accordingly, until the disability be 
 removed, or for the remainder of the term. La., 230. 
 — In case of the impeachment of the Governor, his 
 removal from office, death, inability, resignation, or 
 absence from the State, the powers and duties of the 
 office shall devolve upon the Lieutenant-Governor 
 for the residue of' the term, or until the disability 
 ceases. Mich., 305 ; Nev., 385. 
 
 — In case of the impeachment of the Governor, his 
 absence from the State, or inability to discharge the 
 duties of his office, the powers, duties, and emolu- 
 ments of the office shall devolve upon the President 
 of the Senate; and in case of his death, resignation 
 or removal, then upon the Speaker of the House of 
 Assembly, for the time being, until the Governor, 
 absent or impeached, shall return or be acquitted, or 
 until the disqualification or inability sliall cease, or 
 until a new Governor be elected and qualified. N. J., 
 417. 
 
 — If the Lieutenant-Governor, while executing the 
 office of Governor, shall be impeached, displaced, 
 resign or die, or otherwise become incapable of per- 
 forming the duties of the office, the President of the 
 Senate shall act as Governor until the vacancy is 
 ■filled, or the disability removed ; and if the President 
 of the Senate, for any of the above causes, shall be 
 rendered incapable of performing the duties pertain- 
 ing to the office of Governor, the same shall devolve 
 upon the Speaker of the House of Representatives. 
 Ohio, 436. 
 
 — If the offices of Governor and Lieutenant-Gov- 
 ernor be both vacant by reason of death, resignation, 
 impeachment, absence or otherwise, the person enti- 
 tled to preside over the State for the time being, shall 
 in like manner fill the office of Governor during such 
 ^tisenpe or vacancy. R. I., 477. 
 
 LIEUTENANT-GOVERNOR TO BE ELECTED. 
 
 — That a Lieutenant-Governor shall, at every elec- 
 tion of a Governor (and as often as the Lieutenant- 
 Governor shall die, resign or be removed from office), 
 be elected in the same manner with the Governor, 
 to continue in office until the next election of a Gov- 
 ernor: and such Lieutenant-Governor shall, by virtut, 
 of his office, be President of the Senate, and, upon 
 an equal division, have a casting voice in their de- 
 cisions, but not vote on any other occasion. And in 
 case of the impeachment of the Governor, or his re- 
 moval from office, death, resignation or absence from 
 the State, the Lieutenant-Governor shall exercise all 
 the power and authority appertaining to the office of 
 Governor until another be chosen, or the Governor, 
 absent or impeached, shall return or be acquitted. 
 Provided, That where the Governor shall with the 
 consent of the Legislature, be out of the State, in 
 time of war, at the head of a military force thereof, 
 he shall continue in his command of ull the military 
 forces of the State, both by sea ani lanii. N. Y. 
 {riTl), 29. 
 
 — A Lieutenant-Governor shall be elected at the 
 same time and for the same term as the Governor 
 and his qualification and the manner of his election 
 in all respects shall be tjie same. Fa.. 540; (nearly 
 similar), Cal. 100; Ot, 114: Fl, 130; Mo., 256; 
 S. C. 485; Wis., 563. - . , , , 
 
 — A Lieutenant-Governor shall be chosen at every 
 election of Governor, in the same manner, continue 
 in office for the same time, and possess the same 
 qualifications. In voting for Governor and Lieuten- 
 ant-Governor, the electors shall distinguish whom 
 they vote for as Governor, and whom as Lieutenant- 
 Governor. Ill, 158; (nearly similar), Arh., 89; 
 Iowa, 187; Ky., 213; Md., 259: Tenn., 563. 
 — The Lieutenant-Governor and President of the 
 Senate pro tempore, when performing the duties of 
 Governor, shall receive the same compensation as the 
 Governor. Mich., 305. 
 
 — There shall be annually elected a Lieutenant-Gov- 
 ernor of the Commonwealth of Massachusetts, whose 
 title shall be — His Honor; and who shall be quali- 
 fied, in point of religion, property and residence in 
 the Commonwealth, in the same manner with the 
 Governor; and the day and manner of his election 
 and the qualifications of the electors, shall be the 
 same as are required in the election of a Governor. 
 The return of the votes for this officer, and the 
 declaration of his election, shall be in the same man- 
 ner ; [and if no one person shall be found to have a 
 majority of all the votes returned, the vacancy shall 
 be filled by the Senate and House of Representntives, 
 in the same manner as the Governor is to be elected' 
 in case no one person shall have a majority of the 
 votes of the people to be Governor.] Mass., 289. 
 — There shall be a Lieutenant-Governor, who shall 
 hold his office during four year.?. Ind., 174. 
 — And during the time he administers the govern- 
 ment, as Governor, shall receive the same compensa- 
 tion which the Governor would have received, had 
 he been employed in the duties of his office ' Ky 
 214; (nearly similar), La., 230. 
 
91 
 
 1 5 8. The Lieutenant-Governor shall, while acting as such, receive a com- 
 
 2 pensation which shall be fixed by law, and which shall not be increased or 
 
 3 diminished during his continuance in ofSce. 
 
 — At the annual meetings of the electors, immediately 
 after the election of Governor, there shall also be 
 chosen, in the same manner as hereinbefore provided 
 for -the election of Governor, a Lieutenant-Governor 
 •who shall continue in office for the same time, and 
 possess the same qualifications. Ct, 110. 
 
 POWERS AND DUTIES OF LIEUTENANT- 
 GOVERNOR. 
 
 — ^In case of the impeachment of the Governor, or 
 his removal from office, death, resignation, or absence 
 from the State, the powers and duties of the office 
 shall devolve upon the Lieutenant-Governor, for the 
 residue of the term, or until the Governor absent or 
 impeached, shall return or be acquitted. But when 
 the Governor shall, with the consent of the Legisla- 
 ture, be out of the State, in time of war, at the head 
 of a military force thereof, he shall continue com- 
 mander-in-chief of all the military force of the State. 
 N. Y. (1821), 38; Cat, 101; WU. 564. 
 — Whenever the office of the Governor and Lieu- 
 tenant-Governor shall be vacant by reason of death, 
 absence, or otherwise, then the Council, or the ma,jor 
 part of them, shall, during such vacancy, have full 
 power and authority, to do and execute, all and every 
 such acts, matters and things, as the Governor or the 
 Lieutenant-Governor might or could, by virtue of 
 this Constitution, do or execute, if they, or either of 
 them, were personally present. Mass., 289. 
 — In case of the removal of the Governor from office 
 or of his death, failure to qualify, resignation, removal 
 from the State, or inability to discharge tlie powers 
 and duties of the office, the said ofBce, with its com- 
 pensation, shall devolve upon the Lieutenant-Gov- 
 ernor; and the General Assembly shall provide by 
 law for the discharge of the executive functions in 
 other necessary cases. Va., 540. 
 — Whenever the chair of the Governor shall be 
 vacant, by reason of his death, or absence from the 
 Commonwealth, or otherwise, the Lieutenant-Gov- 
 ernor, for the time being, shall, during such vacancy, 
 perform all the duties incumbent upon the Governor, 
 and shall have and exercise all the powers and 
 authorities, which, by this Constitution, the Gov- 
 ernor is vested with, when personally present. Mass., 
 289. 
 
 — In case of vacancy in the office of Governor, or of 
 his inability to serve, impeachment, or absence from 
 the State, the Lieutenant-Governor shall fill the 
 office of Governor and exercise the powers and 
 authority appertaining thereto, until a Goveitior is 
 qualified to act, or until the office is filled at the next 
 annual election. R. I., 4:17; (nearly similar), Ky., 
 213; Iowa, 188; Ohio, 4.36; Arh, 90; Ct, 113; Tex. 
 513. 
 
 — Unless the General Assembly shall provide by law 
 for the election of Governor to fill such vacancy. 
 Ark., 90. 
 
 — And the General Assembly shall by law provide 
 for the case of removal from office, death, resigna- 
 tion, or inability, both of the Governor and Lieuten- 
 ant-Governor, declaring what officer shall then act as 
 Governor and such officer shall act accordingly, until 
 the disability be removed, or a Governor be elected. 
 Ind., 175. 
 
 — In case of the impeachment of the Governor, or 
 his removal from office, death, resignation, disqualifi- 
 o:ition, disability, or removal from the State, the 
 Lieutenant-Governor shall succeed to his office, 
 a"d in case of the impeachment of the Lieutenant- 
 Governor, or his removal from office, death, resigna- 
 
 tion, disqualification, disability, or removal Irom the 
 State, the President ^Jro tempore of the Senate shall 
 succeed to his office; and when the offices of the 
 Governor, Lieutenant-Governor and President pro 
 tempore of the Senate shall become vacant in the re- 
 cess of the Senate, the Secretary of State for the 
 time being, shall by proclamation convene the Senate, 
 that a President pro tempore may be chosen to exer- 
 cise the office of Governor for the unexpired term. 
 S. C, 485; (nearly similar), Md., 259. 
 — If the Lieutenant-Governor shall be required to 
 administer the Government, and shall, while in such 
 administration die or resign during the recess of the 
 General Assembly, it shall be the duty of the Secre- 
 tary for the time being to convene the Senate for the 
 purpose of choosing a President pro tempore. Ct., 
 
 no. 
 
 — The Lieutenant-Governor, while acting as Gov- 
 ernor, shall receive the same pay as provided for 
 Governor; and while presiding in the Senate shall 
 receive, as compensation therefor the same mileage 
 and double the per diem pay provided for a Senator, 
 and none other. Iowa, 188. 
 
 — The Lieutenant-Governor shall be President of the 
 Senate, but shall have only a casting vote therein. 
 If, during a vacancy of the office of Governor, the 
 Lieutenant-Governor shall be impeached, displaced, 
 resign, die, or be absent from the State, the President 
 of the Senate shall act as Governor, until the vacancy 
 shall be filled, or the disability shall cease. Cat., 100; 
 N. Y. (1821), 38 ; Wis., 564. 
 
 — The Governor, and in his absence the Lieutenant- 
 Governor, shall preside in the Senate and in grand 
 committee. The pre ding oflioer of the Senate and 
 grand committee, shall have a right to vote in case of 
 equal division, but not otherwise. It. 1 , 477. 
 — He shall, by virtue of his office, be speaker of the 
 Senate, have a right, when in committee of the 
 whole, to debate and vote on all subjects, and when 
 the Senate are equally divided, to give the casting 
 vote. Ky., 213. 
 
 — The Lieutenant-Governor shall, by virtue of his 
 office, be President of the Senate, and whenever the 
 Senate are equally divided, shall have the right to 
 give the casting vote. Md., 259 : (nearly similar) 
 m., 130; Iowa, 188; Kan., 198; La., 230; Nev. 382; 
 Ohio., 436 ; 8. C, 485. 
 
 — He shall, by virtue of his office, be President of 
 the Senate, have a right, when in committee of the 
 whole, to debate, and whenever the Senate are 
 equally divided, shall give the casting vote. Ark., 
 90; (nearly similar) Ct. 110; IV.., 158; McA., 305; 
 Ind., 176; Mo., 356; Tenn., 513. 
 
 [And may also vote in joint vote of both Houses.] 
 Mo., 356. 
 
 [Allowed no vote.] Va., 540. 
 — The Lieutenant- Governor, while he acts as Presi- 
 dent of the Senate, shall receive for his services the 
 same compensation which shall for the same period 
 he allowed to the Speaker of the House, and no 
 more. Md., 259; (nearly similar), Ark., 90; III., 
 158; Ky.. 214; Mo.. 356; Va., 540. 
 — The Lieutenant-Governor shall receive double the 
 per diem allowance of members of the Senate, for 
 every day's attendance as President of the Senate, 
 and the same mileage as shall be allowed to members. 
 of the Legislature. TT-Vs., 564. 
 
 [Compensation double that of a State Senator.] 
 Min., 324. 
 
 — And during the time he administers the govern- 
 ment, as Governor, he shall receive the same com- 
 pensation which the Governor would have received 
 had he been employed in the duties of his office. 
 Ark., 90. 
 
92 
 
 1 S 91 Every bill which shall have passed the Senate and Assembly, shall, 
 
 2 before it becomes a law, be presented to the Governor; if he approve, he shall 
 
 3 sign it; but if not, he shall return it with his objections to that House in which 
 
 4 it shall have originated, who shall enter the objections at large on their journal 
 
 5 and proceed to reconsider it. If, after such consideration, two-thirds of the 
 
 6 members present shall agree to pass the bill, it shall be sent, together with the 
 
 7 objections, to the other House, by which it shall likewise be reconsidered ; and 
 
 8 if approved by two-thirds of all the members present, it shall become a law. 
 
 — The Lieutenant-Governor shall receive for his ser- 
 vices a salary of five thousand dollars per annum, to 
 be paid quarterly. La., 230. 
 
 — The Lieutenant-Governor, vrhile he shall act as 
 President of the Senate, shall receive for his services 
 the same compensation as the Speaker of the House 
 of Representatives ; and any person acting as Gover- 
 nor shall receive the compensaticn attached to the 
 office of Governor. Ind., 176. 
 
 — The Lieutenant-Governor shall be President of the 
 Senate, except when he shall exercise the office of 
 Governor, or when his office shall be vacant, or in 
 his absence; in which case the Senate shall appoint 
 one of its own members to be President of the Sen- 
 ate pro tempore. And the President of the Senate 
 shall have a casting vote, but no other. Vt, 528. 
 
 VETO POWER. 
 
 [The New York Constitution of 1846, followed the 
 language used in 1821. It is nearly like that of 
 United States, but differs in using the word "pres- 
 ent," in speaking of the return of bills with objec- 
 tions. The veto power under the Constitution of 
 1777, was- entrusted to the Council of Revision, and 
 was as follows:) 
 
 — And whereas, laws, inconsistent with the spirit of 
 this constitution, or with the public good, may be 
 hastily and unadvisedly passed : Be it ordained, that 
 the Governor, for the time being, the Chancellor, and 
 the Judges of the Supreme Court — or any two of 
 them, together with the Governor — shall be, and 
 hereby are, constituted a Council, to revise all bills 
 about to be passed into laws by the Legislature; and 
 for that purpose shall assemble themselves from time 
 to time, when the Legislature shall be convened : for 
 which, neverthelass, they shall not receive any salary 
 or considei'atiou, under any pretense whatever. And 
 that all bills, which have passed the Senate and 
 Assembly, shall, before they become laws, be pre- 
 sented to the said Council, for their revisal and con- 
 sideration : and if, upon such revision and considera- 
 tion, it, should appear improper to the said Council, 
 or a majority of them, that the said bill should be- 
 come a law of this State, that they return the same, 
 together with their objections thereto in writing, to 
 the Senate or House of Assembly (in whichsoever the 
 same shall have originated) who shall enter the ob- 
 jections, sent down by the Council, at large in their 
 minute.s, and proceed to reconsider the said bill. But 
 if, after such reconsideration, two-thirds of the said 
 Senate or House of Assembly, shall, notwithstanding 
 the said objections, agree to pass the same, it shall, 
 together with the objections, be sent to the other 
 branch of the Legislature, where it shall also be 
 reconsidered, and if approved by two-thirds of the 
 members present, shall be a law. 
 — And in order to prevent any unnecessary delays; 
 be it further ordained, that if any bill shall not be 
 returned by the Council within ten days after it shall 
 have been presented, the same shall be a law, unless 
 
 the Legislature shall, by their adjournment, lender a 
 return of the said bill, within ten days, impracticable ; 
 in which case the bill shall be returned on the first 
 day of the meeting of the Legislature, after the expi- 
 ration of the said ten days. N. T. (1777), 26. 
 — Every bill, which shall have passed both Houses of 
 the General Assfembly, shall be presented to the Gov- 
 ernor ; if he approve, he shall sign it, but if not, he 
 shall return it, with his objections, to the House in 
 which it originated, who shall enter the objections at 
 large upon the journals, and proceed to reconsider it; 
 if, after such reconsideration, a majority of the whole 
 number elected to that House shall agree to pass the 
 bill, it shall be sent, with the objections, to the other 
 House, by whom it shall likewise be reconsidered, 
 and if approved by a majority of the whole number 
 elected to that House, it shaU become a law; but, in 
 such cases the votes of both Houses shall be deter- 
 mined by yeas and nays, and the names of the mem- 
 bers voting for or against the bill shall be entered on 
 the journals of each House, respectively. If any bill 
 shall not be returned by the Governor within five 
 days (Sundays excepted), after it shall have been 
 presented to him, the same shall be a law, in like 
 manner as if he had signed it; unless the General 
 Assembly, by their adjournment, prevent its return, 
 in which case it shall not be a law. Ala., 79 ; N. J., 
 416; Vt, 529 ; (nearly similar except time for return) 
 Ark, 89; Ci., 110; III., 159; Ind., 175; Ky., 214: 
 Miss., 341 ; Mo., 355; S. C, 486. 
 — Every order, resolution, or vote, to which the con- 
 currence of both Houses may be necessary (except on 
 questions of adjournment, and for bringing on elec- 
 tions by the two Houses), shall be presented to the 
 Governor, and, before it shalllake effect, be approved 
 by liim, or, being disapproved, shall be re-passed by 
 both Houses, according to the rules and limitations pre- 
 scribed in the case of a bill. Ala., 79 ; (nearly simi- 
 lar), Arh, 89; Fl, 131; Ga., 147; &/., 214; La., 
 230; Minn., 322; Miss., 341; Mo., 355; Pa., 462; 
 Tex., 514. 
 
 — Every resolve shall be presented to the Governor, 
 and, before the same shall take effect, shall be ap- 
 proved by him ; or, being disapproved by him, shall 
 be re-passed by the Senate and House of .Representa- 
 tives, according to the rules and limitations prescribed 
 in the case of a bill. K H., 405. 
 
 COUNCIL. 
 
 [A Council of Revision, consisting of Governor, 
 Chancellor, and Judges of -the Supreme Court, created 
 by the N. T. Constitution of 1777], 26. 
 
 [A Council of Appointment, consisting of the Gov- 
 ernor and four Senators, was created by the N. Y 
 Constitution of 1777], 30, 32, 34. 
 — There shall be a Council, to consist of seven per- 
 sons, citizens of the United States, and residents of 
 this State, to advise the Governor in the executive 
 part of the government, whom the Governor shall 
 have full power, at his discretion, to assemble ; and 
 
93 
 
 9 notwithstanding the objections of the Governor. But in all such cases, the 
 
 10 votes of both Houses shall be determined by yeas and nays, and the names of 
 
 11 the members voting for and against the bill shall be entered on the journal of 
 
 12 each House respectively. If any bill shall not be returned by the Governor 
 
 13 within ten days (Sundays excepted), after it shall have been presented to him, 
 
 14 the same shall be a law, in like manner as if he had signed it, unless the Legis- 
 
 15 lature shall, by their adjournment, prevent its return ; in which case it shall^ 
 
 16 not be a law. 
 
 he, with the Councillors or a majority of them, may, 
 from time to time, hold and keep a Council, for or- 
 dering and directing the affairs of state according to 
 law. Me., 245. 
 
 — The Councillors shall be chosen annually, on the 
 first Wednesday of January, by joint ballot of the 
 Senators and Representatives in Convention ; and 
 vacancies which shall afterward happen shall be filled 
 in the same manner ; but not more than one Coun- 
 cillor shad be elected from any district prescribed for 
 the election of Senators ; and they shall be privileged 
 from arrest in the same manner as Senators and 
 Representatives. Me., 245. 
 
 — The resolutions and advice of Council shall be 
 recorded in a register, and signed by the members 
 agreeing thereto, which may be called for by either 
 House of the Legislature ; and any Councillor may enter 
 his dissent to the resolution of the majority. Me., 245. 
 [The Grovernor and Council fill certain civil and 
 military offices.] Me., 244. 
 
 — Eight Councillors shall be annually chosen by the 
 inhabitants of this Commonwealth, qualified to vote 
 for Grovernor. The election of Councillors shall be 
 determined by the same rule that is required in the 
 election of Governor. The Legislature, at its first 
 session after this amendment shall have been adopted, 
 and at its first session after the next State census 
 shall have been taken, and at its first session after 
 each decennial State census thereafterwards, shall 
 divide the Commonwealth into eight districts of con- 
 tiguous territory, each containing a number of 
 inhabitants as nearly equal as practicable, without 
 dividing any town or ward of a city, and each enti- 
 tled to elect one Councillor ; Provided, however. That 
 if, at any time, the Constitution shall provide for the 
 division of the Commonwealth into forty senatorial 
 districts, then the Legislature shall so airange the 
 councillor districts that each district shall consist of 
 five contiguous senatorial districts, as they shall be, 
 from time to time, established by the Legislature. 
 No person shall be eligible to the oflice of Councillor 
 who has not been an inhabitant of the Commonwealth 
 for the term of five years immediately preceding his 
 election. The day and manner of election, the return 
 of the votes and the declaration of the said elections, 
 shall be the same as are required in the election of 
 Governor. Whenever there shall be a failure to elect 
 the full number of Councillors, the vacancies shall be 
 filled in the same manner as is required for filling 
 vacancies in the Senate ; and vacancies occasioned by 
 death, removal from the State, or otherwise, shall be 
 filled in like manner, as soon as may be after such 
 vacancies shall have happened. Mass., 297. 
 The Governor, and in his absence the Lieutenant- 
 Governor, shall be President of the Council, but shall 
 have no voice in Council, and the Lieutenant-Gov- 
 ernor shall always be a member of the Council, 
 except when the chair of the Governor shall be 
 vacant. Mass., 289. 
 
 — The Councillors in the civil arrangements of the 
 Commonwealth, shall have rank next after the Lieu- 
 tenant-Governor. Mass., 289. 
 24 
 
 — The Governor shall have authority, from time to 
 time, at his discretion, to assemble and call together 
 the Councillors of this Commonwealth for the time 
 being, and the Governor, with the said Councillors, 
 or five of them, at least, shall and may, from time to 
 time, hold and keep a Council for the ordering and 
 directing the affairs of this Commonwealth, agreeably 
 to the Constitution and the laws of the land. Mass., 
 287. 
 
 — The resolutions and advice of the Council shall be 
 recorded in a register and signed by the members 
 present; and this record may be called for, at any 
 time, by either House of the Legislature ; and any 
 member of the Council may insert his opinion, con- 
 trary to the resolution of the majority. Mass., 289. 
 — In case of a vacancy in the Council, from a failure of 
 election or other cause, the Senate and House of Repre- 
 sentatives shall by concurrent vote, choose some eligi- 
 ble person from the people of the district wherein 
 such vacancy occurs, to fill that office. If such vacancy 
 shall happen when the Legislature is not in session, 
 the Governor, with the advice and consent of the 
 Council, may fill the same by the appointment of 
 some ehgible person. Mass., 300. 
 — There shall be annually elected by ballot five Coun- 
 cillors, for advising the Governor in the executive 
 part of government. The freeholders and other 
 inhabitants of each county, qualified to vote for 
 Senators, shall, some time in the month of March, 
 give in their votes for one Councillor ; which votes 
 shall be received, sorted, counted, certified and 
 returned to the Secretary's office, in the same manner 
 as the votes for Senators, to be by the Secretary laid 
 before the Senate and House of Representatives on 
 the first Wednesday of June. JV. H., 407. 
 — And the person having a majority of votes in any 
 county shall be considered as duly elected a Coun- 
 cillor, but if no person shall have a majority of votes 
 in any county, the Senate and'House of Representa- 
 tives shall take the names of the two persons who 
 have the highest number of votes in each county, and 
 not elected, and out of those two shall elect by joint 
 ballot the Councillor wanted for such county ; and 
 the qualifications for Councillor shall be the same as 
 for Senators. N. H., 407. 
 
 — If any person thus chosen a Councillor shall be 
 elected Governor, or member of either branch of the 
 Legislature, and shall accept the trust; or if any 
 person elected a Councillor shall refuse to accept the 
 office ; or in case of death, resignation, or removal of 
 any Councillor out of the State, the Governor may 
 issue a precept for the election of a new Councillor 
 in that county where such vacancy shall happen ; 
 and the choice shall be in the same manner as before 
 directed ; and the Governor shall have full powerand 
 authority to convene the Council, from time to time, 
 at his discretion; and with them, or the majority of 
 them, may and shall, from time to time, hold a Cour- 
 cil for ordering and directing the affairs of this State, 
 according to the laws of the land. N. E., 407. 
 — The resolutions and advice of the Council shall be 
 recorded by the Secretary in a register, and signed 
 
94 
 
 by all the members present agreeing thereto ; and 
 this record may be called for at any time by either 
 House of the Legislature, and any member of the 
 Council may enter his opinion contrary to the resolu- 
 tion of the majority, with the reasons for such opin- 
 ion. N. H., 407. 
 
 — The Legislature may, if the public good shall here- 
 after require it, divide the State into five districts, as 
 nearly equal as may be, governing themselves by the 
 number of ratable polls and proportion of public 
 taxes ; each district to elect a Councillor ; and in case 
 of such division, the manner of the choice shall be 
 conformable to the present mode of election in coun- 
 ties. N. K, 407. 
 
 — And whereas, The elections appointed to be made 
 by this Constitution on the first Wednesday of June, 
 annually, by the two Houses of the Legislature, may 
 not be completed on that day, the said elections may 
 be adjourned from day to day, until the same be com- 
 pleted. And the order of the elections shall be as 
 follows: The vacancies of the Senate, if any, shall be 
 first filled up: the Governor shall then be elected, 
 provided there should be no choice of him by the 
 people, and afterward the two Houses shall proceed 
 to fill up the vacancy, if any, in the Council. N. H., 
 407. 
 
 — That the Senate and House of Commons, jointly, 
 at their first meeting, after each annual election, 
 shall, by ballot, elect seven persons to be a Council 
 of State for one year; who shall advise the Governor 
 in the execution of his ofSce ; and that four members 
 shall be a quorum ; their advice and proceedings shall 
 be entered in a journal, to be kept for that purpose 
 only, and signed by the members present; to any 
 part of which any member present may enter his 
 dissent. And such journal shall be laid before the 
 General Assembly when called for by them. N. C, 
 424. 
 
 : — That no member of the Council of State shall have 
 a seat either in the Senate or House of Commons. 
 N. C, 425. 
 
 — The Supreme Executive Council of this State shall 
 consist of a Governor, Lieutenant-Governor, and 
 twelve persons chosen in the following manner, to 
 wit : — the freemen of each town shall, on the day of 
 election for choosing Representatives to attend the 
 General Assembly, bring in their votes for Governor, 
 with his name fairly written, to the Constable, who 
 shall seal them up, and write on them, " Votes for 
 Governor," and deliver them to the Representative 
 chosen to attend the General Assembly. And at the 
 opening of the General Assembly there shall be a 
 committee appointed out of the Council and Assem- 
 bly, who, after being duly sworn to the faithful dis- 
 charge of their trust, shall proceed to receive, sort and 
 count the votes for the Governor, and declare the 
 person who has the major part of the votes to be 
 Governor for the year ensuing. And if there be no 
 choice made, then the Council and General Assembly, 
 by their joint ballots, shall make choice of a Gover- 
 nor. The Lieutenant-Governor and Treasurer shall 
 be chosen in the manner above directed. And each 
 freeman shall give in twelve votes for twelve Coun- 
 cillors in the same manner, and the twelve highest in 
 nomination shall serve for the ensuing year as Coun- 
 cillors. Vt, 523. 
 
 [A Council of Censors, elected septennially.] Vt., 
 &2.1. 
 
 — [Detailed powers granted to Governor and Coun- 
 cil, see Va., 524. Among them are the following :] 
 They are to take care that the laws be faithfully exe- 
 cuted; are to expedite the execution of such 
 measures as may be resolved upon by the General 
 Assembly ; and they may draw upon the treasury for 
 such sums as may be appropriated by the House of 
 Representatives ; they may lay embargoes, or prohibit 
 the exportation of any commodity for any time not 
 exceeding thirty days, in the recess of the House 
 only. They may grant such licenses as shall be 
 directed by law ; and shall have power to call together 
 the General Assembly, when necessary, before the 
 day to which they shall stand adjourned. The Gov- 
 
 ernor or Lieutenant-Governor and the Council, shall 
 meet at the time and place with the General Assem- 
 bly ; [the Lieutenant-Governor shall, during the pres- 
 ence of the Commander-in-Chief vote and act as one 
 of the Council ; and the Governor, and in his absence . 
 the Lieutenant-Governor shall, by virtue of their 
 offices, preside in Council, and have a casting, but no 
 other vote. Every member of the Council shall be a 
 Justice of the Peace for the whole State, by virtue of 
 his office. The Governor and Council shall have a 
 Secretary, and keep fair books of their proceedings, 
 wherein any Councillor may enter his dissent, with 
 his reasons to support it. And the Governor may 
 appoint a Secretary for himself and his Council. Va., 
 524. 
 
 — Every bill which may have passed the Legislature 
 shall, before it becomes a law, be presented to the 
 Governor. If he approve it he shall sign it, but if 
 not, he shall return it with his objections, to the 
 House in which it originated, which shall enter the 
 same upon the journal, and proceed to reconsider it. 
 If, after such reconsideration, it again pass both 
 Houses by yeas and nays, by a majority of two- 
 thirds of the members of each House present, it 
 shall become a law, notwithstanding the Goveinor's 
 objections. If any bill shall not be returned within 
 ten days after it shall have been presented to him 
 (Sundays excepted), the same shall be a law, in like 
 manner as if he had signed it, unless the Legislatm-e, 
 by adjournment, prevent such return. Cat, 98 ; 
 (nearly similar), Mich., 302; La., 230; Nev., 384; 
 Or., 453 ; Pa., 462 ; (nearly similar except in time), 
 Fl, 131; Iowa, 185; Me., 243; Neh., 374; N. K, 
 405 ; Tex., 513 ; Wis., 564. 
 
 — The Governor shall have the revision of all bills 
 passed by both Houses, before the same shall become 
 laws, but two-thirds of each House may pass a law 
 notwithstandmg his dissent; and if any bill should 
 not be returned by the Governor within five days 
 (Sundays excepted), after it has been presented to 
 him, the same shall be law, unless the General 
 Assembly by their adjournment, shall prevent its re- 
 turn. He may approve any appropriation, and dis- 
 approve any other appropriation in the same bill, 
 and the latter shall not be effectual unless passed by 
 two-thirds of each House. Ga., 147. 
 — If any bill shall not be returned by the Governor 
 within ten days (Sundays excepted), after it shall 
 have been presented to him, the same shall be a law, 
 in like manner as if he had signed it, unless the Gen- 
 eral Assembly shall, by their adjournment, prevent 
 its return, in which case the said bill shall be returned 
 on the first day of the meeting of the General Assem- 
 bly, after the expiration of said ten days, or be a law. 
 Ill, 159. 
 
 — If any bill shall not be returned by the Governor 
 within three days (Sundays excepted), after it shall 
 have been presented to him, it shall be a law without 
 his signature, unless the general adjournment shall 
 prevent its return, in which case it shall be a law, 
 unless the Governor, within five days next after such 
 adjournment, shall file such bill," with his objec- 
 tions thereto, in the office of the Secretary of State, 
 who shall lay the same before the General Assembly 
 at its next session, in like manner as if it had been 
 returned by the Governor. But no bill shall be pre- 
 sented to the Governor within two days next previous 
 to the final adjournment of the General Assembly. 
 Ind., 175. 
 
 — Any bill submitted to the Governor for his appro- 
 val during the last three days of a session of the Gen- 
 eral Assembly, shall be deposited by him in the office 
 of the Secretary of State within thirty days after the 
 adjournment, with his approval if approved by him, 
 and with his objections if he disapproves thereof. 
 Iowa, 185. 
 
 — Every bill and joint resolution passed by the House 
 of Representatives and Senate shall, within two days 
 thereafter, be signed by the presiding officers and 
 presented to the Governor ; if he approve, he shall 
 sign it; but if not, he shall return it to the House of 
 Representatives, which shall enter the objections, at 
 
95 
 
 large, upon its journal, and proceed to reconsider the 
 same. If, after such reconsideration, two-thirds of 
 the members elected shall agree to pass the bill or 
 resolution, it shall be sent, with the objections, to the 
 Senate, by which it shall likewise be reconsidered ; 
 and if approved by two-thirds of all the members 
 elected, it shall become a law. But in all such cases 
 the vole shall be taken by yeas and nays, and entered 
 upon the journals of each House. If any bill shall 
 not be returned within three days (Sundays excepted) 
 after it shall have been presented to the Governor, 
 it shall become a law in like manner as if he had 
 signed it, unless the Legislature, by its adjournment, 
 prevent itii return, in which case it shall not become 
 a law. Eiin., 199. 
 
 [A. recent amendment of the Constitution of Kan- 
 sas allows bills to originate in either House, and 
 modifies the section last quoted.] 
 — No bill or resolve of the Senate or House of Rep- 
 resentatives shall become a law, and have force as 
 such, until it shall have been laid before the Governor 
 for his revisal ; and if he, upon such revision, approve 
 thereof, he shall signify his approbation by signing the 
 same. But if he have any objection to the passing 
 of such bill or resolve, he shall return the same to- 
 gether with his objections thereto, in writing, to the 
 Senate or House of Representatives, in whichsoever 
 the same shall have originated, who shall enter the 
 objections sent down by the Governor, at large, on 
 theii' records, and proceed to reconsider the said bill 
 or resolve ; but if, after such reconsideration, two- 
 thirds of the said Senate or House of Representatives 
 shall, notwithstanding the said objections, agree to 
 pass the same, it shall, together with the objections, 
 be sent to the other branch of the Legislature, where 
 it shall be reconsidered, and if approved by two- 
 thirds of the members present, shall have the force of 
 law; but in all such cases, the vote of both Houses 
 shall be determined by yeas and nays ; and the names 
 of the persons voting for or against the said bill or 
 resolve shall be entered upon the public records of 
 the Commonwealth. 
 
 And in order to prevent unnecessary delays if any 
 bill or resolve shall not be returned by the Governor 
 within five days after it shall have been presented, 
 the same shall have the force of law. Mass., 283. 
 —If any bill or resolve shall be objected to, and not 
 approved by the Govcinor; and if the General Court 
 shall adjourn within five days after the same shall 
 have been laid before the Governor for his approba- 
 tion, and thereby prevent his returning it with his 
 objections, as provided by the Constitution, such bill 
 or resolve shall not become a law, nor have force as 
 such. Mass., 294. 
 
 — Every bill which shall have passed the Senate and 
 House of Representatives, in conformity to the rules 
 of each House, and the joint rules of the two Houses, 
 shall, before it becomes a law, be presented to the 
 Governor of the State. If he approve, he shall sign 
 and deposit it in the office of the Secretary of State 
 for preservation, and notify the House where it 
 originated of the fact. But if not, he shall return it 
 with his objections, to the House in which it shall have 
 originated, when such objections shall be entered at 
 large on the journal of the same, and the House shall 
 proceed to reconsider the bill. If, after such recon- 
 sideration, two-thirds of that House shall agree to 
 pass the bill, it shall be sent, together with the objec- 
 tions, to the other House, by which it shall likewise 
 be reconsidered, and if it be approved by two-thirds 
 of that House it shall become a law. But in all such 
 cases the votes of both Houses shall be determined by 
 yeas and nays, and the names of the persons voting 
 for or against the bill shall be entered on the journal 
 of each House, respectively. If any bill shall not be 
 returned by the Governor within three days (Sundays 
 excepted), after it shall have been presented to him, 
 the same shall be a law in like manner as if he had 
 signed it, unless the Legislature, by adjournment 
 within that time, prevent its return, in which case it 
 shall not be a law. The Governor may approve, sign 
 and file in the office of the Secretary of State, within 
 
 three days after the adjournment of the Legislature 
 any act passed during the three last days of the ses- 
 sion, the same shall become a law. Min., 321. 
 — The Governor shall have a negative >ipon all laws 
 passed by the Legislature, under such rules and limit- 
 ations as are in this Constitution prescribed. JIUii., 
 223. 
 
 — If any bill shall not be returned by the Governor 
 within ten days (Sundays excepted) after it shall 
 have been presented to him, the same shall become a 
 law, in like manner as if the Governor had signed it, 
 unless the General Assembly, by its adjournment, 
 shall prevent its return, in which case it shall not 
 become a law, unless the Governor, after such 
 adjournment, and within ten days after the bill was 
 presented to him (Sundays excepted) shall sign and 
 deposit the same in the office of the Secretary of 
 State ; in which case it shall become a law, in like 
 manner as if it had been signed by him during the 
 session of the General Assembly. Mo., 355. 
 — If any bill shall not be returned within five days 
 after it shall have been presented to him (Sunday 
 excepted), exclusive of the day on which he received 
 it, the same shall be a law in like manner as if he 
 had signed it, unless the Legislature by its final 
 adjournment, prevent such return, in which case it 
 shall be a law, unless the Governor, within ten 
 days next after the adjournment (Sundays excepted), 
 shall tile such bill, with his objections thereto, in the 
 office of the Secretary of State, who shall lay the 
 same before the Legislature at its next session, in like 
 manner as if it had been returned by the Governor; 
 and if the same shall receive the vote of two-thirds 
 of the members elected to each branch of the Legis- 
 lature, upon a vote taken by yeas and nays, to be 
 entered upon the journals of each House, it shall 
 become a law. Nev. 384. 
 
 — If any bill shall not be returned by the Governor 
 within five days, Sundays excepted, after it shall have 
 been presented to him, it shall be a law without his 
 signature, unless the general adjournment shall pre- 
 vent its return ; in which case it shall be, a law, 
 unless the Governor, within five days next after the 
 adjournment, .Sundays excepted, shall file such bill, 
 with his objections thereto, in the office of the Secre- 
 tary of State; who shall lay the same before the Leg- 
 islative Assembly at its next session, in hke manner 
 as if it had been returned by the Governor. Or., 
 453. 
 
 — If any bill shall not be returned by the Governor 
 vvithin ten days, Sundays excepted, after it shall have 
 been presented to him, it shall be a law in like man- 
 ner as if he had signed it, unless the General Assem- 
 bly, by their adjournment prevented its return, in 
 which case it shall be a law, unless sent back within 
 three days after their next meeting. Pa., 462. 
 — And, that time may be always allowed the Gov- 
 ernor to consider bills passed by the General Assem- 
 bly, neither House shall read any bill on the last day 
 of its session, except such bills as have been returned 
 by the Governor as herein provided. S. C, 486. 
 — Every bill presented to the Governor one -day pre- 
 vious to the adjournment of the Legislature, and not 
 returned to the House in which it originated before 
 its adjournment, shall become a law, and have the 
 same force and effect as if signed by the Governor. 
 The Governor may approve any appropriation, and 
 disapprove any other appropriation in the same bill. 
 In such case, he shall, in signing the bill designate 
 the appropriations disapproved, and shall return a 
 copy of such appropriations, with his objections to 
 the House in wliich the bill shall have originated; 
 and the same proceedings shall then be had as in the 
 case of other bills disapproved by the Governor ; 
 but if the Legislature has adjourned before the bill is 
 returned to the House, he shall return the same to 
 the Secretary of State, with his objections, and also 
 to the next session of the Legislature. Tex., 513. 
 — To the end that laws, before they are enacted, 
 may be more maturely considered, and the incon- 
 venience of hasty determinations as much as possible 
 prevented, all bills which originate in the Assembly, 
 
96 
 
 shall be laid before the Grovernor and Council, for 
 their revision and concurrence, or proposals of 
 amendment, who shall return the same to the Asseni- 
 bly, with their proposals of amendment, if any, in 
 writing; and if the same are not agreed to by the 
 Assembly, it shall be in the power of the Governor 
 and Council to suspend the passing of such bills 
 until the next session of the Legislature ; Provided, 
 That if the Grovernor and Council shall neglect or 
 refuse to return any such bill to the Assembly, with 
 written proposals of amendment, within five days, 
 or before the rising of the Legislature, the same shall 
 become a law.] Ft, 525. 
 
 [The Constitutions of Ohio, Rhode Island, Tennes- 
 see, Virginia and West Virginia give no veto power 
 to the executive.] 
 
 Summary of votes required to pass hills over veto. 
 Majority of whole number elected : Ala., 79 ; Ark., 
 89; Lid., 175; Sy., 214; Mo., 355; N. J., 416; S. 
 a, 486. 
 Majority of members: lU., 159; Vt, 529. 
 Majority of two-thirds present: Cal, 98; Me., 
 243; Mass., 283; Neb., 374; Or., 453; Tex., 513; 
 Wis., 564. 
 Majority of two-thirds voting: Ct, 110. 
 Majority of two-thirds of members: U. S., 11; 
 Iowa, 185; Min., 321; Miss., 341; N. H., 405; Pa., 
 462. 
 
 Majority of two-third.s of members elected : Kan., 
 199; La., 230; Mich., 302; Nev., 384. 
 
 Summary of time allowed for return of hills. Two 
 days: S. C, 486. 
 
 Three days : ^rfc. 89 ; Ct., 110; Ind., 175; Iowa, 
 185 ; Kan., 199; Min., 321; Neb., 374 ; Wis., 564. 
 
 Five days: Ala., 79; Fla., 131; Me., 243; Mass., 
 283, 294; Nev., 384; N. a, 405; N. Jl, 416; Or., 
 453; Tex., 513; Vt, 529. 
 Six days : Miss., 341. 
 
 Ten days: U. &, 11; Cal, 98; III, 159; Ky., 
 217; La., 230; Mich., 302; Mo., 355; Pa., 462. 
 
 THE GREAT SEAL, AND ITS USES. 
 
 — There shall be a seal of this State, which shall be 
 kept by the Governor and used by him officially. 
 Arlc, 89. 
 
 — That there shall be a seal of this State, which shall 
 be kept by the Governor, and used by him as occa- 
 sion may require, and shall be called " the great seal 
 of the State of North Carolina," and shall be affixed 
 to all grants and commissions. N. C, 424. 
 — There shall be a seal of this State, which shall bo 
 kept by the Governor, and used by him officially, 
 and shall be called "the great seal of the State," 
 Tenn., 495; (nearly similar,) Cal, 100; Ind., 181; 
 Iowa, 189; Kan., 198; Miss., 341; Neb., 374; Nev., 
 385 ; N J., 420 ; Ohio, 436 ; Or., 459. 
 — There shall be a seal of the State, which shall be 
 kept by the Secretary of State, and be used by him 
 officially, and shall be called by him the great seal of 
 the State of Minnesota, and shall be attached to all 
 official acts of the Governor (his signature to acts and 
 resolves of the Legislature excepted,) requiring 
 authentication. The Legislature shall provide for an 
 appropriate device and motto for said seal. Min., 
 329. 
 
 — The great seal of the State shall be deposited in 
 the office of the Secretary of State, and shall not be 
 affixed to any instr\iraent of writing, but by order of 
 the Governor or General Assembly, and that used 
 previously to the year 1861, shall be the great seal of 
 the State. Oa., 148. 
 
 — The State Seal last heretofore used (until altered 
 by the General Assembly), shall continue to be the 
 Glreat Seal of the State, and shall be kept by the 
 Governor for the time being, and used by him offic- 
 ially. PI, 131. 
 
 — There shall be a great seal of the State, which shall 
 be kept and used by the Governor officially ; and 
 
 the seal now in use shall continue to be the great 
 
 seal of the State, until another shall have been 
 
 adopted by the General Assembly. Ala., 79. 
 
 — There shall be a, seal of the State, which shall be 
 
 kept by the Governor, and used by him officially, the 
 
 said seal shall be a star of five points encircled by an 
 
 olive and live oak branches, and the words "The 
 
 State of Texas." Tex., 513. 
 
 — The Secretary of State shall be the custodian of 
 
 the seal of State, and shall authenticate therewith all 
 
 official acts of the Governor, his approbation of laws 
 
 excepted. The said seal shall be called the " great 
 
 seal of the State of Missouri;" and the. emblems and 
 
 devices thereof heretofore prescribed by law shall not 
 
 be subject to change. Mo., 356. 
 
 — All commissions shall be in the name of the State, 
 
 shall be sealed with the great seal, and be signed and 
 
 tested by the Governor, Del, 119. 
 
 ■ — That all commissions and grants shall run in the 
 
 name of the State of North Carolina, and bear test, 
 
 and be signed by the Governor. N. C, 426. 
 
 — All grants and commissions shall be in the name 
 
 and by the authority of the State of , be sealed 
 
 with the State seal, and signed by the Governor. 
 Tenn., 4; (nearly similar,) La., 231; Pa., 466; S. C, 
 487. 
 
 — All Commissions shall be in the name and by the 
 authority of the State ; shall be sealed with the great 
 seal of the State, signed by the Governor, and attested 
 by the Secretary of State. Ah,., 81 ; (nearly simi- 
 lar,) Ark, 89; Cal, 100; Ct, 110; Fla., 131; III, 
 159 ; Iowa, 189 ; Kan., 198 ; Mich.. 305 ; Miss., 341 ; 
 Nek, 379; Nev., 385; Ohio, 436; Or., 459; 2'ex.,613. 
 — All communications shall be in the name and by 
 authority of the State of Rhode Island and Provi- 
 dence Plantations ; shall be sealed with the State 
 seal, signed by the Governor, and attested by the 
 Secretary. R. I., 477. 
 
 — All Commissions shall be in the name cf the Com- 
 monwealth, signed by the Governor, and attested by 
 the Secretary or his deputy, and have the gceat seal 
 of the Commonwealth affixed thereto. Mass., 293 ; 
 (nearly similar,) N. H., 409. 
 
 — Commissions and grants shall run in the name of 
 the Commonwealth of Virginia, and be attested by 
 the Governor, with the seal of the Commonwealth 
 annexed. Ya., 540. 
 
 — All commissions shall be in the name of the State, 
 signed by the Governor, attested by the Secretary or 
 his deputy, and have the seal of the State thereto 
 affixed. Me., 2^7. 
 
 — All official acts of the Governor, his approval of the 
 laws excepted, shall be authenticated by the great 
 seal of the State, which shall be kept by the Secretary 
 of State. Mich., 305. 
 
 — The Governor shall commission all officers not 
 otherwise provided by law. All commissions shall 
 run in the name and by the authority of the State of 
 , be sealed by the State seal, signed by the Gov- 
 ernor, and attested by the Secretary of State. Mo., 
 357. 
 
 — All public commissions and grants shall run thus ; 
 " The State of Maryland," &c., and shall be signed 
 by the Governor, with the seal of the State annexed ; 
 all writs and process shall run to the same style, and 
 ■ be tested, sealed and signed as usual; and all indict- 
 ments shall conclude " against the peace, government 
 and dignity of the State." Md., 267. 
 — ^All commissions shall be in the name of the free- 
 men of the State of Vermont, sealed with the State 
 seal, signed by the Governor, and in his absence, the 
 Lieutenant-Governor, and attested by the Secretary ; 
 which seal shall be kept by the Governor. Vt., 526. 
 — It shall be the duty of the Legislature to provide a 
 great seal for the State, which shall be kept by the 
 Secretary of State ; and all official acts of the Gov- 
 ernor, his approbation of the laws excepted, shall be 
 thereby authenticated. Wii., 571. 
 — All grants and commissions shall be in the name 
 and by the authority of the State of New Jersey 
 sealed with the great seal, signed by the Governor or 
 person administering the government, and counter 
 
97 
 
 AETIOLB V. 
 
 1 Section 1. The Secretary of State, Comptroller, Treasurer and Attorney- 
 
 2 General, shall be chosen at a general election, and shall hold their oflBces for 
 
 3 two years. Each of the officers in this article named (except the Speaker of 
 
 4 the Assembly) shall, at stated times, during his continuance in office, receive 
 
 5 for his services a compensation, which shall not be increased or diminished 
 
 6 during the term for which he shall have been elected ; nor shall he receive, to 
 
 7 his use, any fees or perquisites of office, or other compensation. 
 
 signed by the Secretary of State, and shall run " The 
 
 State of New Jersey to , greeting." iV! J., 
 
 420. 
 
 — The Governor shall use his private seal until a State 
 seal is provided. /Caw., 207. 
 
 — He shall commission al! officers of the State. S. C, 
 485. 
 
 — All civil officers elected or appointed pursuant to 
 the provisions of this Constitution, shall be commis- 
 sioned by the Governor. N. J., 419. 
 — And the Governor shall issue commissions to the 
 Auditor, Register, Treasurer, President of the Board 
 of Internal Improvement, Superintendent of Public 
 Instruction, and such other officers as he may be 
 dii'eoted by law to commission, as soon as he has 
 ascertained the result of the election of those officers 
 respectively. Ky., 221. 
 
 STATE OFFICERS. 
 
 — The Secretary of State, Comptroller, Treasurer, 
 Attorney-General, Surveyor-General and Commis- 
 sary-General shall be appointed as follows : The 
 Senate and Assembly shall each openly nominate one 
 person for the said offices respectively; after which 
 they shall meet together, and if they shall agree in 
 their nominations, the person so nominated shall be 
 appointed to the office for which he shall be nomi- 
 nated. If they shall disagree, the appointment shall 
 be made by the joint ballot of the Senators and 
 mtmbers of Assembly. The Treasurer shall be chosen 
 annually. The Secretary of State, Comptroller, 
 Attorney-General, Surveyor-General- and Commis- 
 sary-General shall hold their offices for three years, 
 unless sooner removed by concurrent resolution of 
 the Senate and Assembly. N T. (1821), 39. 
 — A Secretary of State, a Comptroller of Public 
 Accounts, and a State Treasurer, shall be elected by a 
 joint vote of both Houses of the General Assembly, 
 each of whom shall continue in office during the term 
 of two years, shall perform all the duties that may 
 be required, of him by law, and receive such compen- 
 sation as may be by law provided. Ala., 81. 
 — There shall be elected a Secretary of State by the 
 qualified voters of the State, who shall continue in 
 office during the term of four years, and until his 
 successor in office be duly quahfied; he shall keep a 
 fair register of all official acts and proceedings of the 
 Governor, and shall, when required, lay the same, and 
 all papers, minutes and vouchers relative thereto, 
 before the General Assembly, and shall perform such 
 other duties as may be required by law. Ark., 89 ; 
 Fl, 131. 
 
 — A Secretary of State, a Comptroller, a Treasurer, 
 an Attorney-General, and a Surveyor General, shall 
 be elected at the same time and places, and in the 
 sirne manner as the Governor and Lieutenant-Gov- 
 ernor, and whose term of office [four years] shall be 
 the same as the Governor. Cal. (amendment of 
 1862). 
 
 25 
 
 — The Secretary of State shall keep a fair record of 
 the official acts of the legislative and executive 
 departments of the Government, and shall, when 
 required, lay the same, and all matters relative 
 thereto, before either branch of the Legislature, and 
 shall perform such other duties as shall be assigned 
 him by law ; and that no inconvenience may result 
 to the public service from the taking eflfect of the 
 amendments proposed to said Art. V., by the Legis- 
 lature of 1861, no officer shall be suf^rseded or sus- 
 pended thereby, until the election and qualification 
 of the several officers provided for in said amend- 
 ments. Cal. (amendment of 1862). 
 — The Comptroller, Treasurer, Attorney-General and 
 Surveyor-General shall be cliosen by joint vote of 
 the two Houses of the Legislature, at their first ses- 
 sion under this Constitution, and thereafter shall be 
 elected at the same time and places, and in the same 
 manner as the Governor rnd Lieutenant-Governor. 
 Cal. (amendment of 1862). 
 
 — A Secretary shall be chosen next after the Treas- 
 urer, and in the same manner; and the votes for Sec- 
 retary shall be returned to, and counted, canvassed 
 and declared by the Treasurer and Comptroller. He 
 shall have the safe keeping and custody of the public 
 records and documents, and particularly the acts, reso- 
 lutions and orders of the General Assembly, and re- 
 cord the same; and perform all such duties as shall 
 be prescribed by law. He shall be the keeper of the 
 seal of the State, which shall not be altered. Ct, 
 111, 114. 
 
 — A Secretary shall be appointed and commissioned 
 during the Governor's continuance in office, if he 
 shall so long behave himself well. He shall keep a 
 fair register of all the official acts and proceedings of 
 the Governor, and shall, when required by either 
 branch of the Legislature, lay the same, and all 
 papers, minutes, and vouchers, relative thereto, before 
 them, and shall perform such other duties as shall be 
 enjoined on him by law. He shall have a compensa- 
 tion for his services to be fixed by law. Dd., 120. 
 — There shall be a Secretary of State, a Comptroller- 
 General, a Treasurer, and Surveyor-General, elected 
 by the General Assembly, and they shall hold their 
 offices for the like period as the Governor, and shall 
 have a competent .><alary, which shall not be increased 
 or diminished during the period for which they shall 
 have been elected. The General Assembly may at 
 any time consolidate any two of these offices, and 
 require all the duties to be discharged by one officer. 
 Oa., 148. 
 
 — There shall be elected by the qualified electors of 
 this State, at the same time of the election for Gov- 
 ernor, a Secretary of State, whose term of office shall 
 be the same as that of the Governor, who shall keep a 
 fair register of the official acts of the Governor, and, 
 when required, shall lay the same, and all papers, 
 minutes and vouchers, relative thereto, before either 
 branch of the General Assembly, and shall perform 
 such other duties as shall be assigned him by law, 
 and shall receive a salary of eight hundred dollars 
 per annum, and no more, except fees ; Provided, 
 
98 
 
 That if the office of Secretary of State should be 
 vacated by death, resignation, or otherwise, it shall 
 be the duty of the Governor to appoint another, who 
 shall hold his office until another Secretary shall be 
 elected and qua.lified. III., 159. 
 — There shall be elected by the voters of the State, a 
 Secretary, an Auditor, and a Treasurer of State, 
 who shall severally hold their offices for two years. 
 They shall perform such duties as may be enjoined 
 by law; and no person shall be eligible to either of 
 said offices more than four years in any period of six 
 years. Ind., 176. 
 
 — The Governor and the Secretary, Auditor and 
 Treasurer of State, shall, severally reside, and keep 
 the public records, books and papers in any manner 
 relating to their respective offices, at the seat of 
 government. Ind., 176. 
 
 — The Secretary of State, Auditor of State, and 
 Ti'easurer of State, shall be elected by the qualified 
 electors, who shall continue in office two years, and 
 until their successors are elected and qualified ; and 
 perform such duties as may be required by law. 
 Iowa, 189. 
 
 — The Executive Department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, Audi- 
 tor, Treasurer, Attorney-General, and Superintendent 
 of Public Instruction, who shall be chosen by the 
 electors of the State, at the time and place of voting 
 for members of the Legislature, and shall hold their 
 offices for the term of two years from the second 
 Monday of January, next after their election, and 
 until tlieir successors are elected and qualified. Kan., 
 197. 
 
 — Should either the Secretary of State, Auditor, 
 Treasurer, Attorney- General, or Superintendent of 
 Public Instruction, become incapable of performing 
 the duties of his office for any of the causes specified 
 in the thirteentli section of this article, the Governor 
 shall fill the vacancy until the disability is removed, 
 or a successor is elected and qualified. Every such 
 vacancy shall be filled by election at the first general 
 election that occurs m.ore than thirty days alter it shall 
 have happened ; and the person chosen shall hold 
 tlie office lor the unexpired term. Kan., 198. 
 — The Governor shall nominate, and by and with the 
 advice and consent of the Senate, appoint a Secretary 
 of State, who sliall be commissioned during the term 
 for which the Governor was elected, if he shall so 
 long behave himself well. He shall keep a fair reg- 
 ister, and attest all the official acts 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 required of him by law. 
 Ky., 214. 
 
 — The General Assembly shall direct by law, how 
 persons who now are, or who may hereafter become 
 securities for public officers, may be relieved or dis- 
 charged on account of such securityship. Ky., 220. 
 — There shall be a Secretary of State, who shall hold 
 his office during the term for which the Governor 
 shall have been elected. Tli» records of the State 
 shall be kept and preserved fn the office of the Sec- 
 retary ; he shall keep a fair register of the official acts 
 and proceedings of the Governor, and when necessary 
 shall attest them ; he shall, when required, lay the 
 said register, and all papers, minutes and vouchers 
 relative to his office before either House of the Gen- 
 eral Assembly, and shall perform such other duties as 
 may be enjoined on him by law. La., 231. 
 — The Secretary of State, Treasurer of State and 
 Auditor of Pfiblio Accounts, shall be elected by the 
 qualified electors of the State ; and in case of any 
 vacancy caused by the resignation, death or absence 
 of the Secretary, QVeasurer or Auditor, the Governor 
 shall order an election to fill said vacancy. La., 231. 
 — The Secretary of State, the Treasurer and the 
 Auditor shall receive a salary of five thousand dollars 
 per annum each. La., 231. 
 
 — The General Assembly shall have the right of abol- 
 ishing the office of State Engineer, by a majority vote 
 of all the members elected to each, branch, and of 
 
 substituting a Board of Public Works in lieu thereof, 
 should they deem it necessary. La., 236. 
 — The Secretary of State shall be chosen annually, at 
 the first session of the Legislature, by joint ballot of 
 the Senators and Representatives in Convention. 
 Me., 245. 
 
 —The records of the State shall be kept in the office 
 of the Secretary, who may appoint his deputies, for 
 whose conduct he shall be accountable. Me., 245. 
 — He shall attend the Governor and Council, Senate 
 and House of Representatives, in person, or by his 
 deputies, as they shall respectively require. Me., 245. 
 — He shall carefully keep and preserve the records of 
 all the official acts and proceedings of the Governor 
 and Council, Senate and House of Repiesentatives, 
 and when required, lay the same before either branch 
 of the Legislature, and perform such other duties as 
 are enjoined by this Constitution, or shall be required 
 by law. Me., 246. 
 
 — A Secretary of State shall be appointed by the 
 Governor, by and with the advice and consent of 
 the Senate, who shall continue in office, unless sooner 
 removed by the Governor, till the end of the official 
 term of the Governor from whom he received his 
 appointment, and shall receive an annual salary of 
 one thousand dollars. Md., 260. 
 — The Secretary of State shall carefully keep and pre- 
 serve a, record of all official acts and proceedings 
 which may at all times be inspected by a committee 
 of either branch of the General Assembly, and shall 
 perform such other duties as are now or may here- 
 after be prescribed by law, or as may properly belong 
 to his office. Md., 260. 
 
 —The Secretary, Treasurer, and Receiver-General, 
 Auditor, and Attorney-General, shall be chosen 
 annually, on the day in November prescribed for the 
 choice of Governor ; and each person then chosen as 
 such, duly qualified in other respects, shall hold his 
 office for the term of one year from the third Wednes- 
 day in January next thereafter, and until another is 
 chosen and qualified in his stead. The qualification 
 of the voters, the manner of the election, theTetuni 
 of the votes, and the declaration of the election, shall 
 be such as are required in the election of Governor. 
 In case of a failure to elect either of said officers on 
 the day of November aforesaid, or in case of the 
 decease, in the meantime, of the person elected as 
 such, such officeu shall be chosen on or before the 
 third Wednesday in January next thereafter, from 
 the two persons who had the highest number of votes 
 for said offices on the day in November aforesaid, by 
 joint ballot of the Senators and Representatives in 
 one room; and in case the office of Secretary, or 
 Treasurer and Receiver-General, or Auditor, or 
 Attorney-General shall become vacant, from any 
 cause, during an annual or special session of the 
 General Court, such vacancy shall in like manner be 
 filled by choice from the people at large ; but if such 
 vacancy shall occur at any other time, it shall be 
 supplied by the Governor by appointment, with the 
 advice and consent of the Council. The person so 
 chosen or appointed, duly qualified in other respects 
 shall hold his office until his successor is chosen and 
 duly qualified in his stead. In case any person chosen 
 or appointed to either of the offices aforesaid, shall 
 neglect, for the space of ten days after he could other- 
 wise enter upon his duties, to qualify himself in all 
 respects to enter upon the discharge of such duties 
 the office to which he h'as been elected or appointed 
 shall be deemed vacant. No person shall be eligible 
 to either of said offices unless he shall have been an 
 inhabitant of this Commonwealth five years next 
 preceding his election or appointment. Mass., 292. 
 —The records of the Commonwealth shall be kept in 
 the office of the Secretary, who may appoint his dep- 
 uties, for whose conduct he shall be accountable ; and 
 he shall attend tlie Governor and Council, the Senate 
 and House of Representatives in person, or by his 
 deputies, as they shall respectively require. Mass. 298. 
 -^There shall be elected at each general biennial'elec- 
 tion a Secretary of State, a Superintendent of Public 
 Instruction, a State Treasurer a Commissioner of the 
 
99 
 
 land Office, an Auditor-General, and an Attorney- 
 General for the term of two years. They shall keep 
 their offices at the seat of government, and shall per- 
 form such duties as may be presciibed by law. 
 Mich., 308. 
 
 — Their term of office shall commence on the first day 
 of January, one thousand eight hundred and fifty- 
 three, and of every second year thereafter. Micli., 308. 
 — The Secretary of State, State Treasurer, and Com- 
 missioner of the State Land Office shall constitute a 
 Board of State Auditors to examine and adjust all 
 claims against the State, not otherwise provided for 
 by general law. They shall constitute a Board of 
 State Canvassers to determine the result of all elec- 
 tions for Governor, Lieutenant-Governor, and State 
 officers, and of such other officers as shall by law be 
 refer-red to them. Mich., 308. 
 
 — The Executive Department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, Au- 
 ditor, Treasurer, and Attorney -General, who shall be 
 chosen by the electors of the State. Min., 323. 
 — The official term of the Secretary of State, Treasu- 
 rer, and Attorney-General shall be two years. The 
 official term of the Auditor shall be three years, and 
 each shall continue in office until his successor shall 
 have been elected and qualified. Min., 323. 
 — The salary of the Secretary of State for the first 
 term shall be fifteen hundred dollars per annum. 
 The Auditor, Treasurer, and Attorney-General shall 
 each for the first teim, receive a salary of one 
 thousand dollars per annum. And the further duties 
 and salaries of said executive officers shall each there- 
 after be prescribed by law. Min., 323. 
 — The Governor shall have power to fill any vacancy 
 that may occur in the office of Secretary of State, 
 Treasurer, Auditor, Attorney-General, and such other 
 State and district officers as may be hereafter created 
 by law, until the next annual election, and until their 
 successors are chosen and qualified. Min., 323. 
 — The Secretary of State shall be elected by the 
 qualified electors of the State, and shall continue in 
 office'during the term of two years. He shall keep 
 a fair register of 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 the Legislature, and shall perform 
 such other duties as may be required of him by law. 
 Miss., 341. 
 
 — A State Treasurer and Auditor of Public Accounts, 
 shall be elected by the qualified electors of the State, 
 who shall hold their offices for the term of two years, 
 unless sooner removed. Miss., 342. 
 — The official term of Secretary of State, Auditor 
 of Public accounts, State Treasurer and Attorney- 
 General shall commence on the first Monday of 
 January next after their election ; but the Attorney- 
 General shall hold his office as heretofore, for the 
 term of four years. On the first Monday of Octo- 
 ber, 1858, and biennially thereafter, an election shall 
 be held for all county, district and ministerial officers, 
 except officers who may then be entitled to hold 
 over after January, 1859, or until the time of holding 
 another election, and the official terms of all such 
 officers then and thereafter elected shall commence on 
 the first Monday of January next after this election ; 
 but all such oiSftcers elected in 1855, or previously, 
 whose official terms, in the absence of this provision, 
 would expire in November, 1857, shall continue in 
 office until the first Monday of January, 1859. Miss., 
 344. 
 
 — There shall be a Secretary of State, a State Audi- 
 tor, a State Treasurer, and an Attorney-General, 
 who shall be elected by the qualified voters of the 
 State, at the same time in the same manner, and for 
 the same term of office as the Governor. No per- 
 son shall be eligible to either of said offices, unles.s he 
 be a white male citizen of the United States, and at 
 least twenty-five years old, and shall have resided in 
 this State five years next before his election. The 
 Secretary of State, the State Auditor, the State 
 Treasurer, and the Attorney-General, shall keep their 
 respective offices at the seat of government, and shall 
 
 perform such duties as may be required of them by 
 law. Mo., 356. 
 
 — The Secretary of State shall keep a register of the 
 official acts of the Governor, and when necessary, 
 shall attest tl.em, and sliall lay copies of the same, 
 together with copies of all papers relating thereto, 
 before either House of the General Assembly, when- 
 ever required to do so. Mo., 356. 
 — Contested elections of Secretary of State, State 
 Auditor, State Treasurer, and Attoi ney-General, shall 
 be decided before such tiibunal, and in such manner 
 as may be by law provided. Mo., 356. 
 — The Secretary, Auditor and Treasurer of State, 
 shall severally perform such duties as shall be pre- 
 scribed by law. Neb., 374. 
 
 — The Secretary of State and Treasurer shall hold 
 their offices for two years, and the Auditor for four 
 years. Their terms of office shall commence on the 
 second Monday of January next after their election 
 and continue until their successors are elected and 
 qualified. Neb., 373. 
 
 — The Secretary of State shall receive during his con- 
 tinuance in office an annual compensation of six hun- 
 dred dollars ; the State Treasurer, four hundred dol- 
 lars; and the State Auditor, eight hundred dollars. 
 Neb., 374. 
 
 — A Secretary of State, a Treasurer, a Controller, a 
 Surveyor-General, and an Attorney-General shall be 
 elected at tlie same time and places, and in the same 
 manner as the Governor. The term of office of each 
 shall be the same as is prescribed for the Governor. 
 Any elector shall be eligible to either of said offices. 
 Nev., 385. 
 
 — The Secretary of State shall keep true records of 
 the official acts of the Legislature and Executive 
 Department of the government, and shall, when 
 required, lay the same, and all matters relative thereof, 
 befoi-e either branch of the Legislature. Nev., 385. 
 — The Secretary of State, State Treasurer, State Con- 
 troller, Surveyor-General, Attorney-General, and 
 Superintendent of Public Instruction, shall perform 
 such other duties as may be prescribed by law. Nev., 
 386. 
 
 — The salary of the Secretary of State shall be thiee 
 thousand six hundred dollars per annum ; the salary 
 of the State Controller shall be three thousand six 
 hundred dollars per annum ; the salary of the State 
 Treasurer shall be three thousand six hundred dollars 
 per annum; the salary of the Surveyor-General shall 
 be one thousand dollars per annum ; the salary of the 
 Attorney-General shall be two thousand five hundred 
 dollars per annum; the salary of the Superintendent 
 of Public Instruction shall be two thousand dollars 
 per annum ; the salary of each Judge of the Supreme 
 Court shall be seven thousand dollars per annum ; 
 the salaries of the foregoing officers shall be paid 
 quarterly out of the State treasury. The pay of 
 State Senators and members of Assembly shall be 
 eight dollars per day for each day of actual service, 
 and forty cents per mile for mileage going to and 
 returning fiom the place of meeting. No officer 
 mentioned in this section shall receive any fee or 
 perquisites to his own use, for the performance of any 
 duty connected with his office, or for the perform- 
 ance of any additional duty imposed upon him by 
 law. iVe!;.,"393. 
 
 — The Secretary, Treasurer and Commissary-General 
 shall be chosen by joint ballot of the Senators and 
 Eepresentatives, assembled in one room. N. H., 408. 
 — The records of the State shall be kept in the office 
 of the Secretary ; and he shall attend the Governor 
 and Council, the Senate and Representatives, in per- 
 son or by Deputy, as they may require. N K, 408. 
 — The Secretary of State shall at all times have a 
 Deputy, to be by him appointed; for whose conduct 
 in office he shall be responsible ; and in case of the 
 death, removal, or inability of the Secretary, his 
 Deputy shall exercise all the duties of the office of 
 Secretary of State, until another shall be appointed. 
 N. K, 408. 
 
 — The Secretary, before he enters upon the business of 
 his office, shall give bond, with sufficient sureties, in 
 
100 
 
 a reasonable sum, for the use of the State, for the 
 punctual performance of his trust. JV. H., 408. 
 — The State Treasurer and the Keeperand Inspectors 
 of the Slate prison shall be appointed by the Senate 
 and General Assembly, in joint-meeting. 
 
 They shall hold the ofBces for one year, and until 
 their successor shall be qualified into office. N. J., 
 419. 
 
 — The Secretary of State shall be ex officio an auditor 
 of the accounts of the Treasurer, and, as such, it 
 shall be his duty to assist the Leciislature in the 
 annual examination and settlement of said accounts, 
 until otherwise provided by law. N. J., 419. 
 — The Secretary of State shall be the Register of the 
 Prerogative Court, and shall perform the duties 
 required of him by law in that respect. N. J., 418. 
 — The Secietary of State shall be the Clerk of the 
 Court of Errors and Appeals. N. J., 417. 
 — That the G-euei-al Assembly shall, by joint ballot 
 of both Houses triennially, appoint a Secretary for 
 this State. N. C, 425. 
 
 — That no Secretary of this State, Attorney-G-eneral, 
 or Clerk of any Court of Record shall have a seat in 
 the Senate, House of Commons, or Council of State. 
 "iV. C, 425. 
 
 — The Executive Department shall consist of a Gov- 
 ernor, Lieutenant-Governor, Secretary of State, Au- 
 ditor, Treasurer, and an Attorney-General, who shall 
 be chosen by the electors of the State, on the second 
 Tuesday of October, and at the places of voting for 
 member-s of the General Assembly. 
 — Tl\e Governor, Lieutenant Governor, Secretary of 
 State, Treasurer and Attorney-General shall hold 
 their offices for two yeais; and the Auditor for four 
 years. Their terms of office shall commence on the 
 second Monday of January next after their election, 
 and continue until their successors are elected and 
 qualified. Ohio, 435. 
 
 — There may be- established in the Secretary of State's 
 Office, a Bureau of Statistics, under such regulations 
 as may be prescribed by law. Ohio, 444. 
 — Should the office of Auditor, Treasurer, Secretary, 
 or Attorney-General, become vacant, for any of the 
 canoes specified in the fifteenth section of this article, 
 the Governor shall fill the vacancy until the disability 
 is removed, or a successor elected and qualiBed. 
 Every such vacancy shall be filled by election, at the 
 first general election that occurs more than thirty 
 days after it sh.iU have happened; and the person 
 chosen shall hold the office for the full teim fixed in 
 the second section of this article. Ohio, 436. 
 — There shall be elected by the qualified electors of 
 the State, at the times and places of choosing mem- 
 bers of the Legislative Assembly, a Secretary and 
 Ti'easurer of State, who shall severally hold their 
 offices for the term of four years ; but no person shall 
 be eligible to either of said offices more than eight in 
 any period of twelve years. Or., 453. 
 — The Secretary of State .shall keep a fair record of 
 the official acts of the Legislative Assembly and Exec- 
 utive Department of the State, and shall, when 
 required, lay the same and all matters relative thereto 
 before either branch of the Legislative Assembly. 
 He .shall be, by virtue of his office, Auditor of Public 
 Accounts, and shall perform such other duties as shall 
 be assigned him by law. Or., 453. 
 — The Governor shall appoint a Secretary of the 
 Commonwealth during pleasure. Pa., 463. 
 — The Secretary of the Commonwealth shall keep a 
 fair register of 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 branch of the Legislature, and shall per- 
 form such other duties as shall be enjoined him by 
 law. Pa., 464. 
 
 [The Secretary of State, Attorney-General and 
 General Treasurer elected annually.] iJ. Z, 478. 
 — In case an election of the Secretary of State, 
 Attorney-General, or General Treasurer, should fail 
 to be made by the electors at the annual election, the 
 vacancy or vacancies shall be filled by the General 
 Assembly in grand committee, from the two candi- 
 
 dates for such office having the greatest number of 
 votes of the electors. Or, in case of a vacancy in 
 either of said offices from other causes, between the 
 sessions of the General Assembly, the Governor shall 
 appoint some person to fill the same until a successor, 
 elected by the General Assembly, is qualified to act; 
 and in such case, and also in all other cases of vacan- 
 cies not otherwise provided for, the General Assembly 
 may fill the same in any manner they may deem 
 proper. R. I., 478. 
 
 — The Secretary of State shall, by virtue of his office, 
 be Secretary of the Senate, unless otherwi-e pro- 
 vided by law; and the Senate may elect such ether 
 officers as they may deem necessary. H. I., 477. 
 —The duties and powers of the Secretary, Attorney- 
 General, and General Treasurer, shall be the same 
 under the Constitution as are now established, or as 
 from time to time may be prescribed by law. B. I., 
 477. 
 
 —The Treasurer and the Secretary of State shall be 
 elected by the General Assembly in the House of 
 Representatives, shall hold their offices for four years, 
 and shall not be eligible for the next succeeding 
 term. S. C, 487. 
 
 — The Secretary of State shall hold his office and 
 reside at the seat of government. S. C, 488. 
 — A Secretary of State shall be appointed by joint 
 vote of the General Assembly, and commissioned 
 during the term of four years; he shall keep a lair 
 register of 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 the General Assembly, and shall perform such 
 other duties as shall be enjoined by law. Te> n., 495. 
 — There shall be a Secretary of State, who shall be 
 appointed by the Governor, by and with the advice 
 and consent of the Senate, and shall continue in office 
 during the term of service of the Governor elect. 
 He shall keep a lair register of all official acts and 
 proceedings of the Governor, and shall, when re- 
 quired, lay the same, and all papers, minutes and 
 vouchers relative thereto, before the Legislature, or 
 either House thereof, and shall perform such other 
 duties as may be reqrired of him by law. Tex., 513. 
 — The Secretary of State and all officers whose 
 elections are not otherwise provided for, and who, 
 under the existing provisions of the Constitution, 
 are elected by the Council and House of Representa- 
 tives, shall hereafter be elected by the Senate and 
 House of Representatives, in joint assembly, at which 
 the presiding officer of the Senate shall preside, and 
 such presiding officer, in such joint assembly, shall 
 have a casting vote, and no other. Vt., 529. 
 — A Secretary of tlie Commonwealth, Treasurer and 
 an Auditor of Public Accounts shall be elected by 
 the joint vote of the two Houses of the General 
 Assembly, and continue in office for the term of two 
 years, unless sooner removed. Va., 540. 
 — The Secretary shall keep a record of the official 
 acts of the Governor, which shall be signed by the 
 Governor and attested by the Secretary ; and when 
 required, he shall lay the same, and any papers, 
 minutes and vouchers pertaining to his office, before 
 either House of the General Assembly; and shall 
 perform such other duties as may be prescribed by 
 law. Va., 540. 
 
 — A Secretary of State, a Treasurer and an Auditor 
 shall be elected at the same time and for the same 
 term as the Governor. Their duties shall be pre- 
 scribed by law. The Secretary of State shall receive 
 thirteen hundred, the Treasurer fourteen hundred, 
 and the Auditor fifteen hundred dollars per annum. 
 
 W. Va., 552. 
 
 — There shall be chosen by the qualified electors of 
 the State, at the times and places of choosing the 
 members of the Legislature, a Secretary of State, 
 Treasurer, and an Attorney-General, who shall sever- 
 ally hold their offices for the term of two years 
 
 Wis., 565. 
 
 — The Secretary of State shall keep a fair record of 
 the official acts of the Legislature and executive 
 department of the State, and shall, when required 
 
101 
 
 lay the same and all matters relative thereto before 
 either branch of the Legialatiire. He shall be ex 
 officio Auditor, and shall perform such other duties as 
 shall be assigned him by law. He shall receive as a 
 compensation for his services, yearly, such sum as 
 shall be provided by law, and shall keep his office at 
 the seat of government. Wis., 565. 
 — The powers, duties, and compensation of the 
 Treasurer and Attorney-G-eneral shall be prescribed 
 by law. Wis., 565. 
 
 FINANCIAL OFFICERS OF THE STATE. 
 
 — The Treasurer of this State shall be appointed by 
 act of the Legislature, to originate with the Assem- 
 bly. Provided, That he shall not be elected out of 
 either branch of the Legislature. N. Y. (1777), 30. 
 
 [The Comptroller and Treasurer under the Consti- 
 tution of 1821 were appointed by the Legislature. 
 The mode prescribed in Art. IV, § 6, p. 39.] 
 
 [A Comptroller of Public Accounts and State 
 Treasurer, elected by joint ballot of both Houses for 
 u term of two years.] Ala., 81. 
 — There shall be elected, by the qualified voters of 
 this State, an Auditor and Treasurer for this State, 
 who shall hold their offices for the term of two years, 
 and until their respective successors are elected and 
 qualified, unless sooner removed; and shall keep 
 their respective offices at the seat of government, and 
 perform such duties as shall be prescribed by law; 
 and in case of vacancy by death, resignation, or 
 otherwise, such vacancy shall be filled by the Gover- 
 nor as in other cases. AHc, 90. 
 — A Secretary of State, a Comptroller, a Treasurer, 
 an Attorney-General, and Surveyor-General shall be 
 chosen in the manner provided in this Constitution; 
 and the term of office and eligibility of each shall be 
 the same as are prescribed for the Governor and 
 Lieutenant-Governor. Cal, 101. 
 — ^A Comptroller of Public Accounts shall be annually 
 chosen by the electors, in their meeting in April, and 
 in the same manner as the Treasurer and Secretary 
 are chosen, and the votes for Comptroller shall be 
 returned to and counted, canvassed and declared by 
 the treasurer and Secretary. Ct, 115. 
 — The State Treasurer shall be appointed biennially 
 by the House of Representatives, with the concur- 
 rence of the Senate. In case of vacancy in the office 
 of State Treasurer in the recess of the General 
 Assembly, either through omission of the General 
 Assembly to appoint, or by death, removal out of the 
 State, resignation, or inability of State Treasurer, or 
 his failure to give security, the Governor shall fill 
 the vacancy by appointment, to continue until the 
 next meeting of the General Assembly. The State 
 Treasurer shall settle his accounts annually with the 
 General Assembly, or a committee thereof, which 
 shall be appointed at every biennial session. No 
 person who hath served in the office of State Treas- 
 urer shall be eligible to a seat in either House of the 
 General Assembly until he shall have made a final 
 settlement of his accounts as . Treasurer, and dis- 
 charged the balance, if any, due thereon. Bel, 119. 
 — A State Treasurer and Comptroller of Public 
 Accounts shall be elected by the qualified electors of 
 the State at the same time, and who shall continue 
 in office for the same term of years as the Governor 
 of the State, and until their successor shall have been 
 duly commissioned and qualified. Fl, 132. 
 
 There shall be chosen by the qualified electors 
 
 throughout the State, an Auditor of Public Accounts, 
 who shall hold his office for the term of four years, 
 and until his successor is qualified, and whose duty 
 shall be regulated by law, and who shall receive a 
 salary, exclusive of clerk hire of one thousand dollars 
 per annum for his services, and no more. lU., 159. 
 — There shall be elected, by the qualified electors 
 throughout the State, a State Treasurer, who shall 
 hold his office for two years, and until his successor 
 is qualified; whose duties may be regulated by law, 
 26 
 
 and who shall receive a salary of eight hundred dol- 
 lars per annum, and no more. III., 159. 
 — There shall be elected by the voters of the State, a 
 Secretary, an Auditor, and a Treasurer of State, who 
 shall severally hold their offices for two years. They 
 shall perform such duties as ma}' be enjoined by law; 
 and no person shall be eligible to either of said offices 
 more than four years in any period of six years. 
 Ind., 176. 
 
 — The Secretary of State, Auditor ot State, and 
 Treasurer of State, shall be elected by the quahfied 
 electors, who shall continue in office two years, and 
 until their successors are elected and qualified, and 
 perform such duties as may be required by law. 
 Iowa, 189. 
 
 [State Auditor and Treasurer elected for term of 
 two years.] Kan., 197; Min., 323; Neh., 372; Wis., 
 565. 
 
 — A Treasurer shall be elected by the qualified voters 
 of the State, for the term of two years; and an 
 Auditor of Public Accounts, Register of the Land 
 Office, and Attorney-General, for the term of four 
 years. The duties and responsibilities of these officers 
 shall be prescribed by law ; Provided, That inferior 
 State officers, not specially provided for m this Con- 
 stitution, may be appointed or elected in such manner 
 as shall be prescribed by law, for a term not exceed- 
 ing four years. Ej/., 214. 
 
 — There shall be a Treasurer of the State, and an Au- 
 ditor of Public Accounts, who shall hold their respec- 
 tive offices during the term of four years. La., 231. 
 — The Treasurer shall be chosen annually, at the first 
 session of the Legislature, by joint ballot of the Sena- 
 tors and Representatives in Convention, but shall not 
 be eligible for more than five years successively. Mb., 
 246. 
 
 — The Treasurer shall, before entering on the duties 
 of his office, give a bond to the State, with sureties, 
 to the satisfaction of the Legislature, for the faithful 
 discharge of his trust. Me., 246. 
 — The Treasurer shall not, during his continuance in 
 office, engage in any business of trade or commerce, 
 or as a broker, nor as an agent or factor for any mer- 
 chant or trader. Me., 246. 
 
 — The Treasury Department of this State shall con- 
 sist of a Comptroller, and a Treasurer. Md., 272. 
 — The Comptroller shall be chosen by the qualified 
 electors of the State at each regular election for mem- 
 bers of the General Assembly. He shall hold his 
 office for two years, commencing on the second Wed- 
 nesday in Jam;jiry next ensuing his election, and 
 shall receive an annual salary of twenty-five hundred 
 dollars, but shall not be allowed, nor shall he receive 
 any fees, commissions or perquisites of any kind, in 
 addition thereto, for the performance of any official 
 duty or service. He shall keep his office at the seat 
 of government, and shall take such oath, and enter 
 into such bond for the faithful performance of his duty 
 as are now or may hereafter be prescribed by law. 
 A vacancy in the office of Comptroller shall be filled 
 by the Governor for the residue of the term. The 
 first election for Comptroller under this Constitution 
 shall be held on the Tuesday next after the first Mon- 
 day in the month of November, in the year eighteen 
 hundred and sixty-four, but the Comptroller then 
 elected shall not enter upon the discharge of the duties 
 of his office until the expiration of the term of the 
 present incumbent, unless the said office shall sooner 
 become vacant, jkd., 272. 
 
 — The Comptroller shall have the general superin- 
 tendence of the fiscal affairs of the State; he shall 
 digest and prepare plans for the improvement and 
 management of the revenue, and for the support of 
 the public credit; prepare and report estimates of the 
 revenue and expenditures of the State ; superintend 
 and enforce the collection of all taxes and revenue ; 
 adjust, settle and preserve all pubUc accounts ; decide 
 on the forms of keeping and stating accounts ; grant, 
 under regulations prescribed by law, all warrants for 
 moneys to be paid out of the treasury in pursuance 
 of appropriations by law, prescribe the formalities of 
 the transfer of stocks or other evidences of the State 
 
102 
 
 debt, and countersign the same, ■without which such 
 evidences shall not be valid ; he shall make lull reports 
 of all his proceedings and of the state of the Treasury 
 Department, within ten days after the commence- 
 ment of each session of the G-eneral Assembly, and 
 perform such other duties as are now or may here- 
 after be prescribed by law. Md., 272. 
 — The Treasurer shall be elected on joint ballot by 
 the two Houses of the General Assembly at each 
 regular session thereof. He shall hold his office for 
 two years, and shall receive an annual salary of 
 twenty-five hundred dollars, but shall not be allowed, 
 nor shall he receive any fees, commissions, or perquis- 
 ites of any kind in addition thereto, for the perform- 
 ance of any official duty or service. He shall keep 
 •his office at the seat of government, and shall take 
 such oath, and enter into such bond for the faithful 
 discharge of his duty as are now or may hereafter be 
 prescribed by law ; a vacancy in the office of Treasurer 
 shall be filled by the Governor for the residue of the 
 term. The General Assembly at its first session after 
 the adoption of this Constitution shall elect a Treas- 
 urer, but the Treasurer then elected shall not enter 
 upon the discharge of the duties of his office until the 
 expiration of the term of the present incumbent, unless 
 the said office shall sooner become vacant. Md., 111. 
 — The Treasurer shall receive and keep the moneys 
 of the State, and disburse the same upon warrants 
 drawn by the Comptroller and not otherwise ; he 
 shall take receipts tor all moneys paid by him, and 
 all receipts for moneys received by him shall be 
 indorsed upon warrants signed by the Comptroller, 
 without which warrants, so signed, no acknowledg- 
 ment of money received into the Treasury shall be 
 valid ; and upon warrants issued by the Comptroller, 
 he shall make arrangements for the payment of the 
 interest of the public debt, and for the purchase 
 thereof, on account of the sinking fund. Every 
 bond, certificate or other evidence of the debt of the 
 State shall be signed by the Treasurer and counter- 
 signed by the Comptroller, and no new certificate or 
 other evidence intended to replace another shall be 
 issued until the old one shall be delivered to the 
 Treasurer, and authority executed in due form for 
 the transfer of the same shall be filed in his office, 
 and the transfer accordingly made on the books 
 thereof, and the certificate or other evidence can- 
 celed ; but the General Assembly may make provision 
 for the loss of certificates or other evidence of the 
 debt. Md., 272. 
 
 — The Treasurer shall render his account quarterly 
 to the Comptroller, and on the third day of each reg- 
 ular session of the General Assembly he shall submit 
 to the Senate and House of Delegates fair and accu- 
 rate copies of all accounts by him from time to time 
 rendered and settled with the Comptroller. He shall 
 at all times submit to the Comptroller the inspection 
 of the moneys in his har.ds, and perform all other 
 duties that are now or may hereafter be prescribed 
 by law. Md., 272. 
 
 — The Secretary, Treasurer and Receiver-General, 
 Auditor and Attorney-General, shall be chosen annu- 
 ally, on the day in November prescribed for the 
 choice of Governor ; and each person then chosen as 
 such, duly qualified in other respects, shall hold his 
 office for the term of one year frdm the third Wednes- 
 day in January next thereafter, and until another is 
 chosen and qualified in his stead. The qualifications of 
 the voters, the manner of the election, the return of the 
 votes, and the declaration of the election, shall be 
 such as are required in the election of Governor. In 
 case of a failure to elect either of said officers on the 
 day in November aforesaid, or in case of the decease 
 in the meantime, of the person elected as such, such 
 officer shall be chosen on or before the third Wednes- 
 day in January next thereafter, from the two persons 
 who had the highest number of votes for said offices 
 on the day in November aforesaid, by joint ballot of 
 the Senators and Representatives, in one room ; and 
 In case the office of Secretary, or Treasurer and 
 Receiver-General, or Auditor, or Attorney-General, 
 shall become vacant, from any cause, during an annual 
 
 or special session of the General Court, such vacancy 
 shall in like manner be filled by choice from the 
 people at large; but if such vacancy shall occur at 
 any other time, it shall be supplied by the Governor 
 by appointment, with the advice and consent of the 
 Council. The person so chosen or appointed, duly 
 qualified in other respects, shall hold liis office until 
 his successor is chosen and duly qualified in his stead. 
 In case any person cliosen or appointed to either of 
 the offices aforesaid, shall neglect, for the space of ten 
 'days after he could othervi^ise enter upon his duties, 
 to qualify himself in all respects to enter upon the 
 discharge of such duties, the office to which he has 
 been elected or appointed shall be deemed vacant. 
 No person shall be eligible to either of said offices 
 unless he shall have been an inhabitant of this Com- 
 monwealth five years next preceding his election or 
 appointment. Mass., 298. 
 
 — There shall be elected at each general biennial 
 election a Secretary of State, a Superintendent of 
 Public Instruction, a State Treasurer, a Commissioner 
 of the Land Office, and Auditor-General, and an At- 
 torney-General, for the term of two years. They shall 
 keep their offices at the seat of government, and shall 
 perform such duties as may be prescribed by law. 
 
 Their term of office shall commence on the first day 
 of January, one thousand eight hundred and fifty- 
 three, and of every second year thereafier. 
 
 Whenever a vacancy shall occur in any of the 
 State offices, the Governor shall fill the same by ap- 
 pointment, by and with the advice and consent of the 
 Senate, if in session. 
 
 The Secretary of State, State Treasurer, and Com- 
 missioner of the State Land Office shall constitute a 
 Board of State Auditors to examine and adjust all 
 claims against the State, not otherwise provided for 
 by general law. They shall constitute a Board of 
 State Canvassers to determine the result of all elec- 
 tions for Governor, Lieutenant-Governor, and State 
 officers, and of such other officers as shall by law be 
 referred to them. Mich., 308. 
 
 — A State Treasurer and Auditor of Public Accounts 
 shall be elected by the qualified electors of the State, 
 who shall hold their offices for the term of two years, 
 unless sooner removed. Miss., 342. 
 — There shall be a Secretary of State, a State Auditor, 
 a State Treasurer, and an Attorney-General who shall 
 be elected by the qualified voters of the State, at the 
 same time, in the same manner, and for the same 
 term of office as the Governor. No person shall be 
 eligible to either of said offices, unless he be a white 
 male citizen of the United States, and at least twen- 
 ty-five years old, and shall have resided in this State 
 five years next before his election. The Secretary 
 of State, the State Auditor, the State Treasurer, and 
 the Attorney-General, shall keep their respective 
 offices at the seat of government, and shall perform 
 such duties as may be required of them by law. 
 Mo., 356. 
 
 — Contested elections of Secretary of State, State 
 Auditor, State Treasurer, and Attorney-General, shall 
 be decided before" such tribunal, and in such manner 
 as may be by law provided. Mo., 356. 
 — A Secretary of State, a Treasurer, a Controller, a 
 Surveyor-General, and an Attorney-General shall be 
 elected at the same time and places, and in the same 
 manner as the Governor. The term of office of each 
 shall be the same as is prescribed for the Governor. 
 Any elector shall be eligible to either of said offices. 
 Nev., 385. 
 
 —The Secretary of State, State Treasurer, State 
 Controller, Surveyor-General, Attorney-General, and 
 Supeiintendent of Public Instruction, shall perform 
 such other duties as may be prescribed by law. Mv. 
 385. ' 
 
 — The Secretary, Treasurer, and Commissary-Gene- 
 ral, shall be chosen by joint ballot of the Senators 
 and Representatives, assembled in one room jff. H 
 408. ■ ■' 
 
 — The State Treasurer and the Keeper and Inspectors 
 of the State prison shall be appointed by the Senate 
 and General Assembly, in joint meeting. 
 
103 
 
 Tliey shall hold the offices for one year, and until 
 their successors shall be qualified into oflBce. N. J., 419. 
 —That the General Assembly, shall, by joint ballot 
 of both Houses, annually, appoint a Treasurer or 
 Treasurers for this State. N. C., 425. 
 — Tliat no Treasurer shall have a seat either in the 
 Senate, House of Commons, or Council of State, 
 during his continuance in that of&ce or before he 
 shall have finally settled his accounts with the public 
 for all the moneys which may be in his hands, at the 
 e.xpiration of his office, belonging to the State, and 
 hath paid the same into the hands of the succeeding 
 Treasurer. iV! C, 425. 
 
 — [State Treasurer elected for two years, and Auditor 
 for four years.J Ohio, 435. 
 
 f A Treasurer of State elected for term of four years 
 but is not eligible more than eight years in twelve.] 
 Or., 453. 
 
 ■ — The power and duties of the Treasurer of State 
 shall be such as may be prescribed by law. Or., 453. 
 
 [Salary of Treasurer of State, $800.] Or., 457. 
 — A State Treasurer shall be elected annually, by joint 
 vote of botli branches of the Legislature. Pa., 466. 
 
 [A genei'al Treasurer elected annually. B. I., 478. 
 — If an election fail, he is appointed by the General 
 Assembly in grand committee. R. Z, 478. 
 — The business of the treasury shall be conducted by 
 one Treasurer, who shall hold his office and reside at 
 the seat of government. S. C, 488. 
 — There shall be a Treasurer or Treasurers appointed 
 for the State, by the joint vote of both Houses of the 
 General Assembly, wlio shall hold his or their offices 
 for two years. Tenn. 497. 
 
 — There shall be elected, by the qualified electors of 
 this State, in the manner prescribed by law, a Comp- 
 troller of Public Accounts and a State Treasurer, each 
 of whom shall hold his office for the term of four years; 
 and in case of a vacancy in either of said offices, the 
 Governor shall have power to fill the same by appoint- 
 ment, which shall continue in force until the office 
 cm be filled at the next general election for State and 
 ciunty officers, and the successors duly qualified. 
 Tex., 514. 
 
 [Treasurer elected.] Vt, 523. 
 — The Treasurer of the State shall, before entering 
 upon the duties of his office, give sufficient security 
 to the Secretary of State, in behalf of the State of 
 Vermont, before the Governor of the State, or one 
 of the Judges of the Supreme Court. And Sheriffs 
 and High Bailiffs, before entering upon the duties 
 of their respective offices, shall give security to the 
 Treasurer of their respective counties, before one of 
 the Judges of the Supreme Court, or the two assistant 
 judges of the County Court of their respective coun- 
 ties, in such manner and in such sums as shall be 
 directed by the Legislature. Vt, 530. 
 — The Treasurer's account shall be annually audited, 
 and a fair statement thereof be laid before the Gen- 
 eral Assembly, at their session in October. Vt., 526. 
 — And in case there shall be a vacancy in the office 
 of Treasurer, by reason of any of the causes enumer- 
 ated, the Governor shall appoint a Treasurer for the 
 time beino:, who shall act as Treasurer until the dis- 
 ability shall be removed, or a ne\v election shall be 
 made. Vt., 530. 
 
 — A Secretary of the Commonwealth, Treasurer and 
 an Auditor of Public Accounts shall be elected by 
 the joint vote of the two Houses of the General As- 
 sembly, and continue in office for the term of two 
 years unless sooner removed. 
 
 — The powers and duties of the Treasurer and Audi- 
 tor shall be such as now are, or may be hereafter pre- 
 scribed by law. Vt, 540. 
 
 — A Secretary of State, a Treasurer and an Auditor 
 shall be elected at the same time and for the same 
 terra as the Governor. Their duties shall be prescribed 
 by law. The Secretary of the State shall receive thir- 
 teen hundred, the Treasurer fourteen hundred, and 
 the Auditor fifteen hundred dollars per annum. W. 
 Va., 552. 
 
 [The powers, duties and compensation of the Treas- 
 urer to be prescribed by law.] Wis., 565. 
 
 ATTORNEY-GENERAL. 
 
 — An Attorney-General, and as many solicitors as 
 there are judicial circuits in the State, shall be elected 
 by a joint vote of both houses of the General 
 Assembly, each of whom shall hold his office for the 
 term of four years, shall perform all the duties that 
 may be required of him by law, and shall receive such 
 compensation for his services as may be by law pro- 
 vided, which shall not be diminished during his con- 
 tinuance in office. Ala., 81. 
 
 — The qualified voters thereof shall elect an Attorney 
 for the State, for each judicial circuit established by 
 law, who shall continue in office two year's, and until 
 his successor is elected and qualified and reside within 
 the circuit for which he was elected at the time of, 
 and during his continuance in office. In all cases 
 where an Attorney for the State, of any circuit, fails 
 to attend and prosecute, according to law, the court 
 shall have power to appoint any Attorney pro tem- 
 pore. Arlc, 92. 
 
 — The qualified voters of this State shall elect an 
 Attorney-General, whose salary shall be the same 
 as that of Circuit Judge, who shall be learned in the 
 law ; who shall be at least thirty years of age, and 
 shall hold his office for the term of four years from 
 the date of his commission, and until his successor is 
 elected and qualified; and whose duty it shall be to 
 prosecute the State's pleas before the Supreme Court, 
 and give his opinion, in writing, on all questions of 
 law or equity, when required by the Governor or 
 other officer of the State, and perform such other 
 duties as may be prescribed by law. Arh., 32. 
 — The Attorney-General, the State's attorneys, and 
 Clerks of the Supreme and Circuit Courts, and Courts 
 of Chancery, if any such be established, shall receive 
 for their services such salaries, fees and perquisites of 
 office, as shall, from time to time be fixed by law. 
 Arlc, 91. 
 
 — There shall be an Attorney-General for the State, 
 who shall reside at the seat of government, and he 
 shall perform such duties as may be prescribed by 
 law ; he shall be elected by the qualified voters of 
 the State, at the same time and in the same manner 
 that the Comptroller, Secretary of State and Treasu- 
 rer are elected, and his term of office shall be the 
 same ; but he may be removed by the Governor, on 
 the address of a majority of the two Houses of the 
 General Assembly, and shall receive for his services 
 a compensation to be fixed by law. Fl., 135. 
 — There shall be a State's Attorney and Solicitors 
 elected in the same manner as the Judges of the 
 Superior Court, and commissioned by the Governor, 
 who shall hold their offices for the term of four years, 
 or until their successors shall be appointed and quali- 
 fied, unless removed by sentence on impeachment, or 
 by the Governor, on the address of two-thirds of 
 each branch of the General Assembly. They shall 
 have salaries adequate to their services fixed by law, 
 which shall not be increased or diminished during 
 their continuance in office. Oc, 149. 
 — The General Assembly shall provide, by law, for 
 the election of an Attorney-General by the people, 
 whose term of office shall be two years, and until his 
 successor is elected. Iowa, 190. 
 — There shall be elected in each judicial circuit, by the 
 TOters thereof, a Prosecuting Attorney, who shall hold 
 his office for two years. Ind., 177. 
 -i-When a vacancy shall happen in the office of Attor- 
 ney-General, Auditor of Public Accounts, Treasurer, 
 Register of the Land office. President of the Board of 
 Internal Improvement, or Superintendent of Public 
 Instruction, the Governor, in the recess of the Sen- 
 ate, shall have power to fill the vacancy by granting 
 commissions which shall expire at the end of the next 
 session, and shall fill the vacancy for the balance of 
 the time by and with the advice and consent of the 
 Senate. -Kj/., 221. 
 
 — A Commonwealth's Attorney for each judicial dis- 
 trict shall be elected. Ky., 218. 
 — The Commonwealth's Attorney and Circuit Court 
 Clerk shall be elected at the same time as the Circuit 
 
104 
 
 Judge ; the Commonwealth's Attorney by the quali- 
 fied voters of the district, the Circuit Court Clerk by 
 the qualified voters of the county. The County 
 Attorney, Clerk, Surveyor, Coroner and Jailor shall 
 be elected at the same time and in the same manner 
 as the Presiding Judge of the County Court. Ky., 218. 
 — There shall be an Attorney-General for the State 
 and as many District Attorneys as the Legislature 
 shall find nesessary. The Attorney-General shall be 
 elected every four years by the qualified voters of the 
 State. He shall receive a salary of five thousand 
 dollars per annum, payable on his own warrant, 
 quarterly. The District Attorneys shall be elected 
 by the qualified voters of their respective districts 
 for a term of four years. They shall receive such 
 salaries as shall be provided by the Legislature. La., 
 232. 
 
 [The Attorney-General is appointed by Governor 
 and Council.] Me., 244. 
 
 — There shall be an Attorney-General elected by the 
 qualified voters of the State, on general ticket, on 
 the Tuesday next after the first Monday in the month 
 of November, in the year eighteen hundred and 
 sixty-four, and on the same day in every fourth year 
 thereafter, who shall hold his office for four years from 
 the first Monday of January next ensuing his election, 
 and until his successor shall be elected and qualified, 
 and shall be re-eligible thereto, and shall be subject 
 to removal for incompetency, willful neglect of duty, 
 or misdemeanor in office, on conviction in a court of 
 law. Md., 270. 
 
 — All elections for Attorney-General shall be certi- 
 fied to, and returns made thereof by the Clerks of 
 the Circuit Courts for the several counties, and the 
 Clerk of the Superior Court of Baltimore city, to the 
 Governor of the State, whose duty it shall be to 
 decide upon the election and qualifications of the 
 person returned, and in ease of a tie between two 
 or more persons to designate which of said persons 
 shall qualify as Attorney-General, and to administer 
 the oath of office to the person elected. Md., 271. 
 —It shall be the duty of the Attorney-General to 
 prosecute and defend, on the part of the State, all 
 cases which at the time of his election and qualifica- 
 tion, and which thereafter may be depending in the 
 Court of Appeals, or in the Supreme Court of the 
 United States, by or against the State, or wherein 
 the State may be interested ; and he shall give his 
 opinion in writing whenever required by the General 
 Assembly, or either branch thereof, the Governor, 
 the Comptroller, the Treasurer, or any State's Attor- 
 ney, on any matter or subject depending before them, 
 or either of them, and when required by the Gov- 
 ernor or the General Assembly he shall aid any 
 State's Attorney in prosecuting any suit or action 
 brought by the State in any court of this State ; and 
 he shall commence and prosecute or defend any suit 
 or action in any of said courts, on the part of the 
 State, which the General Assembly or the Governor, 
 acting according to law, shall direct to be commenced, 
 prosecuted or defended ; and he shall receive for his 
 services an annual salary of twenty-five hundred 
 dollars; but he shall not be entitled to receive any 
 fees, perquisites or rewards whatever in addition to 
 the salary aforesaid for the performance of any official 
 duty, nor have power to appoint any agent, repre- 
 sentative or deputy, under any circumstances what- 
 ever. Md., 271. 
 
 — No person shall be eUgible to the office of Attor- 
 ney-General who has not resided and practiced law 
 in this State for at least seven years next preceding 
 his election. Md., 271. 
 
 — In case of a vacancy in the office of Attorney-Gen- 
 eral, occasioned by death, resignation, or his removal 
 fiom the State, or his conviction, as hereinbefore 
 specified, the said vacancy shall be filled by the Gov- 
 ernor for the residue of the jterm thus made vacant. 
 Md., 271. 
 
 — There shall be an Attorney for the State in each 
 county and the city of Baltimore, to be styled " The 
 State's Attorney," who shall be elected by the voters 
 thereof, respectively, on the. Tuesday next after the 
 
 first Monday in the month of November, eighteen 
 hundred and sixty-seven, and on the same day every 
 fourth year thereafter, and shall hold his office for 
 four years from the first Monday in January next en- 
 suing his election, and until his successor shall be 
 elected and qualified, and shall be re-eligible thereto, 
 and be subject to removal therefrom for incompetency, 
 willful neglect of duty or misdemeanor in office, on 
 conviction in a court of law. Md., 271. 
 
 All elections for the State's Attorney shall be cer- 
 tified to and returns made thereof by the Clerks of the 
 said counties and city to the judges having criminal 
 jurisdiction respectively, whose duty it shall be to de- 
 cide upon the elections and qualifications of the per- 
 sons returned, and in case of a tie between two or 
 more persons, to designate which of said persons shall 
 qualify as State's Attorney, and to administer the 
 oaths of office to the persons elected. Md., 271. 
 — ^No person shall be eligible to the office of State " 
 Attorney who has not been admitted to practice law 
 in this State, and who has not resided for at least one 
 year in the county or city in which he may be elected. 
 Md., 271. 
 
 — The Attorney-General of the State is required to 
 prepare and report to the Legislature, at the com- 
 mencement of the next session, such changes and 
 modifications in existing laws as may be deemed 
 necessary to adapt the same to this Constitution, and 
 as may be best calculated to carry into effect its pro- 
 visions; and he shall receive no additional compen- 
 sation therefor. Mich., 316. 
 
 — There shall be an Attorney-General elected by the 
 quahfied electors of the State ; and a competent num- 
 ber of District Attorneys shall be elected by the 
 qualified voters of their respective districts, whose 
 compensation and term of service shall be prescribed 
 by law. Mils., 340. 
 
 — The Attorney-General, Prosecutors of Pleas, Clerk 
 of the Supreme Court, Clerk of the Court of Chan- 
 cery, and Secretary of State, shall be nominated by 
 the Governor, and appointed by him, with the advice 
 and consent cf the Senate. 
 
 They shall hold their offices five years. N. J., 419. 
 — The General Assembly, at its first session after the 
 year one thousand eight hundred and thirty-nine, and 
 from time to time thereafter, shall appoint an Attor- 
 ney-General, who shall be commissioned by the 
 Governor, and shall hold his office for the term of 
 four years ; but if the General Assembly should here- 
 after extend the term during which solicitors of the 
 State shall hold their offices, then they shall have 
 power to extend the term of office of the Attorney- 
 General to the same period. N. C, 429. 
 — An Attorney-General for the State shall be elected 
 by the qualified voters ot the State at large, and the 
 Attorney for the State for any circuit or district to 
 which a judge of an inferior court may be assigned, 
 shall be. elected by the qualified voters within the 
 bounds of such district or circuit, in the same manner 
 that members of the General Assembly are elected ; 
 all said Attorneys, both for the State and circuit or 
 district, shall hold their offices for the term of six 
 years. In all cases where the Attorney for any dis- 
 trict fails or refuses to attend and prosecute according 
 to law, the court shall have power to appoint an 
 Attorney pro tempore. Term., 503. 
 — An Attorney-General shall be elected by the peo- 
 ple, who shall reside at the capital of the State during 
 his continuance in office, whose duties shall be pre- 
 scribed by law, who shall hold his office for four 
 years, and who, in addition to perquisites, shall 
 receive an annual salary of three thousand dollars, 
 which shall not be increased or diminished during his 
 term of office. Ike, &U. 
 
 — At every election of a Governor, an Attorney- 
 General shall be elected by the voters of the Com- 
 monwealth for the term of four years. He shall be 
 cornmissioned by the Governor, shall perform such 
 duties and receive such compensation as may be pre- 
 scribed by law, and be removable in the manner 
 prescribed for the removal of judges. Va., 543. 
 — At every election of a Governor an Attorney- 
 
105 
 
 1 S 2. A State Engineer and Surveyor shall be chosen at a general election, 
 
 2 and shall hold his office two years, but no person shall be elected to said office 
 
 3 who is not a practical engineer. 
 
 1 § 3. Three Oanal Commissioners shall be chosen at the general election 
 
 2 which shall be held next after the adoption of this Constitution, one of whom 
 
 3 shall hold his office for one year, one for two years, and one for three years. 
 
 4 The Commissioners of the Canal Fund shall meet at the Capitol on the first 
 
 5 Monday of January, next after such election, and determine by lot which of 
 
 6 said Commissioners shall hold his office for one year, which for two, and which 
 
 7 for three years ; and there shall be elected annually, thereafter, one Canal 
 
 8 Commissioner, who shall hold his office for three years. 
 
 1 §4. Three Inspectors of State Prisons shall be elected at the general 
 
 2 election which shall be held next after the adoption of this Constitution, one 
 
 3 of whom shall hold his office for one year, one for two years, and one for three 
 
 4 years. The Governor, Secretary of State and Comptroller shall meet at the 
 
 5 Capitol on the first Monday of January next succeeding such election, and 
 
 6 determine by lot which of said inspectors shall hold his office for one year, 
 
 7 which for two, and which for three years ; and there shall be elected annually 
 
 8 thereafter, one Inspector of State Prisons, who shall hold his office for three 
 
 9 years ; said inspectors shall have the charge and superintendence of the State 
 
 10 Prisons, and shall appoint all the officers therein. All vacancies in the office 
 
 11 of such inspector shall be filled by the Governor till the next election. 
 
 General shall be elected. He shall be commissioned — It shall be the duty of the said commissioners 
 
 by the Governor; shall perform such duties and faithfully to apply said fund, together with all moneys 
 
 receive such compensation as may be prescribed by that may be, by the General Assembly, appropriated 
 
 law and be removable in the same manner as the to that object, to the payment of the interest, as it 
 
 judges. W. Va., 554. becomes due, and the redemption of the principal of 
 
 the public debt of the State, excepting only the school 
 
 and trust funds held by the State. Ohio, 440. 
 
 — The said Commissioners shall, semi-annually, make 
 
 a full and detailed report of their proceedings to the 
 
 rOMMISSIONBKS OF FUNDS Governor, who shall immediately cause the same to 
 
 be published, and shall also communicate the same to 
 
 n CI i. J the General Assembly, forthwith, if it be in session, 
 —The Auditor of State, Secretary of State and ^^^ -^ ^^, ^,^g^ ^^ j^^ ^..^j ggggj^^ ^f^^^ ^^^^ j. . 
 
 Attorney-General are hereby created a Board of ^■^^y^ ^^ ^^^^ qj^^ ^^q_ 
 Commissioners, to be styled " The Commissioners of 
 the Sinking Fund. Ohio, 4^9. 
 
 The Commissioners of the Sinking Fund shall, 
 
 immediately preceding each regular session of the 
 
 General Assembly, make an estimate of the probable t^vtat a-rttttv m? trn-NTriC! 
 
 amount of the fund provided for in the seventh sec- INVIOLABILITY OF FUNDS, 
 
 tion of this article, from all sources except from tax- 
 ation and report the same, together with all their — The principal of all funds arising, from the sale or 
 proce'edino's relative to said fund and the public debt, other disposition of lands or other property, granted 
 to the Governor who shall transmit the same, with or entrusted to this State for educational and reli- 
 his regular raessao'e, to the General Assembly, and gious purposes, shall forever be preserved inviolate 
 the general Assembly shall make all necessary provi- and undiminished; and the income arising therefrom 
 sion for raising and disbursing said Sinking Fund, in shall be faithfully applied to the specific objects of 
 pursuance of the provisions of this article. Ohio, 439. the original grants or appropriations. Ohio, 438. 
 27 
 
106 
 
 1 S 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, 
 
 2 Comptroller, Treasurer, Attorney-General, and State Engineer and Surveyor, 
 
 3 shall be the Commissioners of the Land OflSce. The Lieutenant-Governor, 
 
 4 Secretary of State, Comptroller, Treasurer, and Attorney-General, shall be 
 
 5 the commissioners of the Canal Fund. The Canal Board shall consist of the 
 
 6 Commissioners of the Canal Fund, the State Engineer aijd Surveyor, and the 
 
 7 Canal Commissioners. 
 
 1 § 6, The powers and duties of the respective boards, and of the several 
 
 2 officers in this article mentioned, shall be such as now are or hereafter may be 
 
 3 prescribed by law. 
 
 1 S 7. The Treasurer may be suspended from office by the Governor, during 
 
 2 the recess of the Legislature, and until thirty days after the commencement 
 
 3 of the next session of the Legislature, whenever it shall appear to him that 
 
 4 such Treasurer has, in any particular, violated his duty. The Governor shall 
 
 5 appoint a competent person to discharge the duties of the office, during such 
 
 6 suspension of the Treasurer. 
 
 1 S 8. All offices for the weighing, gauging, measuring, culling or inspecting 
 
 2 any merchandise, produce, manufactui;e or commodity whatever, are hereby 
 
 3 abolished, and no such office shall hereafter be created by law ; but nothing 
 
 4 in this section contained, shall abrogate any office created for the purpose of 
 
 5 protecting the public health or the interests of the State in its property, reve- 
 
 6 nue, tolls or purchases, or of supplying the people with correct standards of 
 
 7 weights and measures, or shall prevent the creation of any office for such pur- 
 
 8 poses hereafter. 
 
107 
 AETIOLE VI. 
 
 1 Section 1. The Assembly shall have the power of impeachment, by the 
 
 2 vote of the majority of all the members elected. The court for the trial of 
 
 3 impeachments shall be composed of the President of the Senate, the Senators, 
 
 4 or a major part of them, and the Judges of the Court of Appeals, or the 
 
 5 major part of them. On the trial of an impeachment against the Governor, 
 
 6 the Lieutenant-Governor shall not act as a member of the court. No judicial 
 
 7 officer shall exercise his office after he shall have been impeached, until he 
 
 8 shall have been acquitted. Before the trial of an impeachment, the members 
 
 9 of the court shall take an oath or affirmation truly and impartially to try the 
 
 10 impeachment according to evidence, and no person shall be convicted without 
 
 11 the concurrence of two-thirds of the members present. Judgment in cases 
 
 12 of impeachment shall not extend further than to removal from office, or re- 
 
 13 moval from office and disqualification to hold and enjoy any office of honor, 
 
 14 trust or profit under this State ; but the party impeached shall be liable to 
 
 15 indictment and punishment according to law. 
 
 IMPEACHMENT. 
 
 — A court shall be instituted, for the trial of impeach- 
 ments and the correction of errors, under the regu- 
 lations which shall be established by the Legislature ; 
 and to consist of the President of the Senate, for 
 the time being, and the Senators, Chancellor, and 
 Judges of the Supreme Court, or the major part of 
 them ; except that when an impeachment, shall 
 be prosecuted against the Chancellor, or either of 
 the Judges of the Supreme Court, the person, so 
 impeached, shall be suspended from exercising his 
 office, until his acquittal ; and, in like manner, when 
 an appeal, from a decree in equity, shall be heard, 
 the Chancellor shall inform the court, of the reasons 
 of his decree, but shall not have a voice in the final 
 sentence. And if the cause to be determined, shall 
 be brought up by a writ of error, on a question of 
 law, on a judgment in the Supreme Court, the judges 
 of that court shall assign the reasons of such their 
 judgment, but shall not have a voice for its affirmance 
 or reversal. N. T. (1777), 31. 
 
 — The power of impeaching all officers of the State, 
 for mal and corrupt conduct in their respective offices, 
 be vested in the representatives of the people in As- 
 sembly; but that it shall always be necessary that 
 two-third parts of the members present shall consent 
 to and agree in such impeachment. That previous to 
 the trial of every impeachment, the members of the 
 said court shall respectively be sworn, truly and im- 
 partially to try and determine the charge in question, 
 according to evidence ; and that no judgment of the 
 said court shall be valid unless it be assented to by 
 two-third parts of the members then present ; nor 
 shall it extend farther, than to removal from office, 
 and disqualification to hold and enjoy any place of 
 honor, trust, or profit, under this State. But the 
 party so convicted shall be, nevertheless, liable and 
 subject to indictment, trial, judgment and punish- 
 ment, according to the laws of the land. N. T. 
 (1777), 31. 
 
 ■—And it is further ordained, that in every trial on 
 impeachment, or indictment for crimes or misde- 
 meanors, the party impeached or indicted, shall be 
 allowed counsel, as in civil actions. N. IK (1777), 31. 
 — The court for the trial of impeachments, and the 
 correction of errors, shall consist of the President of 
 the Senate, the Senators, the Chancellor, and the 
 justices of the Supreme Court, or the major part of 
 them : but when an impeachment shall be prosecuted 
 against the Chancellor, or any justice of the Supreme 
 Court, the person so impeached shall be suspended 
 from exercising his office until his acquittal, and 
 when an appeal from a decree in chancery shall be 
 heard, the Chancellor shall inform the court of the 
 reasons of his decree, but shall have no voice in the 
 final sentence; and when a writ of error shall be 
 brought on a judgment of the Supreme Court, the 
 justices of that court .shall assign the reasons for their 
 judgment, but shall not have a voice for its affirm- 
 ance or reversal. N. Y. (1821), 40. 
 — The Assembly shall have the power of impeaching 
 all civil officers of this State for mal and corrupt con- 
 duct in office, and for high crimes and misdemeanors; 
 but a majority of all the members elected shall con- 
 cur in an impeachment. Before the trial of an im- 
 peachment the members of the court shall take an 
 oath or affirmation truly and impartially to try and 
 determine the charge in question, according to evi- 
 dence; and no person shall be convicted, without the 
 concurrence of two-thirds of the member.s present. 
 Judgment in cases of impeachment, shall not extend 
 farther than the removal from office and disqualifica- 
 tion to hold and enjoy any office of honor, trust or 
 profit, under this State; but the party convicted shall 
 be liable to indictment and punishment, according to 
 law. N. T. (1821), 40. 
 
 — The House of Representatives shall have the sole 
 power of preferring impeachments; all impeachments 
 shall be tried by the Senate; the Senators, when 
 sitting for that purpose, shall be on oath or affirma- 
 tion ; and no person shall be convicted under an 
 impeachment without the concurrence of two-thirds 
 
108 
 
 of the Senators present. Ah., 76; (nearly similar), 
 Cal, 98; Ct., 113; Del, 121; Iowa, 186; Kan., 200; 
 Mo., 360; Neb., 373; OAio, 434. 
 — All civil officers of the State, whether elected by 
 the people or by the General Assembly, or appointed 
 by the Governor, shall be liable to impeachment for 
 any misdemeanor in office; but judgment in such 
 cases shall not extend further, than removal from 
 office, and disqualification to hold any office of honor, 
 trust or profit under the State ; but the parly con- 
 victed shall, nevertheless, be liable and subject to 
 indictment, trial and punishment according to law. 
 AJa., 81. 
 
 — The Governor, Lieutenant-Governor, Secretary of 
 State, Auditor, Treasurer, and all Judges of the 
 Supreme, Circuit and inferior Courts of law and 
 equity, and the prosecuting attorneys for the State, 
 shall be lif,ble to impeachment for any malpractice or 
 misdemeanor in office, but judgment in such cases 
 shall not extend further than removal from office, 
 and disqualification to hold any office of trust or profit 
 under this State. The party impeached, whether 
 convicted or acquitted, shall nevertheless be liable to 
 be indicted, tried and punished according to law. 
 Ark., 87 ; (nearly similar), Cal, 98 ; Mo., 359. 
 — The House of Representatives shall have the sole 
 power of impeachment, and all impeachments shall 
 be tried by the Senate; and when setting for that 
 purpose, the Senators shall be on oath or affirmation 
 to do justice according to law and evidence. When 
 the Governor shall be tried, the Chief Justice of the 
 Supreme Court shall preside, and no person shall be 
 convicted without the concurrence of two-thirds of 
 all the Senators elected; and for reasonable cause 
 which shall not be sufficient ground for impeachment, 
 the Governor shall, on the joint address of two-thirds 
 of each branch of the Legislature, remove from office 
 the Judges of the Supreme and inferior Courts; Pro- 
 vided, The cause or causes of removal be spread on 
 the journals, and the party charged be notified of the 
 same, and heard by himself and counsel before the 
 vote is finally taken and decided. Ark., 87. 
 — The Governor and all other executive and judicial 
 officers shall be liable to impeachment; but judg- 
 ment 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 State. The 
 party convicted shall nevertheless be liable and sub- 
 ject to indictment, trial and punishment according 
 to law. Ct, 113; Del, 121; Fl, 136; III, 153; 
 Kan., 200 ; Ky., 218; Miss., 342; 0«o, 434; R. I., 
 480. 
 
 — When the Governor is impeached the Chief Justice 
 shall preside. [Ct, 113J; but have no vote thereon. 
 N. H., 405. 
 
 — The power of impeachment shall be vested in the 
 House of Representatives. FJ., 136; La., 'IZI. 
 — All impeachments shall be tried by the Senate; 
 when sitting for that purpose the Senators shall be 
 upon oath or affirmation ; and no person shall be con- 
 victed without the concurrence of two-thirds of the 
 members present. Fl, 136; Oa., 144; Ky., 218; 
 ■Me., 243; Miss., 342; Pa., 464; S. C, 487; Tex., 
 518; R, 529. 
 
 — Judgment in cases of impeachment, shall not ex- 
 tend further than removal from office, and disqualifi- 
 cation to hold and enjoy any office of honor,- profit 
 or trust, within this State; but the party canvicted 
 shall, nevertheless, be liable and subject to indict- 
 ment, trial, judgment and punishment according to 
 law. Oa., 144; La., 232; Me., 243; N. H., 405; 
 N. J., 419; N. a, 429: Pa., 464; Tex., 518; Vt, 
 629; W.Va., 548; Wis., 565. 
 
 — The House of Representatives shall have the sole 
 power of impeaching; but a majority of all the mem- 
 bers elected, must concur in an impeachment. All 
 impeachments shall be tried by the Senate; and 
 when sitting for that purpose, the Senators shall be 
 upon oath, or affirmation, to do justice according to 
 law and evidence. No person shall be convicted 
 without the concurrence of two-thirds of the Sena- 
 tors elected. Ill, 153. 
 
 — The Governor and all other civil officers shall be 
 liable to impeachment for misdemeanor in office dur- 
 ing their continuance in office, and for two years 
 thereafter. //?., 159; K J., 416. 
 — All State officers shall, for crime, incapacity, or 
 negligence, be liable to be removed from office, either 
 by impeachment by the House of Representative.", to 
 be tried by the Senate, or by a joint resolution of the 
 General Assembly, two-thirds of the members elected 
 to each branch voting in either case therefor. Ind., 
 176. 
 
 — All State, county, township, and town officers may 
 be impeached or removed from the office in such man- 
 ner as may be prescribed by law. Ind., 176. 
 — The Governor, Judges of the Supreme and District 
 Courts, and other State officers, shall be liable to im- 
 peachment for any misdemeanor or malfeasance in 
 office ; but judgment in such cases shall extend only 
 to removal from office, .ind disqualification to hold any 
 office of honor, trust or profit under this State; but 
 the party convicted or acquitted shall, nevertheless, 
 be liable to indictment, trial and punishment accord- 
 ing to law. All other civil officers shall be tried for 
 misdemeanors and malfeasance in office, in such man- 
 ner as the General Assembly may provide. Iowa, 187. 
 — The judges of all courts shall be liable to impeach- 
 ment ; but for any reasonable cause, which shall not 
 be sufficient ground for impeachment, the Governor 
 shall remove any of them, on the address of a major- 
 ity of the members elected to each House of the 
 General Assembly. In every such case the cause or 
 causes for which such removal may be required shall 
 be stated at length in the address, and inserted in the 
 journal of each House. La., 232. 
 — Impeachments of the- Governor, Lieutenant-Gov- 
 ernor, Attorney-General, Secretary of State, State 
 Treasurer, Auditor of Public Accounts, and the 
 Judges of the Inferior Courts, Justices of the Peace 
 excepted, shall be tried by the Senate ; the Chief 
 Justice of the Supreme Court, or the senior judge 
 thereof, shall preside during the trial of such impeach- 
 ment. Impeachments of the Judges of the Supreme 
 Court shall be tried by tlie Senate. When sitting as 
 a court of impeachment, the Senators shall be upon 
 oath or affirmation, and no person shall be convicted 
 without the concurrence of a majority of the Senators 
 elected. La., 233. 
 
 — The House of Representatives shall have the sole 
 pow«r of impeachment. Ky., 218; Me 242; Miss., 
 342 ; Pa., 464 ; P. I, 480 ; Tenn., 495. 
 — They [the House] shall have the sole power to 
 impeach all persons who have been or may be in 
 office. Oa., 145. 
 
 — All officers against whom articles of impeachment 
 may be preferred shall be suspended from the exer- 
 cise of their functions during the pendency of such 
 impeachment; the appointing power may make a 
 provisional appointment to replace any suspended 
 officer until the decision of tlje impeachment La., 
 232; Tex,, 518. 
 
 — Every person holding any civil office under this 
 State may be removed, by impeachment, for misde- 
 meanor in office ; and every person holding any office 
 may be removed by the Governor, with the advice 
 of the Council, on the address of both branches of 
 the Legislature. But, before such address shall pass 
 either House, the causes of removal shall be stated 
 and entered on the journal of the House in which it 
 originated, and a copy thereof served on the person 
 in office, that he may be admitted to a hearing in 
 his defense. Me.. 247. 
 
 — The House of Delegates shall have the sole power 
 of impeachment in all cases, but a majority of all the 
 members elected must concur in an impeachment; 
 all impeachments shall be tried by the Senate, and 
 when sitting for that purpose, the Senators shall be 
 on oath or affirmation to do justice according to the 
 law and evidence, but no person shall be convicted 
 without the concurrence of two-thirds of all the 
 Senators elected. Md., 262. 
 
 —The House of Representatives shall be the grand 
 inquest of this Commonwealth ; and all impeach- 
 
109 
 
 merits made by tliem slmll be heard and tried by the 
 Senate. Mass., 286 ; N. H., 403. 
 — The Senate shall be a court, with full authority to 
 hear and determine all impeachments made by the 
 House of Representatives, against any officer or offi- 
 cers of the Commonwealth, for misconduct and mal- 
 administration in tlieir offices ; but previous to the 
 trial of every impeachment, the members of the Senate 
 shall, respectively, be sworn truly and impartially to 
 try and determine the charge in question, according 
 to evidence. Their judgment, however, shall not 
 extend further than to removal from office, and dis- 
 qualification to hold or enjoy any place of honor, 
 trust or profit, under this Commonwealth ; but the 
 party so convicted shall be, nevertheless, liable to 
 indictment, trial, judgment and punishment, accord- 
 ing to the laws of the land. Mass., 285. 
 ; — The House of Representatives shall have the sole 
 power of impeaching civil officers for corrupt con- 
 duct in office, or for crimes or misdemeanors ; but a 
 majori:y of the members elected shall be necessary 
 to direct an impeachment. Mich., 309. 
 — ^Bvery impeachment shall be tried by the Senate. 
 When the Grovernor or Lieutenant-Governor is tiied, 
 the Chief Justice of the Supreme Court shall preside. 
 When an impeachment is directed, the Senate shall 
 take an oath or affirmation truly and impartially to 
 try and determine the same according to the evidence. 
 No person shall be convicted without the concurrence 
 of two-thirds of the members elected. Judgment in 
 case of impeachment, shall not extend further than 
 removal from office; but the party convicted shall be 
 liable to punishment according to law. Mich., 310. 
 — When an impeachment is directed, the House of 
 Representatives shall elect from their own body three 
 members, whose duty it shall be to prosecute such 
 impeachment. No impeachment shall be tried until 
 the final adjournment of the Legislature, when the 
 Senate shall proceed to try the same. Mich., 310 ; 
 Term., 495. 
 
 — No Judicial officer shall exercise his office after an 
 impeachment is directed, until he is acquitted. Mich., 
 310. 
 
 — The Q-overnor may make a provisional appoint- 
 ment to fill a vacancy occasioned by the suspension 
 of an officer until he shall be acquitted, or until after 
 the election and qualification of a successor. Mich., 
 310. 
 
 ■ — For reasonable cause, which shall not be sufficient 
 ground for the impeachment of a judge, the Grov- 
 ernor shall remove him on a concurrent resolution of 
 two-thirds of the members elected to each House 
 of the Legislature ; but the cause for which such 
 removal is requi'^ed shall be stated at length in such 
 resolution. Mich., 310. 
 
 — The House of Representatives shall have the sole 
 power of impeachment, through a concurrence of a 
 iriajority of all the members elected to seats therein. 
 All impeachments shall be tried by the Senate; and 
 when sitting for that purpose, the Senators shall be 
 upon oath or affirmation to do justice according to 
 law and evidence. No person shall be convicted 
 without the concurrence of two-thirds of the mem- 
 bers present. Min., 322. 
 
 — The Governor, Secretary of State, Treasurer, 
 Auditor, Attorney-General, and the Judges of the 
 Supreme and District Courts, may be impeached for 
 corrupt conduct in office, or for crimes and misde- 
 meanors ; but judgment in such case sliall not extend 
 further than removal from office and disqualification 
 to hold and enjoy any office of honor, trust or profit 
 in this State. The party convicted thereof shall 
 nevertheless be liable and subject to indictaaent, trial, 
 iuda^ment, and punishment according to law. Min., 
 3291 Xeh., 373. 
 
 No officer sliall exercise the duties of his office after 
 
 he shall have been impeached, and before his acquit- 
 tal. Min., 329. 
 
 — On the trial of an impeachment against the Gov- 
 ernor, the Lieutenant-Governor shall not act as a 
 member of the court. Mm., 329. 
 — No person shall be tried on impeachment before he 
 28 
 
 shall have been .served willi a C"pv ilierpof at least 
 twenty days previous to the day set lor trial. Min.. 
 329. 
 
 —The Assembly shall have the sole power of im- 
 peachment. The concurrence of a majority of all the 
 members elected shall be necessary to an impeach- 
 ment. All impeachments shall be tried by the Senate, 
 and when sitting for that purpose, the Senators shall 
 be upon oath or affirmation to do justice according to 
 law and evidence. The Chief Justice of the Supreme 
 Court shall preside over the Senate while sitting to 
 try the Governor or Lieutenant-Governor upon im- 
 peachment. No person shall be convicted without 
 the concurrence of two-thirds of the Senators elected. 
 Nev., 388. 
 
 — The Governor and other State and judicial officers, 
 except Justices of the Peace, shall be liable to im- 
 peachment for misdemeanor or malfeasance in office, 
 but judgment in such case shall not extend further 
 than removal from office and disqualification to hold 
 any office of honor, profit, or trust under this State. 
 The party whether convicted or acquitted, shall nev- 
 ertheless be liable to indictment, trial, judgment, and 
 jiunishment according to law. Neo., 388. 
 — The Senate shall be a court, with full power and 
 authority to hear, try and determine all impeachments 
 made by the House of Representatives against any 
 officer or officers of the State for bribery, corruption, 
 mal-practice or mal-administration in office; with 
 full power to issue summons or compulsory process, 
 convening witnesses before them ; but previous to 
 the trial of any such impeachment, the members of 
 the Senate shall respectively be sworn, truly and im- 
 partially to try and determine the charge in question 
 ■ according to evidence. And every officer impeached 
 for bribery, corruption, mal-praoiice or mal-adminis- 
 tration in office shall be served with an attested copy 
 of the impeachment and order of the Senate thereon, 
 with such citation as the Senate may direct, setting 
 forth the time and place of their sitting to try the 
 impeachment; which service shall be made by the 
 Sheriff, or such other sworn officer as the Senate may 
 appoint, at least, fourteen days previous to the time 
 of trial ; and such citation being duly served and re- 
 turned, the Senate may proceed in the hearing of the 
 impeachment, giving the person impeached, if he 
 shall appear, full liberty of producing witnesses and 
 proofs, and of making his defense by himself and 
 counsel; and may, also, upon his refusing or neglect- 
 ing to appear, hear the proofs in support of the im- 
 peachment, and render judgment thereon, his non- 
 appearance notwithstanding ; and such judgment 
 shall have the same force and effect as if the person 
 impeached had appeared and pleaded in the trial. 
 N. H., 404. 
 
 — The members of the Council may be impeached by 
 the House and tried by the Senate for bribery, cor- 
 ruption, mal-practice or mal-administration. N. H., 
 407. 
 
 — Provided, nevertheless. That whenever they [the 
 Senate] shall sit on the trial of any impeacliment, 
 they may adjourn to such time and place as they may 
 think proper, although the Legislature be not assem- 
 bled on such day or at such place. N. H., 404. 
 — Any judicial officer impeached shall be suspended 
 from exercising his office until his acquittal. N. J., 
 417. ■ 
 
 ' — The House of Assembly shall have the sole power 
 of impeaching, by a vote Of a majority of all the 
 members; and all impeachments shall be tried by 
 the Senate; the members when sitting for that pur- 
 pose to be on oath or affirmation " truly and impar- 
 tially to try and determine the charge in question 
 according to evidence; " and no person shall be con- 
 victed without the cnncurronce of two-thirds of all 
 the members of the Senate. N. J., 417. 
 — The House of Commons shall, have the sole power 
 of impeachment. The Senate shall have the sole 
 power to try all impeachments. No person shall be 
 convicted upon any impeachment, unless two-thirds 
 of the Senators present shall concur in snch con- 
 viction ; and bfcfore the trial of any impeachment, 
 
110 
 
 1 §2. There shall be a Court of Appeals, composed of eight judges, of whom 
 
 2 four shall be elected by the electors of the State for eight years, and four 
 
 3 selected from the class of Justices of the Supreme Court having the shortest 
 
 4 time to serve. Provision shall be made by law for designating one of the 
 
 5 number elected as Chief Judge, and for selecting such Justices of the Supreme 
 
 6 Court, from time to time, and for so classifying those selected, that one shall 
 
 7 be elected every second year. 
 
 the members of the Senate shall take' an oath or 
 affii-mation truly and impartially to try and determine 
 the charge in question, according to evidence. N. C, 
 429. 
 
 — The Governor, Judges of the Supreme Court, and 
 Judges of the Superior Courts, and all other officers 
 of this State (except Justices of the Peace and militia 
 officers), may be impeached for willfully violating any 
 article of the Constitution, nial-administration or cor- 
 ruption. N. C, 429. 
 
 — That the G-oveinor and other officers offending 
 against the State, by violating any part of this Con- 
 stitution, maladministration, or corruption, may be 
 prosecuted on the impeachment of the General 
 Assembly, or presentment of the Grand Jury of any 
 court of supreme jurisdiction in this State. i\1 C, 
 425. 
 
 — Public officers shall not be impeached ; but incom- 
 petency, corruption, mfilfeasance, or delinquency in 
 office may be tried in the same manner as criminal 
 offenses, and judgment may be given of dismissal 
 from office, and such further punishment as may have 
 been prescribed by law. Or., 455. 
 — The Governor, and all other civil officers under this 
 Commonwealth, shall be liable to impeachment for 
 any misdemeanor in office. J'a., 464. 
 — A vote of two-thirds of all the members elected 
 shall be required for an impeachment of the Gover- 
 nor. Any officer impeached shall thereby be sus- 
 pended fiora office until judgment in the case shall 
 have been pronounced. R. I., 480. 
 — All inipeachments shall be tried by the Senate ; and 
 when sitting for that purpose, they shall be under 
 oath 01' affirmation. No person shall be convicted 
 except by vote of two-thirds of .the members elected. 
 When the Governor is impeached, the Chief or Pre- 
 siding Justice of the Supreme Court for the time 
 being, shall preside, with a casting vote in all prelim- 
 inary questions. R. I., 480. 
 
 — Tlie Governor, Lieutenant-Governor and all civil 
 officers shall be liable to impeachment for high crimes 
 and mi.silemeanors, for any misbehavior in office, for 
 corruption in procuring office, or for any act wliioh 
 shall degrade their official character. But judgment 
 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 State. The party 
 convicted shall, nevertheless, be liable to indictment, 
 trial, judgment and punishment according to law. 
 S. C, 487. 
 
 — The House of Representatives shall have the sole 
 power of impeaching, but no impeachment shall be 
 made unless with the concurrence of two-thirds of 
 the House of Representatives. S. C, 487. 
 — All impeachments shall be tried by the Senate; 
 when sitting for that pui-pose, the Senators shall be 
 upon oath or affirmation. No person shall be con- 
 victed without the concurrence of two-thirds of the 
 Senators sworn to try the officer impeached. Tenn., 
 495. 
 
 — The Governor, Judges of the Supreme Court, 
 Judgi-s of Inferior Courts, Chancellors, Attorneys for 
 the State, and Secretary of State, shall be liable to 
 impeachment, whenever they may, in the opinion of 
 the House of Representatives, commit any crime in 
 
 their official capacity, which may require disqualifi- 
 cation; but judgment .<hall only extend to removal 
 h'om office and disqualification to fill any office there- 
 after. The party shall', nevertheles.?, be liable to 
 indictment, trial, judgment, and punishment, accord- 
 ing to law. Tenn., 496. 
 
 — Impeachments of the Governor, Lieutenant-Gov- 
 ernor, Attorney-General, Secretary of State, Treas- 
 urer, Controller, and of the Judges of the District 
 Court, .shall be tried by the Senate. Tex., 518. 
 — Impeachment of Judges of the Supreme Court 
 shall be tried by the Senate ; when sitting as a Court 
 of Impeachment, the Senators shall be upon oath or 
 affirmation ; and no person shall be convicted without 
 the concurrence of two-thirds of the Senators present. 
 Tex., 518. 
 
 — The Governor, Lieutenant-Governor, Judges and 
 all others offending against the State by mal-adminis- 
 tration, corruption, neglect of duty or other high 
 crime or misdemeanor, shall be impeachable by the 
 House of Delegates, and be prosecuted before the 
 Senate, which shall have the sole power to try im- 
 peachment*. Va., 537. 
 
 — Every officer of State, whether judicial or execu- 
 tive, shall be liable to be impeached by the General 
 Assembly, either when in office or after his resigna- 
 tion or removal for mal-administration. Vt.j 529. 
 
 [The right to impeach State criminals is enumer- 
 ated among the powers of the House.] Vi., 523. 
 — The Senate may sit during the recess of the Legis- 
 lature for the trial of impeachments. W. Va., 548. 
 ' — Any officer of the State may be impeached for mal- 
 administration, corruption, incompetence, neglect of 
 duty, or any high crime or misdemeanor. The House 
 of Delegates shall have the sole power of impeach- 
 ment. The Senate shall have the sole power to try 
 impeachments. When sitting for that purpose, the 
 Senators shall be on oath or affirmation; and no per- 
 son shall be convicted without the concurrence of 
 two-thirds of tlie members present. W. Va., 548. 
 — The court for the trial of impeachments shall be 
 composed of the Senate. The House of Representa- 
 tives shall have the power of impeaching all civil 
 officers of this State for corrupt conduct in office, or 
 for crimes and misdemeanors; but a majority of all 
 the members elected shall concur in an impeachment. 
 On the trial of an impeachment against the Gov- 
 ernor, the Lieutenant-Governor shall not act as a 
 member of the court. No judicial officer shall exer- 
 cise his office after he shall have been impeached, 
 until his acquittal Before the trial of an impeach- 
 ment, the members of the court shall take an oath or 
 affirmation truly and impartially to try the impeach- 
 ment according to evidence; and no person shall be 
 convicted without the concurrence of t,wo-thirds of 
 the members present. Wis., 565. 
 
 JUDICIAL POWER— HOW VESTED. 
 
 — The judicial power of this State shall be vested in 
 one Supreme Court, Circuit Courts to be held in each 
 county of the Slate, and suih inferior courts of law 
 and equity, to consist of not more than five members 
 as the General Assembly may. from time to time, 
 direct, ordain and establish. Ah., 80. 
 
Ill 
 
 — The judicial power of this State shall be vested in 
 one Supreme Court, in Circuit Courts, in County 
 Courts, and in Justices of the Pea<;e. The General 
 Assembly may also vest such jurisdiction as may be 
 deemed necessary in Corporation Courts, and when 
 they deem it expedient, may estabUsh Courts of 
 Cliancery. ArJc, 80. 
 
 — The judicial power of this State shall be vested in 
 a Supreme Court, in District Courts, in County Courts, 
 in Probate Courts, and in Justices of the Peace, and 
 in such Recorders' and other inferior courts as the 
 Legislature may establish in any incorporated city or 
 town. Cal, (as amended in 1862). 
 — The judicial povcer of the State shall be vested in 
 a Supreme Court of Errors, a Superior Court, and 
 such Inferior Courts as the General Assembly shall, 
 fiom time to time, ordain and establish, the powers 
 and jurisdiction of which courts shall be defined by 
 law. Ct., 111. 
 
 — Tlie judicial power of this State shall be vested in 
 a Court of Errors and Appeals, a Superior Court, a 
 Court of Chancery, an Orphan's Court, a Court of 
 Oyer and Terminer, a Court of General Sessions of 
 the Peace and Jail Delivery, a Register's Court, Jus- 
 tices of the Peace, and such other courts as the 
 General Assembly, with the concurrence of two- 
 thirds of all the members of both Houses shall from 
 time to time establish. Del, 121. 
 — To compose the said courts there shall be five 
 Judges in the State. One of them shall be Chancel- 
 lor of the State ; he shall also be President of the 
 Orphan's Court; he may be appointed in any part of 
 the State. The other four Judges shall compose the 
 Superior Court, the Court of Oyer and Terminer, and 
 the Court of General Sessions of the Peace and Jail 
 Delivery, as hereinafter prescribed. One of them 
 shall be Chief Justice of the State, and may be 
 appointed in any part of it. The other tliree Judges 
 shall be Associate Judges, and one of them shall 
 reside in each county. Del, 121. 
 — The judicial power of this State, both as to matters 
 of law and equity, shall be vested in a Supreme Court, 
 Courts of Chancery, Circuit Courts, and Justices of 
 the Peace, provided the General Assembly may also 
 vest such civil or criminal jurisdiction as may be 
 necessary in Corporation Courts, and such other 
 courts as the General Assembly may establish : but 
 such jurisdiction shall not extend to criminal cases. 
 Fl, 133. 
 
 — T'he judicial powers of this State shall be vested in 
 a Supreme Court for the Correction of Errors, a Supe- 
 rior, Inferior, Ordinary and Justices' Court, and in 
 such other courts as have been, or may be, established 
 by law. Oa., 148. 
 
 — The judicial power of this State shall be, and is 
 hereby ve.sted in one Supreme Court, in Circuit 
 Courts, in County Courts and in Justices of the Peace; 
 Provided, That mferior local courts, of civil and oiim- 
 inal jurisdiction, may be established by the General 
 Assembly in the cities of this State, but such courts 
 shall have a unifoi'm organization and jurisdiction in 
 such cities. lU., 159. 
 
 — The judicial power of the State shall be vested in a 
 Supreme Court, in Cir-cuit Courts and in such inferior 
 courts as the Genei'al Assembly may establish. Ind.,l7S. 
 — The judicial power shall be vested in a Supreme 
 Court, District Courts and such other courts, inferior 
 to the Supi-eme Court, as the General Assembly may 
 from time to time establish. Iowa, 189. 
 — The judicial power of this State shall be vested in 
 a Supreme Court, District Courts, Probate Courts, 
 Justices of the Peace and such other courts, inferior 
 to the Supr-etrle Court, as may be provided by law; 
 and all Courts of Record shall have a seal to be used 
 in the authentication of all process. Kan., 200. 
 — The judicial power of this Commonwealth, both as 
 to mattei's of law and equity, shall be vested in one 
 Supreme Court (to be styled the Cour-t of Appeals), 
 the courts established by this Constitution, and such 
 cour-ts, inferior to the Supreme Court, as the General 
 Assembly may, from time to time, erect and estab- 
 lish. Ky., 2li 
 
 — The judiciary power shall be vested in a Supreme 
 Court, in such inferior courts as the Legis1atur-e may, 
 from time to time, order and establish, and in Justices 
 of the Peace, ice., 231. 
 
 — The judicial power of this State shall be vested in 
 a Supreme Judicial Court, and such other courts as 
 the Legislature shall, from time to time, establish. 
 Me., 246. 
 
 — The judicial power of this State shall be vested in a 
 Court of Appeals, Circuit Courts, Orphans' Courts, 
 such Courts for the city of Baltimore as may be here- 
 inafter prescribed or- provided for, and Justices of the 
 Peace; all said Cour-ts shall be Courts of Record, and 
 each shall have a seal, to be used in the authentica- 
 tion of all process issuing from them. The process 
 and of&cial character of justices of the Peace shall 
 be authenticated as hath heretofore been practiced in 
 tliis State, or may hereafter be prescribed by law. 
 Md., 265. 
 
 —The judicial power is vested in one Supreme Court, 
 in Circuit Courts, in Probate Courts, and irr Justices 
 of the Peace. Municipal courts of civil and ciinrinal 
 jurisdiction may be established by the Legislature in 
 cities. Mich., 305. 
 
 — The judicial power of the State shall be vested in a 
 Supreme Court, District Courts, Courts of Probate, 
 Justices of the Peace, and such other courts, inferior 
 to the Supreme Court, as the Legislature may from 
 timi^ to time establish by a two-third vote. Min., 324. 
 —The judicial power of this State shall be vested in 
 one High Court of Err-ors and Appeals, and such 
 other courts of law and equity as are hereinafter 
 provided for in this Constitution. Miss., 338. 
 — Tlie judicial power-, as to mattei-s of law and equity, 
 shall be vested in a Supreme Court, in District Courts, 
 in Circuit Courts, and in such inferior tribunals as the 
 General Asserubly may, from time to time, establish. 
 Mo., 357. 
 
 — The judicial power of the State shall be vested in a 
 Supreme Court, District Courts, Probate Courts, Just 
 tices of the Peace, and such inferior courts as the 
 Leafislature may from time to time establish. Neb., 
 375. 
 
 — The judicial power of this State shall be vested in a 
 Supreme Court, Distr-iot Courts, and in Justices of the 
 Peace. The Legislature may also establish courts for 
 municipal purposes only, in incorporated cities and 
 towns. Nev., 386. 
 
 — The judicial power shall be vested in a Court of 
 Error's and Appeals in the last resor-t in all causes, as 
 heretofore ; a Court for the trial of Impeachments, a 
 Court of Chancery, a Prer-ogative Court, a Supi-eme 
 Court, Circuit Courts, and such inferior courts as now 
 exist, and as may be hereafter ordained and estab- 
 lished by law; vi'hich inferior courts the Legislature 
 may alter or abolish, as the public good shall require. 
 N. J., 417. 
 
 — The judicial power of the State shall be vested in a 
 Supr-eme Court, in District Courts, Courts of Common 
 Pleas, Courts of Probate, Justices of the Peace, and 
 in such other courts, inferior to the Supreme Court, 
 in one or more counties, as the General Assembly 
 may from time to time establish. Ohio., 436. 
 — The judicial power of the State shall be vested in a 
 Supreme Court, Circuit Courts, and County Courts, 
 which shall be courts of record, having general juris- 
 diction, to be defined, limited, and regulated by law, 
 in accordance with this Constitution. Justices of the 
 Peace may also be invested with hmited judicial 
 powers, and Municipal Courts may be created to 
 administer the regulations of incorporated towns and 
 cities. Or., 454. 
 
 — The judicial power of this Commonwealth shall 
 be vested in a Supreme Court, in Courts of Oyer 
 and Terminer and Gener-al Jail Delivery, in a Court 
 of Common Pleas, Orphans' Court, Register's Court, 
 and a Court of Quarter Sessions of the Peace, for 
 each county; in Justices of the Peace and in such 
 other courts as the Legislature may fr-om time to 
 time estabhsh. Pa., 464. 
 
 ^-The judicial power of this State shall be vested in 
 one Supreme Court, and in- such -inferior courts as 
 
112 
 
 the General Assembly may, from time to time, or- 
 dain and establish. R. I., 479. 
 — Tlie Judicial power shall be vested in such Supe- 
 rior and Inferior Courts of Law and Equity as the 
 General Assembly shall, from time to time direct and 
 establish. S. C, 486. 
 
 — ^The Judges shall meet and sit at Columbia, at such 
 time as the General Assembly may by act prescribe, 
 for the purpose of hearing and determining all mo- 
 tions for new trials and in arrest of judgment, and 
 such points of law as may be submitted to t)iem; and 
 the General Assembly may by act appoint such other 
 places, for such meetings as in their discretion may 
 seem fit. S. C, 486. 
 
 —The Judicial power of this State shall be vested in 
 one Supreme Court, in such Inferior Courts as the 
 Legislature shall, from time to time, ordain and estab- 
 lish, and the Judges thereof, and in Justices of the 
 Peace. The Legislature may also vest such jurisdiction 
 as may be deemed necessary in Corporation Courts. 
 Teim., 495. 
 
 ■ — The judicial power of this State, shall b3 vested in 
 one Supreme Court, in District Courts, in County 
 Courts, and in such Corporation Courts, and other 
 inferior courts or tribunals as the Legislature may 
 from time to time ordain and establish. The Legis- 
 lature may establish criminal courts, in the principal 
 cities within this State, with such criminal jurisdic- 
 tion, co-extensive with the limits of the county 
 wherein such city may be situated and under such 
 regulations as may be prescribed by law, and the 
 judge therein, may preside over the courts of one or 
 more cities, as tlie Legislature may direct. Tex., 510. 
 — Tliere shall be a Supreme Court of Appeal's, Dis- 
 trict Courts, and Circuit Courts. The jurisdiction of 
 these tribunals and of the judges tliereof, except so 
 far as the same is conferred by this Constitution, shall 
 be regulated by law. Tlie judges shall be chosen by 
 tlie joint vote of the two Houses of the General 
 Assembly, from persons nominated by the Governor. 
 Va., 541. 
 
 — Tlie judicial power of the State shall be vested in a 
 Supreme Court of Appeals and Circuit Courts, and 
 such inferior tribunals as are herein authorized. W. 
 Ya., 552. 
 
 — The judicial power of this State, both as to matters 
 of law and equity, shall be vested in a Supreme 
 Coui't, Circuit Courts, Courts of Probate, and Jus- 
 tices of the Peace. The Legislature may also vest 
 such jurisdiction as shall be deemed necessary in 
 Municipal Courts, and shall have power to establish 
 inferior courts in the several counties, with limited 
 civil and criminal jurisdiction ; Provided. Tliat the 
 jurisdiction which may be vested in Municipal Courts 
 shall not exceed in their respective municipalities, 
 that of Circuit Courts, in their respective circuits, as 
 prescribed in this Constitution ; and that the Legis- 
 lature shall provide as well for the election of Judges 
 of the Municipal Courts as of the judges of inferior 
 courts, by the qualified elector's of the respective 
 jurisdictions. The term of office of the judges of 
 the said municipal and inferior courts shall not be 
 longer than that of the judges of the Circuit Court. 
 Wis., 565. 
 
 COURTS OF EEROR AND OF APPEAL. 
 
 — When the Superior Court consider that a question 
 of law ought to be decided before all the judges, they 
 shall have power, upon the application ol' either party, 
 to direct it to be heard in the Court of Errors and 
 Appeals; and in that case the Chancellor and four 
 judges shall compose the Court of Errors and Appeals, 
 the Chancellor presiding, and any four of them being 
 a quorum; and in the absence of the Chancellor the 
 Chief Justice shall preside. The Superior Court, in 
 exercising this power, may direct a cause to be pro- 
 ceeded into verdict and judgment in that Court or to 
 be otherwise proceeded in, as shall be best for expe- 
 diting justice. Dd., 121. 
 
 — Upon appeal from the Court of Chancery, the Court 
 of Errors and Appeals shall consist of the Chief Jus- 
 tice and three Associate Judges; and any of them 
 shall be a quorum. Del., 122. 
 
 — The Court of Errors and Appeals shall have juris- 
 diction to issue writs of error to the Superior Court, 
 and to receive appeals from the Court of Chancery, 
 and to determine finally all matters in error in the 
 judgments and proceedings of said Superior Court, 
 and all matters of appeal in the interlocutory or final 
 decrees and proceedings in chancery. The Court of 
 Errors and Appeals, upon a writ of error to the 
 Superior Court, shall consist of three judges at least, 
 that is to say, the Chancellor who shall preside, the 
 Associate Judge, who could not, on account of his 
 residence, sit in the cause below, and one of the 
 judges who did sit in the said cause. [The order in 
 which the Judges of Superior Court are to pieside in 
 detail] Del, 121. 
 
 — The Court of Appeals shall have appellate jurisdic- 
 tion 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. Ky., 214. 
 
 — The Judges of the Court of Appeals shall, after their 
 first term, hold their offices for eight years, from and 
 after their election, and until their successors shall be 
 duly quahSed, subject to the conditions hereinafter 
 prescribed; but for any reasonable cause, the Gover- 
 nor 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, which shall not be diminished during the time 
 for which they shall have, been elected. ^ Ky., 214. 
 — The Court of Appeals shall consist of four judges, 
 any three of whom may constitute a court for the 
 transaction of business. The General Assembly, at 
 its first session alter the adoption of this Constitution, 
 shall divide the State, by counties, into four districts, 
 as nearly equal in voting population, and with aa 
 convenient limits as may be, in each of which the 
 qualified voters shall elect one Judge of the Court of 
 Appeals ; Provided, That whenever a vacancy shall 
 occur in said court, from any cause, the General 
 Assembly shall have the power to reduce the number 
 of judges and districte; but in no event shall there be 
 less than three judges and districts. Should a change 
 in the number of the Judges of the Court of Appeals 
 be made, the term of office and number of districts 
 shall be so changed as to preserve the principle of 
 electing one judge every two yeors. Ky., 215. 
 — The Court of Appeals shall hold its sessions at the 
 seat of government unless otherwise directed by law, 
 but the General Assembly may, from time to time, 
 direct that said Court shall hold sessions in any one 
 or more of said districts. Ky., 215. 
 — The General Assembly shall provide for an addi- 
 tional judge or judges, to constitute, with the remain- 
 ing judge or judges, a special court for the trial of 
 such cause or causes as may, at any time be pending 
 in the Court of Appeals, on the trial of which a 
 majority of the judges cannot sit, on account of 
 interest in the event of the cause ; or on account of 
 their relationship to either party ; or when a judge 
 may have been employed in or decided the cause in 
 the Inferior Court. Ky., 216. 
 
 —The Court of Appeals shall consist of a Chief Jus- 
 tice and four Associate Justices, and for their selec- 
 tion the State shall be divided into five judicial dis- 
 tricts; and one of the Justices of the Court of 
 Appeals shall be elected from each of said districts, 
 by the qualified voteis of the whole State. The 
 present Chief Justice and Associate Justices of the 
 Court of Appeals shall continue to act as siioh until the 
 expiration of the term for which they were respectively 
 elected, and until their successors are elected and 
 qualified; and an election for a Justice of the Court 
 of Appeals, to be taken from the fourth judicial dis- 
 
113 
 
 trict, shall be held on the Tuesday next after the first 
 Monday in the month of November, eighteen hun- 
 dred and sixty-four. Md., 267. 
 -—The Court of Appeals shall hold its sessions in the 
 city of Annapolis, on the first Monday in April and 
 the first Monday in October of each and every year, 
 or at such other times as the General Assembly may 
 by law direct, and it shall be competent for the jus- 
 tices of said court, sufficient cause appearing to them, 
 temporarily to transfer their sittings elsewhere. Md., 
 267. 
 
 — The jurisdiction of the Court of Appeals shall be 
 co-extensive with the limits of the State, and such as 
 now is or may hereafter be prescribed for it by law, 
 and its sessions shall continue for not less than ten 
 months in the year, if the business before it shall so 
 require. Md., 267. 
 
 — Any three of the Justices of the Court of Appeals 
 may constitute a quorum, but no cause shall be decided 
 without the concurrence of at least three justices in 
 the decision ; and, in every case decided, an opinion 
 in writing shall be filed within three months after the 
 argument or submission of the cause, and the judg- 
 ment of the court shall be final and conclusive. Md., 
 267. 
 
 — Provision shall be made by law for publishing 
 reports of all causes argued and determined in the 
 Court of Appeals, which the justices shall designate 
 as proper for publication. Md., 267. 
 — The High Court of Errors and Appeals shall consist 
 of three judges, any two of whom shall form a quo- 
 rum. The Legislature shall divide the State into 
 three districts, and the qualified electors of each dis- 
 trict shall elect one of said judges for the term of six 
 year's. Miss., 338. 
 
 — The High Court of Errors and Appeals shall be 
 held at least once in each year, at the seat of govern- 
 ment, and at such other place or places in the State 
 as the Legislature may direct. Miss., 339. 
 — The High Court of Errors and Appeals shall have 
 no jurisdiction, but such as properly belongs to a Court 
 of Errors and Appeals. Miss., 338. 
 — The Clerk of the High Court of Errors and Appeals 
 shall be appointed by the said Court for the terra of 
 four years, and the Clerks of the Circuit, Probate, and 
 other inferior courts, shall be elected by the qualified 
 electors of the respective counties, and shall hold tlieir 
 offices for the term of two years. Miss., 339. 
 — The Court of Errors and Appeals shall consist cf 
 the Chancellor-, the Justices of the Supreme Court, 
 and six judges, or a major part of them ; which judges 
 are to be appointed for six years. N. J., 417. 
 — The Supreme Court of Appeals shall consist of three 
 Judges, so chosen, any two of whom may hold a 
 court. It shall have appellate jurisdiction only, except 
 in cases of habeas corpus, mandamus and prohibition. 
 It shall not have jurisdiction in civil cases where the 
 matter in controversy, exclusive of costs, is less in 
 value or amount than five hundred dollars, except in 
 contpoversies concerning the title or boundaries of 
 land, the probate of a will, the appointment or quali- 
 fication of a personal representative, guardian, com- 
 mittee or curator ; or concerning a mill, road, way, 
 ferry or landing, or right of a corporation or of a 
 county to lay tolls or taxes, and except in cases of 
 habeas corpus, mandamus and prohibition, or cases 
 involving freedom or the constitutionality of a law. 
 Va., 542. 
 
 — Special Courts of Appeals, to consist of not less 
 than three nor more than five Judges, may be formed 
 of tiie Judges of the Supreme Court of Appeals, and 
 of the Circuit Courts, or any of them, to try any 
 cases being on the dockets of the Supreme Court of 
 Appeals when this Constitution goes into operation : 
 or to try any cases which may be on the dockets 
 of the Supreme Court of Appeals, in respect to which 
 a majority of the Judges of said court may be so situ- 
 ated as to make it improper for them to sit on the 
 hearing ther-eof And a special Court of Appeals, to 
 consist of not less than three nor more than five 
 Judges, may be formed of the Judges of the Circuit 
 Courts to exercise the jurisdiction and perform the 
 29 
 
 duties of the Supreme Court of Appeals and of the 
 judges thereof, until the Judges of the Supreme 
 Court of Appeals shall have been duly chosen and 
 qualified. Va., 542. 
 
 — When a judgment or decree is reversed or affirmed 
 by the Supreme Court of Appeals, the reasons there- 
 for shall be stated in writing, and preserved with the 
 record of the case. Va., 542. 
 
 — The Supreme Court of Appeals shall consist of the 
 three judges, any two of whom shall be a quorum. 
 They shall be elected by the voter-s of the State, and 
 shall hold their offices for the term of twelve years, 
 except that of those first elected, one to be desig- 
 nated by lot in such manner as they may determine, 
 shall hold his office for four years ; another to be 
 designated in like manner, for eight years, and the 
 third for twelve years; so that one shall be elected 
 every four years after the first election. W. Va., 553. 
 — The Supreme Court of Appeals shall have original 
 jurisdiction in cases of habeas corpus, mandamus and 
 prohibition. It shall have appellate jurisdiction in 
 civil cases where the matter in controversy, exclusive 
 of costs, is of greater value or amount than two 
 hundred dollars; in controversies concerning the 
 title or boundaries of land, the probate of wills, the 
 appointment or qualification of a personal represent- 
 ative, guardian, committee, or curator, or concerning 
 a mill, road, way, ferry, or landing, or the right of a 
 corporation or county to levy tolls or taxes ; and 
 also in cases of habeas corpus, mandamus and prohi- 
 bition, and cases involving freedom, or the constitu- 
 tionality of a law. It shall have appellate jurisdic- 
 tion in criminal cases where there has been a convic- 
 tion for felony or misdemeanor in a Circuit Court, 
 and such other appellate jurisdiction in both civil and 
 criminal cases as may be prescribed by law. W. Va., 
 553. 
 
 — When a judgment or decree is reversed or affirmed 
 by the Supreme Court of Appeals, every point made 
 and distinctly stated in writing in the cause, and 
 fairly arising upon the record of the case, shall be 
 considered and decided, and the reasons therefor 
 shall be concisely and briefly stated in writing and 
 preserved with the records of the case. W. Va., 553. 
 
 COURT OF CHANCERY. 
 
 [Appointment and powers of Chancellor noticed], 
 N. Y. (1777), 26, 30, 31. 
 
 — The Chancellor and Justices of the Supreme Court, 
 shall hold their offices during good behavior, or until 
 they shall attain the age of sixty years. 
 — The Governor shall nominate, and with the con- 
 sent of the Senate, appoint masters and examiners in 
 chancery ; who shall hold their offices for three years, 
 unless sooner removed by the Senate, on the recom- 
 mendation of the Governor. The registers and assist- 
 ant registers, shall be appointed by the Chancellor, 
 and hold their offices during his pleasure. N. Y. 
 (1821), 40. 
 
 — The General Assembly shall have power to estabr 
 lish a court or courts of Chancery, with original and 
 appellate equity jurisdiction ; Provided, That the 
 Judges of the several Circuit Courts shall have power 
 to issue writs of injunction, returnable into the Courts 
 of Chancery. Ala., 80. 
 
 — Until the General Assembly shall deem it expedi- 
 ent to establish Courts of Chancery, the Circuit Courts 
 shall have jurisdiction in matters of equity, subject to 
 appeal to the Supreme Court, in such manner as may 
 be prescribed by law. Arh., 91. 
 — In matters of Chancery jurisdiction in which the 
 Chancellor is interested, the Chief Justice sitting in 
 the Superior Court without the Associate Judges, 
 shall have jurisdiction, with an appeal to the Court 
 of Errors and Appeals, which shall consist in this 
 case of the three Associate Judges, the Senior Asso- 
 ciate Judge presiding. Del., 122. 
 — The Chancellor shall hold the Court of Chancery. 
 This Court shall have all the powers vested by the 
 laws of this State in the Court of Chancery. Del., 121. 
 
114 
 
 1 S3. There shall be a Supreme Court having general jurisdiction in law 
 
 2 and equity. 
 
 1 §4. The State shall be divided into eight judicial districts, of which the 
 
 2 city of 'New York shall be one ; the others to be bounded by county lines, and 
 
 3 to be compact and equal in population as nearly as may be. There shall be 
 
 4 four Justices of the Supreme Court in each district, and as many more in the 
 
 5 district composed of the city of New York as may from time to time be 
 
 — Until the General Assembly shall otherwise pro- 
 vide, the Chancellor shall exercise all the powers 
 which any law of the State vests in the Chancellor 
 besides the general powers of the Court of Chancery; 
 and the Chief Justice and Associate Judges shall each 
 singly exercise all the powers which any law of this 
 State vests in the Judges singly of the Supreme 
 Court or Court of Common Pleas. Dd., 123. 
 — By the death of any party, no suit in Chancery or 
 at law, where the cause of action survives, shall abate, 
 but until the Legislature shall otherwise provide, 
 suggestion of such death being entered of record, the 
 executor or administrator of a deceased petitioner or 
 plaintiif may prosecute the said suit; and if a respon- 
 dent or defendant dies, the executor or administrator 
 being duly served with a scire facias, thirty days 
 before the term thereof, shall be considered as a party 
 to the suit, in tlie same manner as if he had volunta- 
 rily made himself a party; and in any of those cases, 
 the court shall pass a decree, or render judgment for 
 or against the executors or administrators, as to right 
 appertains. But where an executor or administrator 
 of a deceased respondent or defendant becomes a party 
 the court, upon motion, shall grant such a continu- 
 ance of the cause as to the judges shall appear proper. 
 Del, 124. 
 
 — Whenever a person, not being an executor or admin- 
 istrator, appeals from a decree of the Chancellor, or 
 applies for a writ of error, such appeal or writ shall 
 be no stay of proceeding in the Chancery, or the court 
 to which the writ issues, unless the appellant or plaint- 
 iff in error shall give suflScient security, to be approved 
 respectively by the Chancellor, or by a judge of the 
 court from which the writ issues, that the appellant 
 or plaintiff in error shall prosecute respectively his 
 appeal or writ to effect, and pay the condemnation 
 money and all costs, or otherwise abide the decree in 
 ajipeal or the judgment in error, if he fail to make his 
 plea good. Del, 124. 
 
 — That whenever the General Assembly shall create 
 ■a Chancery Court, under the provisions of this Con- 
 stitution, the Judges thereof shall be elected in the 
 manner provided in the last two sections of this arti- 
 cle, and shall hold their offices and be subject to all 
 the provisions of said sections; Provided, however. 
 That the said Judges shall be elected by general ticket 
 or by districts, as the General Assembly may direct. 
 Flci., 134. 
 
 — The Court of Chancery shall consist of a Chancellor. 
 N. J., 417. 
 
 ! — The Chancellor shall be the Ordinary, or Surrogate- 
 General, and Judge of the Prerogative Court. Ji J. 
 417. 
 
 — When an appeal from an order or decree shall be 
 heard, the Chancellor shall inform- the Court, in 
 writing, of the reason for his order or decree; but he 
 shall not sit as a member, or have a voice in the hear- 
 ing or final sentence. N. J., 417. 
 — A future Legislature may, vphen they shall conceive 
 the same to be expedient and necessary, erect a Court 
 of Chancery, wilh such powers as are usually exer- 
 cised by that court, or as shall appear for the interest 
 of the Commonwealth ; Provided, They do nnt con- 
 stitute themselves the judges of said court. Vt., 523. 
 — Chancery Courts, with full jurisdiction in all mat- 
 
 ters of equity, shall be held in each judicial district 
 by the Circuit Judge thereof, at such times and places 
 as may be directed by law. The Superior Court of 
 Chancery, and the several Vice-Chancery Courts shall 
 continue as now organized, until the first Monday in 
 November, 1857, for the disposition of causes now 
 depending therein. The Legislature shall provide V>y 
 law for the preservation of the records of the said 
 Superior Court of Chancery and of said Vice-Chan- 
 cery Courts, and also for the transfer of all causes 
 that may remain undetermined therein, to other 
 courts for final decision. Miss., 339. 
 
 SUPREME COURT— ORGANIZATION— TERMS 
 AND MISCELLANEOUS PROVISIONS. 
 
 — The Supreme Court shall consist of a chief justice, 
 and two justices, any of whom may hold the court. 
 N. T. (1821), 41. 
 
 — The Supreme Court shall be held at the seat of 
 government; but, if that shall have become dangerous, 
 from an enemy or from disease, may adjourn to a 
 different place. Ala., 80. 
 
 — The Supreme Court shall be composed of three 
 Judges, one of whom shall be styled Chief Justice, 
 any two of whom shall constitute a quorum, and the 
 concurrence of any two of said Judges shall, in every 
 case, be necessary to a decision. ArJc, 90. 
 — The Supreme Court shall consist of a Chief Justice 
 and four assistant Justices. The presence of three 
 Justices shall be necessary for the transaction of busi- 
 ness, excepting such business as may be done at 
 chambers; and the concurrence of three Justices shall 
 be necessary to pronounce a judgment. Cal, (as 
 amended in 1862). 
 
 — The times and places of holding the terms of the 
 several courts of record shall be provided for by law. 
 Cal, (as amended in 1862). 
 
 — The Superior Court shall consist of the Chief Jus- 
 tice and two Associate Judges. The Chief Justice 
 shall preside in every county, and m his absence the 
 Senior Associate Judge sitting in the county shall 
 preside. No Associate Judge shall sit in the county 
 in which he resides. Two of the said Judges shall 
 constitute a quorum. One may open and adjourn the 
 court, and make all rules necessary for the expediting 
 of business. 
 
 This court shall have jurisdiction of all causes of a 
 civil nature, real, personal, and mixed, at common 
 law, and all other the jurisdiction and powers vested 
 by the laws of this State in the Supreme Court or 
 Court of Common Pleas. Del. 121. 
 --The Court of Oyer and Terminer shall consist of 
 all the judges except the Chancellor. Three of the 
 said judges shall constitute a quorum. One may open 
 and adjourn the court. This court .shall exercise the 
 jurisdiction now vested in the Courts of Oyer and 
 Terminer and General Jail Delivery by the laws of 
 this State. In the absence of the Chief Justice the 
 Senior Associate present shall preside. Del 121. 
 —The Supreme Court sh.-dl be holden at such times 
 and places as may be prescribed by law ; the two 
 Judges of the Circuit Court may be added to the 
 Supreme Court, when in session, at the discretion of 
 
115 
 
 6 authorized by law, but not to exceed in the whole such 8umber, iu proportion 
 
 7 to its population, as shall be in conformity with the number of such judges iu 
 
 8 the residue of the State in proportion to its population. They shall be classi- 
 
 9 fied so that one of the justices of each district shall go out of oflBce at the 
 
 10 end of every two years. After the expiratiou of their terms under such classi- 
 
 11 fication, the term of their office shall be eight years. 
 
 the Legislature; and the court so composed shall 
 constitute the Supreme Court of the State, when the 
 Lefiislature shall so direct. Ft, 133. 
 — No duty not judicial shall be imposed by law upon 
 tlie Justices of the Supreme Court, Chancellors or the 
 Judges of the Circuit Courts of this State, except in 
 cases otherwise provided for in this Constitution. 
 Fl., 135. 
 
 — The Supreme Court shall hold one term annually 
 in each of the aforesaid grand divisions, at such time 
 and place, in each of said divisions, as may be pro- 
 vided for by law. Ill, ICO. 
 
 — The Supreme Court shall consist of three judges, 
 two of wliora shall form a quorum ; and the concur- 
 rence of two of said judges shall in all cases be neces- 
 sary to a decision. III., 160. 
 
 — The tei'ms of the Supi-eme Court for the Pirst 
 Division shall be held at Mount Vernon, in Jefferson 
 county; for the Second Division, at Springfield, in 
 Sangamon county; for the Third Division, at Ottawa, 
 in La Salle county; until some other place in either 
 division is fixed by law. III., 162. 
 — The Supreme Court shall consist of not less than 
 three, nor more than five judges, a majority of whom 
 shall form a quorum. They shall hold tiieir offices 
 for six years, if they so long behave well. Ind., 176. 
 — The Supreme Court shall, upon the decision of 
 every case, give a statement in writing of each ques- 
 tion arising in the record of such case, and the de- 
 cision of the court thereon. Ind., 177. 
 — The Supreme Court shall consist of three judges, 
 two of whom shall constitute a quorum to hold 
 court. Iowa, 189. 
 
 — The Supreme Court shall consist of one Chief Jus- 
 tice and two Associate Justices, a majority of whom 
 shall constitute a quorum. Kan., 200. 
 — The Supreme Court shall be composed of one Chief 
 Justice and four Associate Justices, a majority of 
 whom shall constitute a quorum. La., 231. 
 — No judgment shall be I'endered by the Supreme 
 Court without the concurrence of a majority of the 
 judges comprising the court. Wlienever the majority 
 cannot agree, in consequence of the recusation of the 
 member of the court, the judges not recused shall 
 have power to call upon any judge or judges of the 
 inferior courts, whose duty it shall be when so called 
 upon, to sit iu the place of the judge or judges re- 
 cused, and to aid in determining the case. La., 231. 
 — The Legislature shall provide for the removal of 
 all causes now pending in the Supreme Court or 
 other courts of the State under the Constitution of 
 1852, to courts created by or under this Constitution. 
 La., 237. 
 
 — For the terra of six years, and thereafter, until the 
 Legislature otherwise provide, the Judges of the 
 several Circuit Courts shall be Judges of the Supreme 
 Court, four of whom shall constitute a quorum. A 
 concurrence of three shall be necessary to a final de- 
 cision. After six years the Legislature may provide 
 by law for the organization of a Supreme Court, with 
 the jurisdiction and powers prescribed in this Con- 
 stitution, to consist of one Chief Justice and three 
 Associate Justices, to be chosen by the electors of the 
 State. Such Supreme Court, when so organized, 
 shall not be changed or discontinued by the Legisla- 
 ture for eigiit years thereafter. The Judges thereof 
 shall be so classified that but one of them shall go out 
 
 of office at the same time. Their term of office shall 
 be eight years. Mich., 305. 
 
 — Four terms of the Supreme Court shall be held 
 annually, at such times and places as may be desig- 
 nated by law. Mich., 305. 
 
 — The Supreme Court shall, by general rules, estab- 
 lish, modify and amend the practice in such court 
 and in the Circuit Courts, and simplify the same. 
 The Legislature shall, as far as practicable, abcOish 
 distinctions between law and equity proceedings. 
 The office of master in chancery is prohibited. Mich., 
 
 — On the first day of January, in the year one thou- 
 sand eight hundred and fifty-two, the jurisdiction of 
 all suits and proceedings then pending in the present 
 Supreme Courts, shall become vested in the Supreme 
 Court established by this Constitution, and shall be 
 finally adjudicated by the court where the same may 
 be pending. The jurisdiction of all suits and pro- 
 ceedings at law and equity, then pending in the 
 Cii'cuit Courts and County Courts for the several 
 counties, shall become vested in the Circuit Courts of 
 the said counties, and District Court for the Upper 
 Peninsula. Mich., 316. 
 
 — The Supreme Court, the Circuit and Probate Courts 
 of each county, shall be courts of record, and shall 
 each have a common seal. Mich., 306. 
 — The Supreme Court shall consist of one Chief Jus- 
 tice and two Associate Justices, but the number of 
 Associate Justices may be increased to a number not 
 exceeding four, by the Legislature by a two-thirds 
 vote, when it shall be deemed necessary. Min., 324. 
 — It shall hold one or more terms in each year, as the 
 Legislature may direct, at the seat of government, 
 and the Legislature may provide by a two-thirds vote 
 that one term in each year shall be held in each or 
 any judicial district. Min., 324. 
 — The Supreme Court shall consist of three judges, 
 any two of whom shall be a quorum ; and the said 
 judges shall be conservators of the peace throughout 
 the State. Mo., 357. 
 
 — If, in regard to any cause pending in the Supreme 
 Court, the judges sitting shall be equijily divided in 
 opinion, no judgment shall be entered therein, based 
 on such division ; but the parties to the cause may 
 agiee upon some peison, learned in the law, who 
 shall act as special judge in the cause, and who shall 
 therein sit with the court, and give decision, in the 
 same manner and with the same eflect as one of the 
 judges. If the parties cannot agree upon a special 
 judge the court shall appoint one. Mo., 357. 
 — The Legislature may, after the j'ear one thousand 
 eight hundred seventy-five, increase the number of 
 Justices of the Supreme Court, and the judicial dis- 
 tricts of the State. NA., 375. 
 
 — The Supreme Court, the District Court, and such 
 other courts as the Legislatui-e shall designate shall 
 be courts of record. Nev., 387. 
 — The Supreme Court shall consist of a Chief Justice 
 and two Associate Justices, a majority of whom shall 
 constitute a quorum ; Provided, That the Legislature, 
 by a majority of all the members elected to each 
 branch thereof, may provide for the election of two 
 additional Associate Justices, and if so increased, 
 three shall constitute a quorum. The concurrence 
 of a majority of the whole court shall be necessary 
 to render a decision. Nefo,, 386. 
 
116 
 
 — The terms of holding the 'Supreme Court and Dis- 
 trict Courts, shall be as fixed by law. The terms of 
 the Supreme Court shall be held at the seat of gov- 
 ernment, and the District Courts shall be held at the 
 county seats of their respective counties; Provided, 
 That in case any county shall hereafter be divided 
 into two or more districts, the Legislature may by 
 law designate the places of holding courts in such 
 districts. Nev., 387. 
 
 — The terms of the Supreme Court shall, until pro- 
 vision be made by law, be held at such times as the 
 Judges of the said courts, or a majority of them, may 
 appoint. The first terms of the several District 
 Courts (except as hereinafter mentioned) shall com- 
 mence on the first Monday of December, A. D., 
 eighteen hundred and sixty-four; the first term of 
 the District Court in the Fifth Judicial District shall 
 commence on the first Monday of December, A. D., 
 eighteen hundred and sixty-four, in the county of 
 Nye, and shall commence on the first Monday of 
 January, A. D., eighteen hundred and sixty-five, in 
 ,the ooimty of Churchill. The terms of the Fourth 
 Judicial District Court shall, until otherwise provided 
 by law, be held at the county seat of Washoe county, 
 and the first term thereof be held on the fiist Monday 
 of December, A. D., eighteen hundred and sixty-four. 
 JVew., 395. 
 
 — There shall be but one form of civil action, and law 
 and equity may be administered in the same action. 
 Nev., 887. 
 
 — The Supreme Court shall consist of a Chief Justice 
 and four Associate Justices. The number of Asso- 
 ciate Justices may be increased or decreased by law, 
 hut shall never be less than two. N. J., 418. 
 — The Supreme Court shall consist of five judges, a 
 majority of whom shall be necessary to form a quo- 
 rum, or to pronounce a decision. Ohio, 437. 
 — It shall hold at least one term in each year at the 
 seat of government, and such other terms, at the seat 
 of government, or elsewhere, as may be provided by 
 law. The Judges of the Si preme Court shall be 
 elected by the electors of the State at large. Ohio, 
 437. 
 
 — Suits pending in the Supreme Court in banc shall 
 be transferred to the Supreme Court provided for in 
 this Constitution, and be proceeded in according to 
 law. Ohio, 445. 
 
 — The Supreme Court shall consist of four justices, to 
 be chosen in districts by the electors thereof, who 
 shall be citizens of the United States, and who shall 
 have resided in the State at least three years next 
 preceding their election, and after their election to 
 reside in their respective districts. Or., 454. 
 — The number of justices and districts may be 
 increased, but shall not exceed five until the white 
 population of the State shall amount to one hundred 
 thousand, and shall never exceed seven; and the 
 boundaries of districts may be changed, but no change 
 of district shall have the effect to remove a judge 
 from office, or require him to change his residence 
 without his consent. Or., 454. 
 
 — The judge who has the shortest term to serve, or 
 the oldest of several having such shortest terms, and 
 not holding by appointment, shall be the Chief Justice. 
 Or., 454. 
 
 — The terms of the Supreme Court shall be appointed 
 by law ; but there shall be one term at the seat of 
 government annually. And at the close of each term 
 the judges shall file with the Secretary of State, con- 
 cise written statements of the decisions made at that 
 term. Or., 454. 
 
 — Until otherwise directed by law, the Courts of 
 Common Pleas shall continue as at present established. 
 Not more than five counties shall at any time be 
 included in one judicial district organized for said 
 courts. Pa., 465. 
 
 — The Supreme Court shall be composed of three 
 judges, one of whom shall reside in each of the grand 
 divisions of the State ; the concurrence of two of said 
 judges shall in every case be necessary to a decision. 
 — The Supreme Court shall consist of five Justices, 
 any three of whom shall constitute a quorum. They 
 
 shall be elected by the qualified voters of the State at 
 a general election for State or county officers, and 
 they shall elect from their own number a presiding 
 officer, to be styled the Chief Justice. Tex., 510. 
 — The testimony in causes in equity, shall be taken 
 in like manner as in cases at law ; and the office of 
 Master in Chancery is hereby prohibited. Wis., 567. 
 — The Supreme Court shall hold at least one term 
 annually at the seat of government of the State, at 
 such time as shall be provided by law, and the Legis- 
 lature may provide for holding other terms, and at 
 other places, when they may deem it necessary. A 
 Circuit Court shall be held at least twice in each 
 year, in each county in this State, organized for 
 judicial purposes. The Judges of the Circuit Court 
 may hold courts for each other, and shall do so when 
 required by law. Wis., 566. 
 
 CIRCUIT COURTS. 
 
 — The State shall be divided, by law, into a conven- 
 ient number of circuits, not less than four, nor exceed- 
 ing eight, subject to alteration, by the Legislature, 
 from time to time, as the public good may require; 
 for each of which, a circuit judge shall be appointed, 
 in the same manner, and hold his office by the same 
 tenure, as the justices of the Supreme Court; and 
 who shall possess the powers of a justice of the 
 Supreme Court at chambers, and in the trial of issues 
 joined in the Supreme Court; and in Courts of Oyer 
 and Terminer, and gaol delivery. And such equity 
 powers may be vested in the said circuit judges, or 
 in the County Courts, or in such other subordinate 
 courts as the Legislature may by law direct, subject 
 to the appellate jurisdiction of the chancellor. N. Y. 
 (1821), 41. 
 
 — The State shall be divided into convenient circuits, 
 each of which shall contain not less than three, nor 
 more than six counties ; and for each circuit there 
 shall be appointed a judge, who shall, after his 
 appointment, reside in the circuit for which he may 
 be appointed. Ala., 80. 
 
 — A Circuit Court shall be held in each county in the 
 State, at least twice in every year; and the judges of 
 the several circuits may hold courts for each other 
 when they deem it expedient, and shall do so when 
 directed by law. Ala., 80. 
 
 — The Circuit Courts shall exercise a superintending 
 control over the County Courts, and over Justices of 
 the Peace in each county, in their respective circuits, 
 and shall have power to issue all the necessary writs 
 to carry into effect their generaland specific powers. 
 Arh.. 91. 
 
 — Judges of the Circuit Courts may temporarily ex- 
 change circuits, or hold courts for each other, under 
 such regulations as may be pointed out by law. 
 Arh., 91. 
 
 — A Circuit Court shall be held in such counties and 
 at such times and places therein as may be prescribed 
 by law; and the judges of the several Circuit Courts 
 may hold courts for each other, either for the entire 
 circuit or for a portion thereof, and they shall do so 
 when required, by order of the Governor or Chief 
 Justice of the Supreme Court: and they may exer- 
 cise jurisdiction in cases of writs of habeas corpus in 
 any Judicial Circuit in which the judge may happen 
 to be at the time the case arises. Fl., 134. 
 — The General Assembly shall have power to estab- 
 lish and organize a separate court or courts or original 
 equity jurisdiction; but until such court or courts 
 shall be established and organized, the Circuit Courts 
 shall exercise such jurisdiction. Fl., 134. 
 — There shall be two more terms of the Circuit 
 Court held, annually, in each county of this State, at 
 such times as shall be provided by law; and said 
 courts shall have jurisdiction in all cases at law and' 
 equity, and in all cases of appeal from all inferior 
 courts. Ill, 160. 
 
 — The Circuit Courts shall each consist of one Judge, 
 and shall have such civil and criminal jurisdiction as 
 may be prescribed by law. Ind., 177. 
 
m 
 
 1 S 5. The Legislature shall have the same powers to alter and regulate 
 
 2 the jurisdiction and proceedings in law and equity as they have heretofore 
 
 3 possessed. 
 
 1 § 6. Provision may be made by law for designating from time to time one 
 
 2 or more of the said justices, who is not a judge of the Court of Appeals, to 
 
 — The General Assembly may provide by law that 
 the judge of one circuit may hold the courts of an- 
 other circuit, in oases of necessity or convenience; 
 and in case of temporary inability of any judge, from 
 sickness or other cause, to hold the courts in his cir- 
 cuit, provision shall be made by law for holding such, 
 courts. Ind., 177. 
 
 — A Circuit Court shall be established in each county 
 now existing, or which may hereafter be erected in 
 this Commonwealth. Ky., 216. 
 — The Circuit Court shall be held twice, at least, in 
 each year, in each county organized for judicial pur- 
 poses, by one of the Justices of the Supreme Court, 
 at times to be appointed by law ; and at such other 
 times as may be appointed by the judges severally in 
 pursuance of law. Or., 454. 
 
 — For each circuit, the thirteenth excepted, there 
 shall be one judge, who shall be styled Circuit Judge, 
 who, during his terra of office, shall reside in one of 
 the counties composing the circuit for which he may 
 be elected ; the said judges shall hold a term of their 
 courts in each of the counties composing their re- 
 spective circuits at such times as now are or may 
 hereafter, be fixed by law, such terms to be never 
 less than two in each year in each county ; special 
 terms may be held by said judges in their discretion, 
 whenever the business of their several counties ren- 
 ders such terms necessary. Md., 268. 
 — The Judges of the respective Circuit Courts of this 
 State, and of the courts of Baltimore city, shall ren- 
 der their decisions, in all cases argued before them, 
 or submitted to tlieir judgment, within two months 
 after the same shall have been so argued or submit- 
 ted. Md., 268. 
 
 — A Circuit Court shall be held at least twice in each 
 year in every county organized for judicial purposes, 
 and four times in each year in counties containing 
 ten thousand inhabitants. Judges of the Circuit 
 Court may hold courts for each other, and shall do so 
 when required by law. Mich., 306. 
 — ^A Circuit Court shall be held in each county of 
 this State, at least twice in each year ; and the Judges 
 of said courts, shall interchange circuits with each 
 other, in such manner as may be prescribed by law, 
 and shall receive for their services a compensation to 
 be fixed by law, which shall not be diminished during 
 their continuance in office. Mi^s., 329. 
 — The Circuit Courts shall be held in every county 
 of this State, by one or more of the Justices of the 
 Supreme Court, or a judge appointed for that pur- 
 pose ; and shall, in all places within the county, ex- 
 cept in those of a criminal nature, have common law 
 jurisdiction concurrent Tvith the Supreme Court, and 
 any final judgment of a Circuit Court may be dock- 
 eted in the Supreme Court and shall operate as a 
 judgment obtained in the Supreme Court from the 
 time of such docketing. N. J., 418. 
 — District Courts shall be composed of the Judges of 
 the Courts of Common Pleas of the respective dis- 
 tricts, and one of the Judges of the Supreme Court, 
 any three of whom shall be a quorum, and shall be 
 held in each county therein, at least once in each 
 year; but if it shall be found inexpedient to hold 
 such court annually, in each county of any district, 
 . the General Assembly may, for such district, provide 
 that said court shall hold at least three annual ses- 
 sions therein, in not less than three places ; Provided, 
 That the General Assembly may, by law, authorize 
 the judges of each district to fix the times of holding 
 the courts therein. Ohio, 437. 
 30 
 
 — The District Courts shall, in their respective coun- 
 ties, be the successors of the present Supreme Court, 
 and all suits, prosecutions, judgments, records and 
 proceedings, pending and remaining in said Supreme 
 Court, in the several counties of any district, shall be 
 transferred to the respective District Courts of such 
 counties, and be proceeded in as though no change 
 had been made in said Supreme Court. Ohio, 445. 
 — The General Assembly shall provide by law for 
 holding Circuit Courts, when, for any cause, the 
 judge shall fail to attend, or, if in attendance, cannot 
 properly preside. £y., 217. 
 
 — A Circuit Court shall be held at least twice a year 
 by the judge of each circuit, in every county and cor- 
 poration thereof, wherein a Circuit Court is now or 
 may hereafter be established. But the judges in the 
 same district may be required or authorized to hold 
 the courts of their respective circuits alternately, and 
 a judge of one circuit to hold a court in any other 
 circuit. Va., 542. 
 
 — A District Court shall be held at least once a year 
 in every district, by the judges of the circuits consti- 
 tuting the section and the Judge of the Supreme 
 Court of Appeals for the section of which the district 
 forms a part, any three of whom may hold a court ; 
 but no judge shall sit or decide upon an appeal taken 
 from his own decision. The Judge of the Supreme 
 Court of Appeals of one section may sit in District 
 Courts of another section, when required or author- 
 ized by law to do so. Va., 542. 
 — A Circuit Court shall be held" in every county at 
 least four times a year, unless otherwise provided by 
 law, in pursuance of the third section of this article. 
 The judges may be required or authorized to hold 
 the courts of their respective circuits alternately, and 
 a judge of one circuit to hold a court in any other 
 circuit. W. Va., 553. 
 
 JUEISDICTION OF COURTS. 
 
 — The Judges of the Supreme Court shall, by virtue 
 of their offices, be conservators of the peace through- 
 out the State; as also the Judges of the Circuit 
 Courts within their respective circuits, and the Judges 
 of the Inferior Courts within their respective coun- 
 ties. Ala., 81. 
 
 — The Circuit Court shall have original jurisdiction in 
 all matters, civil and criminal, within this State, not 
 otherwise excepted in this Constitution : but in civil 
 cases only, where the matter or sum in controversy 
 exceeds fifty dollars. Ala., 80. 
 — Except in cases otherwise directed in this Consti- 
 tution, the Supreme Court shall have appellate juris- 
 diction 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. Provided, That said court 
 shall have power to issue writs of injunction, Tnan- 
 damus, quo warranto, habeas corpus, and such other 
 remedial and original writs as may be necessary to 
 give it a general superintendence and control of infe- 
 rior jurisdiction. Ala., 80. 
 
 — The Supreme Court, 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 as may, 
 from time to time be prescribed by law. Ark., 90. 
 — It shall have a general superintending control over 
 all inferior and other courts of law and equity. It 
 
118 
 
 3 preside at the general term of the said court to be held in the several districts. 
 
 4 Any three or more of the said justices, of whom one of the said justices so 
 
 5 designated shall always be one, may hold such general terms. And any one 
 
 6 or more of the justices may hold special terms and Circuit Courts, and any 
 
 7 one of them may preside in courts of Oyer and Terminer in any county. 
 
 shall have power to issue writs of error, supersedeas, 
 certiorari and habeas corpus, raandiimus and quo 
 warranto, and other remedial writs, and to hear and 
 determine the same. Said judges shall be conserva- 
 tors of the peace througliout the State, and shall have 
 power to issue any of the aforesaid writs. Ai'k., 90. 
 — The Circuit Court shall have original jurisdiction 
 over all criminal cases which shall not be otherwise 
 provided for by law ; and exclusive original jurisdic- 
 tion of all crimes amounting to felony at the common 
 law, and original jurisdiction of all civil cases which 
 shall not be cognizable before Justices of the Peace, 
 until otherwise directed by the General Assembly ; 
 and original jurisdiction in all matters of contract, 
 where the sum in controversy is over two hundred 
 dollars. It shall ho'd its terms at such place in each 
 county as may be by law diiected. Ark., 91. 
 — The Supreme Court shall have appellate jurisdic- 
 tion in all cases in equity, also in all cases at law 
 which involve the title or possession of real estate, or 
 the legality of any tax, impost, assessment, toll, or 
 municipal fine, or in which the demand, exclusive of 
 interest, or the value of the property in controversy 
 amounts to $300; also in all cases arising in the pro- 
 bate courts; and also in all criminal cases amounting 
 to feluny, on questions of law alone. The court shall 
 also have power to issue writs of mandamus, certiorari, 
 prohibition, and habeas corpus, and also all writs 
 necessary or proper to the complete exercise of its 
 appellate jurisdiction. Each of the justices shall have 
 power to issue writs of habeas corpus to any part of 
 the State, upon petition on behalf of any person held 
 in actual custody, and may make such writs return- 
 able before hitnself, or the Supreme Court, or before 
 any District Court, or any County Court in the State, 
 or before any judge of said courts. Cal., (as amended 
 in l8G2.)' 
 
 — The District Courts shall have original jurisdiction 
 in all cases in equity , also in all cases at law which 
 involve the title or possession of real property, or the 
 legality of any tax, impost, assessment, toll or munici- 
 pal fine, and in all other oases in which the demand, 
 exclusive of interest, or the value of the property in 
 controversy amounts to $300; and also in all criminal 
 cases not otherwise provided for. The District Courts 
 and their judges shall have power to issue writs of 
 liaheas corpus, on petition by or on behalf of any per- 
 son held in actual custody in their respective districts. 
 Cal, (amended in 1862.) 
 
 — Said [County] Courts shall also have power to issue 
 naturalization papers. Cal, (amended in 1862.) 
 — The County Courts shall have original jurisdiction 
 of actions of forcible entry and derainer, of proceed- 
 ings of insolvency, of actions to prevent or abate a 
 nuisance, and of all such special cases and proceeding,s 
 as are not otherwise provided for; and also such 
 criminal jurisdiction as the Ltigislature may prescribe. 
 They shall also have appellate jurisdiction in all cases 
 arising in courts held by Justices of the Peace and 
 Recorders, and in such inferior courts as may be 
 established in pursuance of section one of this article, 
 in their respective counties. The County Judges 
 shall also hold in their severs' nnuuties Probate Courts, 
 and perform such duties as Probate Judges as may be 
 prescribed by law. The County Courts and their 
 Judges shall also have power to issue writs of habeas 
 corpus, on petition or on behalf of any person in actual 
 custody, in their respective counties. Cal, (amended 
 in 186!2.) 
 — The Supreme Court, the District Courts, County 
 
 Courts!, and Probate Courts, and such other courts as 
 the Legislature shall prescribe, shall be courts of 
 record. Cal-., (amended in 1862). 
 — The Legislature shall fix by law the jurisdiction of 
 Eecorders' or other inferior municipal coujts, which 
 may be established in pursuance of section one of 
 this article, and shall fix by law the powers, duties 
 and responsibilities of the judges thereof. Cal, 
 (amended in 1862). 
 
 — The General Assembly, notwithstanding anything 
 contained in this article, shall have power to repeal 
 or alter any act of the General Assembly, giving 
 jurisdiction to the Courts of Oyer and Terminer and 
 General Jail Delivery, or to the Supreme Court, or 
 the Court of Common Pleas, or the Court of General 
 Quarter Sessions of the Peace and General Jail 
 Delivery, or the Orphans' Court, or the Court of 
 Chancery, in any matter, or giving any power to 
 either of said courts. Until the General Assembly 
 shall otherwise direct, there shall be an appeal to the 
 Court of Errors and Appeals in all cases in which 
 there is an appeal, according to an act of the General 
 Assembly, to the High Court of Errors and Appeals. 
 Del, 123. 
 
 — The members Of the Senate and House of Repre- 
 sentatives, the Chancellor, the Judges, and the At- 
 torney-General shall, by virtue of their offices, be 
 conservators of the peace throughout Ihe State ; and 
 the Treasurer, Secretary, Prothonotaries, Registers, 
 Recorders, Sheriffs, and Coroners shall, by virtue of 
 their offices, be conservators thereof within the coun- 
 ties respectively in which they reside. Del., 125. 
 — The jurisdiction of each of the aforesaid courts, 
 Superior Court, Chancery and Orphans' Court, shall 
 be co-extensive with the State. Process may be 
 issued out of each court, in either county into every 
 county. Del,\22. 
 
 — The General Assembly may by law give to any 
 inferior courts by them to be established, or to one 
 or more Justices of the Peace, jurisdiction of the 
 criminal matters following, that is to say, assaults- 
 and batteries, keeping without license a public house 
 of entertainment, tavern, inn, ale house, ordinary or 
 victualing house, retailing or selling without license 
 wine, rum, brandy, gin, whiskey, or spirituous or 
 mixed liquors contrary to law, disturbing camp-meet- 
 ings held for the purpose of religious worship, dis- 
 turbing other meetings for the purpose of religious 
 worship, nuisances, horse-racing, cock-fighting and 
 shooting matches, larcenies committed by negroes or 
 mulattoes, and the oifense of knowingly buying, 
 receiving or concealing by negi-oes or mulattoes, of 
 stolen goods or things the subject of larceny, and of 
 any negro or mulatto being accessory to any larceny. 
 The General Assembly may by law regulate tins 
 jurisdiction, and provide that the proceedings shall 
 be with or without indictment by grand jury, or trial 
 by petit jury, and may grant or deny the privilege 
 of appeal to the Court of General Sessions of the 
 Peace. The matters within this section shall be and 
 the same hereby are excepted and excluded from the 
 provisipn of the Constitution, that^"No person shall 
 for an indictable offense be proceeded against crimi- 
 nally by information," and also from the provision 
 of the Constitution concerning trial by jury. Dd. 
 
 — In civil causes when pending, the Superior Court 
 shall have the power, before judgment, of directino- 
 upon such terms as they shall deem reasonable, 
 amendments in pleadings and legal proceedings, so 
 
119 
 
 that by error in any of them, the determination of 
 causes, according to their real merits, shall not be 
 hindered ; and also of directing the examination of 
 witnesses that are aged, very infirm, or going out of 
 the State, upon interrogatories de bene esse, to be read 
 in evidence, in case of the death or departure of the 
 witnesses before the trial, or inability by reason of 
 age, sickness, bodily infirmity or imprisonment, then 
 to attend; and also the power of obtaining evidence 
 from places not within this State. Del, 123. 
 — The Supreme Couit, except in cases otherwise 
 directed in 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 presci'ibed by law, provided that the said 
 court shall always have power to is.sue writs of 
 injiniction, mandamus, quo warranto, habeas corpvs, 
 and such other original and remedial writs as may be 
 necessary to give it a general superintendence and 
 control of all other courts. Fl, 133. 
 — The Justices of the Supreme Court, Chancellors 
 and Judges of the Circuit Court, shall, by virtue of 
 their offices, be conservators of the peace throughout 
 the State. FL, 135. 
 
 — The Circuit Courts shall have original jurisdiction 
 in all matters, civil and criminal, not otherwise 
 excepted in this Constitution. FL, 134. 
 — The Greneral Assembly shall by law authorize the 
 Circuit Court to grant licenses for building toll- 
 bridges, and to establish ferries, and to regulate the 
 tolls of both, to construct dams across streams not 
 navigable ; to ascertain and declare what streams are 
 navigable ; but no special law for such purpose shall 
 be made. Fl, 133. 
 
 — The said [Supreme] court shall have no original 
 jurisdiction, but shall be a court alone for the trial 
 and correction of errors in law and equity from the 
 Superior Courts of the several circuits, and from the 
 City Courts of the cities of Savannah and Augusta, 
 and such other like courts as may be hereafter 
 established in other cities; and shall sit " at the seat 
 of government" at such time or times in each year, 
 as tlie General Assembly shall prescribe, for the trial 
 and determination of writs of error from said courts. 
 Ga., US. 
 
 — The said [Supreme] Court shall dispose of and 
 finally determine every case on the docket of such 
 court, at the first or second term after such writ of 
 error brought, and in case the plaintiff in error shall 
 not be prepared at the first term of such court, after 
 error brought, to prosecute the case, unless precluded 
 by some providential cause from .such prosecution, it 
 shall be stricken fi-ofn the docket, and the judgment 
 below affirmed. And in any case that may occur, the 
 court may, in its discretion, withhold its judgment,until 
 the term next after the argument thereon. Ga., 148. 
 — The Superior Courts shall also have exclusive juris- 
 diction in all criminal cases, except as relates to fines 
 for neglect of duty, contempts of court, violation of 
 road laws, obstructions of water-courses, and in all 
 other minor offenses which do not subject the 
 offender or offenders to loss of life, limb or member, 
 or to confinement in the penitentiary ; jurisdiction of 
 all such cases shall be vested in such County or Cor- 
 poration Courts, or such other courts, judicatures, or 
 tribunals, as now exist, or may hereafter be consti- 
 tuted, under such rules and regulations as the Legis- 
 latm-e may have directed, or may hereafter by law 
 direct. Ga., 148. 
 
 — Tlie Superior Court shall have exclusive jurisdic- 
 tion in all cases of divorce, both total and partial; 
 but no total divorce shall be granted except on the 
 concurrent verdicts of two special juries. In each 
 divorce case the court shall regulate the rights and 
 disabilities of the parties. Ga., 148. 
 The Superior Court shall have exclusive jurisdic- 
 tion in all cases respecting titles to land, which shall 
 be tried in the county where the land lies ; and also 
 in all equity causes which shall be tried in the county 
 where one or more of the defendants reside, against 
 whom substantial relief is prayed. Ga., 148. 
 
 — It shall have appellate jurisdiction in all such cases 
 as may be provided by law. Ga., 149. 
 — It shall have power to issue writs of mandamus, 
 prohibition, scire facias, and all other writs which may 
 be necessary for carrying its powers fully into eflect. 
 Ga., 149. 
 
 — The Superior Court shall have jurisdiction in all 
 other civil cases, and in them the General Assembly 
 may give concurrent jurisdiction to the inierior court, 
 or such other County Courts as they may hereafter 
 create, which cases shall be tried in the county where 
 the defendant resides. Ga., 149. 
 — In cases of joint obligors, or joint promisors or co- 
 partners, or joint trespassers residing in different 
 counties the suit may be brought in either county. 
 Ga., 149. 
 
 — In case of a maker and indorser, or indorsers of 
 promissory notes residing in different counties in this 
 State, the same may be sued in the county where the 
 maker resides. Ga., 149. 
 
 — The Supreme Court may have original jurisdiction 
 in cases relative to the revenue, in cases of man- 
 damus, habeas corpus, and in such cases of impeach- 
 ment as may be by law directed to be tried before it, 
 and shall have appellate jurisdiction in all other cases. 
 Ill, 160. 
 
 — On the first Monday of December, one thousand 
 eight hundred and forty-eight, jurisdiction of all suits 
 and proceedings, then pending in the present Supreme 
 Court, shall become vested in the Supieme Court 
 established by this Constitution, and shall be finally 
 adjudicated by the Court where the same may be 
 pending. The jurisdiction of all suits and proceedings 
 then pending in Circuit Courts of the several counties 
 shall be vested in the Circuit Courts of said counties. 
 Ill, 168. 
 
 — The Judges of the Supreme Court, elected as afore- 
 said, shall have and exercise the powers and jui'isdic- 
 tion conferred upon the present Judges of that Court; 
 and the said Judges of the Circuit Courts shall have 
 and exercise the powers and jurisdictions conferred 
 upon the Judges of those Courts, subject to the pro- 
 visions of this Constitution. Ill, 168. 
 — The Supreme Court shall have jurisdiction co- 
 extensive with the limits of the State, in appeals and 
 writs of error, under such regulations and restrictions 
 as may be prescribed by law. It shall also have such 
 original jurisdiction as the General Assembly may 
 confer. Jnd., 177. 
 
 — All judicial officers shall be conservators of the 
 peace in their respective jurisdictions. Ind.. 177 ; 
 (nearly similar), Ky., 215; La., 231; Md.^ 266; 
 Mich., 306; Tex., 511. 
 
 — The Supreme Court shall have appellate jurisdiction 
 only in all cases in chancery, and shall constitute a 
 Court for the Correction of Errors at law, under such 
 restrictions as the General Assembly may, by law, 
 prescribe; and shall have power to issue all writs and 
 process necessary to secure justice to parties, and 
 exercise a supervisory control over all inferior judicial 
 tribunals throughout the State. Iowa, 189. 
 — The Judges of the Supreme and District Courts 
 shall be conservators of the peace throughout the 
 same. Iowa, 189. 
 
 — The District Court shall be a court of law and 
 equity, which shall be distinct and separate jurisdic • 
 tions, and have jurisdiction in civil and criminal 
 matters arising in their respective districts, in such 
 manner as shall be prescribed by law. Iowa, 189. 
 — The Supreme Court shall have original jurisdiction 
 in proceedings in quo warranto, mandamtis, and habeas 
 corpus; and such appellate jurisdiction as may be 
 provided by law. It shall hold one term each year 
 at the seat of government, and such other terms at 
 such places as may be provided by law, and its juris- 
 diction shall be co extensive with the State. Sim., 200. 
 — The District Courts shall have such jurisdiction in 
 their respective districts as may be provided by law. 
 Kan., 201. 
 
 — The several Justices and Judges of the Courts of 
 record in this State shall have such jurisdiction at 
 chambers as may be provided by law. Kan., 201. 
 
120 
 
 — The jurisdiction of said [Circuit] Court shall be and 
 remain as now established, hereby giving to the 
 General Assembly the power to change or alter it. 
 Ky., 216. 
 
 — The Supreme Court, except in cases hereafter pro- 
 vided, shall have appellate jurisdiction only; which 
 jurisdiction shall extend to all cases when the matter 
 in dispute shall exceed three hundred dollars; to all 
 cases in which the constitutionality or legality of any 
 tax, toll or impost whatsoever, or of any fine, forfeit- 
 ure or penalty imposed by a municipal corporation, 
 shall be in contestation; and to all criminal cases on 
 questions of law alone, whenever the offense charged 
 is punishable with death or imprisonment at hard^ 
 labor, or when a fine exceeding three hundred dollars 
 is actually imposed, ia., 231. 
 — The Supreme Court, and each of the Judges thereof, 
 shall have power to issue writs of habeas corpns, at 
 the instance of all persons in actual custody under 
 process, in all cases in which they may have appellate 
 jurisdiction. La., 231. 
 
 — The Legislature shall have power to vest in clerks 
 of courts authority to grant such orders, and do such 
 acts as may be deemed necessary for the furtherance 
 of the administration of justice, and in all cases the 
 powers thus granted shall be specified and deter- 
 mined. La., 232. 
 
 — The judge or judges of any court of this State, 
 except the Court of Appeals, shall order and direct 
 the record of proceedings in any suit of action, issue 
 or petition, presentment or indictment pending iu 
 such court, to be transmitted to some other court in the 
 same or any adjoining circuit having jurisdiction in 
 such cases, whenever any party to such cause, or the 
 counsel of any party shall make it satisfactorily appear 
 to the court that such party cannot have a fair and 
 impartial trial in the court in which such suit or action, 
 issue or petition, presentment or indictment is pend- 
 ing ; and the General Assembly shall make such 
 modifications of existing law as may be necessary to 
 regulate and give force to this provision. Md., 266. 
 — The several courts, except as herein otherwise pro- 
 vided, shall continue with like powers and jurisdic- 
 tion, both at law and in equity, as if this Constitution 
 had not been adopted, and until the organization of 
 the Judicial Department provided by this Constitu- 
 tion. Md., 276. 
 
 — The trial by jury of all issues of fact in civil pro- 
 ceedings in the several courts of law in this State, 
 where the amount in controversy exceeds the sura of 
 five dollars, shall be inviolably preserved. Md., 277. 
 — One court shall be held in each' county of the State : 
 the said courts shall be called Circuit Courts for the 
 county in which they may be held, and shall have 
 and exercise all the power, authority and jurisdiction, 
 original and appellate, which the present Circuit 
 Courts of this State now have and exercise, or which 
 may hereafter be prescribed by law. Md., 267. 
 — The Circuit Courts shall have original jurisdiction 
 in all matters civil and criminal, not excepted in this 
 Constitution, and not prohibited by law ; and appel- 
 late jurisdiction from all inferior courts and tribunals, 
 and a supervisory control of the same. They shall 
 also have power to issue writs of habeas corpus, man- 
 damus, injunctions, quo warranto, certiorari, and other 
 writs necessary to carry into effect their orders, judg- 
 ments, and decrees, and give them a general control 
 over inferior courts and tribunals within their respec- 
 tive jurisdictions. Mich., 306. 
 
 — The Supreme Court shall have a general superin- 
 tending control over all inferior courts, and shall have 
 power to issue writs of error, habeas corpus, man- 
 damus, quo warranto, procedendo, and other original 
 and remedial writs, and to hear and determine the 
 same. In all other cases it shall have appellate juris- 
 diction only. Mich., 305. 
 
 — The Supreme Court shall have original jurisdiction 
 in such remedial cases as may be prescribed by law, 
 and appellate jurisdiction in all cases, both in law and 
 equity, but tliere shall be no trial by jury in said 
 court. Min., 324. 
 — The District Courts shall have original jurisdiction 
 
 in all civil cases, both in law and equity, where the 
 amount in controversy exceeds one hundred dollars, 
 and in all criminal cases where the punishment shall 
 exceed three months' imprisonment, or a fine of more 
 than one hundred dollars, and shall have such appel- 
 late jurisdiction as may be prescribed by law. The 
 Legislature may provide by law that the judge of 
 one district may discharge the duties of the judge of 
 any other district not his own, when convenience or 
 the public interest may require it. Min., 324. 
 — The Circuit Court shall have original jurisdiction 
 in all matters, civil and criminal, within this State ; 
 but in civil cases only when the principal of the sum 
 in controversy exceeds fifty dollars. Miss., 339. 
 — The judges of all the courts of the State, and also 
 the members of the Board of County Police, shall in 
 virtue of their offices be conservators of the peace, 
 and shall be by law vested with ample power in this 
 respect. Miss., 340. 
 
 — The Supreme Court, except in cases otherwise 
 directed by this Constitution, shall have appellate 
 jurisdiction only, which shall be co-extensive with 
 the State, under the restrictions and limitations in 
 this Constitution provided. Mo., 357. 
 — The Supreme Court shall have a general superin- 
 tending control over all inferior courts of law. It 
 shall have power to issue writs of habeas corpus, 
 mandamus, quo warranto, certiorari, and other original 
 remedial writs, and to hear and determine the same. 
 Mo., 357. 
 
 — The Circuit Court shall have jurisdiction over all 
 criminal cases, which shall not be otherwise provided 
 for by law ; and exclusive original jurisdiction in all 
 civil cases, which shall not be cognizable before Jus- 
 tices of the Peace, until otherwise directed by the 
 General Assembly. It shall hold its terms at such 
 time and place in each county, as may be by law 
 directed. Mo., 358. 
 
 — The Circuit Court shall exercise a superintending 
 control over all such inferior tribunals as the General 
 Assembly may establish, and over Justices of the 
 Peace in each county in their respective circuits. Mo., 
 359. 
 
 — The jurisdiction of the several courts herein pro- 
 vided for, both appellate and original, shall be as fixed 
 by law ; Provided, That Probate Courts, Justices of 
 the Peace or any inferior court that may be estab- 
 lished by the Legislature shall not have jurisdiction 
 in any matter wherein the title or boundaries of land 
 may be in dispute. Nor shall either of the courts 
 mentioned in this proviso have power to order or 
 decree the sale or partition of real estate ; And, pro- 
 vided further, That Justices of the Peace and such 
 inferior courts as may be establlfehed by the Legisla- 
 ture, shall not have jurisdiction when the debt or sum 
 claimed shall exceed one hundred dollars ; and the 
 jurisdiction of the District and Probate Courts, and 
 Justices of the Peace shall be uniform throughout the 
 State. Mb., 379. 
 
 — The Supreme Court shall have appellate jurisdic- 
 tion only except in cases relating to revenue, man- 
 damus quo warranto, habeas corpus, and such cases 
 of impeachment as may be required to be tried 
 before it ; and both the Supreme and District Courts 
 shall have both chancery and common law jurisdic- 
 tion. Neb., 375. 
 
 — The Supreme Court shall have appellate jurisdic- 
 tion in all cases in equity ; also in all cases at law in 
 which is involved the title or right of possession to, 
 or the possession of real estate or mining claims, or 
 the legality of any tax, impost, assessment, toll, or 
 municipal fine, or in which the demand, exclusive of 
 interest or the value of the property in controversy, 
 exceeds three hundred dollars ; also in all other civil 
 oases not included in the general subdivisions of law 
 and equity, and also on questions of law alone in all 
 criminal cases in which the offense charged amounts 
 to felony. The court shall also have power to issue 
 writs of mandamus, certiorari, prohibition, quo war- 
 ranto, habeas corpus, and also all writs necessary or 
 proper to the complete exercise of its appellate juris- 
 diction. Each of the justices shall have power to issue 
 
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129 
 
 1 S 9- The classification of the justices of the Supreme Court, the times and 
 
 2 place of holding the terms of the Court of Ajjpeals, and of the general and 
 
 3 special terms of the Supreme Court within the several districts, and the 
 
 4 Circuit Courts and Courts of Oyer and Terminer within the several counties, 
 
 5 shall be provided for by law. 
 
 1 § 10. The testimony in equity cases shall be taken in like manner as in 
 
 2 cases at law. 
 
 1 S 11. Justices of the Supreme Court and judges of the Court of Appeals 
 
 2 may be removed by concurrent resolution of both Houses of the Legislature, 
 
 3 if two-thirds of all the members elected to the Assembly, and a majority of 
 
 EEMOVAL OP JUDGES. 
 
 — ^For any -willful neglect of duty, or any other rea- 
 sonable cause, which shall not be sufficient ground of 
 impeachment, the Grovernor shall remove any judge, 
 on the address of two-thirds of each House of the 
 General Assembly : Provided, That the cause, or 
 causes for which said removal may be required, shall 
 be stated at length in such address, and entered on 
 the journals of each House. And provided further, 
 that the Judge intended to be removed shall be noti- 
 fied of such cause or causes, and shall be admitted to 
 a hearing in his own defense, before any vote for 
 such address ; and in all such cases, the vote shall be 
 taken by yeas and nays, and be entered on the jour- 
 nals of each House respectively. Ah,., (nearly 
 similar), Tex., 511. 
 
 — The Judges of the Supreme Court of Errors and of 
 the Supreme Court, appointed in the year 1855, and 
 thereafter shall hold their offices for the term of 
 eight years, but may be removed by impeachment, 
 and the Governor shall also remove them on the 
 address of two-thirds of each House of the General 
 Assembly. No Judge of the Supreme Court of 
 Errors, or of the Superior Court, shall be capable 
 of holding office after he shall have arrived at the 
 age of seventy years. Ct., 115. 
 — The Judges of the Supreme Court and of the Supe- 
 perior Court shall hold their offices during good 
 behavior, but may be removed by impeachment; and 
 the Governor shall also remove them on the address 
 of two thirds of the members of each House of the 
 Geni'ral Assembly ; all other Judges and Justices of 
 the Peace shall be appointed annually. No Judge or 
 Justice of the Peace shall be capable of holding his 
 office afier he shall have arrived at the age of seventy 
 years. Ct., 111. 
 
 — The Governor may, for any reasonable cause, in 
 his uiacretion, remove any of them on the address of 
 two-thirds of all the members of each branch of the 
 General Assembly, In all cases where the Legisla- 
 ture shall so address the Governor, the cause of 
 removal shall be entered on the journals of each 
 House. The Judge against whom the Legislature 
 may be about to proceed, shall receive notice thereof, 
 accompanied with the causes alleged for his removal, 
 at least five days before the day on which either 
 House of the General Assembly shall act thereupon. 
 Del, 123. 
 
 For any reasonable cause, to be entered on the 
 
 journals of each House, which shall not be sufficient 
 ground for impeachment, both Justices of the Su- 
 preme Court, and Judges of the Circuit Court, shall 
 be removed from office, on the vote of two-thirds of 
 the members elected to each branch of the General 
 Assembly; Provided, always, That no member of 
 either House of the General Assembly shall be eligir 
 33 
 
 ble to fill the vacancy occasioned by such removal ; 
 Provided, also, That no removal shall be made unless 
 the Justice or Judge complained of shall have been 
 served with a copy of the complaint against himj 
 and shall have an opportunity of being heard in his 
 defense. III., 160. 
 
 — Any Judge or Prosecuting Attorney who shall 
 have been convicted of corruption or other high 
 crime, may, on information in the name of the State, 
 be removed from office by the Supreme Court, or 
 in such other manner as may be prescribed by law. 
 Ind., 177. 
 
 — Justices of the Supreme Court and Judges of the 
 District Courts may be removed from office by reso- 
 lution of both Houses if two-thirds of the members 
 of each House concur. But ho such removal shall be 
 made except upon complaint, the substance of which 
 shall be entered upon the journal nor until the party 
 charged shall have had notice and opportunity to be 
 heard. Kan., 201 ; (nearly similar), Olmt, 438. 
 — That the independency and uprightness of judges 
 are essential to the impartial administration of justice, 
 and a great security to the rights and liberties of the 
 people ; wherefore the judges shall not be removed, 
 except for misbehavior, on conviction in a court of 
 law, or by the Governor, upon the address of the 
 General Assembly ; Provided, That two-thirds of all 
 the members of each House concur in such address. 
 No judge shall hold any other office, civil or military, 
 no political trust or employment of any kind whatso- 
 ever, under the Constitution or laws of this State, or 
 of the United States, or any of them, or receive fees 
 or perquisites of any kind for the discharge of his 
 official duties. Md., 2hb. 
 
 — Any judge shall be removed from office by the 
 Governor on conviction in a court of law, of incom- 
 petency, of willful neglect of duty, of misbehavior in 
 office, or on any other crime; or on impeachment 
 according to this Constitution, or the laws of the 
 State; or on the address of the General Assembly, 
 two-thirds of each House concurring in such address, 
 and the accused having been notified of the charges 
 against him, and had opportunity of making his 
 defense Md., 266. 
 
 — Judges of the County Court and Justices of the 
 Peace, Sheriffs, Coroners, Surveyors, Jailors, County 
 Assessor, Attorney for the County, and Constables, 
 shall be subject to indictment or presentment for 
 malfeasance or misfeasance in office, or willful neglect 
 in the discharge of their official duties, in such mode 
 as may be prescribed by law, subject to appeal to the 
 Court of Appeals , and, upon conviction, their offices 
 shall become vacant. Ky., 217. 
 — The Legislature of this State may provide for the 
 removal of inferior officers fi-om office, for malfeasance 
 or nonfeasance in the performance of their duties. 
 Mn., 329. 
 
130 
 
 4 all the members elected to the Senate concur therein. All judicial oflBcers, 
 
 5 except those mentioned in this section, and except justices of the peace, and 
 
 6 judges and justices of inferior courts not of record, may be removed by the 
 
 7 Senate on the recommendation of the Governor ; but no removal shall be 
 
 8 made by virtue of this section, unless the cause thereof be entered on the 
 
 9 journals, nor unless the party complained of shall have been served with a 
 
 10 copy of the complaint against him, and shall have had an opportunity of 
 
 11 being heard in his defense. On the question of removal the ayes and noes 
 
 12 shall be entered on the journals. 
 
 — The judges of the several courts of this State, for 
 willful neglect of duty or other reasonable cause, shall 
 be removed by the Governor on the address of two- 
 thirds of both Houses of the Legislature; the address 
 to be by joint vote of both Houses. The cause or 
 causes for which such removal shall be required, shall 
 be stated at length in such address, and on the jour- 
 nals of each House. The judge so intended to be 
 removed shall be notified and admitted to a hearing 
 in his own defense before any vote for such address 
 shall pass ; the vote on such address shall be taken 
 by yeas and nays, and entered on the journals of each 
 House. Miss., 340. 
 
 — Judges of Probate, Clerks, Sheriffs and other county 
 officers, for willful neglect of duty, or misdemeanor 
 in office, shall be liable to presentment or indictment 
 by a grand jury, and trial by a petit jury, and upon 
 conviction shall be removed from office. Miss., 340. 
 — Any Judge of the Supreme Court or the Circuit 
 Court, may be removed from office, on the address of 
 two-thirds of each House of the General Assembly to 
 the Governor for that purpose; but each House shall 
 state, on its respective journal, the cause for which it 
 shall wish the removal of such judge, and give him 
 notice thereof; and he shall have the right to be 
 heard in his defense, in such manner as the General 
 Assembly shall by law direct ; but no judge shall be 
 removed in this manner for any cause for which he 
 might have been impeached. Mo., 359. 
 TT-For any reasonable cause to be entered on the 
 journals of each House, which may or may not be 
 sufficient grounds for impeachment, the Chief Justice 
 and Associate Justices of the Supreme Court, and 
 Judges of the District Courts, shall be removed from 
 office on the vote of two-thirds of the members elected 
 to each branch of the Legislature, and the justice or 
 judge complained of shall be served with a copy of 
 the complaint against him, and shall have an oppor- 
 tunity of being heard in person or by counsel in his 
 defense ; Provided, That no member of either branch 
 of the Legislature shall be eligible to fill the vacancy 
 occasioned by such removal. Nea., 388. 
 — ^No judicial officer shall be superseded, nor shall the 
 organization of the several Courts of the Territory of 
 Jifevada be changed until the election and qualifica- 
 tion of the several officers provided for in this article. 
 Nev., 388. 
 
 !— The Governor, with consent of the Council, may 
 remove judges, upon the address of both Houses of 
 ^he Legislature. N. H., 408. 
 
 ^rrAny Judge of the Supreme Court, or of the Supe- 
 rior Courts, may be removed from office for mental 
 pr physical inability, upon a concurrent resolution of 
 two-thirds of both branches of the General Assembly. 
 The Judge, against whom, the Legislature may be 
 about to proceed, shall receive notice thereof, accom- 
 panied by a copy of the cause alleged for his removal, 
 at least twenty days before the day on which either 
 branch of the General Assembly shall act thereon. 
 N. a, 429. 
 
 — The salaries of the Judges of the Supreme Court, 
 or of the Superior Courts, shall not be diminished 
 during their continuance in office. N. C, 429. 
 — The Governor may remove from office a Judge of 
 the Supreme Court, or prosecuting attorney, upon 
 the joint resolution of the Legislative Assembly, in 
 which two-thirds of the members elected to each 
 House shall concur, for incompetency, corruption, 
 malfeasance, or delinquency in office, or other suffi- 
 cient cause, stated in such resolution. Or., 495. 
 — Judges and Attorneys for the State, may be 
 removed from office by a concurrent vote of both 
 Houses of the General Assembly, each House voting 
 separately; but two-thirds of all the members elected 
 to each House must concur hi such vote ; the vote 
 shall be determined by ayes and noes, and the names 
 of the members voting for or against the judge or 
 attorney for the State, together with the cause or 
 causes of removal, shall be entered on the journals of 
 each House respectively. The judge or attorney for 
 the State, against whom the Legislature may be 
 about to proceed, shall receive notice thereof accom- 
 panied with a copy of the causes alleged for his 
 removal, at least ten days before the day on which 
 either House of the General Assembly shall act 
 thereupon. Term., 496. 
 
 — For any reasonable cause which shall not be suffi- 
 cient grounds of impeachment, the Governor shall 
 remove any of them on the address of two-thirds of 
 each branch of the Legislature. Pa., 470. 
 — Judges may be removed from office by a concur- 
 rent vote of both Houses of the General Assembly, 
 but a majority of all the members elected to each 
 House must concur in such vote ; and the cause of 
 removal shall be entered on the journal of each 
 House. The judge against whom the General 
 Assembly may be about to proceed, shall receive 
 notice thereof, accompanied by a copy of the causes 
 alleged for his removal, at least twenty days before 
 the day on which either House of the General 
 Assembly shall act thereupon. Va., 542. 
 —Judges may be removed from office for misconduct, 
 incompetence, or neglect of duty, or on conviction of 
 an infamous offense, by the concurrent vote of a 
 majority of all the members elected to each branch 
 of the Legislature, and the cause of removal shall be 
 entered on the journals. The judge against whom 
 the Legislature may be about to proceed, shall receive 
 notice thereof, accompanied by a copy of the causes 
 alleged for his removal, at least twenty days before 
 the day on which either branch of the Legislature 
 shall act thereon. W. Va., 553. 
 — Any judge of the Supreme or Circuit Court may be 
 removed from office by address of both Houses of the 
 Legislature, if two-thirds of all the members elected 
 to each House concur therein, but no removal shall 
 be made by virtue of this section, unless the judge 
 complained of shall have been served with a copy of 
 the charges against him, as the ground of address, 
 and shall have had an opportunity of being heard in 
 
131 
 
 1 S 12. The judges of the Court of Appeals shall be elected by the electors 
 
 2 of the State, and the justices of the Supreme Court by the electors of the 
 
 3 several judicial districts, at such times as may be prescribed by law. 
 
 1 § 13. In case the oflBce of any judge of the Court of Appeals, or justice of 
 
 2 the Supreme court shall become vacant before the expiration of the regular 
 
 3 term for which he was elected, the vacancy may be filled by appointment by 
 
 4 the Governor, until it shall be supplied at the next general election of judges, 
 
 5 when it shall be filled by election for the residue of the unexpired term. 
 
 his defense. On the question of removal, the ayes 
 and noes shall be entered on the journals. Wis., 667. 
 — Every person appointed a Justice of the Peace shall 
 hold his office for four years, unless removed by the 
 County Court, for causes particularly assigned by the 
 judges of the said court. And no Justice of the Peace 
 shall be removed, until he shall have notice of the 
 charges made against him, and an opportunity of 
 being heard in his defense. N. T. (1821), 39. 
 
 ELECTION OR APPOINTMENT OF JUDGES. 
 
 — The Governor shall nominate, by message in writ- 
 ing, and, with the consent of the Senate, shall appoint 
 all Judicial officers, except justices of the peace. N. 
 T. (1821), 39. 
 
 —Judges of the Supreme Court and Chancellors, shall 
 be elected by a joint vote of both Houses of the 
 General Assembly ; Judges of the Circuit and Probate 
 Courts, and of such other inferior courts as may be 
 by law established, shall be elected by the qualified 
 electors of the respective counties, cities, or districts, 
 for which such courts may be established. Elections 
 of judges by the people shall be held on the first Mon- 
 day in May, or such other day as may be by law 
 prescribed, not within a less period than two months 
 of the day fixed by law for the election of Governor, 
 members of the General Assembly, or members of 
 Congress. Ala., 80. 
 
 — The Justices of the Supreme Court shall be elected 
 by the qualified electors of the State, at special elec- 
 tions, to be provided by law, at which elections no 
 officer other than judicial shall be elected, except a 
 Superintendent of Public Instruction. Tlie first elec- 
 tion for Justices of the Supreme Court shall be held 
 in the year 1863. The justices shall hold their offices 
 for the term of ten years from the first day of Janu- 
 ary next after their election, except those elected at 
 the first election, who, at their first meeting, shall so 
 classify themselves by lot, that one justice shall go 
 out of office every two years. The justice having the 
 shortest term to serve shall be chief justice. Cal, 
 (amendment of 1862.) 
 
 — The Judges of the Supreme Court of Errors, of the 
 Superior and Inferior Courts, and all Justices of the 
 Peace, shall be appointed by the General Assembly, 
 in such manner as shall by law be prescribed. Ct, HI. 
 — The Judges of Probate shall be appointed by the 
 electors residing in the several probate districts, and 
 qualified to vote for representatives therein, in such 
 manner as shall be prescribed by law. Ct. 115. 
 — The Justices of the Peace for the several towns in 
 this State shall be appointed by the electors in such 
 towns ; and the time and the manner of their elec- 
 tion, the number for each town, and the period for 
 which they shall hold their offices, shall be prescribed 
 by law. Ct., 115. 
 
 — [Judges appointed by Governor.] Bel, 119. 
 — The Attorney-General, Registers in Chancery, 
 Prothonotaries, Registers, Clerks of the Orphans' 
 Court and of the Peace, shall respectively be com- 
 
 missioned for five years, if so long they shall behave 
 themselves well ; but may be removed by the Gov- 
 ernor within that time on conviction of misbehavior 
 in office, or on the address of both Houses of the 
 Legislature. Prothonotaries, Registers in Chancery, 
 Clerks of the Orphans' Court, Registers, Recorders, 
 and Sheriffs, shall keep their offices in the town or 
 place in each county in which the Superior Court is 
 usually held. Del, 125. 
 
 — The Governor shall have power to commission a 
 Judge ad lUem to decide any cause in which there is 
 a legal exception to the Chancellor or any judge, so 
 that such appointment is necessary to constitute a 
 quorum in either court. The commission in such 
 case shall confine the office to the cause, and it shall 
 expire on the determination of the cause. The Judge 
 BO appointed shall receive a reasonabje compensation, 
 to be fixed by the General Assembly. A Member 
 of Congress, or any person holding or exercising an 
 office under the United States, shall not be disquali- 
 fied from being appointed a Judge ad Utem.\ Del, 
 122. 
 
 — There shall be appointed by the Governor, by and 
 with the advice and consent of the Senate, a Chief 
 Justice and two Associate Justices of the Supreme 
 Court of this State, who shall reside in this State, 
 and hold their office for the term of six years from 
 their appointment and confirmation, unless sooner 
 removed under the provisions of this Constitution, 
 for the removal of judges by address or impeach- 
 ment; and for willful neglect of duty or other reason- 
 able cause, which shall not be sufficient ground for 
 impeachment, the Governor shall remove any of 
 them on the address of two-thirds of the General 
 Assembly ; Provided, however. That the cause or 
 causes shall be notified to the judge so intended to 
 be removed, and he shall be admitted to a hearing in 
 his own defense, before any vote for such removal 
 shall pass, and in such case, the vote shall be taken 
 by yeas and nays, and entered on the journal of each 
 House respectively, and in case of the appointment 
 to fill a vacancy in said offices, the person so ap- 
 pointed shall only hold office for the unexpired term 
 of his predecessor. Fl, 134. 
 
 — There shall be elected, at the time and places pre- 
 scribed by law, by the qualified electors of each of 
 the respective Judicial Circuits of this State, one 
 Judge of the Circuit Court, who shall reside in the 
 circuit for which he may be elected, and the said 
 Circuit Judges shall continue in office for the term of 
 six years from the date of their respective elections, 
 unless sooner removed, under the provisions in this 
 Constitution for the removal of Judges by address or 
 impeachment; and for willful neglect of duty, or 
 other reasonable cause, which shall not be sufficient 
 for impeachment, the Governor shall remove any of 
 them on the address of two-thirds of the General 
 Assembly; Provided, however, That the cause or 
 causes shall be stated at length in such address and 
 entered on the journal of each House; And pro- 
 vided, further. That the cause or causes shall be noti- 
 fied to such judge so intended to be removed, and he 
 
132 
 
 shall be admitted to a hearing in his Own " defense 
 before any vote or votes for such removal shall pass; 
 and in such cases the vote shall be taken by yeas 
 and nays, and entered on the journals of each House, 
 respectively. Fl., 134. 
 
 — The appointment of Chief Justice and Associate 
 Justices of the Supreme Court shall be made every 
 sixth year after their first appointment, and the e\ec- 
 tion of Judges of the Circuit Court, and Judges or 
 Chancellors of the Chancery Court, when established, 
 shall be held in every sixth year after their first elec- 
 tion, at the same time and places as the elections for 
 members of the General Assembly. Ky., 134. 
 — Tlie Judges of the Sraperior Coui'ts shall be duly 
 elected on tlie first Wednesday in January, until the 
 Legislature shall otherwise direct, immediately before 
 the expiration of the term for which they or either 
 of them may have been appointed or elected, from 
 the circuits in which they are to serve, by a majority 
 vote of the people of the circuit qualified to vote for 
 members of the General Assembly, for the term of 
 four years — vacancies to be filled as is provided by 
 the laws of force prior to January 1, 1861 — and 
 shall continue in office until their successors shall be 
 elt'Cted and qualified; removable by the Governor on 
 the address of two-thirds of each branch of the 
 General Assembly, or by impeachment and conviction 
 thereon. Ga., 148. 
 
 — The Supreme Court shall consist of three judges, 
 who shall be elected by the General Assembly, for 
 such terms of years — not less than six — as shall be 
 presciibed by law, and shall continue in office until 
 their successors shall be elected and qualified; re- 
 movable by the Governor on the address of two- 
 thirds of each branch of the General Assembly, or by 
 impeachment and conviction thereon. Qa., 148. 
 -^Tlie first election for Justices of the Supi'eme Court 
 and Judges of the Circuit Courts shall be held on the 
 first Monday of September, 1848. Ill, 160. 
 — The second election for one Justice of the Supreme 
 Court shall be held on the first Monday of June, 1852; 
 and every three years thereafter an election shall be 
 held for one Justice of the Supreme Court. IV.., 160. 
 — On the first Monday of June, 1855, and every sixth 
 year thereafter, an election shall be held for Judges 
 of the Circuit Courts; Provided, whenever an addi- 
 tional circuit is created, such provision may be made 
 as to hold the second election of such additional judge 
 at the regular election herein provided. lU., 160. 
 — All Judges and State's Attorneys shall be commis- 
 sroned by the Governor. III., 161. 
 — Elections of Judges of the Supreme and Circuit 
 Courts shall be subject to be contested. Ill, 169. 
 — That at the first election fixed by this Constitution 
 for the election of Judges, there shall be elected one 
 Circuit Judge in each of the nine judicial circuits 
 now established in this State. lU., 167. 
 — The State shall be divided into as many districts 
 as there are judges of the Supreme Court; -and such 
 districts shall be formed of contiguous territory, as 
 nearly equal in population as, without dividing a 
 county, the same can be made. One of said judges 
 shall be elected from each district, and reside therein ; 
 but said judges shall be elected by the electors of the 
 State at large. Ind., 176. 
 
 — The Judges of the Supreme Court shall be elected 
 by the qualrfied voters of the State, and shall hold 
 their court at such time and place as the General 
 Assembly may prescribe. The Supreme Judges so 
 elected shall be classified so that one Judge shall go 
 out of office every two years; and the Judge holding 
 the shortest term of office under such classification, 
 shall be Chief Justice of the court during his term, 
 and so on in r'otation. After the expiration of their 
 terms of office, under such classification, the term of 
 each Judge of the Supreme Court shall be six years, 
 and until his successor shall have been elected and 
 qualified. The Judges of the Supreme Court shall 
 be ineligible to any other office in the Slate, during 
 the term for "which they shall have been elected. 
 Iowa, 189. 
 — The first election for Judges of the Supreme Court, 
 
 and such county officers as shall be elected at the 
 August election, in the year one thousand eight 
 hundr'ed and fifty-seven, ^hall be, held on the second 
 Tuesday of October-, in the year one thousand eight 
 hundred and fifty-nine. Iowa, 1S5. 
 — The District Court shall consist of a single judge, 
 who shall be elected by the qualified voters of the 
 district in which he resides. The Judge of the Dis- 
 trict Court shall hold his office for the term of four 
 years, and until his successor shall have been elected 
 and qualified, and shall be ineligible to any other 
 office, except that of Supreme Judge, during the term 
 for which he was elected. ■ Iowa, 189. 
 — The Judges of the Supreme and District Courts 
 shall be chosen at the general election, and the term 
 of office of each judge shall commence on the first 
 day of January next after his election. Iowa, 190. 
 — The Chief Justice and two Associate Justices shall 
 be elected by the electors of the State at large, and 
 whose term of office, after the first, shall be for six 
 years. At the first election a Chief Justice shall be 
 chosen for six years, one Associate Justice for four 
 years, and one for two years. Kan., 200. 
 — All the judicial officers provided for by this article 
 shall be elected at the first election Under this Con- 
 stitution, and shall reside in their respective town- 
 ships, counties or districts, during their respective 
 terms of office. 
 
 — The first election of the Judges and Clerks of the 
 Court of Appeals shall take place on the second Mon- 
 day in May, 1851, and thereafter, in each district as 
 a vacancy may occur, by the expiration of the term 
 of office ; and the judges of the said court shall be 
 commissioned by the Governor. Ky., 215. 
 — The General Assembly shall provide by law the 
 manner of conducting and making due return of all 
 elections of Judges of the County Court and Justices 
 of the Peace, and for determining contested elections, 
 and provide the mode of filling vacancies in these 
 offices. Ky., 217. 
 
 — They shall be commissioned by the Governor. Ky., 
 217. 
 
 — The first election of Judges of the Circuit Court 
 shall take place on the second Monday in May, 1851 ; 
 and afterward, on the first Monday in August, 1856, 
 and on the first Monday in August every sixth year 
 thereafter. Ky., 216. 
 
 — All persons qualified to vote for members of the 
 General Assembly, in each district, shall have the 
 right to vote forjudges. Ky., 216. 
 — The Judges of the Supreme Court shall be ap- 
 pointed by the Governor, by and with the advice 
 and consent of the Senate, for a term of eight years; 
 the judges of the inferior courts for u term of six 
 years. La., 232. 
 
 [Judges appointed by the Governor and Council.] 
 Me., 244. 
 
 — The Judges of the Court of Appeals shall be elected 
 by the qualified voters of the State; and the Gover- 
 nor, by and with the advice and consent of the 
 Senate, shall designate the Chief Justice; and the 
 judges of the judicial circuits shall be elected by 
 the qualified voters of their respective circuits; each 
 Judge of the Court of Appeals and of each judicial 
 circuit shall hold his office for the term of fifteen 
 years from the time of his election, or until he shall 
 have attained the age of seventy years, whichever 
 may first happen, and be re-eligible thereto until he 
 shall have attained the age of seventy years, and not 
 after. Md., 265. 
 
 — All election of judges and other officers, provided 
 for this Constitution, State's Attorneys excepted, 
 shall be certified and the returns made by the Clerks 
 of the respective counties to the Governor, who shall 
 issue commissions to the different persons for the 
 offices to which they shall have been respectively 
 elected ; and in all such elections, the person having 
 the greatest number of votes shall be declared to be 
 elected. Md.. 266. 
 
 — If in any case of election for Judges, Clerks of the 
 Courts of Law, and Registers of Wills, the opposing 
 candidates shall have an equal number of votes, it 
 
133 
 
 shall be the duty of the Governor to order a new 
 election ; and in case of any contested election the 
 Governor shall send the return to the House of Dele- 
 gates, who shall judge of the election and qualification 
 of the candidates at such election. Md., 266. 
 — The judges of the several courts of this State, 
 except the Judges of the Orphans' Court, shall be 
 elected at the regular election, whether for State or 
 County officers, as the case may be, immediately 
 preceding the expiration of the term of the incum- 
 bent whose place is to be filled. Md., 277. 
 — All judicial officers, the Attorney-General, the 
 Solicitor-General, all Sheriffs, Coroners and Registers 
 of Probate, shall be nominated and appointed by the 
 Governor, by and with the advice and consent of the 
 Council ; and every such nomination shall be made 
 by the Governor, and made at least seven days prior 
 to such appointment. Mass., 288. 
 — Judicial officers of cities and villages shall be elected, 
 and all other officers shall be elected or appointed at 
 such time and in such manner as the Legislature may 
 direct. Mick, 313. 
 
 — The first election of Judges of the Circuit Courts 
 shall be held on the first Monday in April, one thou- 
 sand eight hundred and fifty-one, and every sixth 
 year thereafter. Whenever an additional circuit is 
 created, provision shall be made to hold the subse- 
 quent election of such additional judges at the regular 
 elections herein provided. Mich., 306. 
 — All judges other than those provided for in this 
 Constitution shall be elected by the electors of the 
 judicial district, county, or city, for which they shall 
 be created, nor for a longer term than seven years. 
 Minn., 325. 
 
 — There shall be elected in each county where a 
 District Court shall be held, one clerk of said court, 
 whose qualifications, duties and compensation shall 
 be prescribed by law, and whose term of office shall 
 be four years. Minn., 325. 
 
 -^The High Court of Errors and Appeals shall consist 
 of three judges, any two of whom shall form a quo- 
 rum. The Legislature shall divide the State into 
 three districts, and the qualified electors of each dis- 
 trict shall elect one of said judges for the term of six 
 years. Miss., 339. 
 
 — The Secretary of State, on receiving all the official 
 returns of the first election, shall proceed, forthwith, 
 in the presence and with the assistance of two Jus- 
 tices of the Peace, to determine by lot among the 
 three candidates having the highest number of votes, 
 which of said judges elect shall serve for the term of 
 two years, which shall serve for the term of four 
 years, and which shall serve for the term of six years, 
 and having so determined the same, it shall be the 
 duty of the Governor to issue commissions accord- 
 ingly. Miss., 339. 
 
 — The Judges of the Circuit Court shall be elected 
 by the qualified electors of each Judicial District, 
 and hold their offices for the term of four years, and 
 reside in their respective districts. Miss., 339. 
 — The Legislature shall provide by law for determin- 
 ing contested elections of Judges of the High Court 
 of Errors and Appeals, of the Circuit and Probate 
 Courts, and other officers. Miss., 340. 
 — At the general election in the year one thousand 
 eight hundred and sixty-eight, all the Judges of the 
 Supreme Court shall be elected by the qualified 
 voters of the State, and shall enter upon their office 
 on the first Monday of January next ensuing. At 
 the first session of the court thereafter the judges 
 shall, by lot, determine the duration of their several 
 terms of office, which shall be respectively two, four, 
 and six years ; and shall certify the result to the 
 Secretary of State. At the general election every 
 two years after said first election, one judge of said 
 court shall be elected, to hold office for the period of 
 six years from the first Monday of January next 
 ensuing. The judge having at any time the shortest 
 term to serve shall be the Presiding Judge of the 
 court. Mo., 357. 
 
 — The State shall be divided into convenient circuits 
 of which the county of St. Louis shall constitute one, 
 34 
 
 for each of which, except as in the next succeeding 
 section specified, a judge shall be elected by the qual- 
 ified voters of the respective circuits, and except as 
 hereinafter provided, shall be elected for the term of 
 six years ; but may continue in office until his succes- 
 sor shall be elected and qualified ; and the judge of 
 each circuit, after his election or appointment, as 
 hereinafter provided, shall reside in, and be a con- 
 servator of the peace within the circuit for which he 
 shall be elected or appointed; and if any vacancy 
 shall happen in the office of any circuit judge, by 
 death, resignation, or removal out of his circuit, or 
 by any other disqualification, the Governor shall, 
 upon being satisfied that a vacancy exists, issue a 
 writ of election to fill such vacancy ; provided that 
 said vacancy shall happen at least six months before 
 the next general election for said judge; but if such 
 vacancy shall happen within six months of the gene- 
 ral election aforesaid the Governor shall appoint a 
 judge for such circuit ; but every election or appoint- 
 ment, to fill a vacancy shall be for the residue of the 
 term only. And the General Assembly shall provide, 
 by law, for the election of said judges in their respect- 
 ive circuits; and in case of a tie, or contested election 
 between the candidates, the same shall be determined 
 in the manner to be prescribed by law. And the 
 General Assembly shall provide, by law, for the elec- 
 tion of said judges, in their respective circuits to fill 
 any vacancy which shall occur at any time at least 
 six months before a general election for said judges. 
 At the general election in the year one thousand 
 eight hundred and sixty-eight, and at the general 
 election every sixth year thereafter, except as here- 
 inafter provided, all the circuit judges shall be elected, 
 and shall enter upon their offices on the first Monday 
 of January next ensuing. No judicial circuit shall 
 be altered or changed at any session of the General 
 Assembly next preceding the general election for^aid 
 judges. Mo., 358. 
 
 — From and after the first day of January, one thou- 
 sand eight hundred and sixty-six, the Circuit Court 
 of the county of St. Louis shall be composed of three 
 judges, each of whom shall try causes separately, and 
 all, or a majority of whom, shall constitute a court in 
 bank, to decide questions of law, and to correct 
 errors occurring in trials; and, from and after that 
 day, there shall not be in said county any other 
 court of record having civil jurisdiction, except a Pro- 
 bate Court and a County Court. Theadditional Judges 
 of the Circuit Court of the county of St. Louis, 
 authorized by this section, shall be appointed by the 
 Governor, with the advice and consent of the Senate, 
 and shall hold their offices until the next general 
 election of Judges of Circuit Courts, when the whole 
 number of the judges of said court shall be elected. 
 At the first session of said court after the judges 
 thereof who maybe elected in the year one thousand 
 eight hundred and sixty-eight shall have assumed 
 office, the said judges shall by lot determine the dura- 
 tion of their several terms of office, which shall be 
 respectively two, four and six years; and shall certify 
 the result to the Secretary of State. At the general 
 election, every two years, after the election in that 
 year, one judge of said court shall be elected, to hold 
 office for the term ol six years from the first Monday 
 of January next ensuing. The General Assembly 
 shall have power to increase the number of the 
 judges of said court, fi:om time to time, as the public 
 interest may require. Any additional judges author- 
 ized shall hold office for the term of six years, and 
 be elected at a general election, and enter upon their 
 office on the first Monday of January next ensuing. 
 Mo., 358. 
 
 — The Supreme Court shall consist of a Chief Jus- 
 tice and two Associate Justices, any two of whom 
 shall constitute a quorum, and shall hold a term of 
 the Supreme Court at the seat of government of the 
 State, annually. Said Supreme Judges shall be 
 elected by the qualified electors of the State, at such 
 time and in such manner as may be provided by law. 
 Said Justices of the Supreme Court shall hold their 
 office for the term of six years from the time of 
 
134 
 
 their election, and until their successors shall have 
 been elected and qualified. Neb., 375. 
 — Probate Judges, Justices of the Peace, and persons 
 holding inferior courts, herein authorized to be estab- 
 lished by the Legislature, shall be elected by the 
 electors of the several districts for which they may 
 be elected in the manner and time fixed by law. 
 Neb., 375. 
 
 — The Justices of the Supreme Court shall be elected 
 by the qualified electors of the State, at the general 
 election, and shall hold office for the term of six 
 years, from and including the first Monday of January 
 next succeeding their election; Provided, That there 
 shall be elected, at the first election under this Con- 
 stitution, three Justices of the Supreme Court, who 
 shall hold ofiBce from and including the first Monday 
 of December, A. D., eighteen hundred and sixty-four, 
 and continue in office thereafter two, four and six 
 years respectively from and including the first Mon- 
 day of January next succeeding their election. They 
 shall meet as soon as practicable after their election 
 and qualification, and at their first meeting shall 
 determine by lot the term of office each shall fill, and 
 the Justice drawing the shortest term shall be Chief 
 Justice, after which the senior Justice in commission 
 shall be Chief Justice. And in case the commission 
 of any two or more of said Justices shall bear the 
 same date, they shall determine by lot who shall be 
 Chief Justice. iVei., 386. 
 
 — At the first general election under this Constitution 
 there shall be elected, in each of the respective dis- 
 tricts (except as in the section hereinafter otherwise 
 provided), one District Judge, who shall hold office 
 from and including the first Monday of December, 
 A. D., eighteen hundred and sixty-four, and until the 
 first Monday of .fanuary, A. D., eighteen hundred 
 and sixty-seven ; after the said first election, there 
 shall be elected at the general election which imme- 
 diately precedes the expiration of the term of his 
 predecessor, one District Judge in each of the respec- 
 tive judicial districts (except in the first district as in 
 the section hereinafter provided.) The District 
 Judges shall be elected by the quahfied electors of 
 their respective districts, and shall hold office for the 
 term of four years (excepting those elected at said 
 first election), from and including the first Monday of 
 January next succeeding their election and qualifica- 
 tion : Provided, That the first judicial district shall be 
 entitled to, and shall have, three District Judges, who 
 shall possess co-extensive and concurrent jurisdic- 
 tion, and who shall be elected at the same times, in 
 the same manner, and shall hold office for the like 
 terms as herein prescribed in relation to the judgesin 
 other judicial districts. Any one of said judges may 
 preside on the impanneling of grand juries, and the 
 presentment and trial and indictments under such 
 rules and regulations as may be prescribed by law. 
 Nev., 386. 
 
 — All Judicial officers, the Attorney-General, Solicit- 
 ors, all SheriflFs, Coroners, Registers of Probate, and 
 all officers of the navy, and general and field officers 
 of the militia, shall be nominated and appointed by 
 the Governor and Council; and every such nomina- 
 tion shall be made at least three days prior to such 
 appointment, and no appointment shall take place 
 unless a majority of the Council agree thereto. N. 
 K, 405. 
 
 — Justices of the Supreme Court, Chancellor, and 
 Judges of the Court of Errors and Appeals shall be 
 nominated by the Governor, and appointed by him, 
 with the advice and consent of the Senate. N. J., 
 419. 
 
 — Judges of the Courts of Common Pleas shall be 
 appointed by the Senate and General Assembly in 
 joint meeting. N. J., 419. 
 
 — There shall be no more than five Judges of the 
 Inferior Court of Common Pleas, in each of the 
 counties in this State after the terms of the judges 
 of said court now in office shall terminate. One 
 judge for each county shall be appointed every year, 
 and no more, except to fill vacancies, which shall be 
 for the unexpired term only. N. J., 418. 
 
 — The first election for Judges of the Supreme Court, 
 Courts of Common Pleas, and Probate Courts, and 
 the Clerks of the Courts of Common Pleas, shall be 
 held on the second Tuesday of October, one thou- 
 sand eight hundred and fifty-one, and the official 
 term of said judges and clerks so elected, shall com- 
 mence on the second Monday of February, one thou- 
 sand eight hundred and fifty-two. Judges and Clerks 
 of the Courts of Common Pleas and Supreme 
 Court, in office on the first day of September, one 
 thousand eight hundred and fifty-one, shall continue 
 in office with their present power and duties, until 
 the second Monday of February, one thousand eight 
 hundred and fifty-two. No suitor proceeding, pend- 
 ing in any of the Courts of this State, shall be affected 
 by the adoption of this Constitution. Ohio., 444. 
 — All judges, other than those provided for in this 
 Constitution, shall be elected by the electors of the 
 judicial district for which they may be created, but 
 not for a longer term of office than five years. Ohio, 
 437. 
 
 — The General Assembly may increase or diminish 
 the number of the Judges of the Supreme Court, the 
 number of the districts of the Court of Common Pleas, 
 the number of judges in any district, change the dis- 
 tricts, or the subdivisions thereof, or establish other 
 courts, whenever two-thirds of the members elected 
 to each House shall concur therein ; but no such 
 change, addition, or diminution, shall vacate the office 
 of any judge. Ohio, 438. 
 
 — When the white population of the State shall 
 amount to two hundred thousand, the Legislative 
 Assembly may provide for the election of Supreme 
 and Circuit Judges in distinct classes, one of which 
 classes shall consist of three Justices of the Supreme 
 Court, who shall not perform circuit duty ; and the 
 other class shall consist of the necessary number of 
 Circuit Judges, who shall hold full terms without 
 allotment, and who shall take the same oath as 
 the Supreme Judges. Or., 454. 
 — The Judges of the Supreme Court of the several 
 Courts of Common Pleas, and of such other courts 
 of record as are or shall be estabUshed by law, shall 
 be elected by the qualified electors of the Common- 
 wealth in the manner following, to wit : The Judges 
 of the Supreme Court, by the qualified electors of 
 Commonwealth at large. The President Judges of 
 the several Courts of Common Pleas and of such 
 other courts of record as are or shall be established 
 by law, and all other judges required to be learned 
 in the law, by the quahfied electors of the respective 
 districts over which they are to preside or act as 
 judges. And the Associate Judges of the Courts of 
 Common Pleas by the qualified electors of the coun- 
 ties respectively. The Judges of the Supreme Court 
 shall hold their offices for the term of fifteen years, if 
 they shall so long behave themselves well, subject to 
 the allotment hereinafter provided for, subsequent 
 to the first election. The President Judges of the 
 several Courts of Common Pleas, and of such other 
 courts of record as are or shall be established by law, 
 and all other judges required to be learned in the 
 law, shall hold their offices for the term of ten years, 
 if they shall so long behave themselves well. The 
 Associate Judges of the Courts of Common Pleas 
 shall hold their offices for the term of five years, if they 
 shall so long behave themselves well : all of whom 
 shall be commissioned by the Governor, but for any 
 reasonable cause, which shall not be sufficient grounds 
 of impeachment, the Governor shall remove any of 
 them on the address of two-thirds of each branch 
 of the Legislature. The first election shall take place 
 at the general election of this Commonwealth next 
 after the adoption of this amendment, and the com- 
 missions of all the judges who may be then in office 
 shall expire on the first Monday of December follow- 
 ing, when the terms of the new judges shall com- 
 mence. The persons who shall then be elected Judges 
 of the Supreme Court shall hold their offices as follows: 
 one of them for three years, one for six years, one 
 for nine years, one for twelve years, and one for fit- 
 teen years, the term of each to be decided by lot by 
 
135 
 
 the said judges, as soon after the election as conve- 
 nient, and the result certified by them to the Gover- 
 nor, that the commissions may be issued in accordance 
 thereto. The judge whose commission will first 
 expire shall be Chief Justice during his term, and 
 thereafter each judge whose commission shall first 
 expire shall in turn be the Chief Justice, and if two 
 or more commissions shall expire on the same day, 
 the judges holding them shall decide by lot which 
 shall be the Chief Justice. Any vacancies happening 
 by death, resignation, or otherwise, in any of the said 
 courts, shall be filled by appointment by the Gover- 
 nor, to continue till the first Monday of- December 
 succeeding the next general election. The Judges 
 of the Supreme Court and the Presidents of the 
 several Courts of Common Pleas shall at stated times, 
 receive for their service an adequate compensation, 
 to be fixed by law, which shall not be diminished 
 during their continuance - in office, but they shall 
 receive no fees or perquisites of office, nor hold any 
 other office of profit under this Commonwealth, or 
 under the government of the United States, or any 
 other State of this Union. The Judges of the 
 Supreme Court during their continuance in office 
 shall reside within this Commonwealth, and the other 
 judges during their continuance in office shall reside 
 within the district or county for which they were 
 respectively elected. Pa., 470. 
 — The Judges of the Supreme Court shall be elected 
 by the two Houses in grand committee. Each judge 
 shall hold his office until his place be declared vacant 
 by a resolution of the General Assembly to that 
 effect; which resolution shall be voted for by a 
 majority of all the members elected to the House in 
 which it may originate, and be concurred in by the 
 same majority of the other House. Such resolution 
 shall not be entertained at any other than the annual 
 session for the election of public officers ; and in 
 default of the passage thereof at said session, the 
 judge shall hold his place as is herein provided. But 
 a judge of any court shall be removed from office, if 
 upon impeachment, he shall be found guilty of any 
 official misdemeanor. R. I., 479. 
 — The Judges of the Supreme Coui-ts shall be elected 
 by the General Assembly, shall hold their offices 
 during good behavior, and shall at stated times, 
 receive a compensation for their services, which shall 
 neither be increased nor diminished during their con- 
 tinuance in office ; but they shall receive no fees or 
 perquisites of office, nor hold any other office of 
 profit or trust under this State, the United States of 
 America, or any of them, or any other power. The 
 General Assembly shall, as soon as possible, establish 
 for each district in the State an inferior court or 
 courts, to be styled the " District Court," the judge 
 whereof shall be resident in the district while in 
 office, shall be elected by the General Assembly for 
 four years and shall be re-eligible, which court shall 
 have jurisdiction of all civil causes wherein one or 
 both of the parties are persons of color, and of all 
 criminal cases wherein the accused is a person of 
 color; and the General Assembly is empowered to 
 extend the jurisdiction of the said court to other sub- 
 jects. S. C, 486. 
 
 — The Judges of the Supreme Court shall be elected 
 by the qualified voters of the State at large, and the 
 judges of such inferior courts as the Legislature may 
 establish shall be elected by the qualified voters 
 residing within the bounds of any district or circuit 
 to which such inferior judge or judges, either of law 
 or equity, may be assigned, by ballot, in the same 
 manner that members of the General Assembly are 
 elected. Term., (amendment). 
 
 — The General Assembly shall, by joint vote of both 
 Houses, appoint judges of several courts in law and 
 equity ; but courts may be established to be holden 
 by Justices of the Peace. Term., 496. 
 — The Legislature shall appoint a day for holding the 
 election of Judges and Attorneys-General, separate 
 and apart from the days already prescribed, or here- 
 after to be prescribed by the Legislature for holding 
 the elections for State and county officers. Jinn., 503. 
 
 — For each section a judge shall be chosen in the 
 manner hereinbefore provided, who shall hold his 
 office for the term of twelve years unless sooner 
 removed in the manner prescribed by this Constitu- 
 tion. He shall, at the time of his being chosen be at 
 least thirty years of age, and shall have resided in the 
 State one year next preceding his election, and during 
 his continuance in office he shall reside in the section 
 for which he is chosen. Va., 542. 
 — Judges shall be commissioned by the Governor. 
 Va., 542. 
 
 — ^For each circuit a judge shall be elected by the 
 voters thereof, who shall hold his office for the term of 
 six years. During his continuance in office he shall re- 
 side in the circuit of which he is judge. W. Va., 553. 
 — The Supreme Court of Appeals shall consist of three 
 judges, any two of whom shall be a quorum. They 
 shall be elected by the voters of the State, and shall 
 hold their offices for the term of twelve years ; except 
 that of those first elected, one, to be designated by 
 lot in such manner as they may determine, shall hold 
 his office for four years; another, to be designated in 
 like manner, for eight years, and the third, for twelve 
 years ; so that one shall be elected every four years 
 after the first election. W. Va., 553. 
 — For each circuit there shall be a judge chosen by 
 the qualified electors therein, who shall hold his office 
 as is provided in this Constitution, and until his suc- 
 cessor shall be chosen and qualified; and after he 
 shall have been elected, he shall reside in the circuit 
 for which he was elected. One of said judges shall 
 be designated as Chief Justice, in such manner as the 
 Legislature shall provide. And the Legislature shall, 
 at its first session, provide by law, as well for the 
 election of, as for classifying the Judges of the Circuit 
 Court, to be elected under this Constitution, in such 
 manner that one of said judges shall go out of office 
 in two years, one in three years, one in four years, 
 one in five years, and one in six years, and thereafter 
 the judge elected to fill the office shall hold the same 
 for six years. Wis., 566. 
 
 VACANCIES IN OFFICE OF JUDGES. 
 
 — Vacancies in the office of Circuit Judge, Probate 
 Judge, or Judge of any other inferior court established 
 by law, shall be filled by the Governor; and the per- 
 son appointed by him shall hold office until the next 
 election day by law appointed for the election of 
 judges, and until his successor shall have been elected 
 and qualified. Ah,., 80. 
 
 — That should a vacancy occur either in the Chancery 
 or Circuit Courts, by death, removal, resignation or 
 otherwise, it shall be the duty of the Governor to 
 issue a writ of election to fill such vacancy, and he 
 shall give at least sixty days' notice thereof by procla- 
 mation : and the Judge so elected to fill said vacancy, 
 shall continue in office from the time he qualifies 
 under his commission, until the expiration of the 
 term of his predecessor : Provided, however, That 
 should it become necessary to fill any such vacancy 
 before an election can be held under the provisions 
 of this Constitution, the Governor shall have power 
 to fill such vacancy by appointment, and the person 
 so appointed shall hold his office from the date of his 
 commision until his successor shall be duly elected 
 and qualified. Fl., 135. 
 
 — The office of one of said judges shall be vacated, 
 after the first election held under this article, in three 
 year.*! ; of one, in six years ; and of one in nine years ; 
 to be decided by lot, so that one of said judges shall 
 be elected once in every three years. The Judge 
 having the longest term to serve shall be the first 
 Chief Justice ; after which, the judge having the 
 oldest commission shall be Chief Justice. lU., 160. 
 — All vacancies in the Supreme and Circuit Courts 
 shall be filled by election as aforesaid ; Provided, how- 
 ever, That if the unexpired term does not exceed one 
 year, such vacancy may be filled by executive appoint- 
 ment. lU., 160. 
 
136 
 
 — In case of vacancy in any judicial office, it shall be 
 filled by appointment of the Governor until the next 
 regular election that shall occur more than thirty 
 days after such vacancy shall have happened. Kan., 
 201. 
 
 — County and district officers shall vacate their offices 
 by removal from the district or county in which they 
 shall be appointed. Ky., 217. 
 
 — If a vacancy shall occur in the office of Judge of 
 the Circuit Court, the Governor shall issue a writ of 
 election to fill such vacancy, for the residue of the 
 term : Provided, That if the Unexpired term be less 
 than one year, the Governor shall appoint a judge to 
 fill such vacancy. £y., 216. ' 
 
 — In case of the death, resignation, removal or other 
 disqualification of a judge of any court of this State, 
 except of the Orphans' Courts, the Governor, by and 
 with the advice and consent of the Senate, shall 
 thereupon appoint a person duly qualified to fill said 
 office until the next general election thereafter, 
 whether for members of General Assembly or county 
 oBBcers, whichever shall first occur, at which time an 
 election shall be held as herein prescribed for a judge, 
 who shall hold said office for the term of fifteen years, 
 and until the election and qualification of his succes- 
 sor. Md., 266. 
 
 — In case of the death, resignation, removal or other 
 disqualification of a judge of an Orphans' Court, the 
 Governor, by and with the advice and consent of the 
 Senate, shall appoint a person duly qualified to fill 
 said office for the residue of the term thus made 
 vacant. Md., 270. 
 
 — When a vacancy occurs in the office of Judge of 
 the Supreme Circuit or Probate Court, it shall be 
 filled by appointment of the Governor, which shall 
 continue until a successor is elected and qualified. 
 When elected, such successor shall hold his office the 
 residue of the unexpired term. Mich., 306. 
 — Whenever a judge shall remove beyond the limits 
 of the jurisdiction for which he was elected, or a Jus- 
 tice of the Peace from the township in which he was 
 elected, or by a change in the boundaries of such 
 township shall be placed without the same, they shall 
 be deemed to have vacated their respective offices. 
 Mch., 307. 
 
 — In case the office of any judge shall become vacant 
 before the expiration of the regular term for which 
 he was elected, the vacancy shall be filled by apppint- 
 ment by the Governor, until a successor is elected 
 and qualified. And such successor shall be elected at 
 the first annual election that occurs more than thirty 
 days after the vacancy shall have happened. Min., 
 325. 
 
 — The provisions contained in this article, requiring 
 an election to be held to fill a vacancy in the office of 
 Judges of the Supreme and Circuit Courts, shall have 
 relation to vacancies occurring after the year one 
 thousand eight hundred and sixty-eight, up to which 
 time any such vacancy shall be filled by appointmeat 
 by the Governor. Mo., 359. 
 
 — If a vacancy shall happen in the office of any Judge 
 of the Supreme Court, by death, resignation, removal 
 
 out of the State, or other disqualification, the Gov- 
 ernor shall appoint a suitable person to fill the 
 vacancy, until the next general election occurring 
 more than three months after the happening of such 
 vacancy, when the same shall be filled by election, by 
 the qualified voters of the State, for the residue of 
 the term. Mo., 357. 
 
 — If there be a vacancy in the office of judge of any 
 circuit, or if he be sick, absent, or from any cause 
 unable to hold any term of court of any county of 
 his circuit, such term of court may be held by a judge 
 of any other circuit, and at the request of the judge 
 of any circuit, any term of court in his circuit may 
 be held by the judge of any other circuit. Mo,, 359. 
 — In case the office of any Justice of the Supreme 
 Court, District Judge, or other State officer shall 
 become vacant before the expiration of the regular 
 term, for which he was elected, the vacancy may be 
 filled by appointment by the Governor until it shall 
 be filled by election for the residue of the unexpired 
 term. Nev., 395. 
 
 — In case the office of any judge shall become vacant 
 before the expiration of the regular term for which 
 he was elected, the vacancy shall be filled by appoint- 
 ment by the Governor, until a successor is elected and 
 qualified ; and such successor shall be elected for the 
 unexpired term, at the first annual election that 
 occurs more than thirty days after the vacancy shall 
 have happened; Ohio, 437. 
 
 — Every vacancy in the office of Judge of the Supreme 
 Court shall be filled by election for the remainder of 
 the vacant term, unless it would expire at the next 
 election; and until so filled, or when it would so 
 expire, the Governor shall fill the vacancy by appoint- 
 ment. Or., 454. 
 
 — In case of vacancy by death, resignation, removal 
 from the State or from office, refusal or inability to 
 serve, of any Judge of the Supreme Court the office 
 may be filled by the grand committee, until the next 
 annual election, and the Judge then elected shall hold 
 his office as before provided. In cases of impeach- 
 ment, or temporary absence or inability, the Gover- 
 nor may appoint a person to discharge the duties of 
 the office during the vacancy caused thereby. R. I., 
 479. 
 
 — In case of a vacancy in the offices of Justice of the 
 Supreme Court, Judges of the District Court, Attor- 
 ney General, and District Attorneys, the Governor of 
 the State shall have power to fill the Same by appoint- 
 ment, which shall continue in force until the office 
 can be filled at the next general election for State or 
 county officers, and the successor duly qualified. 
 Tex., 511. 
 
 — When a vacancy shall happen in the office of Judge 
 of the Supreme or Circuit Courts, such vacancy shall 
 be filled by an appointment of the Governor, which 
 shall continue until a successor is elected and quali- 
 fied ; and when elected, such successor shall hold his 
 office the residue of the unexpired term. There shall 
 be no election for a judge or judges at any general 
 election for State or county officers, nor within thirty 
 days either before or after such election. Wis., 566. 
 
137 
 
 1 S 14. There shall be elected in each of the counties of this State, except 
 
 2 the city and county of New York, one County Judge, who shall hold his 
 
 3 office for four years. He shall hold the County Court, and perform the duties 
 
 4 of the office of Surrogate. The County Court shall have such jurisdiction in 
 
 5 cases arising in Justices' Courts, and in special cases, as the Legislature may 
 
 6 prescribe ; but shall have no original civil jurisdiction, except in such special 
 
 7 cases. The County Judge, with two justices of the peace to be designated 
 
 8 according to law, may hold courts of sessions, with such criminal jurisdiction 
 
 9 as the Legislature shall prescribe, and perform such other duties as may be 
 10 required by law. The County Judge shall receive an annual salary, to be 
 
 COUNTY COURTS. 
 
 — There shall be in each of the organized counties of 
 the State, a County Court, for each of which a 
 County Judge shall be elected by the qualified elec- 
 tors of the county, at the special judicial elections to 
 be held as provided for the election of justices of the 
 Supreme Court, by section three of this article. Cal., 
 (as amended in 1862.) 
 
 — The Legislature may also provide for the appoint- 
 ment by the several district courts, of one or more 
 commissioners in the several counties of their respec- 
 tive districts, with authority to perform chamber 
 business of the Judges of the District Courts and 
 County Courts, and also to take depositions, and to 
 perform such other business connected with the 
 administration of justice as may be prescribed by 
 law. Cal., (as amended in 18G2.) 
 — The Court of General Sessions of the Peace and 
 Jail Delivery shall be composed in each county of 
 the same judges and in the same manner as the 
 Superior Court. Two shall constitute a quorum. 
 One may open and adjourn the Court. This court 
 shall have all the jurisdiction and powers vested by 
 the laws of this State in the Court of General Quar- 
 ter Sessions of the Peace and Jail Delivery. Del.. 
 121. 
 
 — The Prothonotary of the Superior Court may issue 
 process, take recognizances of bail and enter judg- 
 ments, according to law and the practices of the 
 court. No judgment in one county shall bind lands 
 or tenements in another, until a testatum fieri facias 
 being issued, shall be entered of record in the office 
 of the Prothonotary of the county wherein the lands 
 or tenements are situated. Del., 124. 
 — The Registers of the several counties shall respect- 
 ively hold the Registers' Courts in each county. 
 Upon the litigation of a cause, the depositions of the 
 witnesses examined shall be taken at large in writ- 
 ing, and make part of the proceedings in the cause. 
 This court may issue process throughout the Sttite, to 
 compel the attendance of witnesses. Appeals may 
 be made from the Registers' Court to the Superior 
 Court, whose decision shall be final. In cases where 
 a Register is interested in questions concerning the 
 probate of wills, the granting letters of administra- 
 tion, or executors, administrators, or guardians' ac- 
 counts, the cognizance thereof shall belong to the 
 Orphan's Cour-t, with an appeal to the Superior Court, 
 whose decision shall be final. Del, 124. 
 
 There shall be in each county a court to be called 
 
 a County Court. Ill, 161. 
 
 One County Judge shall be elected by the qualified 
 
 voters of each county, who shall hold his office for 
 four years, and until his successor is elected and 
 qualified. Ill, 161. 
 
 The jurisdiction of said court shall extend to all 
 
 35 
 
 probate and such other jurisdiction as the General 
 Assembly may confer in civil cases, and such criminal 
 cases as may be prescribed by law, where the punish- 
 ment is by fine only, not exceeding one hundred 
 dollars. Ill, 161. 
 
 — The County Judge, with such Justices of the Peace 
 in each county as may be designated by law, shall 
 hold terms for the transaction of county business, and 
 shall perform such other duties as the General Assem- 
 bly shall prescribe ; Provided, the General Assembly 
 may require that two Justices, to be chosen -by the 
 qualified electors of each county, shall sit with the 
 County Judge in all cases ; and there shall be elected, 
 quadrennially, in each county, a Cleik of the County 
 Court, who shall be ex officio Recorder, whose com- 
 pensation shall be fees; Provided, the General Assem- 
 bly may, by law, make the Clerk of the Circuit 
 Court ex officio Recorder, in lieu of the County Clerk. 
 Ill, 161. 
 
 — The General Assembly shall provide for the com- 
 pensation of the County Judge. lU., 161. 
 — ^A County Court shall be established in each county 
 now existing, or which may h.ereafter be erected 
 within this Commonwealth, to consist of a Presiding 
 Judge and two Associate Judges, any two of whom 
 shall constitute a court for the transaction of busi- 
 ness; Provided, The General Assembly may at any 
 time abohsh the office of the As.-ociaLC Judges, when- 
 ever it shall be d<'emed expedient, in wliich event 
 they may associate witli said court, any or all of the 
 Justices of the Peace for the transaction of business. 
 £i,., 21G. 
 
 — The Judges of the County Court shall be elected 
 by the qualified voters in each county, for the term 
 of four years, and shall continue in office until their 
 successors be duly qualified, and shall receive such 
 compensation for their services as may be provided 
 by law. K;/., 216. 
 
 — No person shall be eligible to the office of presid- 
 ing or associate Judge of the County Court, unless 
 he be a citizen of the United States, over twenty-one 
 years of age, and shall have been a resident of the 
 county in which he shall be chosen, one year next 
 preceding the election. Ky., 217. 
 — The jurisdiction of the County Court shall be regu- 
 lated by law ; and, until changed, shall be the same 
 now vested in the County Courts of this State. Ky., 
 217. 
 
 — The Legislature may provide by law for the elec- 
 tion of one or more persons in each organized county, 
 who may be vested with judicial powers, not exceed- 
 ing those of a Judge of the Circuit Court at cham- 
 bers. Mich., 306. 
 
 — The Legislature may provide for the election of 
 one person in each organized county in this State, to 
 be called a Court Commissioner, with judicial power 
 and jurisdiction not exceeding the power and juris- 
 
138 
 
 11 fixed by the Board of Supervisors, which shall be neither increased or dimin- 
 
 12 ished during his continuance in oflSce. The Justices of the Peace, for services 
 
 13 in Courts of Sessions, shall be paid a per diem allowance out of the county 
 
 14 treasury. In counties having a population exceeding forty thousand, the 
 
 15 Legislature may provide for the election of a separate officer to perform the 
 
 16 duties of the office of Surrogate. The Legislature may confer equity juris- 
 
 17 diction in special cases upon the County Judge. Inferior local courts, of civil 
 
 18 and criminal jurisdiction, may be established by the Legislature in cities ; and 
 
 19 such courts, except for the cities of New York and Buffalo, shall have an uni- 
 
 20 form organization and jurisdiction in such cities. 
 
 diction of a Judge of the District Court at chambers ; 
 or the Legislature may, instead of such election, con- 
 fer such powers and jurisdiction upon Judges of Pro- 
 bate in the State. Minn., 325. 
 
 — Inferior tribunals, to be known as County Courts, 
 shall be established in each county for the transaction 
 of all county business. In such courts, or in such 
 other tribunals inferior to the Circuit Courts, as the 
 General Assembly may establish, shall be vested the 
 jurisdiction of all matters appertaining to probate 
 business, to granting letters testamentary and of 
 administration, to settling the accounts of executors, 
 " administrators and guardians, and to the appointment 
 of guardians, and such other jurisdiction as may be 
 conferred by law. Mo., 359. 
 
 — Judges of the County Courts, and recorders of 
 cities, shall hold their offices for five years, but may 
 be removed by the Senate, on the recommendation 
 of the Governor, for causes to be stated in such 
 recommendation. M Y. (1821), 41. 
 — The commissions for the appointment of judges of 
 said court [Inferior Court of Common Pleas] shall 
 bear date and take effect on the first day of April 
 next ; and all subsequent commissions for judges of 
 Bald court, shall bear date and take effect on the first 
 day of April in every successive year, except com- 
 missions to fill vacancies, which shall bear date and 
 take effect wlien issued. N. J., 418. 
 — The said Courts of Common Pleas, shall be the 
 successors of the piesent Coui'ts of Common Pleas in 
 the several counties, except as to probate jurisdiction ; 
 and all suits, prosecutions, proceedings, records, and 
 judgments pending or being in said last-mentioned 
 courts, except as aforesaid, shall be transferred to the 
 Courts of Common Pleas created by this Constitu- 
 tion, and proceeded in as though the same had been 
 therein instituted. Ohio, 445. 
 
 — There shall be elected in each county, for the term 
 of four years, a County Judge, who shall hold the 
 County Court at times to be regulated by law. Or., 
 454. 
 
 — The County Court shall have the jurisdiction per- 
 taining to Probate Courts and Boards of County 
 Commissioners, and such other powers and duties 
 and such civil jurisdiction not exceeding the amount 
 or value of five hundred dollars, and such criminal 
 jurisdiction not extending to death or imprisonment 
 in the penitentiary, as may be prescribed by law. 
 But the Legislative Assembly may provide for the 
 election of two commissioners to sit with the County 
 Judge whilst transacting county business in any or 
 all the counties, or may provide a separate board for 
 transacting such business. Or., 455. 
 — The County Judge may grant preliminary injunc- 
 tions, and such other writs as the Legislative Assem- 
 bly may authorize him to grant, returnable to the 
 Circuit Court, or otherwise, aa may be provided by 
 
 law ; and may hear and decide questions arising upon 
 habeas corpus, provided such decisions be not against 
 the authority or proceedings of a court, or judge of 
 equal or higher jurisdiction. Or., 455. 
 — The counties having less than ten thousand white 
 inhabitants shall be reimbursed, wholly or in part for 
 the salary and expenses of the County Court, by fees, 
 per centage and other equitable taxation of the busi- 
 ness done in said court and in the office of the County 
 Clerk. Or., 455. 
 
 — The Judges of the Court of Common Pleas of 
 each county, any two of whom shall be a quorum, 
 sliall compose the Court of Quaiter Sessions of the 
 Peace, and Orphans' Court thereof; and the Register 
 of Wills, together with the said judges, or any two 
 of them, shall compose the Register's Court of each 
 county. Pa., 465. 
 
 — The Judges of the Court of Common Pleas, in 
 each county, shall, by virtue of their offices, be Jus- 
 tices of Oyer and Terminer and General Ji'il Deliv- 
 ery, for the trial of capital and other offenders there- 
 in ; any two of said judges, the president being one, 
 shall be a quorum : but they shall not hold a Couit 
 of Oyer and Terminer, or Jail Delivery, in any 
 county, when the Judges of the Supreme Court, or 
 any of them shall be sitting in the same county. 
 The party accused as well as the Commonwealth, 
 may, under such regulations as shall be prescribed by 
 law, remove the indictment and pioceeilini:s, or a 
 transcript thereof, into the Supreme Court. Pa., 465. 
 — The Superior Court shall sit in each county not 
 less than twice in every year, at such stated limes as 
 have been or may be appointed by the General 
 Assembly, and the Inferior and County Court at 
 such times as the General Assembly may direct. 
 Ga., 149. 
 
 — Courts of justice shall be maintained in every 
 county in this State, and also in new counties when 
 formed, which courts shall be open for the trial of all 
 causes proper for their cognizance, and justice shall 
 be therein impartially administered without corrup- 
 tion or unnecessary delay. The Judges of the Su- 
 preme Court shall be Justices of the Peace through- 
 out the State, and the several judges of the County 
 Courts in their respective counties, by virtue of their 
 office, except in the trial of such cases as may be 
 appealed to the County Conrt. Vt, 523. 
 — The Assistant Judges of the County Court shall be 
 elected by the freemen of their respective counties, 
 n, 529. 
 
 — There shall be established in each county in the 
 State, an inferior tribunal styled the County Court; 
 and there shall be elected by the persons in each 
 county, who are qualified to vote for members of 
 the Legislature, a Judge of the County Court, 
 who shall be a conservator of the peace, who 
 shall hold his office for four years, and who shall 
 
139 
 
 1 S 15. The Legislature may, on application of the Board of Supervisors, 
 
 2 provide for the election of local officers, not to exceed two in any county, to 
 
 3 discharge the duties of County Judge and of Surrogate, in cases of their 
 
 4 inability or of a vacancy, and to exercise such other powers in special cases as 
 
 5 may be provided by law. 
 
 receive such compensation as may be prescribed by 
 law, and who may be removed from office for neglect 
 of duty, incompetency, or malfeasance, in such man- 
 ner as may be prescribed by law. Tex., 511. 
 — The County Court shall have jurisdiction of all 
 misdemeanors and petty offenses, as the same are 
 now, or may hereafter be defined by law ; of such 
 civil cases where the matter in controversy shall not 
 exceed five hundred dollars, excUisive of interest, 
 under such regulations, limitations, and restrictions 
 as may be prescribed by law, without regard to any 
 distinction between law and equity; to probate wills, 
 to appoint guardians of minors, idiots, lunatics, and 
 persons non compos mentis ; to grant letters testament- 
 ary and of administration ; to settle the accounts of 
 executors, administrators and guardians : to transact 
 all business appertaining to the estates of deceased 
 persons, minors, idiots, huiatics, and persons non com- 
 pos mentis, including the settlement, partition and 
 distribution of such estates; and to apprentice minors 
 under such regulations as may be prescribed by law. 
 One term of the County Court shall be held in each 
 county at least once in eveiy two months, and the 
 Legislature may provide for the appointment of a 
 County Attorney to represent the State and county 
 in said court, whose term of office, duties and com- 
 pensation shall be such as may be prescribed by law. 
 Tex., 511. 
 
 — The Legislature may provide for the appointment 
 of one or more persons in each organized county, 
 and may vest in such persons such judicial powers as 
 shall be prescribed by law : Provided, That said power 
 shall not exceed that of a Judge of the Circuit Court 
 at chambers. Wis., 567. 
 
 — There shall be in each county of the Common- 
 wealth a County Court, which shall be held monthly, 
 by not less than three nor more than five justices, 
 except when the law shall require the presence of a 
 greater number. Va., 543. 
 
 — The jurisdiction of the said courts shall be the 
 same as that of the existing County Courts, except so 
 far as it is modified by this Constitution, or may be 
 changed by law. Va., 543. 
 
 PROBATE COURTS. 
 
 — The General Assembly shall have power to estab- 
 lish, in each county within this State, a Court of 
 Probate, for the granting of letters testamentary, and 
 of administration, and for orphans' business. Ala., 80. 
 — The qualified voters of each county shall elect a 
 County and Probate Judge, who shall hold his office 
 for two years, and until his successor is elected and 
 qualified. He shall, in addition to the duties that 
 may be required of him by law, as a presiding Judge 
 of the County Court, be a Judge of the Court of 
 Probate, and have such jurisdiction in matters relat- 
 ino- to the estates of deceased persons, executors, 
 administrators and guardians, as may be prescribed 
 by law, until otherwise directed by the General 
 Assembly. Ark, 91. 
 
 The County Judges shall also hold in their several 
 
 Counties Probate Courts, and perform such other 
 duties as Probate Judge, as may be prescribed by 
 law. In the city and county of San Francisco, the 
 Legislature may separate the office of Probate Judge 
 
 from that of County Judge, and may provide for the 
 election of a Probate Judge, who shall hold his office 
 for the term of four years. Cat, (amendment of 
 1862.) 
 
 — The Judges of Probate shall be appointed by the 
 electors residing in the several probate districts, and 
 qualified to vote for representatives therein, in such 
 manner as shall be prescribed by law. Ct., 115. 
 — The Orphans' Court in each county shall be held 
 by the Ciiancellor and the Associate Judge residing 
 in the county ; the Chancellor being present. Either 
 of them, in the absence of the otlier, may hold the 
 court. When they concur in opinion, there shall be 
 no appeal from their decision except in matter of real 
 estate. When their opinions are opposed, oiiwhen a 
 decision is made by one of them, and in all matters 
 involving a right to real estate, or the appraised value 
 or other value thereof, there shall be an appeal to the 
 Superior Court of the county, which shall have final 
 jurisdiction in every such case. This court shall have 
 all the jurisdiction and powers vested by the laws of 
 this State in the Orphans' Court. DeJ., 122. 
 — An executor, administrator, or guardian shall file 
 every account with the Register for the county, who 
 shall, as soon as conveniently may be, carefully exam- 
 ine the particulars 'with the proofs thereof, in the 
 presence,,of such executor, administrator or guardian, 
 and shall adjust and settle the same, according to the 
 very right of the matter and the law of the land; 
 which account so settled shall remain in his ofiice for 
 inspection ; and the executor, administrator, or guar- 
 dian shall, within three months after such settlement, 
 give due notice in writing to all persons entitled to 
 shares of the estate, or to their guardians respectively, 
 if residing within the State, that the account is lodged 
 in the said office for inspection. Exceptions may be 
 made by persons concerned, to both sides of every 
 such account, either denying the justice of the allow- 
 ances made to the accountant, or alleging further 
 charges against him ; and the exceptions shall be 
 heard in the Orphans' Court for the county ; and 
 thereupon the account shall be adjusted and settled 
 according to the right of the matter and the law of 
 the land. Dd., 124. 
 
 — There shall be elected in each county of this State, 
 by the qualified voters, an officer to be styled the 
 Judge of Probate, to take probate of wills, to grant 
 letters testamentary, of administration and guardian- 
 ship, to attend to the settlement of the estates of 
 decedents and minors, and to discharge the duties 
 usually appertaining to courts of ordinary, and such 
 other duties as may be required by law; subject to 
 the direction and supervision of the Circuit Courts, as 
 may be provided by law. t'!., 134. 
 — i'he powers of a Court of Ordinary and of Probate 
 shall be vested in any Ordinary for each county, from 
 whose decisions there may be an appeal to the 
 Superior Court, under regulations prescribed by law. 
 The Ordinary shall be ex officio clerk of said court, and 
 m.iy appoint a deputy clerk. The Ordinary, as clerk, 
 or his deputy, may issue citations, and grant tempo- 
 rary letters of administration, to hold until permanent 
 letters are granted ; and said Ordinary, as clerk, or 
 his deputy, may grant marriage licenses. The Oidi- 
 naries, in and for the respective counties, shall be 
 elected, as other county officers are, on the first Wed- 
 nesday in January, 1868, and every fourth year 
 thereafter, and shall be c; mmissioned by the Gov- 
 ernor for the term of four years. In case of any 
 
140 
 
 Tacancy of said office of Ordinary, from any cause, 
 the same shall be filled by election, as is provided in 
 relation to other county officers, and until the same 
 is filled, the Clerk of the Superior Court, for the time 
 being, shall act as Clerk of said Court of Ordinary. 
 Ga., 149. 
 
 [County Courts possess probate jurisdiction.] IR, 
 161 ; Mo., 359 ; Or., 454. 
 
 — There shall be a Probate Court in each county, 
 which shall be a Court of Record, and have such pro- 
 bate jurisdiction and care of estates of deceased 
 persons, minors, and persons of unsound mind, as 
 may be prescribed by law, and shall have jurisdiction 
 in cases of habeas corpus. This court shall consist of 
 one judge, who shall be elected by the qualified voters 
 of the county, and hold his office two j'ears. He 
 shall be iiis own clerk, and shall hold court at such 
 times and receive for compensation such fees as may 
 be prescribed by law. Kan., 201. 
 
 [Registers of Probate appointed by the Governor 
 and Council.] Me., 244. 
 
 — The Orphan's Courts shall have all the powers now 
 vested by law in the Orphan's Courts of this Slate, 
 subject to such chanpres as the General Assembly 
 may prescribe, and shall have such other jurisdiction 
 as may from time to time be provided by law. Md., 
 270. 
 
 — The General Assembly shall provide a simple and 
 uniform system of char/res in the offices of Clerks of 
 Courts and Re.sisters of Wills, in the counties of this 
 State and the city of Baltimore, and for the collection 
 thereof; provided the amount of compensation to any 
 of said officers shall not exceed the sum of twenty- 
 five hundred dollars a year, over and above office 
 expenses, and compensation to assistants; and pro- 
 vided further, that such compen.sation of Clerks, 
 Registers, assistants and office expenses, shall always 
 be pjiid out of the fees or receipts of the offices 
 respectively. M3., 264. 
 
 —There shall be a Register of Wills in each county 
 of the State and in the city of Baltimore, to be elected 
 by the legal and qualified voters of said counties and 
 city respective)}', who shall hold his office for six 
 years fr-om the time of his election, and until his suc- 
 cessor is elected and qualified; he shall be re- eligible 
 and subject at all times to i-emoval for willful neglect 
 of duty or misdemeanor in office in the same manner 
 that clerks of courts are removable. In the event of 
 any vacancy in the office'of Register of Wills, said 
 vacancy shall be filled by the Judges of the Orphan's 
 Court in which such vacancy occurs, until the next 
 general election for county officers, \vhen a register 
 shall be elected to serve for six years thereafter. Md., 
 270. 
 
 — The Judges of Probate of wills, and for granting 
 letters of administration, shall hold their courts at 
 such place or places, on fixed days, as the convenience 
 of tlie people sliall require; and the Legislature shall, 
 from time to time, hereafter, appoint such times and 
 places ; until which appointments the said courts shall 
 be holden at the times and planes which the respective 
 judges shall direct. Ma^s., 209. 
 — In each of the counties organized for judicial pur- 
 poses, there shall be a Court of Probate. The judge 
 of such court shall be elected by the electors of the 
 county in which he resides, and shall hold his office 
 for four years, and until his successor is elected and 
 quahfied. The jurisdiction, power.?, and duties of 
 such court, shall be prescribed by law. Mich., 306. 
 — The Supreme Court, the Circuit and Probate 
 Courts of each county, shall be courts of record, and 
 shall each have a common seal. Mich.. 306. 
 — The first election of Judges of the Probate Courts 
 shall be held on the Tuesday succeeding the first 
 Monday of November, one thousand eight hundred 
 and fifty-two, and every* fourth year thereafter. 
 Mch., 306. 
 
 — There shall be established in each organized comity 
 in the State a Probate Court, which shall be a Court 
 of record, and be held at such times and places as 
 may be prescribed by law. It shall be held by one 
 judge, who shall be elected by the voters of the 
 
 county, for the term of two years. He shall be a 
 resident of such county at the time of his election, 
 and reside therein during his continuance in office, 
 and his compensatitn shall be provided by law. He 
 may appoint his own clerk, where none has been 
 elected, but the Legislature may authorize the elec- 
 tion by the electors of any county, of one Clerk or 
 Register of Probate for such county, whose powers, 
 duties, term of office and compensation shall be pre- 
 scribed by law. A Probate Court shall have juris- 
 diction over the estates of deceased persons, and 
 persons under guardianship, but no other jurisdiction, 
 except as prescribed by this Constitution. Min., 325. 
 — A Court of Piobate shall be established in each 
 county of this State, with jurisdiction in all matters 
 testamentary and of administration in minors' busi- 
 ness and the allotment of dower in cases of idiotcy 
 and lunacy, and of persons non compos mentis. The 
 judge of said court shall be elected by the qualified 
 electors of the respective counties for the term of two 
 years. Miss., 339. 
 
 — The jurisdiction of the several courts herein pro- 
 vided for, both appellate and original, shall be as fixed 
 by law : Provided, That Probate Courts, Justices of 
 the Peace or any inferior court that may be estab- 
 lished by the Legislature shall not have jurisdiction 
 in any matter wherein the title or boundaries of land 
 may be in dispute. Nor shall either of the courts 
 mentioned in this proviso have power to order or 
 decree the sale or partition of real estate. Neb., 375. 
 — Probate Judges, Justices of the Peace, and persons 
 holding inferior courts, herein authorized to be estab- 
 lished by the Legislature, shall be elected by the 
 electiirs of the several districts for which they may 
 be elected in the manner and time fixed by law. 
 Neh., 375. 
 
 — All cases, both civil and criminal, which may be 
 pending and undetermined in the Probate Courts of 
 the several counties at the time when, under the 
 provisions of this Constitution, said Probate Courts 
 are to be abolished, shall be transferred to and deter- 
 mined by the District Courts of such counties respect- 
 ively. Nev., 395. 
 
 — All matters relating to the probate of wills and 
 granting letters of administration shall be exercised 
 by the Judges of Probate, in such manner as the 
 Legislature have directed, or may hereafter direct; 
 and the Judges of Probate shall hold their courts at 
 such place or places, on such fixed days as the con- 
 venience of the people may require, and the Legisla- 
 ture from time to time appoint. N. S., 408. 
 — The Chancellor shall be the Ordinary, or Surrogate 
 General, and Judge of the Prerogative Court. 
 — All persons aggrieved by any order, sentence or 
 decree of the Orphans' Court, may appeal from the 
 same or from any part thereof, to the Prerogative 
 Court; but such order, sentence, or decree shall not 
 be removed into the Supreme or Circuit Court, if the 
 sul5ject-matter thereof be within the jurisdiction of 
 the Orphans' Court. N. J., 418. 
 — There shall be established in each county a Probate 
 Court, which shall be a court of record, open at all 
 times, and holden by one judge, elected by the voters 
 of the county, who shall hold his office for the term 
 of three years, and shall receive such compensation 
 payable out of the county treasury, or by fees, or 
 both, as shall be provided by law. Ohio. 437. 
 — The Probate Court shall have jurisdiction in pro- 
 bate and testamentary matters, the appointment of 
 administrators and guardians, the settlement of the 
 accounts of executors, administrators and guardians, 
 and such jurisdiction in habeas corpus, the issuing of 
 marriage licenses, and for the sale of land by execu- 
 tons, adrninistrators and guardians, and such other 
 jurisdiction in any county or counties, as may be 
 provided by law. Ohio, 437. 
 
 -;-The Probate Courts provided for in this Constitu- 
 tion, as to all matters within the jurisdiction conferred 
 upon said courts, shall be the successors, in the seve- 
 ral counties, of the present Courts of Common Pleas- 
 and the i-ecords, files and papers, business and pro- 
 ceedings appertaining to said jurisdiction shall be 
 
141 
 
 transferred to said Courts of Probate, and be there 
 proceeded in according to law. Ohio, 445. 
 — The Judges of the Court of Common Pleas of each 
 countj', any two of whom shall be a quorum, shall 
 compose the Court of Quarter Sessions of the Peace, 
 and Orphan's Court thereof; and the Register of 
 Wills, together with the said judges, or any two of 
 them, shall compose the Register's Court of each 
 county. Pa., 465. 
 
 — A Register's office, for the probate of wills and 
 granting letters of administration, and an office for 
 tlie recording of deeds, shall be kept in each county. 
 Pa., 465. 
 
 — To probate wills, to appoint guardians of minor.s!, 
 idiots, lunatics, and persons non compos mentis; to 
 gi'ant letters testamentary and of administration; to 
 settle the accounts of executors, administrators and 
 guardians; to transact all business appertaining to 
 the estates of deceased persons, minors, idiots, 
 lunatics, and persons non compos mentis, including the 
 settlement, partition and distribution of such estates; 
 and to apprentice minors under such regulations as 
 may be prescribed by law. Tex., 512. 
 — Judges of Probate shall be elected by the freemen 
 of their respective districts. Vt., 529. 
 — The Recorder, in addition to the duties incident to 
 the recording of inventories, and other papers r(^a- 
 ting to estates, and of deeds and other writings, the 
 registering of births, marriages and deaths, and the 
 issuing of marriage licenses, shall have authority, 
 under such regulations as may be prescribed by law, 
 to receive proof of wills and admit them to probate, 
 to appoint and qualify personal representatives, 
 guardians, committees and curators, to administer 
 oaths, take acknowledgments of deeds and other 
 writings, and relinquishments of dowers. W. Va., 554. 
 — There shall be chosen in each county by the quali- 
 fied electors thereof, a Judge of Probate, who shall 
 hold his office for two years, and until his successor 
 shall be elected and qualified, and whose jurisdiction, 
 powers and duties, shall be prescribed by law; 
 Provided, however, That the Legislature shall have 
 power to abolish the office of Judge of Probate in 
 any county, and to confer probate powers upon such 
 interior courts as may be established in said county. 
 Wis., 567. 
 
 ERECTION OP NEW COURTS. 
 
 — The Greneral Court shall forever have full power 
 and authority to erect and constitute judicatories and 
 couits of record or other courts, to be held in the 
 name of the Commonwealth, for the hearing, trying 
 and determining of all manner of crimes, offenses, 
 pleas, processes, plaints, actions, matters, causes and 
 things whatsoever, arising or happening within the 
 Commonwealth, or between or concerning persons 
 inhabiting or residing, or brought within the same ; 
 whether the same be criminal, or civil, or whether 
 the said crimes be capital or not capital, and whether 
 the said pleas be real, per.=ional or mixed ; and for the 
 awarding and making out of execution thereupon; to 
 which courts and judicatories are hereby given and 
 granted full power and authority from time to time, 
 to administer oaths or affirmations, for the better 
 discovery of truth in any matter in controversy, or 
 depending before them. Mass., 283. 
 — The General Court shall forever have full power 
 and authority to erect and constitute judicatories and 
 courts of record, or other courts, to be holden in the 
 name of the State, tor the hearing, trying and deter- 
 mining all manner of crimes, offenses, pleas, processes, 
 plaints, actions, causes, matters arid things whatso- 
 ever, arising and happening within this State, or 
 between or concerning persons inhabiting or residing 
 or brought within the same, whether the same be 
 criminal or civil, or wliether the crimes be capital or 
 not capital, and whether the said pleas be real, per- 
 36 
 
 sonal or mixed; and for the awarding and issuing 
 execution thereon. To which courts and judicatories 
 are hereby given and granted full power and author- 
 ity, from time to time, to administer oaths or affir- 
 mations for the better discovery of truth in any matter 
 in controversy, or depending before them. N. IT., 
 401. 
 
 — And farther, full power and authority are hereby 
 given and granted to the said General Court, from 
 time to time, to make, ordain and establish all manner 
 of wholesome and reasonable orders, laws, statutes, 
 ordinances, directions and instructions, either with 
 penalties or without, so as the same be not repugnant 
 or contrary to this Constitution, as they may judge 
 for the benefit and welfare of this State, and for the 
 governing and ordering thereof, and of the subjects 
 of the same, for the necessary support and defense of 
 the government thereof; and to name and settle 
 annually, or provide by fixed laws, for the naming 
 and setthng of all civil officers within this State ; such 
 officers excepted, the election and appointment of 
 whom are hereafter in this form of government other- 
 wise provided for; and to set forth the several duties, 
 powers and limits of the several civil and military 
 officers of this State, and the forms of such oaths or 
 affirmations as shall be respectively administered unto 
 them for the execution of their several offices and 
 places, so as the same be not repugnant or contrary 
 to this Constitution ; and also to impose fines, mulcts, 
 imprisonments and other punishments ; and to impose 
 and levy proportional and reasonable assessments, 
 rates and taxes, upon all the inhabitants of, and resi- 
 dents within the said State, and upon all estates 
 within the same ; to be issued and disposed of by 
 warrant under the hand of the Governor of this State 
 for the time being, with the advice and consent of 
 the Council, for the public service in the necessary 
 defense and support of the government of this State, 
 and the protection and preservation of the subjects 
 thereof, according to such acts as are or shall be in 
 force within the same. JV! U.. 401. 
 — The Legislature may, from time to time, establish 
 such other inferior courts as may be deemed neces- 
 sary, and to abolish the same whenever they shall 
 deem it expedient. Miss., 340. 
 
 [The Legislature may erect new courts.] Mass., 
 283 ; Miss., 370 ; N. H., 402. 
 
 — The Legislature shall have power, if they should 
 think it expedient and necessary, to provide by law 
 for the organization of a separate Supreme Court, 
 vyith the jurisdiction and powers prescribed in this 
 Constitution, to consist of one Chief Justice and two 
 Associate Justices, to be elected by the qualified 
 electors of the State, at such time and in such manner 
 as the Legislature may provide. The separate 
 Supreme Court, when so organized, shall not be 
 changed or discontinued by the Legislature ; the 
 judges thereof shall be so classified that but one of 
 them shall go out of office, at the same time, and 
 their term of office shall be the same as is provided for 
 the Judges of the Circuit Court. And whenever the 
 Legislature may consider it necessary to establish a 
 separate Supreme Court, they shall have power to 
 reduce the number of Circuit Court judges to four 
 and subdivide the judicial circuits, but no such subdi- 
 vision or reduction shall take efiect until after the 
 expiration of the term of some of the said judges, or 
 till a vacancy occur by some other means. Wis., 565. 
 
 JUDICIAL DISTRICTS. 
 
 — The State shall be divided into convenient circuits, 
 each to consist of not less than five nor more than 
 seven counties contiguous to each other, for each of 
 which a judge shall be elected, who, during his con- 
 tinuance in office, shall reside and be a conservator 
 of the peace, within the circuit for which he shall 
 have been elected. Arh., 91. 
 
 — The State shall be divided by the Legislature of 
 1863, into fourteen judicial districts, subject to such 
 alteration from time to time, by a two-thirds vote of the 
 
143 
 
 1 S 16. The Legislature may reorganize the judicial districts at the first ses- 
 
 2 sion after the return of every enumeration under this Constitution, in the 
 
 3 manner provided for in the fourth section of this article, and at no other time ; 
 
 4 and they may, at such session, increase or diminish the number of districts, 
 
 5 but such increase or diminution shall not be more than one district at any one 
 
 6 time. Each district shall have four Justices of the Supreme Court ; but no 
 
 7 diminution of the districts shall have the effect to remove a judge from office. 
 
 members elected to both Houses, as the public good 
 may require ; in each of which there shall be a Dis- 
 trict Coiu-t, and for each of which a District Judge 
 shall be elected by the qualified electors of the district, 
 at the special judicial elections to be held as provided 
 for the election of Justices of the Supreme Court by 
 section three of this article. Cat, (as amended in 
 1862). 
 
 — The State shall be divided into convenient circuits ; 
 and for each circuit there shall be a Judge, who shall, 
 after his election or appointment, reside in the circuit 
 for which ho has been elected or appointed ; and shall, 
 as well as Justices of the Supreme Court, receive for 
 his services a salary of not less than twenty-five 
 hundred dollars per annum, which shall not be dimin- 
 ished during his continuance in office, but the judges 
 shall receive no fees, perquisites of office, nor hold 
 any other office of profit under the State, the United 
 States, or any other power. Fl., 133. 
 — The State shall be divided into three grand divis- 
 ions, as nearly equal as may be, and the qualified 
 electors of each division shall elect one of the said 
 judges for the term of nine years; Provided, That 
 after the first election of such judges the General 
 Assembly may have the power to provide by law for 
 their election by the whole State, or by divisions, as 
 they may deem most expedient. Jll., 160. 
 — The State shall be divided into nine judicial dis- 
 tricts, in each of which one circuit judge shall be 
 elected by tlie qualified electors thereof^ who shall 
 hold his office for the term of six years, and until his 
 successor shall be commissioned and quahfied; Pro- 
 vided, That the Genei'al Assembly may increase the 
 number of circuits to meet the future exigencies of 
 the State.. Ill, 160. 
 
 — The foregoing districts may, after the taking of each 
 census by the State, be altered, if necessary, to equal- 
 ize the said districts in population, but such altera- 
 tion shall be made by adding to such district such 
 adjacent county or counties as will make said district 
 nearest equal in population ; Provided, no such alter- 
 ation shall affect the office of any judge then in office. 
 lU., 162. 
 
 — The State shall be divided into as many districts 
 as there are judges of the Supreme Court, and such 
 districts shall be formed of contiguous territory, as 
 nearly equal in population as, without dividing a 
 county, the same can be made. One of said judges 
 shall be elected from each district, and reside therein ; 
 but said judges shall be elected by the electors of the 
 State at large. Ind., 176. 
 
 — The State shall fiom time to time be divided into 
 judicial circuits, and a judge for each circuit shall be 
 elected by the voters thereof He shall reside within 
 the circuit, and shall hold his office for the term of six 
 years, if he so long behave well. Ind., 177. 
 — The State shall be divided into eleven judicial dis- 
 tricts, and after the year 1800. the Grtmeral Assembly 
 may reorjranize the judicial districts, and increase or 
 diminish the number of districts, or the number of 
 judges of the said court, and may increase the num- 
 ber of judges of the Supreme. Court ; but such 
 increase or diminution shall not be more than one 
 district, or one judge of either court at any one ses-: 
 
 sion ; and no reorganization of the districts or dimi- 
 nution of the judges, shall have the effect of remov- 
 ing a judge from office. Such reorganization of the 
 districts, or any change in the boundaries thereof, or 
 increase or diminution of the number of judges shall 
 take place every four years thereafter, if necessary, 
 and at no other time. Iowa, 189. 
 — The General Assembly, at the first session under 
 -this Constitution, shall district the State into eleven 
 judicial districts, for District Court purposes, and shall 
 also provide for the apportionment of the members 
 of the General Assembly, in accordance with the 
 provisions of this Constitution. Iowa, 195. 
 — The State shall be divided into five judicial districts, 
 in each of which there shall be elected, by the elec- 
 tors thereof, a district judge, who shall hold his office 
 for the term of four years. District Courts shall be 
 held at such times and places as may be provided by 
 law. Kan., 200. 
 
 — New or unorganized counties shall by law be 
 attached for judicial purposes to the most convenient 
 judicial district. Kan., 201. 
 
 — Provision may be made by law for the increase of 
 the number of judicial districts whenever two-thirds 
 of the members of each House shall concur. Such 
 districts shall be formed of compact territory and 
 bounded by county lines, and such increase shall not 
 vacate the office of any judge. Kan., 201. 
 — The General Assembly, if they deem it necessary, 
 may establish one additional district every four 
 years, but the judicial districts shall not exceed 
 sixteen, until the population of this State shall 
 exceed one million five hundred thousand. Ky., 216. 
 — At the first session after the adoption of this Con- 
 stitution, the General Assembly shall divide the State 
 into twelve judicial districts, having due regard to 
 business, territory, and population : Provided, That 
 no county shall be divided. Ky., 216. 
 — They shall, at the same time the judicial districts 
 are laid off, direct elections to be held in each district, 
 to elect a judge for said district, and shall prescribe in 
 what manner the election shall be conducted. Kv., 
 216. "' 
 
 — The judicial districts of this State shall not be 
 changed, except at the first session after an enume- 
 ration, unless when a new district may be established. 
 Ky., 216. 
 
 — The State shall be divided into eight judicial cir- 
 cuits ; in each of which the electors thereof shall elect 
 one Circuit Judge, who shall hold his office for the 
 term of fix years, and until his successor is elected 
 and qualified. Mich., 306. 
 
 —The Legislature may alter the limits of circuits, or 
 increase the number of the same. No alteratior. 
 or increase shall have the effect to remove a judge 
 from office. In every additional circuit established 
 the judge shall be elected by the electors of such 
 circuit, and his term of office shall continue as pro- 
 vided in this Constitution fur J adgos of the Circuit 
 Court. Mich., 306. 
 
 — The Legislature may at any time change the num- 
 ber of judicial districts ov tlicir bonndaries, when it 
 shall be deemed expedient, but no such change shall 
 vacate the office of any juJge. Minn.. 325. 
 
143 
 
 1 § 17. The electors of the several towns shall, at their annual town meeting, 
 
 2 and iu such manner as the Legislature may direct, elect Justices of the Peace, 
 
 3 whose term of office shall be four years. In case of an election to fill a va- 
 
 4 cancy occurring before the expiration of a full term they shall hold for the 
 
 5 residue of the unexpired term. Their number and classification may be regu- 
 
 — The State shall be divided by the Legislature into 
 six judicial distiiots, which shali be composed of con- 
 tiguous territory, be bounded by county lines and 
 contain a population as nearly equal as may be prac- 
 ticable. In each judicial district, one judge shall be 
 elected by the electors thereof, who shall constitute 
 said court, and whose term of office shall be seven 
 years. Every District Judge shall, at the time of his 
 election, be a resident of the district for which he 
 shall be elected, and shall reside therein during his 
 continuance in office. Minn., 324. 
 — The State shall be divided into convenient districts, 
 and each district shall contain not less than three nor 
 more than twelve counties. Miss., 339. 
 — The State, except the county of St. Louis, shall be 
 divided into not less than.five districts, each of which 
 shall embrace at least three judicial circuits; and in 
 each district a court, to be known as the District 
 Court, shall be held, at such times and places as may 
 be provided by law. Each District Court shall be 
 held by the Judges of the Circuit Courts embraced in 
 the district, a majoi-ity of whom shall be a quorum. 
 The District Courts shall, within their respective dis- 
 tricts, have like original jurisdiction with the Su- 
 preme Court, and appellate jurisdiction from the final 
 judgments of the Ciicuit Courts, and of all inferior 
 courts of record within the district, except Probate 
 and County Courts. After the establishment of such 
 District Courts, no appeal or writ of error shall lie 
 from any Circuit Court, or inferior court of record, to 
 the Supreme Court, but shall be prosecuted to the 
 District Court, from the final judgment of which an 
 appeal or writ of error may be taken to the Supreme 
 Court, in such cases as may be provided by law. 
 Mo., 358. 
 
 — The State shall be divided into convenient districts, 
 not to exceed four, in each of which the Supreme 
 Court shall be held, at such time and place as the 
 General Assembly may appoint; and when sitting 
 in either district, it sliall exercise jurisdiction over 
 causes originating in that district only; but the Gen- 
 eral Assembly may direct by law, that the said court 
 shall be held in one place only. Mo., 357. 
 — The State shall be divided into three judicial dis- 
 tricts, and the District Courts shall be held at such 
 times and places as may be provided by law, and the 
 Legislature shall, by law, assign the Justices to hold 
 District Courts in the several districts: Provided, 
 That until the Legislature shall have provided by law, 
 the Governor shall have authority to make such 
 assignment. Neh., 375. 
 
 — The State is hereby divided into nine judicial dis- 
 tricts. The Legislature may, however, provide, by 
 law, for an alteration in the boundaries or division of 
 the districts herein prescribed, and also for increasing 
 or diminishing the number of judicial districts and 
 judges therein. But no such change shall take effect 
 except in case of a vacancy or the expiration of a 
 term of an incumbent of the office. Nev., 386. 
 — The State shall be divided into nine common pleas 
 districts, of which the county of Hamilton shall con- 
 stitute one, of compact territory, and bounded by 
 county lines; and each of said districts, consisting of 
 three or more counties, shall be subdivided into three 
 parts, of compact territory, bounded by comity lines, 
 and as nearly equal in population as practicable; in 
 each of which one Judge of the Court of Common 
 Pleas for said district, and residing therein, shall be 
 elected by the electors of said subdivision. Courts of 
 Common Pleas shall be held by one or more of these 
 
 judges in every county in the district, as often as may 
 be provided by law ; and more than one court, or 
 sitting thereof, may be held at the same time in each 
 district. Ohio, 437. 
 
 — The boundaries of the several judicial and election 
 districts shall remain as they are now established. 
 S. C, 482. 
 
 — The State shall be divided into convenient judicial 
 districts. For each district tliere shall be elected by 
 the qualified voters thereof, at a general election for 
 Stal^e or county officers a judge who shall reside in 
 the same ; shall hold his office for the term of eight 
 years; shall receive an annual salary of not less than 
 three thousand five hundred dollars, which shall not 
 be increased or diminished during his term of service, 
 and shall hold the courts at one place in each county 
 in the district at least twice in each year, in such 
 manner as may be prescribed by law. Tex., 510. 
 — Each judicial district in the State shall constitute 
 one election district, except Charleston district, which 
 shall be divided into two election districts; one con- 
 sisting of the late parishes of St. Philip and St. 
 Michael, to be designated the election district of 
 Charleston ; the other, consisting of all that part of 
 the judicial district which is without the limits of the 
 said parishes, to be known as the election district of 
 Berkeley. 8. C, 482. 
 
 — The State shall be divided into sixteen judicial 
 circuits, seven districts, and three sections. Va., 541. 
 — The General Assembly may at the end of five 
 years after the adoption of this Constitution, and 
 thereafter at intervals of ten years, re-arrange the 
 said circuits, districts and sections, and place any 
 number of circuits in a district and of districts in a 
 section ; but each circuit shall be altogether in one 
 district and each district in one section ; and there 
 shall not be less than two districts .ind four circuits 
 in a section, and the number of sections shall not be 
 diminished. Va., 591. 
 
 — The Legislature may from time to time, re-arrange 
 the circuits; and after the expiration of five years 
 from the time this Constitution goes into operation, 
 and thereafter, at periods of ten years, may increase 
 or diminish the number of circuits, or the number of 
 courts in a year, as necessity may require. W. Va., 
 552. 
 
 —The State shall be divided into five judicial circuits. 
 Wis., 5G6. 
 
 — The Legislature may alter the limits, or increase 
 the number of circuits, making them as compact and 
 convenient as practicable, and bounding them by 
 county lines, but no such alteration or increase shall 
 have the effect to remove a judge from office. In 
 case of an increase of circuits, the judge or judges 
 shall be elected as provided in this Constitution, and 
 receive a salary not less than that herein provided 
 for Judges of the Circuit Court. Wis., 566. 
 
 JUSTICES OF THE PEACE. 
 
 — [Under the first Constitution of New York, Jus- 
 tices were appointed by the Council of Appointment. 
 In 1821, they were appointed by Supervisors and 
 Judges, but in 1826 an amendment was adopted, 
 directing their election for a term of four years]. 39, 
 44. 
 
 — A competent number of Justices of the Peace shall 
 be appointed in and for each county, in such mode, 
 and for such term of office, as the General Assembly 
 
144 
 
 6 lated by law. Justices of the Peace and judges or justices of inferior courts 
 
 7 not of record, and their clerks, may be removed after due notice and an 
 
 8 opportunity of being heard in their defense by such county, city or State 
 
 9 courts as may be prescribed by law, for causes to be assigned in the order of 
 10 removal. 
 
 may by law direct ; whose jurisdiction, in civil cases, 
 shall be limited to causes in which the amount in 
 controversy shall not exceed one hundred dollars; 
 and in all cases tried by a Justice of Ihe Peace, the 
 right of appeal shall be secured, under such rules and 
 regulations, as may be prescribed by law. Ah., 80. 
 — The qualified voters residiup; in each township 
 shall elect the Justices of the Peace for each town- 
 ship. For every one hundred voters there may be 
 elected one Justice of the Peace ; Provided, That 
 each township, however small, shall have two Jus- 
 tices of the Peace. Justices of the Peace shall be 
 elected for the term of two years, and shall hold their 
 offices until their successois are elected and qualified : 
 shall be commissioned by the Grovernor, and shall 
 reside in the township for which they are elected 
 during their continuance in office. The first election 
 for Justices of the Peace shall take place on the sec- 
 ond Monday in March, 1864, and the second election 
 on the first Monday in August, one thousand eight 
 hundred and sixty-six, and at the regular elections there- 
 after. Justices of the Peace, individually, or two or 
 more of them jointly, shall have original jurisdiction 
 in cases of bastardy, and in all matters of contract, 
 and actions for the recovery of fines and forfeiture 
 where the amount claimed does not exceed two 
 hundred dollars, and concurrent jurisdiction with 
 Circuit Courts where the amount claimed exceeds 
 one hundred dollars, and does not exceed two hun- 
 dred dollars, and such jurisdiction as maybe provided 
 bylaw in aclions ex delicto, where the damages clairned 
 do not exceed one hundred dollars ; and prosecutions 
 for assault and battery and other penal ofifenses less 
 than felony, punishable by fine only. Every action 
 cognizable before a Justice of the Peace, instituted 
 by summons or warrant, shall be brought before some 
 Justice of the Peace of the township where the 
 defendant re.sides. They may also sit as examining 
 courts, and commit, discharge, or recognize any per- 
 son charged with any crime of any grade. For the 
 foregoing purposes they shall have power to issue all 
 necessary process. They shall also have power to 
 bind to keep the peace, or for good behavior. Ark., 92. 
 — There shall be established in each county in the 
 State a court to be holden by the Justices of the Peace, 
 a conrt called the County Couit, which shall have 
 jurisdiction in all matters relating to taxes, disburse- 
 ments of money for county purposes, and in every 
 other case that may be necessary to the internal 
 improvement and local concerns of the respective 
 counties. Ark., 91. 
 
 — The Legislature shall determine the number of 
 Justices of the Peace to be elected in each city and 
 township of the State, and fix by law their powers, 
 duties, and responsibilities; Provided, such powers 
 shall not in any case trench upon the jurisdiction of 
 the several courts of record. Cal, (as amended in 
 1862). 
 
 — There shall be appointed in each county, a suffi- 
 cient number of Justices of the Peace, with such 
 jurisdiction in civil and criminal cases as the General 
 Assembly may prescribe. Ci., 111. 
 — The Governor shall appoint a competent number 
 of persons to the office of Justice of the Peace, not 
 exceeding twelve in each county, until two-thirds of 
 both Houses of the Legislature shall by law direct an 
 adciition to the number, who shall be commissioned 
 for seven years, if so long they shall behave them- 
 selves well, but may be removed by the Governor 
 within that time on conviction of misbehavior in 
 
 office, or on the address of both Houses of the Legis- 
 lature. Del, 124. . 
 
 — A competent number of Justices of the Peace shall 
 be from time to time elected in and for each county, 
 in such mode and for such term of office as the Gen- 
 eral Assembly may direct, and shall possess such 
 jurisdiction as may be prescribed by law; and in 
 cases tiied before a justice of the Peace, the right of 
 appeal shall be secured under such rules and regula- 
 tions as may be prescribed by law. FL, 134. 
 — The Justice or Justices of the Inferior Court and 
 the Judge of such other County Court as may by 
 law be created, shall be elected in each county by the 
 persons entitled to vote for members of the General 
 Assembly. Oa., 149. 
 
 — The Justice of the Peace shall be elected in each 
 district by the persons entitled to vote for members 
 of the General Assembly. . Ga., 149. 
 — A competent number of Justices of the Peace shall 
 be elected by the voters in each township in the sev- 
 eral counties. They .shall continue in office four 
 years, and their powers and duties shall be prescribed 
 by law. Ind., 177. 
 
 — The jurisdiction of Justices of the Peace shall ex- 
 tend to all civil cases (except cases in chancery and 
 cases where the question of title to any real estate 
 may arise), where the amount in controversy does 
 not exceed one hundred dollars, and by the consent 
 of parties may be extended to any amount not ex- 
 ceeding three hundred dollars. Iowa. 193. 
 — There shall be elected in each county in this State, 
 in such districts as the General Assembly may direct, 
 by the qualified electors thereof a competent number 
 of Justices of the Peace, who shall hold their offices 
 for the term of four years, and uutil their succespors 
 shall have been elected and qualified, and who shall 
 perform such duties, receive such compensation, and 
 exercise such jurisdiction, as may be prescribed by 
 law. in., 161. 
 
 — Two Justices of the Peace shall be elected in each 
 township, whose term of office shall be two years, 
 and whose powers and duties shall be prescribed by 
 law. The number of Justices of the Peace may be 
 increased in any township by law. Kan., 201. 
 — Each county in this State shall be laid off into dis- 
 tricts of convenient size, as the General Assembly 
 may, from time to time direct Two Justices of the 
 Peace shall be elected in each district, by the qualified 
 voters therein, at such time and place as may be pre- 
 scribed by law, for the term of four years, whose 
 jurisdiction shall be co-extensive with the county ; 
 no person shall be eligible as a Justice of the Peace, 
 unless he be a citizen of the United States, twenty- 
 one years of age, and a resident of the district in 
 which he may be a candidate. Ky., 217. 
 — The General Assembly may provide by law, that 
 the Justices of the Peace in each county shall sit at 
 the Court of claims and assist in laying the county 
 levy and making appropriations only. Ky., 217. 
 —A Constable shall be elected in every Justice's dis- 
 trict, who shall be chosen for two years, at such time 
 and place as may be provided by law, whose juris- 
 diction shall be co-extensive with the county in 
 which he may reside. A'?/., 218. 
 — The jurisdiction of Justices of the Peace shall not 
 exceed in civil cases the sum of one hundred dollars, 
 exclusive of interest, subject to appeal in such cases 
 as shall be provided for by law. They shall be elected 
 by the qualified voters of their several districts, and 
 shall hold their office duricg a term of two years. 
 
145 
 
 They shall have such criminal jurisdiction as shall be 
 provided by law. La., 23'2. 
 
 — Justices of the Peace and Notaries Public shall 
 hold their offices during seven years, if they so long 
 behave themselves well, at the expiration of which 
 term they may be re-appointed, or others appointed 
 as the public interest may require. Me., 246. 
 — Judges of the County Court, and Justices of the 
 Peace, shall be conservators of the peace. Ky., 217. 
 — The Governor, by and with the advice and consent 
 of the Senate, shall appoint such number of Justices 
 of the Peace, and the County Commissioners of the 
 several counties, and the Mayor and City Council of 
 Baltimore, shall appoint such number of Constables 
 for the several election distiicts of the counties and 
 wards of the city of Baltimore, as are now or may 
 hereafter be prescribed by law ; and Justices of the 
 Peace and Constables so appointed, shall be subject 
 to removal by the judge having criminal jurisdiction 
 in the county or city, for incompetency, willful neg- 
 lect of duty, or misdemeanor in office, on conviction 
 in a court of law. The Justices of the Peace and 
 Constables so appointed and commissioned shall be 
 conservators of the peace, shall hold their office for 
 two years, and shall have such jurisdiction, duties 
 and compensation, subject to such right of appeal in 
 all cases, from the judgment of Justices of the Peace, 
 as hath been heretofore exercised, or shall be here- 
 after prescribed by law. Md., 270. 
 — In the event of a vacancy in the office of a Justice 
 of the Peace, the Governor shall appoint a person to 
 serve as Justice of the Peace for the residue of the 
 term, and in case of a vacancy in the office of Con- 
 stable, the County Commissioners of the county in 
 which the vacancy occurs, or the Mayor and City 
 Council of Baltimore, as the case may be. shall ap- 
 point a person to serve as Constable for the residue of 
 the terra. Md., 270. 
 
 — In order that the people may not suffer from the 
 long continuance in place of any Justice of the Peace, 
 who shall fail of discharging the important duties of 
 his office with ability or fidelity, all commissions of 
 Justice of the Peace shall expire and become void 
 in the term of seven years from their respective 
 dates; and upon the expiration of any commission, 
 the same may, if necessary, be renewed, or another 
 person appointed, as shall most conduce to the well 
 being of the Commonwealth. Mass., 290. 
 — In civil cases. Justices of the Peace shall have 
 exclusive jurisdiction to the amount of one hundred 
 dollars, and concurrent jurisdiction to the amount of 
 three hundred dollars, which may be increased to five 
 hundred dollars, with such exceptions and restrictions 
 as may be provided by law. They shall also have 
 such criminal jurisdiction, and perform such duties as 
 shall be prescribed by the Legislature. Mich., 306. 
 — There shall be, not exceeding four Justices of the 
 Peace in each organized township. They shall be 
 elected by the electors of the townships, shall hold 
 their offices for four years, and until their successors 
 are elected and qualified. At the first election in 
 any township, they shall be classified as prescribed 
 by law. A justice elected to fill a vacancy shall hold 
 his office for the residue of the unexpired term. The 
 Legislature may increase the number of justices in 
 cities. Mkh., 306. 
 
 — The Legislature shall provide for the election of a 
 sufficient number of Justices of the Peace in each 
 county, whose term of office shall be two years, and 
 whose duties and compensation shall be prescribed 
 by law ; Provided, That no Justice of the Peace shall 
 have jurisdiction of any civil cause where the amount 
 in controversy shall exceed one hundred dollars, nor 
 in a criminal cause where the punishment shall ex- 
 ceed three months imprisonment, or a fine of over 
 one hundred dollars, nor in any cause involving the 
 title to real estate. Minn., 325. 
 — A competent number of Judges of the Peace and 
 Constables shall be chosen in each county by the 
 qualified electors thereof, by districts, who shall hold 
 their offices for the term of two years. The jurisdic- 
 tion of Justices of the Peace shall be limited to causes 
 37 
 
 in which the principal of the amount in controversy 
 shall not exceed the amount of fifty dollars. In all 
 causes tried by a Justice of the Peace, the right of 
 appeal shall be secured under such rules and regula- 
 tions as shall be prescribed by law. Mils., 340. 
 — In each county there shall be appointed, or elected, 
 as many Justices of the Peace as the public good may 
 be thought to require. Their powers and duties, and 
 their duration in office, shall be regulated by law. 
 Mo., 359, 
 
 — The Legislature shall determine the number of Jus- 
 tices of the Peace, to be chosen in each city and 
 township of the State, and shall fix by law their 
 powers, duties and responsibilities: Provided, That 
 such Justices' Courts shall not have jurisdiction of the 
 following cases, viz. : First, Of cases in which the 
 matter in dispute is a money demand or personal 
 property, and the amount of demand exclusive of 
 interest or the vahie of the property exceeds three 
 hundred dollars. Secord, Of cases wherein the title 
 to real estate, or mining claims, or questions of 
 boundaries to land is or may be involved ; or of cases 
 that in any manner shall conflict with the jurisdiction 
 of the several courts of record in this State : And, 
 Provided, further, That Justices' Courts shall have 
 such criminal jurisdiction as may be prescribed by 
 law ; and the Legislature may confer u|ion said 
 courts jurisdiction concurrent with tlie District Courts 
 of actions to enforce mechanics' liens, wherein the 
 amount, exclusive of interest, does not exceed three 
 hundred dollars ; and also, of actions for the posses- 
 sion of lands and tenements, where the relation of 
 landlord and tenant exists, or where such possession 
 has been unlawfully or fraudulently obtained or with- 
 held. Nero., 387. 
 
 — In order that the people may not suffer from the 
 long continuance in place of any Justice of the 
 Peace who shall fail in discharging the important 
 duties of his office with ability and fidelity, all com- 
 missions of Justices of the Peace shall become void 
 at the expiration of five years from their respective 
 dates ; and upon the expiration of any commission, 
 the same may, if necessary, be renewed, or another 
 person appointed, as shall most conduce to the well 
 being of the State. N. H., 408. 
 — The General Court are empowered to give to Jus- 
 tices of the Peace jurisdiction in civil causes, when 
 the damages demanded shall not exceed four pounds, 
 and title of real estate is not concerned ; but with the 
 right of appeal to either party to some other court, 
 so that a trial by jury in the last resort may be had. 
 N. H., 408. 
 
 — Justices of the Peace shall be elected by ballot, at 
 the annual meetings of the townships in the several 
 counties of the State, and of the wards in the cities 
 that may vote in wards, in such manner, under such 
 regulations, as may be hereafter provided by law. 
 
 'They shall be commissioned for the county, and 
 their commissions shall bear date and take effect on 
 the first day of May next after their election. 
 
 They shall hold their offices for five years ; but 
 when elected to fill vacancies, they shall hold for the 
 unexpired term only: Provided, That the commission 
 of any Justice of the Peace shall become vacant upon 
 his ceasing to reside in the township in which he was 
 elected. 
 
 The first election for Justices of the Peace shall 
 take place at the next annual town meetings of the 
 townships in the several counties of the State, and of 
 the wards in cities that may vote in wards. N. J., 
 419. 
 
 — There may be elected under this Constitution two, 
 and not more than five Justices of the Peace in each 
 of the townships of the several counties of this State, 
 and in each of the wards, in cities that may vote in 
 wards. When a township or ward contains two 
 thousand inhabitants or less, it may havp two justices ; 
 when it contains more than two thousand inhabitants, 
 and not more than four thousand, it may have four 
 justices ; and when it contains more than fpur thou- 
 sand inhabitants, it may have five justices : Provided, 
 That whenever any towpship nof voting in waf^s, 
 
146 
 
 contains more than seven thousand inhabitants, such 
 township may have an additional justice for each 
 additional three thousand inhabitants above four 
 thousand. N: J., US. 
 
 — Upon the conviction of any Justice of the Peace of 
 any infamous crime, or of corruption or malpractice in 
 office, the commission of such justice shall be thereby 
 vacated, and he shall be forever disqualified from 
 holding such appointment. N. C, 429. 
 — That the Justices of the Peace, within their respec- 
 tive counties in this State, shall in future be recom- 
 mended to the Governor, for the time being, by the 
 Representatives in General Assembly, and the Gover- 
 nor shall commission them accordingly, and the 
 justices, when so commissioned, shall hold their offi- 
 ces during good behavior, and shall not be removed 
 from office by the General Assembly, unless for mis- 
 behavior, absence or inability. N. C, 425. 
 — A competent number of Justices of the Peace shall 
 be elected by the electors, in each township in the 
 several counties. Their term of office shall be three 
 years, and their powers and duties shall be regulated 
 by law. Ohio, 437. 
 
 — Justices of the Peace, and county and township 
 officers may be removed, in such manner and for 
 such cause, as shall be prescribed by law. Ohio, 440. 
 — Justices of the Peace may also be invested with 
 limited judicial powers. Or., 454. 
 — Justices of the Peace or Aldermen, shall be elected 
 in the several wards, boroughs and townships, at the 
 same time of the election of Constables by the qualified 
 voters thereof, in such number as shall be directed 
 by law, and shall be commissioned by the Governor 
 for a terra of five years. But no township, ward or 
 borough, shall elect more than two Justices of the 
 Peace or Aldermen without the consent of a majority 
 of the qualified electors witliin such township, ward 
 or borough. Pa., 466. 
 
 — Justices of the Peace and other civil officers, not 
 hereinbefore mentioned, for crimes or misdemeanors 
 in office, shall be liable to indictment in sucli courts 
 as the Legislature may direct; and upon conviction, 
 shall be removed fi'om office, by said court, as if 
 found guilty on impeachment ; and shall be subject to 
 such other punishment as may be prescribed by law. 
 Term., 496. 
 
 — There shall be elected a convenient number of Jus- 
 tices of the Peace, who shall have such civil and 
 criminal jurisdiction as shall be provided by law, 
 where the matter in controversy shall not exceed, in 
 value, one hundred dollars, exclusive of interest ; 
 also one Sheriff, one Coroner, and a sufficient num- 
 , bor of Constables, who shall hold their offices for four 
 years, to be elected by the qualified voters of the dis- 
 trict, or county, as the Legislature may direct. Jus- 
 tices of the Peace, SheriflFs and Coroners shall be 
 commissioned by the Governor. The Sheriff shall 
 not be eligible more than eight years in every twelve. 
 Tex., 512. 
 
 — Justices of the Peace shall be elected by the free- 
 men of their respective towns; and towns having less 
 than one thousand inhabitants may elect any number 
 of Justices of the Peace not exceeding five ; towns 
 having one thousand, and less than two thousand 
 inhabitants, may elect seven ; towns having two thou- 
 sand, and less than three thousand inhabitants, may 
 elect ten; towns having three thousand, and less than 
 five thousand inhabitants, may elect twelve; and 
 fowns having five thousand, or more, inhabitants, 
 may Aeatfifleem, Justices of the Peace. Vt., 529. 
 — The Justices of the Peace for the several towns in 
 this State shall be appointed by the electors in such 
 towns ; and the time and the manner of their elec- 
 tion, the number for each town, and the period for 
 which they shall hold their offices, shall be prescribed 
 by law. Ct., 115. 
 — The power and jurisdiction of Justices of the Peace 
 
 within their respective counties shall be prescribed 
 by law. Va., 543. 
 
 — Bach county shall be laid off into districts as nearly 
 equal as may be in territory and population. Such 
 districts as now laid off by law shall continue, sub- 
 ject to such changes as may hereafter be made by the 
 General Assembly. In each district there shall be 
 elected, by the voters thereof, four Justices of the 
 Peace, who shall be commissioned by the Governor, 
 reside in their respective districts, and hold their 
 offices for the term of four years. The justices so 
 elected shall choose one of their own body, who shall 
 be the presiding justice of the County Court, and 
 whose duty it shall be to attend each terra of said 
 court. The other justices shall be classified by law 
 for the perforraance of their duties in court. Va., 543. 
 — The Justices of the Peace, Sheriffs, Attorneys for 
 the Commonwealth, Clerks of the Circuit and County 
 Courts, and all other county officers, shall be subject 
 to indictment for malfeasance, misfeasance or neglect 
 of official duty ; and upon conviction thereof, their 
 offices shall become vacant. Va., 544. 
 — The civil jurisdiction of a justice shall extend to 
 actions of assumpsit, debt, detinue and trover, if the 
 amount claimed, exclusive of interest, does not exceed 
 one hundred dollars, when the defendant resides, or, 
 being a non-resident of the State, is found, or has 
 effects or estate within his township, or when the 
 cause of action arose therein ; but any other justice 
 of the same county may issue a summons to the 
 defendant to appear before the justice of the proper 
 township, which may be served by A Constable of 
 either township. In case of a vacancy in the office 
 of Justice or Constable in any township having but 
 one, or of the disability to act of the incumbent, any 
 other Justice or Constable of the sime county may 
 discharge the duties of their respective offices within 
 the said township. The manner of conducting the 
 aforesaid actions, and of issuing surhmonses and exe- 
 cutions, and of executing and making return of the 
 same, shall be prescribed by law ; And the Legislature 
 may give to Justices and Constables such additional 
 civil jui-isdiction and powers, witliin their respective 
 townships, as may be deemed Expedient. W. Va., 
 555. 
 
 — Every Justice and Constable shall be a conservator 
 of the peace throughout his cotmty, and have such 
 jurisdiction and powers in crirhinal cases therein as 
 may be prescribed by law. Jurisdiction of all mis- 
 demeanors and breaches of the peace, punishable by 
 fine not exceeding ten dollars, or by imprisonment 
 for not more than thirty days, may be, by law, 
 vested in the justices. W. Fa., 555. 
 — Either party to a civil suit brought before a justice 
 where the value in controversy, or the damages 
 claimed, exceeds twenty dollat-s, and the defendant, 
 in such cases of misdemeanor or breach of the peace 
 as may be made by law cognizable by a single jus- 
 tice, when the penalty is imprisonment or a fine' 
 exceeding five dollars, shall be entitled to a trial by 
 six jurors, if demanded, under such regulations as 
 may be prescribed by law. W. Va., 555. 
 — The electors of the several towns, at their annual 
 town meetings, and the electors of cities and villages, 
 at their charter elections, shall in such manner as the 
 Legislature may direct, elect Justices of the Peace, 
 whose term of office shall be for two years, and until 
 their successors in office shall be elected and quali- 
 fied. In case of an election to fill a vacancy occur- 
 ring before the expiration of a full term, the justice 
 elected shall hold for the residue of the unexpired 
 term. Their number and classification shall be regu- 
 lated by law. And the tenure of two years shall in 
 no wise interfere with the classification in the first 
 instance. The justices thus elected shall have such 
 civil and criminal jurisdiction as shall be prescribed 
 by law. Wis., 567. 
 
147 
 
 1 § 18. All judicial officers of cities and villages, and all such judicial officers 
 
 2 as may be created therein by law, shall be elected at such times and in such 
 
 3 manner as the Legislature may direct. 
 
 1 § 19. Clerks of the several counties of this State shall be clerks of the 
 
 2 Supreme Court, with such powers and duties as shall be prescribed by law. A 
 
 3 clerk of the Oqurt of Appeals, to be ex officio clerk of the Supreme Court, and 
 
 4 to keep his office at the seat of government, shall be chosen by the electors of 
 
 5 the State ; he shall hold his office for three years, and his compensation shall 
 
 6 be fixed by law and paid out of the public treasury. 
 
 MUNICIPAL AND LOCAL COURTS. 
 
 — The special justices, and the assistant justices and 
 their clerlis, in the city of New York, shall be ap- 
 pointed by the Common Council of the said city ; and 
 shall hold their offices for the same term that the 
 justices of the peace in t^e other counties of this 
 State, hold their offices, aqd shall be removable in 
 like manner. N. Y. (1821),. 40. 
 — Provision shall be made by law prescribing the 
 powers, duties and responsibilities of any municipal 
 court that may be established in pursuance of section 
 1, of this article ; and also fixing by law the jurisdic- 
 tion of said court so as not to conflict with that of 
 the several courts of record. Nev., 387. 
 — The Recorders of the several Mayors' Courts in 
 this Commonwealth, shall be appointed for the same 
 time and in the same manner, as the President Judges 
 of the several judicial districts ; of those now in office, 
 the commission oldest in date shall expire on the 
 twenty-seventh day of February, one thousand eight 
 hundred and forty-one, and the others every two 
 years thereafter, according to their respective dates ; 
 those oldest in date expiring first. Pa., 469. 
 — The General Assembly may vest such jurisdiction 
 as shall be deemed necessary, in Corporation Courts, 
 and in the magistrates who may belong to the corpo- 
 rate body. Va., 544. 
 
 — The Legislature may establish courts of limited 
 jurisdiction within any incorporated town or city, 
 subject to appeal to the Circuit Courts. W. Va., 559. 
 —The Legislature shall impose a tax on all civil suits 
 commenced or prosecuted in the Municipal, Inferior, 
 or Circuit Courts, which shall constitute a fund to be 
 applied toward the payment of the salary of judges. 
 Wis., 567. 
 
 OFFICERS AND REPORTERS OF COURTS. 
 
 — And he it further ordained, That the Register and 
 Clerks in Chancery, be appointed by the Chancellor; 
 the Clerks of the 'Supreme Court by the Judges of 
 the said court; the Clerk of the Court of Probate, 
 by the judge of said court; and the Register and 
 Marshal of the Court of Admiralty, by the Judge of 
 the Admiralty. The said marshal, registers and 
 clerks to continue in office during the pleasure of 
 those by whom they are appointed, as appointed. 
 N. Y. (1777), 30. 
 
 — The Clerk of the Court of Oyer and Terminer, and 
 General Sessions of the Peace in and for the city and 
 county of New York, shall be appointed by the Court 
 of General Sessions of the Peace in said city, and 
 hold his ofldce during the pleasure of said court; 
 and such clerks and other officers of courts, whose 
 appointment is not herein provided for, shall be 
 appointed by the several courts, or by the Governor, 
 with the consent of the Senate, as may be directed 
 by law. N. Y. (1821), 40. 
 
 — Clerks of the Circuit Courts, and of such inferior 
 courts as may be by law established, shall be elected 
 by the qualified electors in each count}', for the term 
 of four years; and may be removed from office for 
 such causes and in such manner as may be by law 
 prescribed. Vacancies in the office of clerk shall be 
 filled by the Judge of the Court, and the person so 
 appointed shall hold office until the next general 
 election, and until his successor is elected and quali- 
 fied; Provided, That the General Assembly shall 
 have power to annex the duties of clerk to the office 
 of judge of any inferior court by law established. 
 Ala., 81. 
 
 — The Supreme Court shall appoint its own Clerk or 
 Clerks, for the term of four years. The qualified 
 voters of each county shall elect a Clerk of the Circuit 
 Court for the respective counties, who shall hold his 
 office for the term of two years, and until his succes- 
 sor is elected and qualified, and Courts of Chancery, 
 if any be established, shall appoint their own Clerks. 
 Ark., 91. 
 
 — The Legislature shall provide for the election of a 
 Clerk of the Supreme Court, County Clerks, District 
 Attorneys, Sherifi^s, and other necessary officers, and 
 shall fix by law their duties and compensation. Cal., 
 (as amended in 1862). 
 
 —The Legislature shall provide for the speedy publi- 
 cation of such opinions of the Supreme Court as it 
 may deem expedient; and all opinions shall be free 
 for publication by any person. Cal., (as amended in 
 1862.) 
 
 — The Clerks of the Circuit Courts of the several cir- 
 cuits of this State, shall be elected by the qualified 
 voters in their several counties at such times and 
 places as are now or may be provided by law. Pro- 
 vided, however. That the Chief Justice of the Supreme 
 Court and the Chancellors of the Court of Chancery, 
 when such courts shall be established, shall have the 
 power to appoint the Clerks of their respective courts. 
 Fl, 135. 
 
 — The qualified voters of each county in this State 
 shall elect a Clerk of the Circuit Court, who shall 
 hold his office for the term of four years, and until 
 his successor shall have been elected and qualified, 
 who shall perform such duties and receive such com- 
 pensation as may be prescribed by law. The Clerks 
 of the Supreme Court shall be elected in each divis- 
 ion, by the qualified electors thereof, for the term of 
 six years, and until their successors shall have been 
 elected and quahfied; whose duties and compensa- 
 tion shall be piovided by law. III., 161. 
 — The General Assembly shall provide by law for 
 the speedy publication of the decisions of the Supreme 
 Court made under this Constitution; but no judge 
 shall be allowed to report such decision. Ind., 177. 
 — There shall be elected by the voters of the State, 
 a Clerk of the Supreme Court, who shall hold his 
 office four years, and whose duties shall be prescribed 
 by law. ind., 177. 
 — There shall be appointed, by the Justices of the 
 
148 
 
 Supreme Court, a Reporter and Clerk of said court, 
 who shall hold their offices two years, and whose 
 duties shall be prescribed by law. Kan., 200. 
 — There shall be elected, by the qualified voters of 
 this State, a Cleik of the Court of Appeals, who 
 shall hold his office, from the first election, until the 
 first Monday in August, 1858, and thereafter for the 
 term of eight years from and after his election; and 
 should the General Assembly provide for holding the 
 Court of Appeals in any one or more of said districts, 
 they shall also provide for the election of a Clerk by 
 the qualified voters of such district, who shall hold 
 his office for eiglit years, possess the same qualifica- 
 tions, and be subject to removal in the same manner 
 as the Clerk of the Court of Appeals; but if the 
 Genei'al Assembly shall, at its first or any other ses- 
 sion, direct the Court of Appeals to hold its sessions 
 in more than one district, a Clerk shall be elected by 
 the qualified voters of such district. And the Clerk, 
 first provided for in this section, shall be elected by 
 the qualified voters of the other district or districts. 
 The same principle shall be observed whenever the 
 Court shall be directed to hold its sessions in either 
 of the other districts. Should the number of Judges 
 be reduced, the terra of the office of Clerk shall be 
 six years. Ky., 215. 
 
 — No person shall be eligible to the office of Clerk of 
 the Court of Appeals, unless he be a citizen of the 
 United States, a resident of the State two years next 
 preceding his election, of the age of twenty-one 
 years, and have a certificate from a Judge of the 
 Court of Appeals, or a Judge of a Circuit Court, that 
 he has been examined by the Clerk of his Court, 
 under his supervision, and that he is qualified for the 
 office for which he is a candidate. Ky., 215. 
 — Should a vacancy occur in the office of the Clerk of 
 the Court of Appeals, the Governor sliall issue a writ 
 of election, and the qualified voters of the State, oi' of 
 the district in which the vacancy may occur, shall 
 elect a Clerk of the Court of Appeals, to serve until 
 the end of the term for which such Clerk was elected ; 
 Provided, That when a vacancy shall occur from any 
 cause, or the Clerk be under charges upon information, 
 the Judges of the Court of Appeals shall have power 
 to appoint a Clerk, pro tern., to perform the duties of 
 clerk until such vacancy shall be filled, or the Clerk 
 acquitted; And^ provided further, That no writ of 
 election shall issue to fill a vacancy unless the unex- 
 pired term exceed one year. Ky., 216. 
 — No person shall be eligible to the office of Clerk 
 unless he shall have procured fiom a Judge of the 
 Court of Appeals, or a Judge of the Circuit Court a 
 certificate that he has been examined by the Clerk 
 of his Court, under hi3 supervision, and that he is 
 qualified for the office for which he is a candidate. 
 Ky., 218. 
 
 — The Clerks of the Court of Appeals, Circuit, and 
 County Courts, shall be removable from office by the 
 Court of Appeals, upon infojmation and good cause 
 shown-. The Court shall be judges of the fict as well 
 as the law-. Two-thirds of the members present must 
 concur in the sentence. Ky., 217. 
 ^Circuit Court Clerk for each county, shall be 
 elected, whose term of office shall be the same as 
 that of the Circuit Judges; also, a County Court 
 Clerk, an Attorney, Surveyor, Coroner, and Jailer, 
 for each county, whose term of office shall be the 
 same as that of the Presiding Judge of the County 
 Court. Ky., 218. 
 
 — The Clerks of the Inferior Courts shall be elected 
 by the qualified voters of their several districts, and 
 shall hold their offices during a terra of four years. 
 La., 2.32. 
 
 — The Court of Appeals shall appoint its own clerk, 
 who shall hold his office for six years, and may be 
 re-appointed at the end thereof; he shall be subject 
 to removal by the court for incompetency, neglect of 
 duty, misdemeanor in office, or such other cause or 
 causes as may be prescribed by law. Md., 267. 
 — The clerks of the several courts created or continued 
 by this Constitution shall have chai'ge and custody of 
 the records and other papers; shall perform all the- 
 
 duties and be allowed the fees which appertain to 
 their several offices as the same now are or may here- 
 after be regulated by law. Md., 266. 
 — There shall be a clerk of the Circuit Court for each 
 county, who shall be selected by a plurality of the 
 qualified voters of said county ; he shall hold his office 
 for the term of six years from the time of his election, 
 and until a new election is held and his successor 
 duly qualified ; he shall be re-eligible at the end of 
 his term, and shall at any time be subject to removal 
 for willful neglect of duty, or other misdemeanor in 
 office, on conviction in a court of law. In the event 
 of any vacancy in the office of the clerk of any of the 
 circuit courts, said vacancy shall be filled by the judge 
 of said circuit in which said vacancy occurs, until the 
 next general election for county officers, when a Clerk 
 of said Circuit Court shall be elected to serve for six 
 years thereafter. Md., 268. 
 
 — The Clerk of the Court of Common Pleas shall have 
 authority to issue within said city all marriage and 
 other licenses required by law, subject to such pro- 
 visions as the General Assembly have now or may 
 hereafter prescribe, and the Clerk of the Superior 
 Court of said city shall receive and record all deeds, 
 conveyances and other papers which are required by 
 law to be recorded in said city. He shall also have 
 custody of all papers connected with the proceedings 
 on the law or equity side of Baltimore County Court, 
 and of the dockets thereof, so far as the same have 
 relation to the city of Baltimore. Md., 269. 
 — The Supreme Court may appoint a reporter of its 
 decisions. The decisions of the Supreme Court shall 
 be in writing, and signed by the judges concurring 
 therein. Any judge dissenting therefrom, shall give 
 the reasons of such dissent in writing, under his sig- 
 nature. All such opinions shall be filed in the office 
 of the Clerk of the Supreme Court. The judges of 
 the Circuit Court, within their respective jurisdictions, 
 may fill vacancies in the office of County Clerk and 
 of Prosecuting Attorney ; but no Judge of the 
 Supreme Court or Circuit Court shall exercise any 
 other power of appointment to public office. Mich., 
 3Q6. 
 
 — It shall be the duty of such Supreme Court to appoint 
 a reporter of its decisions. There shall be chosen 
 by the qualified electors of the State, one Clerk of the 
 Supreme Court, who shall hold his office for the term 
 of three years, and until his successor is duly elected 
 and qualified : and the Judges of the Supreme Court, 
 or a majority of them, shall have the power to fill any 
 vacancy in the office of Clerk of the Supreme Court, 
 until an election can be regularly had. Min., 324. 
 — The Supreme Court and the District Courts shall 
 appoint their respective clerks. Clerks of all other 
 courts of record shall be elected by the qualified 
 voters of the county, at a general election, and shall 
 hold office for the terra of four years from and after 
 the first Monday in January next ensuing, and until 
 their .successors are duly elected and qualified. The 
 first election of such clerks, after the adoption of this 
 Constitution, shall be at the general election in the 
 year one thousand eight hundred and sixty-six; any 
 existing law of this State to the contrary notwith- 
 standing. Mo., 359. 
 
 —No clerk of any court, established by this Constitu- 
 tion, or by any law of this State, shall apply to his 
 own use, Irom the fees and emoluments of his office, 
 a greater sum than two thousand five hundred dol- 
 lars for each year of his official term, after paying out 
 of such fees and emoluments such amounts for depu- 
 ties and assistants in his office as the court may deem 
 necessary and may allow ; but all surplus of such fees 
 and emoluments over that sum, after paying the 
 amounts so allowed, shall be paid into the county 
 treasury for the use of the county. The General 
 Assembly shall pass such laws as may be necessary 
 to carry into effisct the provisions of this section. 
 Mo., 359. 
 
 —The judges of courts (those of probate excepted) 
 shall appoint their respective clerks, to hold their 
 office during pleasure ; and no such clerk shall act as 
 an attorney, or be of counsel in any cause in the 
 
149 
 
 court of which he is clerk, nor shall he draw any 
 writ originating a civil action. N. H., 409. 
 — The law reporter shall be appointed by the Justice 
 of the Supreme Court, or a majority of them, and 
 the chancery reporter shall be appointed by the 
 Chancellor. They shall hold their offices for five 
 years. N, J., 419. 
 
 — The officers of the Supreme Court of Appeals and 
 of the District Courts shall be appointed by the said 
 courts respectively, or by the judges thereof in vaca- 
 tion. Their duties, compensation, and tenure of 
 office shall be prescribed by law. Va., 543. 
 — The judge or judges of any court may appoint 
 such officers for their respective courts as may be 
 found necessary, and it shall be the duty of the Gen- 
 eral Assembly to prescribe by law a fixed compensa- 
 tion for all such officers. Md., 266. 
 — The Clerk of the Supreme and Circuit Courts and 
 States' Attorneys shall be elected at the first special 
 election for Judges. The second election for Clerks 
 of the Supreme Court shall be held on the first Mon- 
 day of June, 1855, and every sixth year thereafter. 
 The second election for Clerks of the Circuit Courts, 
 and States' Attorneys, shall be held on the Tuesday 
 next after the first Monday of November, 1852, and 
 every fourth year thereafter. Ill, 161. 
 — Prothonotaries of the Supreme Court shall be 
 appointed by the said court for the term of three 
 years, if they so long behave themselves well. Pro- 
 thonotaries and Clerks of the several other courts. 
 Recorders of Deeds and Registers of Will, shall at 
 the times and places of election of Representatives, 
 bo elected by the qualified electors of each county, 
 or the districts over which the jurisdiction of said 
 courts extends, and shall be commissioned by the 
 Governor. They shall hold their offices for three 
 years, if they shall .so long behave themselves well, 
 and until their successors shall be duly qualified. 
 The Legislature shall provide by law the number of 
 persons in each county who shall hold said offices, 
 and how many and which of said offices shall be 
 filled by one person. Vacancies in any of the said 
 offices shall be filled by appointments to be made by 
 the Governor, to continue until the next general 
 election, and until successors shall be elected and 
 qualified as aforesaid. Pa., 466. 
 — Prothonotaries, clerks of the several courts, except 
 of the Supreme Court, Recorders of Deeds and 
 Registers of Wills, shall be first elected under the 
 amended Constitution, at the election of Representa- 
 tives, in the year eighteen hundred and thirty-nine, 
 in such manner as may be prescribed by law. Pa., 469. 
 — Judges of the Supreme Court shall appoint their 
 clerks, who shall hold their offices for the period of 
 six years. Chancellors, if Courts of Chancery shall 
 be established, shall appoint their clerks and masters, 
 who shall hold their offices for the period of six years. 
 Clerks of such inferior courts as may be hereafter 
 established, which shall be required to be holden in 
 the respective counties of this State, shall be elected 
 by the qualified voters thereof, for the term of four 
 years; they shall be removed from office for mal- 
 feasance, incompetency or neglect of duty, in such 
 manner as may be prescribed by law. Tenn., 497. 
 — The Supreme Court shall appoint its own clerks, 
 who shall give bonds in such manner as is now, or 
 may hereafter be required by law; shall hold their 
 offices for four years, and shall be subject to removal 
 by the said court for good cause, entered on record 
 of the minutes of said court. Tex., 510. 
 
 When a vacancy shall occur in the office of clerk 
 
 of any court (except it be a County or Corporation 
 Court), said court or the judges thereof in vacation, 
 may appoint a clerk pro tempore, who shall dischai-ge 
 the duties of the office until the vacancy is filled ; 
 when such vacancy shall occur in the office of a 
 clerk of a County or Corporation Court, (if in vaca- 
 tion), the presiding justice thereof may appoint the 
 clerk pro tempore, who shall discharge the duties of 
 the office until the next term, and then the court 
 shall appoint a pr(h tempore clerk to serve until the 
 vacancy shall be filled. Va., 593. 
 38 
 
 — There shall be a Clerk of the Circuit Court cnosen 
 in each county organized for judicial purposes, by the 
 qualified electors thereof, who shall hold his office for 
 two years, subject to removal as shall be provided by 
 law. In case of a vacancy, the Judge of the Circuit 
 Court shall have the power to appoint a clerk, until 
 the vacancy shall be filled by an election. The clerk 
 thus elected or appointed, shall give such security as 
 the Legislature may require; and when elected, shall 
 hold his office for a full term. The Supreme Court 
 shall appoint its own clerk, and the Clerk of a Circuit 
 Court may be appointed Clerk of the Supreme Court. 
 
 Wis., 566. 
 
 — The officers of the Supreme Court of Appeals shall 
 be appointed by the court, or by the judges thereof in 
 vacation. Their duties, compensation and tenure of 
 office shall be prescribed by law. W. Va., 553. 
 — The voters of each county shall elect a Clerk of the 
 Circuit Court, whose term of office shall be four 
 years. His duties and compensation, and the mode of 
 removing him from office, shall be prescribed by law ; 
 and when a vacancy shall occur in the office, the 
 Judge of the Circuit Court shall appoint a clerk, who 
 shall discharge the duties of the office until the 
 vacancy is filled. In any case, in respect to which 
 the clerk shall be so situated as to make it improper 
 for him to act, the court shall appoint a substitute. 
 
 W. Va., 553. 
 
 COUNTY CLERKS — CLERKS OF COUNTY 
 COURTS. 
 
 [County Clerks elected. Their duties and compen- 
 sation fixed by law.] County Clerks shall be ex- 
 officio Clerks of the Courts of Record in and for their 
 respective counties. Cal, (as amended in 1862.) 
 — The Clerk of each county organized for judicial pur- 
 poses shall be the Clerk of the Circuit Coiirt of such 
 county, and of the Supreme Court, when held within 
 the same. Mich., 306. 
 
 — The election ol Clerks and Surrogates in those 
 counties where the term of office of the present incum- 
 bent shall expire previous to the general election of 
 eighteen hundred and forty-five, shall be held at the 
 general election next ensuing the adoption of this 
 Constitution ; the result of which election shall be 
 ascertained in the manner now provided by law for 
 the election of Sheriffs. N. J., 421. 
 — Clerks of counties shall be clerks of the inferior 
 courts of common pleas and quarter sessions of the 
 several counties, and perform the duties and be sub- 
 ject to the regulations now required of them by law, 
 until otherwise ordained by the Legislature. N. J., 
 421. 
 
 — There shall be elected in each county, by the 
 electors thereof, one Clerk of the Court of Common 
 Pleas, who shall hold his office for the term of three 
 years, and until his successor shall be elected and 
 qualified. He shall, by virtue of his office, be clerk 
 of all other courts of record held therein ; but the 
 General Assembly may provide by law, for the elec- 
 tion of a clerk, with a like term of office, for each or 
 any other of the courts of record, and may authorize 
 the Judge of the Probate Court to perform the duties 
 of clerk for his court, under such regulations as may 
 be directed by law. Clerks of courts shall be remova- 
 ble for such cause, and in such manner, as shall be 
 prescribed by law. Ohio, 438. 
 — A County Clerk shall be elected in each county for 
 the term of two years, who shall keep all the public 
 records, books, and papers of the county, record con- 
 veyances, and perform the duties of Clerk of the Cir- 
 cuit and County Courts, and such other duties as may 
 be prescribed by law; but whenever the number of 
 voters in the county shall exceed twelve hundred, 
 the Legislative Assembly may authorize the election 
 of one person as Clerk of the Circuit Court, one per- 
 son as Clerk of the County Court, and one person 
 Recorder of Conveyances. Or., 455. 
 
150 
 
 1 S 20. No judicial officer, except Justices of the Peace, shall receive to Lis 
 
 2 own use, any fees or perquisites of office. 
 
 1 S 21. The Legislature may authorize the judgments, decrees and decisions 
 
 2 of any local inferior court of record of original civil jurisdiction, established 
 
 3 in a city, to be removed for review directly into the Court of Appeals. 
 
 — There shall be a Clerk of the District Court for 
 each county, who shall be elected by the qualified 
 voters for members of the Legislature, and who shall 
 hold his office for four years, subject to removal by 
 information or by indictment of a grand jury, and 
 conviction by a petit jury. In case of vacancy, the 
 Judge of the District Court shall have the power to 
 appoint a clerk, until a regular election can be held. 
 Tex., 511. 
 
 — The voters of each county or corporation in which 
 a Circuit Court is held shall elect a clerk of such 
 court, whose term of office shall be six years. Va., 
 543. 
 
 — The records, books, papers, seals and. other property 
 and appurtenances of the former Circuit and County 
 Courts, within the State of West Virginia, shall be 
 transferred to, and remain in, the care and custody 
 of the Circuit Courts of the respective counties, to 
 which all process ontstanding at the time this Con- 
 stitution goes into operation shall be returned, and 
 by which new process in suits then pending, or pre- 
 viously determined, in the said former courts, may 
 be issued in proper cases. Copies and transcripts of 
 the records and proceedings of the said former courts 
 shall be made and certified by the courts having the 
 care and custody of such records and proceedings, 
 or the proper officers thereof, and shall have the same 
 force and eflect as if they had been heretofore prop- 
 erly made and certified by the said former courts. 
 W. Va., 558. 
 
 JUDGES NOT TO TRY CBRTAm CAUSES, 
 KOR RECEIVE FEES. 
 
 — ^No Judge shall preside on the trial of any cause in 
 the event of which he may be interested, or where 
 either of the parties shall be connected with him by 
 affinity or consanguinity, within such degrees as may 
 be prescribed by law, or in which he may have been 
 counsel, or have presided in any inferior court, except 
 by consent of all the parties. In case all or any ef 
 tlie Judges of the Supreme Court shall be thus dis- 
 qualified from presiding on any cause or causes, the 
 Court or Judges thereof, shall certify the same to the 
 Q-overnor of the State, and he shall immediately com- 
 mission, specially, the requisite number of men of law 
 knowledge, for the trial and determination thereof. 
 The same course shall be pursued in the Circuit and 
 inferior courts as prescribed in this section for cases 
 of the Supreme Court. Arh., 91. 
 — Provision shall be made by law for the selection, 
 by the bar, of a pro tern, judge of the district court, 
 when the judge is absent or otherwise unable or dis- 
 qualified to sit in any case. Kan.. 201. 
 — No judge shall sit in any case wherein he may be 
 interested, or where either of the parties may be con- 
 nected with him by affinity or consanguinity within 
 such degrees as now are or may hereafter be pre- 
 scribed by law, or where he shall have been of coun- 
 sel in the case. Md., 266. 
 
 — No judge shall sit on the trial of any cause when 
 the parties or either of them shall be connected with 
 him by affinity or consanguinity, or when lie may be 
 interested in the same, except by consent of the judge 
 
 and of the parties ; and whenever a quorum of said 
 court are situated as aforesaid, the Goveinor of the 
 State shall in such case specially commission two or 
 more men of law knowledge for the determination 
 thereof. Miss., 339. 
 
 — No Judge of the Supreme or inferior courts shall 
 preside on the trial of any cause in the event of 
 which he may be interested, or where either of the 
 parties shall be connected with him by affinity or 
 consanguinity whithin such degrees as may be pre- 
 scribed by law, or in which he may have been of 
 counsel, or in which he may have presided in any 
 inferior court, except by consent of all the parties. 
 In case all or any of the Judges of the Supreme Court 
 shall be thus disqualified from presiding on the trial of 
 any cause or causes, the court or the judges thereof 
 shall certify the same to the Governor of the State, and 
 he shall forthwith specially commission the requisite 
 number of men of law knowledge, for the trial and 
 determination thereof. In case of sickness ef any of 
 the judges of the Supreme or inferior courts, so that 
 they or any of them are unable to attend, the Legis- 
 lature shall be authorized to make provision by the 
 general laws, that special judges may be appointed to 
 attend said courts. Term., 496. 
 
 — No judge shall sit in any case wherein he may be 
 interested, or where either of the parties may be con- 
 nected with him by affinity or consanguinity within 
 such degrees as may be prescribed by law, or where 
 he shall have been of counsel in the case. Tex., 511. 
 — When the Supreme Court, or any three of its mem- 
 bers, shall be thus disqualified to hear and determine 
 any case or cases in said court, or when no judgment 
 can be rendered in any case or cases in said court, by 
 reason of the equal division of opinion of said judges, 
 the same shall be certified to the Governor of the 
 State, who shall immediately commission the requi- 
 site number of persons, learned in the law, for the 
 trial and determination of said case or cases. When 
 a Judge of the District Court is thus disqualified, the 
 parties may, by consent, appoint a proper person to 
 try the said case ; or, upon their failing to do so, a 
 competent person shall be appointed to try the same 
 in the county where it is pending, in such manner as 
 may be prescribed by law. And the District Judges 
 may exchange districts, or hold courts lor each other, 
 when they may deem it expedient, and shall do so 
 when directed by law. The disqualification of judges 
 of inferior tribunals shall be remedied, and vacancies 
 in their offices shall be filled as prescribed by law. 
 Tex., 511. 
 
 — No Justice of the Supreme Court shall sit as a 
 judge or take part in the Appellate Court on the trial 
 or hearing of any case which shall have been decided 
 by him in the court below. Fl., 135. 
 —In all cases heard before the Supreme Court, as an 
 appellate court, the justice who may have tried such 
 cause in the court below, shall not participate in the 
 decision thereof until the other two justices, if 
 present, shall have failed to agree in the decision 
 of such cause. Neh., 375. 
 
 —When any Judge of the Court of Appeals is so 
 situated in regard to any case pending before it, as to 
 make it improper for him to aid in the trial of the 
 same, or is under any other disability, the remaining 
 judges may call to their assistance a Judge of the 
 Circuit Court, who shall act as a Judge of the Court 
 of Appeals in the cases to which such disability 
 relates. W. Va., 553. 
 
151 
 
 1 S 22. The Legislature shall provide for the speedy publication of all statute 
 
 2 laws, and of such judicial decisions as it may deem expedient. And all laws 
 
 3 and judicial decisions shall be free for publication by any person. 
 
 1 § 23. Tribunals of conciliation may be established, with such powers and 
 
 2 duties as may be prescribed by law ; but such tribunals shall have no power 
 
 3 to render judgment to be obligatory on the parties, except they voluntarily 
 
 4 submit their matters in difference and agree to abide the judgment, or assent 
 
 5 thereto, in the presence of such tribunal, in such cases as shall be prescribed 
 
 6 by law. 
 
 PUBLICATION OF THE LAWS. 
 
 — The Legislature shall provide for the speedy publi- 
 cation of all statute laws, and of such judicial 
 decisions as it may deem expedient; and all laws and 
 judicial decisions shall be free for publication by any 
 person. Cal, 102 ; Mich., 304 ; Wis., 567. 
 — All laws, decrees, regulations, ' and proTisions, 
 which from their nature require publication, shall be 
 published in English and Spanish. Cat, 105. 
 — That all laws of the State and all official writings, 
 and the executive, legislative, and judicial proceed- 
 ings, shall be conducted, preserved and published in 
 no other than the English language. III., 168. 
 — No act shall take effect until the same shall have 
 been published and circulated in the several counties 
 of the State by authority, except in cases of emer- 
 gency, which emergency shall be declared in the 
 preamble or in the body of the law. Ind., VIA. 
 — No law of the Greneral Assembly, passed at a regu- 
 lar session, of a public nature ; shall take effect until 
 the 4th day of July next after the passage thereof. 
 Laws passed at a special session shall take effect 
 ninety days after the adjournment of the General 
 Assembly by which they were passed. If the General 
 Assembly shall deem any law of immediate import- 
 ance, they may provide that the same shall take 
 effect by publication in the newspapers in the State. 
 Iowa, 186. 
 
 — The Legislature shall prescribe the time when its 
 acts shall be in force, and shall provide for the speedy 
 publication of the same: and no law of a general 
 nature shall be in force until the same be published. 
 Kan., 200. 
 
 — The laws, public records, and the written judicial 
 and legislative proceedings of the State, shall be con- 
 ducted, promulgated, and preserved in the Enghsh 
 language. Mich., 314. 
 
 — No law passed by the General Assembly shall take 
 effect until the first day of June next after the session 
 at which it may be passed, unless it be otherwise 
 expressly declared therein ; and in case any public law 
 is made to take effect before the said first day of June, 
 the General Assembly shall provide for the immedi- 
 ate publication of the same. Md., 263. 
 — No public act shall take effect or be in force until 
 the expiration of ninety days from the end of the 
 session at which the same is passed, unless the Legis- 
 
 lature shall otherwise direct, by a two-thirds vote of 
 the members elected to each House. Mich., 303. 
 — No act shall take effect until ninety days from the 
 end of the session at which the same shall have been 
 passed, except in case of emergency ; which emer- 
 gency shall be declared in the preamble or in the 
 body of the law. Or., 451. 
 
 TRIBUNALS OF CONCILIATION. 
 OP ARBITRATION. 
 
 COURTS 
 
 — It shall be the duty of the General Assembly to 
 pass such laws as may be necessary and proper to 
 decide differences by arbitrators to be appointed by 
 the parties who may choose that summary mode of 
 adjustment. Ala., 77; Ky., 220; La., 233. 
 — Tribunals for conciliation may be established, with 
 such powers and duties as may be prescribed by law ; 
 but such tribunals shall have no power to render 
 judgment to be obligatory on the parties, except they 
 voluntarily submit their matters in difference, and 
 agree to abide the judgment, or assent thereto in the 
 presence of such tribunal, in such cases as shall be 
 prescribed by law. Cal., 102 ; (nearly similar), Ind., 
 177. 
 
 — The Legislature may establish Courts of Conciha- 
 tion, with such powers and duties as shall be pre- 
 scribed by law. Mich., 307. 
 
 — The General Assembly may establish Courts of 
 Conciliation, and prescribe their powers and duties ; 
 but such courts shall not render final judgment, in 
 any case, except upon submission, by the parties, of 
 the matter in dispute, and their agreement to abide 
 such judgment. Ohio, 438. 
 
 — It shall be the duty of the Legislature to pass such 
 laws as may be necessary and proper to decide differ- 
 ences by arbitration, when the parties shall elect that 
 mode of trial. Tex., 516. 
 
 — The Legislature shall pass laws for the regulation 
 of tribunals of conciliation, defining their powei-s 
 and duties. Such tribunals may be established in 
 and for any township, and shall have power to render 
 judgment, to be obligatory on the parties, when they 
 shall voluntarily submit their matter in difference to 
 arbitration, and agree to abide the judgment, or 
 assent thereto in writing. Wis., 567. 
 
152 
 
 1 S 24. The -Legislature, at its first sessiou after the adoption of this Oonstitu- 
 
 2 tion, shall provide for the appointment of three Commissioners, whose duty it 
 
 3 shall be to revise, reform, simplify and abridge the rules of practice, pleadings, 
 
 4 forms and proceedings of the courts of record of this State, and to report 
 
 5 thereon to the Legislature, subject to their adoption and modification from 
 
 6 time to time. 
 
 1 S 25. The Legislature, at its first session after the adoption of this Oonstitu- 
 
 2 tion, shall provide for the organization of the Court of Appeals, and for trans- 
 
 3 ferring to it the business pending in the Court for the Correction of Errors, 
 
 4 and for the allowance of writs of error and appeals to the Court of Appeals, 
 
 5 from the judgments and decrees of the present Court of Chancery and Supreme 
 
 6 Court, and of the courts that may be organized under this Constitution. 
 
 CODE. 
 
 — It shall be the duty of the General Assembly, from 
 time to time, as circumstances may require, to frame 
 and adopt a Penal Code, founded on principles of 
 reformation. Ala., 77. 
 
 — ^It shall be the duty of the Greneral Assembly to 
 provide for the carrying into effect of this article, and 
 to provide for a general system of practice in all the 
 courts of this State. Iowa, 190. 
 — The Greneral Assembly, at its first session after the 
 adoption of this Constitution, shall provide for the 
 appointment of three commissioners, and prescribe 
 their tenure of office, compensation, and the mode of 
 filling vacancies in said commission. Ohio, 443. 
 — The said commissioners shall revise, reform, sim- 
 plify and abridge the practice, pleadings, forms and 
 proceedings of the Courts of record of this State; 
 and, as far as practicable and expedient, shall provide 
 for the abolition of the distinct forms of action at law, 
 now in use, and for the administration of justice by 
 a uniform mode of proceeding, without reference to 
 any distinction between law and equity. Ohio, 443. 
 — The proceedings of the Commissioners shall, from 
 time to time, be reported to the General Assembly, 
 and be subject to the action of that body. Ohio, 443. 
 
 APPEALS — CERTIORARI. 
 
 — The General Assembly may authorize the judg- 
 ments, decrees and decisions, of any local, inferior 
 court of record, of original, civil or criminal jurisdic- 
 tion, established in a city, to be removed, for revision, 
 directly into the Supreme Court. III., 162. 
 — Appeals and writs of error may be taken from the 
 Circuit Court of any county to the Supreme Court 
 held in the division which includes such county, or, 
 with the consent of all the parlies in the cause, to the 
 Supreme Court in the next adjoining division. III., 
 162. 
 
 — All appeals from Probate Courts and Justices of 
 the Peace shall be to the District Court. Kan., 201. 
 — The right to appeal or sue out a writ of error to 
 the Court of Appeals shall remain as it now exists, 
 until altered by law, hereby giving to the General 
 Assembly the power to change, alter, or modify said 
 right. Ki/., 21G. 
 
 — The Legislature, at its first session, and frcm time 
 to time thereafter, shall provide by law that upon the 
 
 institution of each civil action and other proceedings, 
 and also upon the perfecting of an appeal in any civil 
 action or proceeding in the several courts of record in 
 this State, a special court fee or tax shall be advanced 
 to the clerks of said courts respectively by the party 
 or parties bringing such action or proceeding, or 
 taking such appeal, and the money so paid in shall be 
 accounted for by such clerks, and applied toward the 
 payment of the compensation of the judges of said 
 courts as shall be directed by law. Nev., 388. 
 — Final judgments in any Circuit Court may be 
 brought by writ of error into the Supreme Court, or 
 directly into the Court of Errors and Appeals. N. J., 
 418. 
 
 — The .Judges of the Courts of Common Pleas shall, 
 within their respective counties, have like powers 
 with the Judges of the Supreme Court, to issue writs 
 of certiorari to the Justices of the Peace, and to cause 
 their proceedings to be brought before them, and the 
 like right and justice to be done. Pa., 465. 
 — The judges or justices of such inferior courts of law 
 as the Legislature may establish, shall have power, in 
 all civil cases, to issue writs of certiorari, to remove 
 any cause or transcript thereof^ from any inferior 
 jurisdiction, into said court on sufficient cause sup- 
 ported by oath or affirmation. Tenn., 496. 
 — In all cases an appeal shall lie, under such regula- 
 tions as may be prescribed by law, from the judgment 
 or proceedings of a Justice or Recorder, to the Cir- 
 cuit Court of the county, excepting judgments of 
 Justices in assumpsit, debt, detinue, and trover, and 
 for fines, where the amount does not exceed ten dol- 
 lars, exclusive of interest and costs, and where the 
 case does not involve the freedom of a person, the 
 validity of a law, or the right of corporation or 
 county to levy tolls or taxes. W. Va., 555. 
 — It [the Superior courtj shall have power to correct 
 errors in inferior judicatories by writ of ceriiorart, and 
 to grant new trials in the Superior Court on proper 
 and legal grounds. Oa., 149 
 
 — All suits, pleas, plaints, and other proceedings 
 pending in any Court of Record, or Justice's Court, 
 may be prosecuted to final judgment and execution ; 
 and all appeals, writs of error, certiorari, injunctions, 
 or other proceedings whatever, may progress and be 
 carried on as if this Constitution had not been 
 adopted, and the Legislature shall direct the mode in 
 which such suits, pleas, plaints, prosecutions and 
 other proceedings, and all papers, records, books, and 
 documents connected therewith, may be removed to 
 the courts established by this Constitution. Kan.. 
 207. 
 
153 
 
 WRITS OF ERROR. 
 
 — No writ of error shall be brought upon any judg- 
 ment heretofore confessed, entered, or rendered, but 
 within five years from this time ; nor upon any judg- 
 ment hereafter to bo confessed, entered, or rendered, 
 but within five years after the confessing, entering, 
 or rendering thereof; unless the person entitled to 
 such writ bo an infant, feme covert, non compos mentis, 
 or a prisoner, and then within five years exclusive of 
 the time of such disability. Del, 124. 
 — The General Assembly may pass laws authorizing 
 writs of error in criminal or penal cases, ami regulat- 
 ing the riglit of challenge of jurors therein. Ky., 212. 
 — When a writ of error shall be brought, no justice 
 who has given a judicial opinion, in the cause, in 
 favor or against any error complained of, shall sit 
 as a member, or have a voice on the hearing, or for 
 its affirmance or reversal; but the reasons for such 
 opinion shall be assigned to the court in writing. 
 N.J. 417. 
 
 STYLE OF WRITS, PROCESS AND PRO- 
 CEEDINGS. 
 
 — And that all writs and other proceedings shall run 
 in the name of The People of the State of New York, 
 and be tested in the name of the chancellor, or chief 
 judge of the court from whence they shall issue. N. 
 Y. (1777), 31. 
 
 — The style of all process shall be. The State of , 
 
 and all prosecutions shall be canied on in the name, 
 
 and by the authority of the State of , and shall 
 
 coucliide, against the peace and dignity of the same. 
 
 Ala., 81; La., 231; (nearly similar), Ky., 215. 
 
 — All writs and other process shall run in the name 
 
 of the "State of ," and bear test and be signed 
 
 by the Clerks of the respective courts from which 
 they issue. Indictments shall conclude, " against the 
 
 peace and dignity of the State of ." Ark., 92. 
 
 — The style of all process shall be, " The People of 
 the State of ," all the prosecutions shall be con- 
 ducted in the name and by the authority of the same. 
 Cat., 102 ; Iowa, 189 ; (nearly similar), Kan., 201. 
 — The style in all process and public acts shall be, 
 
 ^'The State of ." Prosecutions shall be carried on in 
 
 the name of the State. Del, 124; Miss., 339; Nev., 
 387 ; Wis., 567. 
 
 — The style of all process shall be, " The State of ," 
 
 and all criminal prosecutions shall be carried on in 
 the name of the State, and all indictments shall con- 
 clude, "against the peace and dignity of the same." 
 Ala., 135; (nearly similar), O/iio, 438; S. C, 486; 
 Tex., 511. 
 — All process, writs, and other proceedmgs, shall run 
 
 in the name of '■ The People of the Slate of ." 
 
 All prosecutions shall be carried on "In the name and 
 
 by the authority of the People of the State of ," 
 
 and. conclude, "against the peace and dignity of the 
 
 same.'' Ill, 161. 
 
 AH criminal prosecutions shall be carried on in the 
 
 name and by the authority of the State, and the 
 
 style of all process shall be, " The State of ." 
 
 Ind., 177. 
 
 — AU writs issuing out of the clerk's office in any of 
 the courts of law, shall be in the name of the Com- 
 monwealth of ; they shall be under the seal of 
 
 the court from whence they issue; they shall bear 
 test of the first justice of the court to which they shall 
 be returnable who is not a party, and be signed by 
 the clerk of such court. Mass., 293. 
 — The style of all process shall be, " In the name of 
 
 the People of the State of ." Mich., 307. 
 
 — Legal pleadings and proceedings, in the courts of 
 this State shall be under the direction of the Legisla- 
 ture. The style of all process shall be " The State of 
 
 ," and all indictments shall conclude, "against 
 
 the peace and dignity of the State of Minnesota." 
 Min., 325. 
 
 — All writs and process shall run, and all prosecutions 
 shall be conducted in the name of the " State of 
 
 ;" all writs shall be tested by the clerk of the 
 
 court from which they shall be issued; and all 
 indictments shall conclude, "against the peace and 
 dignity of the State." Mo., 359. 
 — All process, writs and other proceedings shall run 
 
 in the name of " The People of the State of ." 
 
 Neb., 375. 
 
 — All writs issuing out of the clerk's office in any of 
 
 the courts of law, shall be in the name of the State 
 
 of ; shall be under the seal of the court whence 
 
 they issue, and bear teste of the chief, first or senior 
 justice of the court; but when such justice shall be 
 interested, then the writs shall bear the teste of some 
 other justice of the court, to which the same shall 
 be returnable; and be signed by the clerk of such 
 court.' N. S., 409. 
 
 — All indictments, presentments and informations 
 shall conclude, against the peace and dignity of the 
 State. N. K, 409. 
 
 — All writs shall be in the name of the State ; and 
 all indictments shall conclude in the following man- 
 ner, viz. : ''against the peace of this State, the govern- 
 ment and dignity of the same." N. J., 420. 
 — All writs shall run in the same manner, and bear 
 test, and be signed by the clerks of the respective 
 courts. Indictments shall conclude against the peace 
 and dignity of the State. N. C, 426; Tenn., 497. 
 — The style of all process shall be, " The Common- 
 wealth of ." All prosecutions shall be carried on 
 
 in the name and by the authority of the Common- 
 wealth of , and conclude, "against the peace and 
 
 dignity of the same. Pa., 465." 
 
 — All prosecutions shall commence, By the authority 
 
 of the State of ; all indictments shall conclude 
 
 with these words : against the peace and dignity of the 
 State; and all fines shall be proportioned to the 
 offenses. Vt, 526. 
 — Writs shall run in the name of the Commonwealth 
 
 of , and be attested by the clerks of the several 
 
 courts. Indictnients shall conclude, " against the peace 
 and dignity of the Commonwealth." Va., 543. 
 — Writs, grants and commissions, issued under State 
 authority, shall run in the name of, and official bonds 
 shall be made payable to " The State of ." In- 
 dictments shall conclude "against the peace and dig- 
 nity of the State of ." W. Va., 546. 
 
154 
 AETIOLB VII. 
 
 1 S 1. After paying th« expenses of collection, superintendence and ordinary 
 
 2 repairs, there shall be appropriated and set apart in each fiscal year, out of 
 
 3 the revenues of the State canals, in each year, commencing on the first day 
 
 4 of June, one thousand eight hundred and forty-six, the sum of one million 
 
 5 and three hundred thousand dollars, until the first day of June, one thousand 
 
 6 eight hundred and fifty-five, and from that time the sum of one million and 
 
 7 seven hundred thousand dollars in each fiscal year, as a sinking fund to pay 
 
 8 the interest and redeem the principal of that part of the State debt called the 
 
 9 canal debt, as it existed at the time first aforesaid, and including three hun- 
 
 10 dred thousand dollars then to be borrowed, until the same shall be wholly 
 
 11 paid ; and the principal and income of the said sinking fund shall be sacredly 
 
 12 applied to that purpose. 
 
 1 S 2. After complying with the provisions of the first section of this article, 
 
 2 there shall be appropriated and set apart out of the surplus revenues of the 
 
 3 State canals, in each fiscal year, commencing on the first day of June, one 
 
 4 thousand eight hundred and forty-six, the sum of three hundred and fifty 
 
 5 thousand dollars, until the time when a suflScient sum shall have been appro- 
 
 6 priated and set apart, under the said first section, to pay the interest and 
 
 7 extinguish the entire principal of the canal debt ; and after that period, then 
 
 8 the sum of one million and five hundred thousand dollars in each fiscal year, 
 
 9 as a sinking fund, to pay the interest and redeem the principal of that part of 
 
 10 the State debt called the general fund debt, including the debt for loans of the 
 
 11 State credit to railroad companies which have failed to pay the interest 
 
 12 thereon, and also the contingent debt on State stocks loaned to incorporated 
 
 13 companies which have hitherto paid the interest thereon, whenever and as far 
 
 14 as any part thereof may become a charge on the treasury or general fund, 
 
 15 until the same shall be wholly paid ; and the principal and income of the said 
 
 16 last mentioned sinking fund shall be sacredly applied tofhe purpose aforesaid ; 
 
 17 and if the payment of any part of the moneys to the said sinking fund shall 
 
 18 at any time be deferred, by reason of the priority recognized in the first sec- 
 
 19 tion of this article, the sum so deferred with quarterly interest thereon, at 
 
]55 
 
 20 the then current rate, shall be paid to the last mentioned sinking fund, as soon 
 
 21 as it can be done consistently with the just rights of the creditors holding said 
 
 22 canal debt. 
 
 1 § 3. After paying the said expenses of collection, superintendence and 
 
 2 repairs of the canals, and the sums appropriated by the first and second sec- 
 
 3 tions of this article, there shall be appropriated and set apart in each fiscal year 
 
 4 out of the surplus revenues of the canals, as a sinking fund, a sum suflBcient 
 
 5 to pay the interest as it falls due, and extinguish the principal within eighteen 
 
 6 years of any loan made under this section ; and if the said sinking fund shall 
 
 7 not be sufficient to redeem any part of the principal at the stipulated times 
 
 8 of payment, or to pay any part of the interest of such loans as stipulated, 
 
 9 the means to satisfy any such deficiency shall be procured on the credit of the 
 
 10 said sinking fund. After complying with the foregoing provisions, there shall 
 
 11 be paid annually out of said revenues, into the treasury of the State, two 
 
 12 hundred thousand dollars, to defray the necessary expenses of government. 
 
 13 The remainder shall, in each fiscal year, be applied to meet the appropriations 
 
 14 for the enlargement and completion of the canals mentioned in this section, 
 
 15 until the said canals shall be completed. In each fiscal year thereafter the 
 
 16 remainder shall be disposed of in such manner as the Legislature may direct ; 
 
 17 but shall at no time be anticipated or pledged for more than one year in 
 
 18 advance. The Legislature shall, annually, during the next four years, appro- 
 
 19 priate to the enlargement of the Erie, the Oswego, the Cayuga and Seneca 
 
 20 canals, and to the completion of the Black Eiver and Genesee Valley canals, 
 
 21 and for the enlargement of the locks of the Champlain canal, whenever, from 
 
 22 dilapidation or decay, it shall be necessary to rebuild them, a sum not exceed- 
 
 23 ing two millions two hundred and fifty thousand dollars. The remainder of 
 
 24 the revenues of the canals, for the current fiscal year in which such appro- 
 
 25 priation is made, shall be applied to meet such appropriation ; and if the same 
 
 26 shall be deemed insufficient, the Legislature shall, at the same session, provide 
 
 27 for the deficiency by loan. The Legislature shall also borrow one million and 
 
 28 five hundred thousand dollars, to refund to the holders of the canal revenue 
 
 29 certificates issued under the provisions of chapter four hundred and eighty- 
 
156 
 
 30 five of the laws of the year one thousand eight hundred and fifty-one, the 
 
 31 amount received into the treasury thereon ; but no interest to accrue after 
 
 32 July first, one thousand eight hundred and fifty-five, shall be paid on such 
 
 33 certificates. The provisions of section twelve of this article, requiring every 
 
 34 law for borrowing money to be submitted to the people, shall not apply to the 
 
 35 loans authorized by this section. ISio part of the revenues of the canals, or 
 
 36 of the funds borrowed under this section, shall be paid or applied upon or in 
 
 37 consequence of any alleged contract made under chapter four hundred and 
 
 38 eighty-five of the laws of the year one thousand eight hundred and fifty-one, 
 
 39 except to pay for work done or materials furnished prior to the first day of 
 
 40 June, one thousand eight hundred and fifty-two. The rates or toll on persons 
 
 41 and property transported on the canals shall not be reduced below those for 
 
 42 the year one thousand eight hundred and fifty-two, except by the Canal 
 
 43 Board, with the concurrence of the Legislature. All contracts for work or 
 
 44 materials on any canal shall be made with the person who shall offer to do or 
 
 45 provide the same at the lowest price, with adequate security for their 
 
 46 performance. 
 
 1 S 4. The claims of the State against any incorporated company to pay the 
 
 2 interest and redeem the principal of the stock of the State loaned or advanced 
 
 3 to such company, shall be fairly enforced, and not released or compromised ; 
 
 4 and the moneys arising from such claims shall be set apart and applied as part 
 
 5 of the sinking fund, provided in the second section of this article. But the 
 
 6 time limited for the fulfillment of any condition of any release or compromise 
 
 7 heretofoie made or provided for may be extended by law. 
 
 1 S 5. If the sinking funds, or either of them provided in this article, shall 
 
 2 prove insuiBcient to enable the State, on the credit of such fund, to procure 
 
 3 the means to satisfy the claims of the creditors of the State as they become 
 
 4 payable, the Legislature shall, by equitable taxes, so increase the revenues 
 
 5 of the said funds as to make them, respectively, sufiicient perfectly to preserve 
 
 6 the public faith. Every contribution or advance to the canals, or their debt, 
 
 7 from any source other than their direct revenues, shall, with quarterly interest, 
 
 8 at the rates then current, be repaid into the treasury, for the use of the State, 
 
157 
 9 out of the canal revenues, as soon as it can be done consistently with the just 
 10 rights of the creditors holding the said canal debt. 
 
 1 § 6. The Legislature shall not sell, lease or ortherwise dispose of any of the 
 
 2 canals of the State ; but they shall remain the property of the state and under 
 
 3 its management forever. 
 
 1 S 7. The Legislature shall never sell or dispose of the Salt Springs belong- 
 
 2 ing to this State. The lands contiguous thereto, and which may be necessary 
 
 3 and convenient for the use of the Salt Springs, may be sold by authority of 
 
 4 law, and under the direction of the Commissioners of the Land Office, for the 
 
 5 purpose of investing the moneys arising therefrom in other lands alike con- 
 
 6 venient ; but by such sale and purchase, the aggregate quantity of these lands 
 
 7 shall not be diminished. 
 
 1 S 8. No moneys shall ever be paid out of the treasury of this State, or any 
 
 2 of its funds, or any of the funds under its management, except in pursuance 
 
 3 of an appropriation by law ; nor unless such payment be made within two 
 
 4 years next after the passage of such appropriation act ; and every such law, 
 
 5 making a new appropriation or continuing or reviving an appropriation, shall 
 
 6 distinctly specify the sum appropriated, and the object to which it is to be 
 
 7 appliedj and it shall not be sufficient for such law to refer to any other law 
 
 8 to fix such sum. 
 
 1 S 9. The credit of the State shall not, in any manner, be given or loaned 
 
 2 to or in aid of any individual association or corporation. 
 
 INTERNAL IMPEOVEMBNTS. —The General Assembly shall encourage internal 
 
 improvements, by passing liberal general laws of 
 
 Internal improvement shall be encouraged by the incorporation for that purpose. lU., 164. 
 
 government of this State, and it shall be the duty of — The State shall never be a party in carrying on any 
 
 the General Assembly, as soon as may be. to mf^lte works of internal improvement. Kan., 205. 
 
 provision by law for ascertaining the proper objects — So long as the Board of Internal Improvement shall 
 
 of improvement in relation to roads, canals and nav- be continued, the President thereof shall be elected 
 
 iijable waters; and it shall also be their duty to pro- by the qualified voters of this Commonwealth, and 
 
 vide by law for an equai, systematic, and economical hold the office foi' the term of four years, and until 
 
 application of the fimds which may be appropriated anoiher be duly elected and qualified. The election 
 
 to these objects. Ark., 93. shall be held at the same time and be conducted in 
 
 j^ liberal system of internal improvements, being the same manner, as the election of Governor of this 
 
 essential to the development of the resources of the Commonwealth under this Constitution; but nothing 
 
 State shall be encouraged by the government of this herein contained shall prevent the General Assembly 
 
 State ■ and it shall be the duty of the General Assem- from abolishing said Board of Internal Improvement, 
 
 bly as soon as practicable, to ascertain by law proper or the office of President thereof Ky., 221. 
 
 objects for the extension of internal improvements in — There shall be appointed by the Governor a State 
 
 relation to roads, canals, and navigable streams, and Engineer, skilled in the theory and practice of his 
 
 to provide for a suitable application of such funds as profession, who shall hold his office at the seat of 
 
 may have been, or may hereafter be appropriated government for the term cf four years. He shall 
 
 by said General Assembly for such improvements, have the superintendence and direction of all public 
 
 ■pil ]38. works in which the State may be interested, except 
 
 40 
 
158 
 
 those made by joint stock companies or such as may 
 be under the parochial or city authorities exclusively 
 and not in conflict with the general laws of the State. 
 He shall communicate to the General Assembly, 
 through the Governor, annually, his views concern- 
 ing the same ; report upon the condition of the public 
 works in progress, recommend such measures as in 
 his opinion the public interest of the Stale may re- 
 quire, and shall perform such other duties as may be 
 prescribed by law. His salary shall be five thousand 
 dollars per annum, until otherwise provided by law. 
 The mode of appointment, number and salary of his 
 assistants shall be fixed by law. The State Engineer 
 and assistants shall give bonds for the performance 
 of their duties as shall be prescribed by law. La., 
 236. 
 
 — The Legislature may establish the price and pay of 
 foremen, mechanics, laborers and others employed on 
 the public works of the State or parochial or city 
 governments ; Provided, That the compensation to be 
 paid all foremen, mechanics, cartmen and laborers 
 employed on the public works under the govern- 
 ment of the State of Louisiana, City of New Orleans, 
 and the police juries of the various parishes of the 
 State, shall not be less than as follows, viz. : Fore- 
 men, $.3.50 per day ; mechanics, $3.00 per day ; cart- 
 men, $2.50 per day; laborers, $2.00 per day. La., 
 235. 
 
 — Nine hours shall constitute a day's labor for all 
 mechanics, artisans and laborers employed on public 
 works. La., 235. 
 
 — The General Assembly may create internal improve- 
 ment districts, composed of one or more parishes, 
 and may grant a right to the citizens thereof to tax 
 themselves for their improvements. Said internal 
 improvement districts, when created, shall have the 
 right to select commissioners, shall have power to 
 appoint officers, fix their pay and regulate all matters 
 relative to the improvements of their districts, pro- 
 vided such improvements will not conflict with the 
 general laws of the State. La., 236. 
 — The Governor, the Comptroller of the Treasury 
 and the Treasurer shall constitute the Board of Public 
 Works in this State; they shall keep a journal of 
 their proceedings, and shall hold regular sessions in 
 the city of Annapolis on the first Wednesday in Jan- 
 uary, April, July and October in each year, and oft- 
 ener if necessary, at which sessions they shall hear 
 and determine such matters as afiect the public 
 works of the State, and as the General Assembly 
 may confer upon them the power to decide. Md., 
 273. 
 
 — The Governor, Comptroller, and Treasurer, shall 
 receive no additional salary for services rendered by 
 them as members of the Board of Public Works. 
 Md., 273. 
 
 — They shall exercise a diligent and faithful super- 
 vision of all public works in which the State may be 
 interested as stockholder or creditor, and shall ap- 
 point the directors in every railroad or canal company 
 in which the State has the legal power to appoint 
 directors, which said directors shall represent the 
 State in all meetings of the stockholders of every 
 railroad or canal company in which the State is a 
 stockholder; they shall require the directors of all 
 public works from time to time, and as often as there 
 shall be any change in the rates of toll on any of said 
 works, to furnish said Board of Public Works a 
 schedule of such modified rates of toll, and shall use 
 all legal powers which they may possess to obtain 
 the estabUshment of rates of toll which may prevent 
 an injurious competition with each other to the detri- 
 ment of the interests of the State; and so to adjust 
 them as to promote the agricultural interests of the 
 State ; they shall report to the General Assembly at 
 each regular session, and recommend such legislation 
 as they shall deem necessary and requisite to promote 
 or protect the interests of tlie Stale in tjhe said public 
 works; they shall perform such other duties as may 
 be hereafter prescribed by law, and a majority of 
 them shall be competeHt to act. Md., 293. 
 — The General Assembly shall have power to receive 
 
 from the TJnited States any grant or donation of 
 land, money .or securities, for any purpose designated 
 by the TJnited States, and shall administer or distri- 
 bute the same, according to the conditions of said 
 grant. Md., 264. 
 
 — No mnney from the Treasury shall be appropri- 
 ated to objects of internal improvement unless a bill 
 for that purpose be approved by two-thirds of both 
 bi-anches of the Legislature ; and a regular statement 
 and account of the receipts and expenditures of pub- 
 lic moneys shall be published annually. Miss., 343. 
 — So long as this State shall have public works which 
 require superintendence, there shall be a Board of 
 Public Works, to consist of three members, who 
 shall be elected by the people, at the first general 
 election after the adoption of this Constitution ; one 
 for the term of one year, one for the term of two 
 years, and one for the term of three years ; and one 
 member of said Boaid shall be elected annually there- 
 after, who shall hold his office for three years. Ohio, 
 440. 
 
 — The powers and duties of said Board of Public 
 Works and its several members, and their compensa- 
 tion, shall be such as now are, or may be prescribed 
 by law. Ohio, 440. 
 
 — A well regulated system of internal improvement 
 is calculated to develope the resources of the State, 
 and promote the happiness and prosperity of her cit- 
 izens, therefore it ought to be encouraged by the 
 General Assembly. Tenn., 499. 
 — A well regulated syslem of internal improvement 
 is calculated to develope the resources of the State, 
 and promote the happiness and prosperity of her 
 citizens. Therefore the Legislature shall have power 
 and it shall be its duty to encourage the same; and 
 the Legislature shall have power to guarantee the 
 bonds of railroad companies to any amount not 
 exceeding in any case the sum of fifteen thousand 
 dollars per mile; Provided, That in no case shall the 
 State guarantee the payment of the bonds of any 
 railroad company until such company shall have prev- 
 iously graded and prepared at least twenty-five miles 
 of its roadway, ready to lay the iron rails thereon, 
 and so on, continuously, on each additional section of 
 ten miles, so graded and prepared after the preceding 
 section has been finished and in operation, until the 
 whole road shall be completed ; Further provided, 
 That the Legislature shall require that the company 
 or companies which receive aid from the State, shall 
 use the same exclusively for the purchase of iron 
 rails, fastening and rolling stock, and placing the same 
 upon the road, and upon the failure to do so, 
 shall forfeit all their rights under this provision, 
 together with their property and franchises ; and it 
 shall be declared a felony for any officer or agent of 
 any railroad company to misappropriate any funds 
 granted under the provisions of this section, or any 
 other funds or property of the company. The State 
 shall always be secured for all bonds guaranteed for 
 any railroad company, by a first lien or mortgage 
 upon the road, rolling stock, depots and franchises of 
 the corporation, whose bonds may be guaranteed. 
 The Legislature shall provide by law, that the mana- 
 gers of railroad companies shall make reports period- 
 ically, of their acts, and the condition of the corpora- 
 tion affairs, which shall be officially published for 
 public information. And in no case shall the State 
 guarantee the bonds of railroad companies, as herein 
 provided, except by a vote of two -thirds of both 
 Houses of the Legislature ; provided the Legislature 
 shall have no power, directly or indirectly, to release 
 any railroad company from the payment in specie, of 
 the principal or interest of the obligations or debts 
 due to the school fund or to the State. An act 
 entitled " An act supplemental and amendatory of an 
 act to regulate railroad companies, approved Feb- 
 ruary 7th, 1853," approved 21st December, 1857, be 
 and the same is hereby repealed, and of no further 
 effect; and the franchise or corporate privileges of 
 any incorporated company shall not be sold under 
 judgments, except for the foreclosure of mortgages or 
 liens, created in the manner prescribed by law. The 
 
159 
 
 OomptroUer of the State is authorized to take pos- 
 session of any railroad, in default of paying any 
 bonds which may be guaranteed by the State, under 
 such regulations as may be prescribed by law. Tex., 
 517. 
 
 —There shall be a Board of Public Works, to consist 
 of three Commissioners. The State shall be divided 
 into three districts containing as nearly as may be 
 equal number of voters, and the voters of each dis- 
 trict shall elect one Commissioner, whose term of 
 ofiBce shall be six years; but of those first elected, 
 one to be designated by lot, shall remain in office for 
 two years only, and one other, to be designated in 
 like manner, shall remain in office for four years only. 
 Va.. 540. 
 
 — The General Assembly shall provide for the elec- 
 tion and compensation of the ConJmissioners, and 
 the oi'ganization of the Board. The Commissioners 
 first elected shall assemble on a day to be appointed 
 by law, and decide by lot the order in which their 
 term of service shall expire. Fffi., 540. 
 — Tlie Board of Public Works shall appoint all officers 
 employed in the public works, and all persons repre- 
 senting the interest of the Commonwealth in works 
 of internal improvement, and shall perform such 
 other duties as may be prescribed by law. Va., 540. 
 — The members of the Board of Public Works may 
 be removed by the concurrent vote of a majority of 
 all the members elected to each House of General 
 Assembly ; but the cause of removal shall be entered 
 on the journal of each House. Va., 540. 
 — The General Assembly shall have power, by a vote 
 of three-fifths of the members elected to each House, 
 to abolish said Board whenever in their opinion a 
 Board of Public Works shall no longer be necessary ; 
 and until the General Assembly shall direct an elec- 
 tion of a Board of Public Works, after the adoption 
 of this Constitution, and such Board shall have been 
 duly elected and qualified, the Governor, Auditor, 
 and Treasurer of this Commonwealth shall constitute 
 said Board, and shall exercise the authority and dis- 
 cliarge the duties thereof, and the Secretary of the 
 C'Tnuionvvealth shall discharge the duties of the clerk 
 of s^iid Boai-d, Va., 540. 
 
 CANAL FUND. 
 
 — Rates of toll, not less than those agreed to by the 
 Canal Commissioners, and set forth in their report 
 to the Legislature of the twelfth of March, one thou- 
 sand eight hundred and twenty-one, shall be imposed 
 on and collected from all parts of the navigable com- 
 munications between the great western and northern 
 lakes and the Atlantic ocean, which now are, or here- 
 after shall be made and completed ; and the said tolls, 
 together with the duties on the manufacture of all salt, 
 as established by the act of the fifteenth of April, one 
 thousand eight hundred and seventeen ; and the duties 
 on goods sold at auction, excepting therefrom the 
 sum of thirty-three thousand five hundred dollars, 
 otherwise appropriated by the said act; and the 
 amount of the revenue, established by the act of the 
 Legislature of the thirtieth of March, one thousand 
 eight hundred and twenty, in heu of the tax upon 
 steamboat passengers ; shall be and remain inviolably 
 appropriated and applied to the completion of such 
 navigable communications, and to the payment of the 
 interest, and reimbursement of the capital of the 
 money already borrowed, or which hereafter shall be 
 borrowed, to make and complete the same. And 
 neither the rates of toll on the said navigable com- 
 munications; nor the duties on the manufacture of 
 salt aforesaid; ncr the duties on goods sold at auction 
 as established by the act of the fifteenth of April, one 
 thousand eight hundred and seventeen ; nor the 
 amount of the revenue, established by the act of 
 March the thirtieth, one thousand eight hundred and 
 twenty in lieu of the tax upon steamboat passengers, 
 ■shall be reduced or diverted, at any time before the 
 full and complete payment of the principal and 
 interest of the money borrowed, or to be borrowed, 
 
 as aforesaid. And the Legislature shall never sell or 
 dispose of the salt springs belonging to this State, 
 nor the lands contiguous thereto, which may be 
 necessary or covenient for their use, nor the said 
 navigable communications, or any part or section 
 thereof; but the same shall be and remain the prop- 
 erty of this State. N. Y. (1821), 42. 
 — That the duties on the manufacture of salt, as 
 established by the act of the fifteenth of April, one 
 thousand eight hundred and seventeen, and by the 
 tenth section of the seventh article of the Constitu- 
 tion of this State, may, at any time hereafter, be 
 reduced by an act of the Legislature of this State ; 
 but shall not, while the same is appropriated and 
 pledged by the said section, be reduced below the 
 sum of six cents upon each and every bushel; and 
 the said duties shall remain inviolably appropriated 
 and applied as is provided by the said tenth section. 
 And that so much of the said tenth section of the 
 seventh article of the Constitution of this State as is 
 inconsistent with this amendment, be abrogated, 
 N. T. (1821), 45. 
 
 EXTRA PAYMENT TO CONTRACTORS. 
 
 — The General Assembly shall never grant or 
 authorize extra compensation to any public officer, 
 agent, servant or contractor, after the service shall 
 have been rendered, or the contract enterpd info. 
 Ill, 154; (nearly similar), Mich., 303; Neb., 373; 
 Wis., 563; Iowa, 187; Ohio, 439; Md., 263. 
 
 LOAN OF STATE CREDIT — ASSUMPTION OP 
 LOCAL DEBTS. 
 
 — Nor shall the debts or liabilities of any corporation, 
 person, or persons or other State, be guaranteed nor 
 any money, credit, or other thing, be loaned or given 
 away, except by a like concurrence of each House ; 
 and the votes shall in each case, be taken by yeas 
 and nays, and be entered on the journals. Ala., 78. 
 — The credit of the State shall not be directly or 
 indirectly loaned in any case. Me., 253 ; Md., 263 ; 
 N. J., 414. 
 
 — The credit of the State shall not in any manner be 
 given or loaned to, or in aid of any individuals, asso- 
 ciation, or corporation ; nor shall the State directly or 
 indirectly become a stockholder in any association or 
 oorporation. Cat, 104; Iowa, 190; Ohio, 439. 
 — The General Assembly shall not pledge the faith 
 and credit of the State to raise funds in the aid of 
 any corporation whatever. Fl., 139; III., 154; Min., 
 327. 
 
 — The credit of this Commonwealth shall nevpr be 
 given or loaned in aid of any person, association, 
 municipality, or corporation. Ky., 212. 
 — The credit of the State shall not be granted to, or 
 in aid of any person, association, or corporatiop. 
 Mich., Z12; Neb., 376; Wis., 568; O., 457. 
 — The State shall not be a party to, or interested in 
 any work of internal improvement, nor engaged in 
 carrying on any such work, except in the expendi- 
 ture of grants to the State or land or other property. 
 Mich., 3J2. 
 
 — The credit of the State shall not be given or loaned 
 in aid of any person, association, or corporation ; nor 
 shall the State hereafter become a stockholder in any 
 corporation or association, except for the purpose of 
 securing loans heretofore extended to certain railroad 
 corporations by the State. Mo., 362. 
 — The State shall never assume the debts of any 
 county, town, city or other corporation whatever, 
 unless such debts have been created to repel invasion, 
 suppress insurrection, or to provide for the public 
 defense. Nev., 389; (nearly similar). Pa., 471; W. 
 Va., 556. 
 
 — The State shall never assume the debts of any 
 county, city, town or township, or of any corporation 
 whatever, unless such debt shall have been create^ 
 
160 
 
 to repel invasion, suppress insurrection, or defend 
 the State in war. OJiio, 439; Or., 457. 
 — Tlie State sliall never contract any debt for pur- 
 poses of internal improvement. Ohio, 443. 
 — Hereafter the State shall not become a stockholder 
 in any bank. If the State become a stockholder in 
 any association or corporation for the purposes of 
 internal improvement, such stock shall be paid for at 
 the time of subscribing, or a tax shall be levied for 
 tiie ensuing year, sufficient to pay the subscription in 
 full. W. Va., 556. 
 
 — The credit of the State shall not be granted to, or 
 in aid of, any county, city, town, township, corpora- 
 tion or person, nor shall tlie State ever assume or 
 become responsible for the debts or liabilities of any 
 county, city, town, township, corporation or person, 
 unless incurred in time of war or insurrection for the 
 benefit of the State. W. Va., 556. 
 — The credit of the Commonwealth shall not in any 
 manner or event be pledged or loaned to any indi- 
 vidual, company, corporation, or association; nor 
 shall the Commonwealth hereafter become a joint 
 owner or stockholder in any company, association, or 
 corporation. Pa., 471. 
 
 — The State shall not donate or loan money on its 
 credit, or subscribe to, or be interested in the stock 
 of any company, association, or corporation, except 
 corporations formed for educational or charitable pur- 
 poses. Nev., 389. 
 
 — The Legislature shall not have power to grant aid 
 to companies or associations of individuals, except to 
 charitable associations, and to such companies or 
 associations as are and shall be formed for the ex- 
 clusive purpose of making works of internal improve- 
 ment, wholly or partially within the State, to the 
 extent only of one-fifth of the capital of such com- 
 panies, by subscription in stock or loan in money or 
 public bonds; but any aid thus granted shall be paid 
 to the company only in the same proportion as the 
 remainder of the capital shall be actually paid in by 
 the stockholders of the company; and in case of loan 
 such adequate security shall be required as the Legis- 
 lature may seem proper. No corporation or indi- 
 vidual association, receiving the aid of the State, as 
 herein provided, shall possess banking or discounting 
 privileges. La., 234. 
 
 — Nor shall the General Assembly ever, on behalf of 
 the State, assume the debts of any county, city, town 
 or township, nor of any corporation whatever. Ind., 
 179. 
 
 — The State shall not become a stockholder in any 
 corporation, nor shall it assume or pay the debt or 
 liability of any corporation, unless incurred in time 
 of war, for the benefit of the State. Iowa, 191. 
 — The General Assembly shall have no power for any 
 purpose whatever, to release the lien held by the 
 State upon any railroad. Mo., 362. 
 — No county shall create any deeds or liabilities 
 which shall singly, or in the aggregate, exceed the 
 sum of ifive thousand dollars, except to suppress 
 insurrection or repel invasion ; but the debts of any 
 county at the time this constitution takes effect, shall 
 be disregarded in estimating the sum to which such 
 county is limited. Or., 457. 
 
 TAXATION — REVENUES. 
 
 — All lands liable to taxation in this State, shall be 
 taxed in proportion to their value. Ala., 78; Mo., 348. 
 — No power to levy taxes shall be delegated to indi- 
 viduals or private corporations. Ala., 78. 
 — AH revenue shall be raised by taxation to be fixed 
 by law. Ark, 93. 
 
 — All property subject to taxation shall be taxed 
 according to its value, that value to be ascertained in 
 such manner as the General Assembly shall direct, 
 making the same equal and uniform throughout the 
 State. No one species of property, from which a tax 
 may be collected, shall be taxed higher than another 
 species of property of equal value: Provided, The 
 
 General Assembly shall have the power to tax mer- 
 chants, hawkers, peddlers and privileges, in such 
 manner as may from time to time be prescribed by 
 law : And provided further. That no other or greater 
 amount of revenue shall at any time be levied than 
 required for the necessary expenses of the govern- 
 ment unless by a concurrence of two-thirds of both 
 Houses of the General Assembly. ArJc, 93. 
 — No other or greater tax shall be levied on the pro- 
 duction or labor of the country than may be required 
 for expenses of inspection. ArJc., 93. 
 — Taxation shall be equal and uniform throughout the 
 State. All property in this State shall be taxed in 
 proportion to its value, to be asscertained as directed 
 by law ; but Assessors and Collectors of town, county, 
 and State taxes shall be elected by the qualified 
 electors of the district, county, or town in which the 
 property taxed for State, county, or town purposes, 
 is situated. Cal, 104. 
 
 — The General Assembly shall devise and adopt a 
 system of revenue, having regard to an equal and 
 uniform mode of taxation throughout the State. Pla., 
 137 ; (nearly similar), Kan., 214. 
 — No other or greater amount of tax or revenue shall 
 at any time be levied, than may be required for the 
 necessary expenses of the government. Fla., 137. 
 — The specification of the objects and subjects of 
 taxation shall not deprive the General Assembly of 
 the power to require other objects or subjects to be 
 taxed in such manner as may be consistent with the 
 principles of taxation fixed in this Constitution. Ill, 
 164. 
 
 — The General Assembly shall provide for levying a 
 tax by valuation, so that every person and corpora- 
 ticn shall pay a tax in proportion to the value of his 
 or her property ; such value to be ascertained by 
 some person or persons to be elected or appointed in 
 such manner as the General Assembly shall direct, 
 and not otherwise ; but the General Assembly shall 
 have power to tax peddlers, auctioneers, brokers, 
 hawkers, merchants, commission merchants, show- 
 men, jugglers, innkeepers, grocery keepers, toll- 
 bridges and ferries, and persons using and exercising 
 franchises and privileges, in such manner as they 
 shall fiom time to time direct. lU., 163. 
 — The property of the State and counties, both real 
 and personal, and such other property as the General 
 Assembly may deem necessary for school, religious 
 and charitable purposes, may be exempted from tax- 
 ation. Ill, 163. 
 
 — The General Assembly shall provide by law for a 
 uniform and equal rate of assessment and taxation, 
 and shall prescribe such regulations as shall secure a 
 just valuation for taxation of all property, both real 
 and personal, excepting such only for municipal, edu- 
 cational, literary, scientific, religious, or charitable 
 purposes as may be specially exempted by law. Ind., 
 178. 
 
 — Every law which imposes, continues, or revives a 
 tax, shall distinctly state the tax, and the object to 
 which it is applied ; and it shall not be suflScient to 
 refer to any other law to fix such tax or object. 
 Iowa, 191. 
 
 — No tax shall be levied except in pursuance of a 
 law, which shall distinctly state the object of the 
 same ; to which object only such tax shall be applied. 
 Kan., 204. 
 
 — A county assessor shall be elected in each county 
 at the same time and for the same term that the 
 Presiding .Fudge of the County Court is elected, until 
 otherwise provided for by law. He shall have power 
 to appoint such assistants as may be necessary and 
 proper. Ky., 219. 
 
 — Taxation shall ,be equal and uniform throughout the 
 State. All property shall be taxed in proportion to 
 its value, to be ascertained as directed by law. The 
 General Assembly shall have power to exempt from 
 taxation property actually used for church, school, or 
 charitable purposes. The General Assembly shall 
 levy an income tax upon all persons pursuing anv 
 occupation, trade or calling, and all such persons 
 shall obtain a license, as provided by law. All tax 
 
161 
 
 on income shall be pro-rata on the amount of income 
 or business done. La., 234. 
 
 — And while the public charges of government, or 
 any part thereof, shall be assessed on polls and 
 estates, in the manner that has hitherto been prac- 
 ticed, in order that such assessments may be made 
 with equality, there shall be a valuation of estates 
 within the Commonwealth, taken anew once in every 
 ten years at least, and as much oftener as the Gen- 
 eral Court shall order. J/ass., 283. 
 — While the public expenses shall be assessed on 
 polls and estates, a general valuation shall be taken 
 at least once in ten years. Me., 248. 
 — A.11 taxes upon real estate, assessed by authority of 
 this State, shall be apportioned and assessed equally, 
 according to the just value thereof Me., 248. 
 — The State may continue to collect all specific 
 taxes accruing to the treasury >mder existing laws. 
 Tlie Legislature may provide for the collection of 
 specific taxes, from banking, railroad, plankroad, and 
 other corporations hereafter created. Mieh., 312. 
 — The Legislature shall provide an uniform rule of 
 taxation, except on property paying specific taxes, 
 and taxes shall be levied on such property as shall be 
 prescribed by law. Mich., 312. 
 
 — A.11 assessments hereafter authorized shall be on 
 property at its cash value. Mich., 312. 
 — The Legislature shall provide for an equalization 
 by a State board, in the year one thousand eight 
 hundred and fifty-one, and every fifth year there- 
 after, of assessments on all taxable property, except 
 that paying specific taxes. Mich., 312. 
 — Every law which imposes, continues, or revives a 
 tax,, shall distinctly state the tax, and the object to 
 which it is to be applied ; and it shall not be sufficient 
 to refer to any other law to fix such tax or object. 
 Mich., 312. 
 
 — -All taxes to be raised in this State shall be as nearly 
 equal as may be, and all property on which taxes are 
 to be levied shall have a cash valuation, and be equals 
 ized and uniform throughout the State. Min., 326. 
 — The Legislature shall provide for an annual tax, 
 sufficient to defray the estimated expenses of the 
 State for each year; and whenever it shall happen 
 that such ordinary expenses of the State for any year 
 shall exceed the income of the State for such year, 
 the Legislature shall provide for levying a tax for the 
 ensuing year suflftcient, with other sources of income, 
 to pay the deficiency of the preceding year, together 
 with the estimated expenses of such ensuing year. 
 Min., 326. 
 
 — No property, real or per.'onal, shall be exempt 
 from taxation, except such as may be used exclu- 
 sivelv for public schools, and such as may belong to 
 the United Slates, to this State, to counties, or to 
 municipal corporations within this State. Mo., 362. 
 — The Legislature shall provide for an annual tax, 
 sufficient to defray the estimated expenses of the 
 State for each year, and whenever the expenses of any 
 year shall exceed the income, the Legislature shall 
 provide for levying a tax for the ensuing year, suffi- 
 cient, with other sources of income, to pay the 
 deficiency, as well as the expenses of such ensuing 
 year. Neb., 376 ; (nearly similar, except the term is 
 two years,) Nev., 389. 
 
 — The Legislature shall provide by law, for a uniform 
 and equal rate of assessment and taxation, and shall 
 prescribe such regulations as shall secure a just valu- 
 ation for taxation of all property, real, personal or 
 possessory, except mines and mining claims, the pro- 
 ceeds of which alone shall be taxed, and also except- 
 ing such property as may be exempted by law for 
 municipal, educational, literary, scientific, religious, or 
 charitable purposes. Nev., 389. 
 — And while the public charges of government, or 
 an V part thereof, shall be assessed on polls and estates 
 in the manner that has heretofore been practiced, in 
 order that such assessments may be made with 
 equality, there shall be a valuation of the estates 
 within the State, taken anew once in every five 
 years at least, and as much oftener as the General 
 Court shall order. K H.^ 402. 
 41 
 
 — And the inhabitants of plantations and places unin- 
 corporated, qualified as this Constitution provides, 
 who are or shall be required to assess taxes upon 
 themselves toward the support of government, or 
 shall be taxed therefor, shall have the same privilege 
 of voting for Senators in the plantations and places 
 where they reside, as the inhabitants of the respect- 
 ive towns and parishes aforesaid have. And the 
 meetings of such plantations and places for that pur- 
 pose shall be holden annually in the month of March, 
 at such places respectively therein as the assessors 
 thereof shall direct, which assessors shall have like 
 authority for notifying the electors, collecting and 
 returning the votes as the selectmen and town clerks 
 have in their several towns, by this Constitution. N. 
 H., 404. 
 
 •r— The General Assembly shall provide for raising 
 revenue, sufficient to defray the expenses of the State, 
 for each year, and also a sufficient sum to pay the 
 interest on the State debt. Ohio, 442. 
 — No tax shall be levied, except in pursuance of law; 
 and every law imposing a tax, shall state, distinctly, 
 the object of the same, to which only it shall be 
 applied" Ohio, 443 ; Or., 456. 
 
 — The Legislative Assembly shall provide by law for 
 a uniform and equal rate of assessment and taxation, 
 and shall prescribe such regulations as shall secure a 
 just valuation for taxation of all property, both real 
 and personal, excepting such only for municipal, edur 
 cational, literary, scientific, religious, or charitable pur- 
 poses, as may be specially exempted by law. Or., 456. 
 — Whenever the expenses of any fiscal year shall 
 exceed the income, the Legislative Assembly shall 
 provide for levying a tax for the ensuing fiscal year, 
 sufficient, with other sources of income, to pay the 
 deficiency, as well as the estimated expense of the 
 ensuing fiscal year. Or., 456. 
 
 — The General Assembly shall, from time to time, 
 provide for making new valuation of property for 
 the assessment of taxes, in such manner as they may 
 deem best. A new estimate of such property shall 
 be taken before the first direct State tax, after the 
 adoption of this Constitution, shall be assessed. R. 
 I., 476. 
 
 — All taxes upon property, real or personal, shall be 
 laid upon the actual value of the property taxed, as 
 the same shall be ascertained by an assessment made 
 for the purpose of laying such tax. In the first 
 apportionment which shall be made under this Con- 
 stitution, the amount of taxes shall be estimated from 
 the average of the two years next preceding such 
 apportionment; but in every subsequent apportion- 
 ment, from the average of the ten years then next 
 preceding. S. C, 483. 
 
 — All lands liable to taxation, held by deed, grant or 
 entry, town lots, bank stock, slaves between the 
 ages of twelve and fifteen years, and such other pro- 
 perty as the Legislature may from time to time deem 
 expedient, shall be taxable. All property shall be 
 taxed according to its value ; that value to be ascer- 
 tained in such manner as the Legislature shall direct, 
 so that the same shall be equal and uniform through- 
 out the State. No one species of property from 
 which a tax may be collected shall be taxed higher 
 than any other species of property of equal value. 
 But the Legislature shall have power to tax mer- 
 chants, peddlers, and privileges, in such manner as 
 they may, from time to time, direct. Temn., 494. 
 — No article manufactured of the produce of this 
 State shall be taxed otherwise than to pay inspection 
 fees. Term., 499. 
 
 — Taxation shall be equal and uniform throughout the 
 State. All property in this State shall be taxed in 
 proportion to its value, to be ascertained as directed 
 by law, except such property as two-thirds of both 
 Houses of the Legislature may think proper to 
 exempt from taxation. The Legislature shall have 
 power to lay an income tax, and to tax all persons 
 pursuing any occupation, trade or profession ; Pro- 
 vided, That the term occupation shall not be construed 
 to apply to pursuits, either agricultural or mechani- 
 cal. Tex., 516. 
 
162 
 
 1 § 10. The State may, to meet casual deficits or failures in revenues, or for 
 
 2 expenses not provided for, contract debts, but such debts, direct and contin- 
 
 3 gent, singly or in the aggregate, shall not at any time exceed one million of 
 
 4 dollars, and the moneys arising from the loans creating such debt shall be ap- 
 
 5 plied to the purpose for which they were obtained or to repay the debt so con- 
 
 6 tracted, and to no other purpose whatever. 
 
 — The assessor and collector of taxes shall be 
 appointed in such manner, and under such regula- 
 tions as the Legislature may direct. Tex., 5] 6. 
 — The General Assembly may levy a tax on incomes, 
 salaries and licenses; but no tax shall be levied on 
 properly from which any income so taxed is derived, 
 or the capital invested in trade or business in respect 
 to which the license so taxed is issued. Va., 538. 
 — Taxation shall be equal and uniform throughout 
 the Gommonwealth, and all property shall be taxed 
 in proportion to its value, which shall be ascertained 
 in such manner as may be prescribed by law. Va., 
 538. 
 
 — Taxation shall be equal and uniform throughout the 
 State, and all property, both real and personal, shall 
 be ta.xed in proportion to its value, to be ascertained 
 as directed by law. No one species of property from 
 which a tax may be collected, shall be taxed higher 
 than any other species of property of equal value ; 
 but property used for educational, literary, scientific, 
 religious or charitable purposes, and public property, 
 may, by law, be exempted from taxation. W. Va., 556. 
 — The Legislature shall provide for an annual tax, 
 suffi'iient to defray the estimated expenses of the 
 State for each year ; and whenever the ordinary 
 expenses of any year shall exceed the income, shall 
 levy a tax for the ensuing year, sufficient, with other 
 sources of income, to pay the deficiency, as well as 
 the estimated expenses of such year. W. Va., 556. 
 — The Legisli-ture shall provide for an annual tax 
 sufficient to defray the estimated expenses of the 
 State for each year; and whenever the expenses of 
 any year .shall exceed the income, the Legislature 
 shall provide for levymg a tax for the ensuing year, 
 gufficient, with other sources of income, to pay the 
 deficiency, as well as the estimated expenses of such 
 ensuing year. Wis., 568. 
 
 — The rule of taxation shall be uniform, and taxes 
 shall be levied upon such property as the Legislature 
 shall prescribe. Wis., 567. 
 
 — fMinute provisions relating to the sale of lands for 
 taxes]. Ill, 163. 
 
 — The property of all corporations for pecuniary pro- 
 fit now existing, or hereafter created, shall be subject 
 to taxation, the same as that of individuals. Iowa, 191. 
 — The Legislature shall provide for taxing the notes 
 and bills discounted or purchased, moneys loaned, and 
 other property, effects, or dues of every description 
 (without deduction), of all banks now existing, or 
 hereafter to be created, and of all bankers ; so that all 
 property employed in banking shall always bear a 
 burden of taxation equal to that imposed upon the 
 property of individuals. Kati., 204. 
 ■ — The Legislature shall provide, each year, for raising 
 revenue sufficient to defray the current expenses of 
 the State. Kan., 204. 
 
 — Laws shall be passed taxing all moneys, credits, 
 investments in bonds, stocks, joint-stock companies, 
 or otherwise, and also all real and personal property, 
 according to its true value in money ; but public 
 bnrying-grounds, public school-houses, public hos- 
 pitals, academies, colleges, universities, and all semi- 
 naries of learning, all churches, church property used 
 for religious purposes, and houses of worship, insti- 
 tutions of pin'ely public charity, public property used 
 exclusively for any public purpose, and personal pro- 
 perty to au amount not exceedhig in value two hun- 
 
 dred dollars for each individual, shall, by general laiv 
 be exempt from taxation. Min., 326. 
 — Laws shall be passed lor taxing the notes and bill 
 discounted or purchased, moneys loaned, and all 
 other property, effects, or dues of every description, 
 of all banks, and of all bankers; so that all property 
 employed in banking shall always be subject to a 
 taxation equal to that imposed on the property of 
 individuals. Min., 327. 
 
 — No municipal corporations, except cities, shall be 
 created by special act; and no city shall be incor- 
 porated with less than five thousand permanent 
 inhabitants, nor unless the people thereof, by a direct 
 vote upon the question, shall have decided in favor 
 of such corporation. Mo., 360. 
 
 — The pioperty of corporations, now existing or 
 hereafter created, shall forever be subject to taxation, 
 the same as the property of individuals. Neb., 377. 
 — AU real property or possessory rights to the same, 
 as well as peisonal property in this State, belonging 
 to corporations now existing or hereafter created, 
 shall be subject to taxation the same as property of 
 individuals ; Provided, That the property of coipora- 
 tions formed for municipal, charitable, religious or 
 educational purposes, may be exempted by law. 
 Nev., 388. 
 
 — Laws shall be passed taxing, by a uniform rule, all 
 moneys, credits, investments in bonds, stock.', joint 
 stock companies, or otherwise ; and also all real and 
 personal property, according to its true value in 
 money ; but burying grounds, public school houses, 
 houses used exclusively for public worship, institu- 
 tions of purely public charity, public property used 
 exclusively for any public purpose; and personal 
 property, to an amount not exceeding in value two 
 hundred dollars for each individual, may, by general 
 laws, be exempted from taxation ; but, all such laws 
 shall be subject to alteiation or repeal, and the value 
 of all property so exempted shall from time to time 
 be ascei-tained and published, as may be directed by 
 law. Ohio, 442. 
 
 — The property of corporations, now existing or 
 hereafter created, shall forever be subject to taxation 
 the same as the property of individuals. Ohio, 443. 
 — The General Assembly shall provide by law for 
 taking the notes and bills discounted or purchased, 
 moneys loaned, and all other property, effects or dues 
 of every description (without deduction), of all banks 
 now existing or hereafter created, and of all bankers, 
 so that all property employed in banking shall always 
 bear a burderfof taxation equal to that imposed on 
 the property of individuals. Ohio., 442. 
 
 STATE DEBTS. 
 
 — The General Assembly shall not borrow or raise 
 money on the credit of the State (except for pur- 
 poses of military defense against actual or threatened 
 invasion, rebellion, or insurrection), without the con- 
 currence, of two-thirds of the members of each House. 
 Ala., 78. 
 
 — Be it ordained by the People of the State of Arkansas, 
 That the Provisional Governor who may be elected 
 by this Convention, be authorized to negotiate a loan 
 not exceeding |150,000 for the State of Arkansas, 
 for the purposes of government, till such time as 
 
163 
 
 1 S !!• Id addition to tlie above limited power to contract debts, the State 
 
 2 may contract debts to repel invasion, suppress insurrection, or defend the 
 
 3 State in war, but the money arising from the contracting of such debts, shall 
 
 4 be applied to the purpose for which it was raised or to repay such debts, and 
 
 5 to no other purpose whatever. 
 
 there may be funds in the treasury from the ordinary 
 sources of revenue, and tliat he have full authority to 
 pledge therefor the faith and credit of the State. 
 Arle., 95. 
 
 — The Legislature shall not in any manner create any 
 debt or debts, liability or liabilities, which shall singly 
 or in the aggregate, with any previous debts or lia- 
 bilities, exceed the sum of three hundred thousand 
 dollars, except in case of war, to repel invasion or 
 suppress insurrection, unless the same shall be author- 
 ized by some law for some single object or work, to 
 be distinctly specified therein, which law shall pro- 
 vide ways and means, exclusive of loans, for the 
 payment of the interest of such debt or liability as it 
 falls due, and also pay and discharge the principal of 
 such debt or liability within twenty years from the 
 time of the contracting thereof, and shall be irrepeal- 
 able until the prir.cipal and interest thereon shall be 
 paid and discharged; but no such law shall take 
 effect until, at a general election, it shall have been 
 submitted to the people, and have received a majority 
 of all the votes qast for and against it at such elec- 
 tion ; and all money raised by authority of such law 
 shall be applied only to the specific object therein 
 stated, or to the payment of the debt thereby created; 
 and such law shall be published in at least one news- 
 paper in each judicial district, if one be published 
 therein throughout the State, for three months next 
 preceding the election at which it is submitted to the 
 people. Cal, 102 ; lU., 154. 
 
 — The General Assembly shall provide for the publi- 
 cation of said law for three months at least before 
 the vote of the people shall be taken upon the same, 
 and provision shall be made, at the time, for the pay- 
 ment of the interest annually, as it shall accrue, by a 
 tax levied for the purposes, or from other sources of 
 revenue; which law, providing for the payment of 
 such interest by such tax, shall be irrepealable until 
 such debt be paid ; And provided, further, That the 
 law levying the tax shall be submitted to the people 
 with the law authorizing the debt to be contracted. 
 Ill, 154. 
 
 — There shall be annually assessed and collected, in 
 the same manner as other State revenue may be 
 assessed and collected, a tax of two mills upon each 
 doll.ir's worth of taxable property, in addition to all 
 other taxes, to be applied as follows, to wit: The 
 fund so created ishall be kept'separate, and shall, annu- 
 ally, on the first day of January, be apportioned and 
 paid over, pro rata, upon all such State indebtedness, 
 other than the canal and school indebtedness, as may, 
 for that purpose, be presented by the holders of the 
 same, to be entered as credits upon, and, to that 
 extent, in extinguisliment of the principal of said 
 indebtedness. III., 16". 
 
 — All the revenues derived from the sale of any of 
 the public works belonging to the State, and from 
 the net annual income thereof, and any surplus that 
 may, at any time, remain in the treasury derived 
 from taxation for general State purposes, after the 
 payment of the ordinary expenses of the government, 
 and of the interest on bonds of the Slate, other than 
 bank bonds, shall be annually applied, under the 
 direction of the General Assembly, to the payment 
 of the principal of the public debt. Ind., 178. 
 
 No law shall authorize any debt to be contracted 
 
 on behalf of the State, except in the following cases: 
 To meet casual deficits in the revenue; to pay the 
 interest on the State debt; to repel invasion, suppress 
 
 insurrection, or if hostilities be threatened, provide 
 for the public defense. Ind., 179. 
 — The State may contract debts to supply the casual 
 deficits or failures in revenues, or to meet expenses 
 not otherwise provided for; but the aggregate 
 amount of such debts, direct and contingent, whether 
 contracted by virtue of one or more acts of the Gen- 
 eral Assembly, or at different periods of time, shall 
 never exceed the sum of two hundred and fifty thou- 
 sand dollars ; and the money arising from the creation 
 of such debts shall be applied to the purpose for 
 which it was obtained, or to repay the debts so con- 
 tracted, and to no other purpose whatever. Iowa, 
 190. 
 
 — In addition to the above limited power to contract 
 debts, the State may contract debts to repel invasion, 
 suppress insurrection, or defend (he State in war; but 
 the money arising from the debts so contracted shall 
 be applied to the purpose for which it was raised, or 
 to repay such debts, and to no other purpose what- 
 ever. Iowa, 190; (nearly similar,) Kan., 205; Mich., 
 312 ; Min., 327; Neb., 376; Pa., 471 ; Wis., 568. 
 — Except the debts herein before specified in this 
 article, no debt shall be hereafter contracted by, or on 
 behalf of this State, unless such debt shall be autho- 
 rized by some law for some single work or object, to 
 be distinctly specified therein ; and such law shall 
 impose and provide for the collection of a direct 
 annual tax, sufHcient to pay the interest on such debt, 
 as it falls due, and also to pay and discharge the 
 principal of such debt, within twenty years fiom the 
 time of the contracting thereof; but no such law shall 
 take effect until at a general election it shall have 
 been submitted to the people, and have leceived a 
 majority of all the votes cast for or against it at such 
 election ; and all the money raised by authority of 
 such law, shall be applied only to the specific object 
 therein stated, or to the payment of the debt created 
 thereby , and such law shall be published in at least 
 one newspaper in each county, if one is published 
 therein, tliroughout the State, for three months pre- 
 ceding the election at which it is submitted to the 
 people. Iowa, 190. 
 
 — The Legislature may at any time after the approval 
 of such law by the people, if no debt shnll have been 
 contracted in pursuance thereof, repeal the same; and 
 may at any time forbid the contracting of any further 
 debt or liability under such law ; but the tax imposed 
 by such law, in proportion to the debt or liability 
 which may have been contracted in pursuance theieof 
 shall remain in force and be irrepealable, and be annu- 
 ally collected, until the principal and interest are fully 
 paid. Iowa, 191. 
 
 — For the purpose of defraying extraordinary expenses 
 and making public improvements, the State may con- 
 tract public debts; but such debts shall never, in the 
 aggregate, exceed one million dollars, except as here- 
 inafter provided. Every such debt .■<hall be author- 
 ized by law for some purpose specified therein, and 
 the vote of a majority of all the members elected to 
 each House, to be taken by the yeas and nays, shall be 
 necessary to the passage of such law ; and every such 
 law shall provide for levying an annual tax sufiBcient 
 to pay the annual interest of such debt, and the prin- 
 cipal thereof' when it sholl become due ; and shall spe- 
 cifically appropriate the proceeds of such taxes to the 
 payment of such principal and interest; and such 
 appropriation shall not be repealed, nor the taxes 
 postponed or diminished, until the interest and prin- 
 
164 
 
 cipal of such debts sliall have been wholly paid. 
 £an., 204. 
 
 — No debt shall be contracted by the State except as 
 herein provided, unless the proposed law for creating 
 such debt shall first be submitted to a direct vote of 
 the electors of the State at some general election ; 
 and if such proposed law shall be ratified by a 
 majority of all the votes cast at such general elec- 
 tion, then it shall be the duty of the Legislature next 
 after such election to enact such law and create such 
 debt, subject (jp all the provisions and restrictions 
 provided in the preceding section of this article. 
 Kan., 204. 
 
 — The General Assembly shall have no power to 
 pass laws to diminish the resources of the sinking 
 fund, as now establi-shed by law, until the debt of 
 the State be paid, but may pass laws to increase 
 them ; and the whole resources of said fund, from 
 year to year, shall be sacredly set apart and applied 
 to the payment of the interest and principal of the 
 State debt, and to no other use Or purpose, until the 
 whole debt of the State is fully paid and satisfied. 
 -SV., 212. 
 
 — The General Assembly may contract debts to meet 
 casual deficits or failures in the revenue, but such 
 debts, direct or contingent, singly or in the aggregate, 
 shall not, at any time, exceed five hundred thousand 
 dollars ; and the moneys arising from loans creating 
 such debts shall be applied to the purposes for which 
 they were obtained, or to repay such debts; Pro- 
 vided, That the State may contract debts to repel 
 invasion, suppress insurrection, or, if hostilities are 
 threatened, provide for the pubhc defense. Ky., 212. 
 — No act of the General Assembly shall authorize 
 any debt to be contracted on behalf of the Common- 
 wealth, except for the purposes mentioned in the 
 thirty-fifth section' of this article, unless provision be 
 made therein to lay and collect an annual tax sufiB- 
 cient to pay the interest stipulated, and to discharge 
 the debt within thirty years ; nor shall such act take 
 effect until it shall have been submitted to the people 
 at a general election, and shall have received a 
 majority of all the votes cast for or against it : Pro- 
 vided^ That the General Assembly may contract 
 debts, by borrowing money to pay any part of the 
 debt of the State, without submission to the people, 
 and without making provision in the act authorizing 
 the same for a tax to discharge the debt so contracted, 
 or the interest thereon. JSy., 212. 
 — The General Assembly shall have no power to pass 
 any act or resolution, for the appropriation of any 
 money, or the creation of any debt, exceeding the 
 sum of one hundred dollars, at any one time, unless 
 the same, on its final passage, shall be voted for by a 
 majority of all the members then elected to each 
 branch of the General Assembly ; and the j'eas and 
 nays thereon entered on the journal. Ki/., 212. 
 — No liability shall be contracted by the State as above 
 mentioned, unless the same be authorized by some 
 law for some single object or work, to be distinctly 
 specified therein, which shall be passed by a majority 
 of the members elected to both Houses of the Gen- 
 eral Assembly ; and the aggregate amount of debts 
 and liabilities incurred under this and the preceding 
 article shall never, at any time, exceed eight miUions 
 of dollars. Za., 234. 
 
 — Whenever the Legislature shall contract a debt 
 exceeding in amount the sum of one hundred thou- 
 sand dollars, unless in case of war, to repel invasion, 
 or suppress insurrection, they shall, in the law creat- 
 ing the debt, provide adequate ways and means for 
 the payment of the current interest and of the prin- 
 cipal when the same shall become due. And the said 
 law shall be irrepealable until principal and interest 
 are fully paid and discharged, or unless the repealing 
 law contains some other adequate provisions for the 
 payment of the principal and interest of the debt. 
 Za., 234. 
 
 — The Legislature shall not create any debt or debts, 
 liability or liabilities on behalf of the State, which 
 shall singly, or in the aggregate, with previous debts 
 and liabilities hereafter incurred at any one time, 
 
 exceed three hundred thousand dollars, except to 
 suppress insurrection, to repel invasion, or for pur- 
 poses of war; but this amendment shall not be con- 
 strued to refer to any money that has been, or may 
 be deposited with this Slate by the government of 
 the United States, or to any fund which the State 
 shall hold in trust for any Indian tribe. Me., 253. 
 — No debt shall be hereafter contracted by tlie Gen- 
 eral Assembly unless such debts shall be authorized 
 by a law providing for the collection of an annual tax 
 or taxes, sufficient to pay the interest on such debt as 
 it falls due, 5nd also to discharge the principal thereof 
 within fifteen years from the time of contracting the 
 same, and the taxes laid for this purpose shall not be 
 repealed or applied to any other object until the said 
 debt and interest thereon shall be fully discharged. 
 The credit of the State shall not in any manner be given 
 or loaned to or in aid of any association or corpora- 
 tion, nor shall the General Assembly have the power 
 in any mode to involve the State in the construction 
 of works of internal improvement, nor in any enter- 
 prise which shall involve the faith or credit of the 
 State, nor make any appropriations therefor; and 
 they shall not use or appropriate the proceeds of the 
 internal improvement companies, or of the State tax 
 now levied, or which may hereafter be levied, to pay 
 off' the public debt, to any other purpose, until the 
 interest and debt are fully paid, or the sinking fund 
 shall be equal to the amount of the outstanding 
 debt ; but the General Assembly may, without laying 
 a tax, borrow an amount, never to exceed fifty thou- 
 sand dollars, to meet temporary deficiencies in the 
 treasury, and may contract debts to any amount that 
 may be necessary for the defense of the State. Md., 
 263. 
 
 — The Legislature shall provide by law a sinking fund 
 of at least twenty thousand dollars a year, to com- 
 mence in eighteen hundred and fifty-two, with com- 
 pound interest at the rate of six per cent per annum, 
 and an annual increase of at least five per cent, to 
 be applied solely to the payment and extinguishment 
 of the principal of the State debt, other than the 
 amounts due to educational funds, and shall be con- 
 tinued until the extinguishment thereof. The un- 
 funded debt shall not be funded or redeemed at a 
 value exceeding that established by law in one thou- 
 sand eight hundred and forty-eight. Mich., 311. 
 — The State may contract debts to meet deficits in 
 revenue. Such debts shall not in the aggregate at 
 any one time exceed fifty thousand dollars. The 
 moneys so raised shall be applied to the purposes for 
 which they were obtained, or to the payment of the 
 debts so contracted. Mich., 311. 
 — No scrip, certificate, or other evidence of State 
 indebtedness shall be issued except for the redemption 
 of stock previously issued, or for such bonds as are 
 expressly authorized in this Constitution. Mich., 312. 
 — For the purpose of defraying extraordinary expend- 
 itures, the State may contract public debts, but such 
 debts shall never, in the, aggregate, exceed two hun- 
 dred and fifty thousand dollars ; every such debt shall 
 be authorized by law, for some single object to be 
 distinctly specified therein ; and no such law shall 
 take effect until it shall have been passed by the vote 
 of two-thirds of the members of each branch of the 
 Legislature, to be recorded by yeas and nays on the 
 journals of each House, respectively; and every such 
 law shall levy a tax annually sufficient to pay the 
 annual interest of such debt, and also a tax sufficient 
 to pay the principal of such debt within ten years 
 from the final passage of such Jaw, and shall specially 
 appropriate the proceeds of such taxes to the payment 
 of such principal and interest; and such appropria- 
 tion and taxes shall not be repealed, postponed or 
 diminished until the principal and interest of such 
 debt shall have been wholly paid. [ A'ei., 376 ; Wis., 
 568, except limit is $100,000.] The State shall never 
 contract any debts for works of internal improve- 
 ment; or be a party in carrying on such works, 
 except in cases where grants of land or other prop- 
 erty shall have been made to the State, especially 
 dedicated by the grant to specific purposes, and in 
 
165 
 
 such cases the State shall devote thereto the avails 
 of such grants, and may pledge or appropriate the 
 revenues derived from such works in aid of their 
 completion. Min., 327. 
 
 — AU debts authorized by the preceding section shall 
 be contracted by loan on State bonds of amounts not 
 l«ss than five hundred dollars each, on interest, paya- 
 ble within ten years after the final passage of the law 
 authorizing such debt; and such bonds shall not be 
 sold by the State under par. A correct registry of 
 all such bonds shall be kept by the Treasurer, in 
 nurnerical order, so as always to exhibit the number 
 and amount unpaid, and to whom severally made 
 payable. Mn., 327. 
 
 — The money arising from any loan made, or debt or 
 liability contracted, shall be applied to the object 
 specified in the act authorizing such debt or liability, 
 or to the repayment of such debt or liability, and to 
 no other purpose whatever. Min,, 337. 
 — Ko law shall ever be passed to raise a loan of 
 money upon the credit of the State, or to pledge the 
 faith of the State or the payment or redemption of 
 any loan or debt, unless such law be proposed in the 
 Senate or House of Representatives, and be agreed 
 to by a majority of the members of each House, and 
 entered on their journals with the yeas and nays 
 taken theron, and be referred to the next succeeding 
 Legislature, and published for three months previous 
 to the next regular election, in three newspapers of 
 the State ; and unless a majority of each branch of 
 the Legislature, so elected, after such publication, 
 shall agree to, and pass such law ; and in such case 
 the yeas and nays shall be taken, and entered on the 
 journals of each House ; Provided, That nothing in 
 this section shall be so construed as to prevent the 
 Legislature from negotiating a further loan of one 
 and a half million of dollars, and vesting the same in 
 stock reserved to the State by the charter of the 
 Planters' Bank of the State of Mississippi. Miss., 343. 
 — The State shall never contract any debt for works 
 of internal improvement, or be a party in carrying 
 on such works; but whenever grants of lands or 
 other property shall have been made to the State, 
 especially dedicated by the grant to particular works 
 of internal improvement, the State may carry on 
 such particular works, and shall devote thereto the 
 avails of such grants, and may pledge or appropriate 
 the revenues derived from such works in aid of their 
 completion. Neb., 376; Wis., 568. 
 — The Legislature shall not authorize the borrowing 
 of money or the issuance of State bonds for any sum 
 exceeding in the aggregate fifty thousand dollars, 
 without submitting a proposition therefor to a vote 
 of the people for their approval or rejection, except 
 in case of war, to repel invasion, or suppress insur- 
 rection. Neb., 373. 
 
 — For the purpose of enabling the State to transact 
 its business upon a cash basis from its organization, 
 the State may contract public debts; but such debts 
 shall never, in the aggregate, exclusive of interest, 
 exceed the sum of three hundred thousand dollars, 
 except for the purpose of defraying extraordinary 
 expenses as hereinafter mentioned. Every such debt 
 shall be authorized by law for the purpose or pur- 
 poses, to be distinctly specified therein; and every 
 such law shall provide for levying an annual tax 
 sufficient to pay the interest semi-annually, and the 
 principal within twenty years from the passage of 
 such law, and shall specially appropriate the proceeds 
 of said taxes to the payment of said principal and 
 interest; and such appropriation shall not be repealed, 
 nor the taxes postponed or diminished until the 
 principal and interest of said debts shall have been 
 wholly paid. Every contract of indebtedness entered 
 into or assumed by or on behalf of the State, when 
 all its debts or liabilities amount to said sum before 
 mentioned, shall be void and of no effect, except in 
 cases of money borrowed to repel invasion or sup- 
 press insurrection, defend the State in time of war, 
 or, if hostilities be threatened, to provide for public 
 defense. Nev., 389. 
 
 For the first three years after the adoption of this 
 
 42 
 
 Constitution, the Legislature shall not levy a tax for 
 State purposes exceeding one per cent per annum, 
 on the taxable property in the State ; Provided, The 
 Legislature may levy a special tax, not exceeding 
 one-fourth of one per cent per annum, which shall be 
 appropriated to the payment of the indebtedness of 
 the Territory of Nevada, assumed by the State of 
 Nevada, and for that purpose only, until all of said 
 indebtedness is paid. Nev., 395. 
 — The Legislature shall not, in any matter, create 
 any debt or debts, liability or liabilities, of the State, 
 which shall singly or in the aggregate, with any pre- 
 vious debts or liabilities, at any time exceed one 
 hundred thousand dollars, except for purposes of 
 war, or to repel invasion, or to suppress insurrection, 
 unless the same shall be authorized by a law for some 
 single object or work, to be distinctly specified 
 therein ; which law shall provide the ways and means, 
 exclusive of loans, to pay the interest of each debt or 
 liability as it falls due, and also to pay and discharge 
 the principal of such debt or liability within thirty- 
 five years from the time of the contracting thereof, 
 and shall be irrepealable until such debt or liability, 
 and the interest thereon, are fully paid and dis- 
 charged ; and no such law shall take effect until it 
 shall, at a general election, have been submitted to 
 the people, and have received the sanction of a ma- 
 jority of all the votes cast for and against it at such 
 election ; and all money to be raised by the authority 
 of such law shall be applied only to the specific object 
 stated therein, and to the payment of the debt thereby 
 created. This section shall not be construed to refer 
 to any money that has been or may be deposited 
 with this State by the government of the United 
 States. N. J., 415. 
 
 — The State may contract debts to supply casual 
 deficits or failures in revenues, or to meet expenses 
 not otherwise provided for ; but the aggregate amount 
 of such debts, direct and contingent, whether con- 
 tracted by virtue of one or more acts of the General 
 Assembly, or at different periods of time, shall never 
 exceed seven hundred and fifty thousand dollars; 
 and the money arising from the creation of such 
 debts shall be applied to the purposes for which it 
 was obtained, or to repay the debts so contracted, and 
 to no other purpose v^^hatever. Ohio, 439; Pa., 471. 
 — In addition to the above limited power, the State 
 may contract debts to repel invasion, suppress insur- 
 rection, defend the State in war or to redeem the 
 present outstanding indebtedness of the State; but 
 the money arising from the contracting of such 
 debts, shall be applied to the purpose for which it 
 was raised, or to repay such debts, and to no other 
 purpose whatever ; and all debts incurred to redeem 
 the present outstanding indebtedness of the State 
 shall be so contracted as to be payable by the sinking 
 fund, hereinafter provided for, as the same shall accu- 
 mulate. Ohio, 439. 
 
 — Except the debts above specified, no debt whatever 
 shall hereafter be created by or on behalf of the 
 State. Ohio, 439. 
 
 — The faith of the State being pledged for the pay- 
 ment of its public debt, in order to provide therefor, 
 there shall be created a sinking fund, which shall be 
 sufficient to pay the accruing interest on such debt, 
 and annually to reduce the principal thereof, by a 
 sum not less than one hundred thousand dollars, 
 increased yearly, and each and every year, by com- 
 pounding, at the rate of six per cent, per annum. 
 The said sinking fund shall consist of the net annual 
 income of the public works and stocks owned by the 
 State, of any other funds or resources that are, or 
 may be, provided by law, and of such further sum, to 
 be raised by taxation, as may be required for the 
 purposes aforesaid. Ohio, 439. 
 — The Legislative Assembly shall not, in any manner, 
 create any debt or liabilities, which shall singly, or in 
 the aggregate, with previous debts or liabilities, ex- 
 ceed the sum of fifty thousand dollars, except in case 
 of war, or to repel invasion, or suppress insurrection; 
 and every contract of indebtedness entered into, or 
 assumed by or on behalf of the State, when all its 
 
166 
 
 1 S 12. Except the debts specified in the tenth and eleventh sections of this 
 
 2 article, no debt shall be hereafter contracted by or on behalf of this State, 
 
 3 unless such debt shall be authorized by a law, for some single work or object, 
 
 4 to be distinctly specified therein ; and such law shall impose and provide for 
 
 5 the collection of a direct annual tax to pay, and suflicient to pay the interest 
 
 6 on such debt as it falls due, and also to pay and discharge the principal of 
 
 7 such debt within eighteen years from the time of the contracting thereof. 
 
 8 N'o such law shall take effect until it shall at a general election have been 
 
 liabilities and debts amount to said sum, shall be void, 
 and of no effect. Or., 457. 
 
 — The G-eneral Assembly shall have no power, here- 
 after, without the express consent of the people, to 
 incur State debts to an amount exceeding fifty 
 thousand dollars, except in time of war, or in case of 
 insurrection or invasion ; nor shall they, in any case, 
 without such consent, pledge the faith of the State 
 for the payment of the obligations of others. This 
 section shall not be construed to refer to any money 
 that may be deposited with this State by the Govern- 
 ment of the United States. R. I., 476. 
 — The Legislative Assembly shall provide for raising 
 revenue sufficient to defray the expenses of the State 
 for each fiscal year, and also a sufficient sum to pay 
 the interest on the State debt, if there be any. Or., 
 456. 
 
 — Except the debts above specified in sections one 
 and two of this article, no debt whatever shall be 
 created by or on behalf of the State. Pa., 471. 
 — To provide for the payment of the present debt, 
 and any additional debt contracted as aforesaid, the 
 Legislature shall, at its first session after the adoption 
 of this amendment, create a sinking fand which shall 
 be sufficient to pay the accruing interest on such 
 debt, and annually to reduce the principal thereof by 
 a sum not less than two hundred and fifty thousand 
 dollars, which sinking fund shall consist of the net 
 annual income of the public works, from time to time 
 owned by the State, or the proceeds of the sale of 
 the same or any part thereof, and of the incomo or 
 proceeds of sale of stocks owned by the Slate, 
 together with other funds or resources tliat may be 
 designated by law. The said sinking fund may be 
 increased from time to time by assigning to it any 
 part of the taxes or other revenues of the Stale not 
 required for the ordinary and current expenses of 
 government, and unless in case of war, invasion or 
 insurrection, no part of the said sinking fund shall be 
 used or applied otherwise than in extinguishment of 
 the public debt, until the amount of such debt is reduced 
 below the sum of five millions of dollars. Pa., 471. 
 — The aggregate amount of debts hereafter contracted 
 by the Legislature, shall never exceed the sum of one 
 hundred thousand dollars, except in case of wnr, to 
 repel invasion, or suppress insurrections. And in no 
 case shall any amount be borrowed, except by a vote 
 of two-thirds of both Houses of the Legislature. 
 Tex 517. 
 
 — No debt shall be contracted by this State except to 
 meet casual deficits in the revenue, to redeem a pre- 
 vious liability of the State or to suppress insurrection, 
 repel invasion or defend the State in time of war. 
 If the State become a stockholder in any association 
 or corporation for purposes of internal improvements, 
 such stock shall be paid for at the time of subscrip- 
 tion, or a tax shall be levied for the ensuing year 
 sufficient to pay the subscription in full. Va., 538. 
 — The liability to the State of any incorporated com- 
 pany or institution to redeem the principal and pay 
 the interest of any loan heretofore made or which 
 may hereafter be made by the State to such com- 
 
 pany or institution, shall not be released ; and the 
 General Assembly shall not pledge the faith of the 
 State, or bind it in any form for the debt and obliga- 
 tion of any company or corporation. Va., 538. 
 — The General Assembly may at any time diiect the 
 sale of the stocks held by the Commonwealth in 
 internal improvements and other companies located 
 within the limits of this Commonwealth, but the pro- 
 ceeds of such sale, if made before the payment of the 
 public debt, shall be appropriated to the payment 
 thereof Va., 538. 
 
 — The Legislature may at any time direct a sale of 
 the stocks owned by the State in banks and other 
 corporations, but the proceeds of such sale shall be 
 applied to the liquidation of the public debt. W. Va.., 
 656. 
 
 — No debt shall be contracted by this State, except 
 to meet casual deficits in the revenue, to redeem a 
 previous liability of the State, to suppress insurrec- 
 tion, repel invasion, or defend the State in time of 
 war! W. Va., 556.' 
 
 — The State shall never contract any public debt, except 
 in the cases and manner herein provided. Wis., 568. 
 — No liability, either State, parochial or municipal, 
 shall exist for any debts contracted for, or in the 
 interest of the rebellion against the United States 
 government. La., 235. 
 
 — The Legislature shall not provide for the payment 
 of any bonds now held by lebels in arms against the 
 State or United States government. Va., 538. 
 — It shall not provide for the payment of any debt or 
 obligation created in the name of the State of Vir- 
 ginia by the usurped and pretended State authorities 
 at Richmond. And it shall. not allow any county, 
 city or corporation, to levy or collect any tax for the 
 payment of any debt created for the purpose of aid- 
 ing any rebellion against the State or the United 
 States. Va., 538. 
 
 TAXATION BY COUNTIES, CITIES, VILLAGES 
 AND TOWNS— RESTRICTIONS UPON 
 THEIR CREDIT. 
 
 — It shall be the duty of the Legislature, and they 
 are hereby empowered to provide for the organiza- 
 tion of cities and incorporated villages, and to restiict 
 their power of taxation, assessment, borrowing 
 money, contracting debts, and loaning their credit, 
 so as to pievent abuses in assessments and taxation, 
 and in contracting debts by such municipal corpora- 
 tions. Wis., 570. 
 
 —The General Assembly shall provide for the organ- 
 ization of cities, incorporated villages, by general 
 laws; and restrict their power of taxation, assess- 
 ment, borrowing money, contracting debts, and loan- 
 ing their credit, so as to prevent the abuse of such 
 power. Ohio, 443. 
 
 — Acts of the Legislative Assembly, incorporating 
 towns and cities, shall restrict their powers of taxa- 
 tion, borrowing money, contracting debts, and loan- 
 ing their credit. Or,, 457. 
 
ler 
 
 9 submitted to the people, and have received a majority of all the votes cast for 
 
 10 and against it, at such election. On the final passage of such bill in either 
 
 11 house of the Legislature, the question shall be taken by ayes and noes, to be 
 
 12 duly entered on the journals thereof, and shall be, " Shall this bill pass, and 
 
 13 ought the same to receive the sanction of the people ?" The Legislature may 
 
 14 at any time • after the approval of such law by the people, if no debt shall 
 
 15 have been contracted in pursuance thereof, repeal the same ; and may at any 
 
 16 time, by law, forbid the contracting of any further debt or liability under 
 
 17 such law ; but the tax imposed by such act, in i^roportion to the debt and 
 'iS liability which may have been contracted, in pursuance of such law, shall 
 
 19 lemain in force and be irrepealable, and be annually collected, until the 
 
 20 proceeds thereof shall have made the provision hereinbefore specified to pay 
 
 21 and discharge the interest and principal of such debt and liability. The 
 
 22 money arising from any loan or stock creating such debt or liability shall be 
 
 23 applied to the work or object specified in the act authorizing such debt or 
 
 — The General Assembly shall have power to author- 
 ize the several counties and incorporated towns in 
 this State, to impose taxes for county and corpora- 
 tion purposes respectively, in such manner as shall 
 be prescribed by law ; and all property shall be taxed 
 according to its value, upon the principles established 
 in regard to State taxation. Tenn., 494; (nearly 
 similar), Fl., 137. 
 
 — The commissioners of counties, the trustees of 
 townships, and similar boards, shall have such power 
 of local taxation, for police purposes, as may be pre- 
 scribed by law. Ohio, 440. 
 
 — The corporate authorities of counties, townships, 
 school-districts, cities, towns and villages, may be 
 vested with power to assess and collect taxes for cor- 
 porate pui-poses ; such taxes to be uniform in respect 
 to persons and property within the jurisdiction 
 of the body imposing the same. A.nd the General 
 Assembly shall requjre that all the property within 
 the limits of municipal corporations belonging to 
 individuals shall be taxed for the payment of debts 
 contracted under authority of law. III., 164. 
 — The Legislature shall provide for the organization of 
 cities and incorporated villages by general laws; and 
 restrict their power of taxation, assessment, borrowing 
 money, contracting debts and loaning their credit, so 
 as to prevent the abuse of such power. iVeJ., 377. 
 — The Legislature shall provide for the incorporation 
 and organization of cities and villages, and shall 
 restrict their powers of taxation, borrowing money, 
 contracting debts and loaning their credit. Mich., 313. 
 — It shall be the duty of the Legislature to provide 
 for the organization of cities and incorporated villages, 
 and to restrict their povrer of taxation, assessment, 
 boiTOwing money, contracting debts and loaning 
 their credit, so as to prevent abuses in assessments 
 and in contracting debts by such municipal corpora- 
 tions. Cal., 100. 
 
 — No county shall subscribe for stock in any incor- 
 porated company, unless the same be paid for at the 
 time of such subscription ; nor shall any county loan 
 its credit to any incorporated company, nor borrow 
 money for the purpose of taking stock in any such 
 company. Ind., 179. 
 
 — The General Assembly shall never authorize any 
 county, city, town, or township, by vote of its citi- 
 zens or otherwise, to become a stockholder in any 
 joint stock company, corporation or association what- 
 ever ; or to raise money for or to loan its credit in 
 aid of any such company, corporation, or associa- 
 tion. Ohio, 439. 
 
 —No law shall be passed by which a citizen shall be 
 compelled, directly or indirectly, to become a stock- 
 holder in, or contribute to a railroad, or other work 
 of internal improvement, without his consent, except 
 the inhabitants of a corporate town or city. This 
 provision shall not be construed to deny the power 
 of taxation for the purpose of making levees or dams 
 to prevent the overflow of rivers. 6a., 146. 
 — No county, city, town, or other municipal corpora- 
 tion, shall become a stockholder in any joint-stock 
 company, corporation or association whatever, or 
 loan its credit in aid of any such company, corpora- 
 tion, or association, except railroad corporations, 
 companies or associations. Nev., 389. 
 — No political or municipal corporation shall become 
 a stockholder in any banking corporation, directly or 
 indirectly. Iowa, 191. 
 
 — The General Assembly shall not authorize any 
 county, city or town to become a stockholder in, or 
 to loan its credit to any company, association or cor- 
 poration, unless two-thirds of the qualified voters of 
 such county, city or town, at a regular or special 
 election to be held therein, shall assent thereto. Mo., 
 362. 
 
 — The Legislature shall not authorize any county, 
 city, borough, township, or corporate district, by 
 virtue of a vote of its citizens, or otherwise, to become 
 a stockholder in any company, association, or corpo- 
 ration ; or to obtain money for, or loan its credit to, 
 any corporation, association, institution or party. 
 Pa., 471. 
 
 — No county, city, town or other municipal corpora- 
 tion, by vote of its citizens or otherwise, shall become 
 a stockholder in any joint stock company, corporation 
 or association whatever, or raise money for or loan 
 its credit to, or in aid of any such company, corpora- 
 tion or association. (>., 457. 
 
168 
 
 24 liability, or for the repayment of such debt or liability, and for no other 
 
 25 purpose whatever. No such law shall be submitted to be voted on within 
 
 26 three months after its passage, or at any general election when any other law, 
 
 27 or any bill, or any amendment to the Constitution, shall be submitted to be 
 
 28 voted for or against. 
 
 1 S 13. Every law which imposes, continues or revives a tax, shall distinctly 
 
 2 state the tax and the object to which it is to be applied ; and it shall not be 
 
 3 sufficient to refer to any other law to fix such tax or object. 
 
 1 S 14. On the final passage, in either House of the Legislature, of every act 
 
 2 which imposes, continues or revives a tax or creates a debt or charge, «r 
 
 3 makes, continues or revives any appropriation of public or trust money, or 
 
 4 property ; or releases, discharges or commutes any claim or demand of the 
 
 5 State, the question shall be taken by ayes and noes, which shall be duly 
 
 6 entered on the journals, and three-fifths of all the members elected to either 
 
 7 House shall, in all such cases, be necessary to constitute a quorum therein. 
 
 — Provision shall be made by general law for the 
 organization of cities, towns and villages ; and their 
 power of taxation, assessment, borrowing money, 
 contracting debts, and loaning their credit, shall be so 
 restricted as to prevent the abuse of such power. 
 Kan., 205. 
 
 — No county or other political or municipal corporar 
 tion shall be allowed to become indebted in any man- 
 ner, or for any purpose, to an amount in the aggre- 
 gate exceeding five per centum on the value of the 
 taxable property within such county or corporation, 
 to be ascertained by the last State and county tax 
 lists, previous to the incurring of such indebtedness* 
 Iowa, 199. 
 
 No money shall be drawn from any county or town- 
 ship treasury, except by authority of law. Min., 328. 
 — Any county and township organization shall have 
 such powers of local taxation as may be prescribed 
 by law. Min., 328. 
 
 ^The Legislature may provide for the organization 
 of cities and towns by general laws; and restrict the 
 power of taxation, assessment, borrowing money, 
 contracting debts, and loaning their credit, except for 
 procuring supplies of water. Nm., 389. 
 — The Board of Supervisors of any county may bor- 
 row or raise by tax one thousand dollars, for con- 
 structing or repairing public buildings, highways, or 
 bridges; but no greater sum shall be borrowed or 
 raised by tax for such purpose in any one year, unless 
 authorized by a majority of the electors of such 
 county voting thereon. Mich., 309. 
 
 CAPITATION TAXES. 
 
 — No capitation or other direct tax shall be laid, 
 unless in proportion to the census. U. S., 13. 
 — The Legislature may provide by law for the pay- 
 ment of an annual poll-tax of not less than two nor 
 exceeding four dollars from each male person resident 
 in the State between the age of twenty-one and 
 sixty years, uncivilized American Indians excepted, 
 one-half to be applied for State and one-half for 
 county purposes; and the Legislature may, in its dis- 
 cretion, make such payment a condition to the right 
 of voting. Nev., 381. 
 
 — All free males over the age of twenty-one years, 
 and under the age of forty-five years, and all slaves 
 over the age of twelve years, and under the age of 
 fifty years, shall be subject to capitation tax, and no 
 other person shall be subject to such tax : Provided,, 
 That nothing herein contained shall prevent exemp- 
 tions of taxable polls, as heretofore prescribed by law, 
 in cases of bodily infirmity. N. C, 430. 
 — The levying of taxes, by the poll, is grievous and 
 oppressive; therefore the General Assembly shall 
 never levy a poll-tax, for county or State purposes. 
 Ohio, 442. 
 
 — Poll-tax of |1.00 to be levied for benefit of schools. 
 E. I., 475. 
 
 — The General Assembly, whenever a tax is laid 
 upon land, shall, at the same time, impose a capita- 
 tion tax, which shall not be less upon each poll than 
 one-fourth of the tax laid on each hundred dollars' 
 worth of the assessed value of the land taxed ; 
 excepting, however, from the operation of such capi- 
 tation tax all such classes of persons, as from disa- 
 bility or otherwise, ought, in the judgment of the 
 General Assembly, to be exempted. S. C, 488. 
 — A capitation tax, equal to the tax assessed on land 
 of the value of two hundred dollars, shall be levied 
 on every white male inhabitant who has attained the 
 age of twenty-one years ; and one equal moiety of 
 the <&pitation tax upon white persons shall be 
 applied to the purposes of education in primary and 
 free schools ; but nothing herein contained shall pre- 
 vent exemptions of taxable polls in cases of bodily 
 infirmity. Va., 538. 
 
 — A capitation tax of one dollar, shall be levied upon 
 each white male inhabitant who has attained the 
 age of twenty-one years. W. Va., 556. 
 — The assessors of each town or city shall annually 
 assess upon every person whose name shall be regis- 
 tered, a tax of one dollar, or such sum as with his 
 other taxes shall amount to one dollar, which registry 
 tax shall be paid into the treasury of such town or 
 city and be applied to the support of public schools 
 therein. H. I., 475. 
 
 — A tax on white polls shall be laid in such manner 
 and of such an amount as may be prescribed by law 
 Tenn., 494. 
 
169 
 
 AETIOLB VTIL 
 
 1 Section 1. Corporations may be formed under general laws ; but shall not 
 
 2 be created by special act, except for municipal purposes, and in cases where, 
 
 3 in the judgment of the Legislature, the objects of the corporation cannot be 
 
 4 attained under general laws. All general laws and special acts passed pursu- 
 
 5 ant to this section, may be altered from time to time, or repealed. 
 
 FORMATION OF CORPORATIONS. 
 
 — Corporations may be formed under general laws, 
 but shall not be created by special act, except for 
 municipal purposes. All general laws and special 
 acts passed pursuant to this section may be altered 
 from time to time, or repealed. Cal., 99; Mich., 
 312; Mo., 360; Or., 457. 
 
 — No act of incorporation, except for the renewal of 
 existing corporations, shall be hereafter enacted 
 without the concurrence of two-thirds of each branch 
 of the Legislature, and with a reserved power of 
 revocation by the Legislature ; and no act of incorpo- 
 ration whioli may be hereafter enacted shall continue 
 in force for a longer period than twenty years, with- 
 out the re-enactment of the Legislature, unless it be 
 an incorporatiorTfor public improvement. Del., 119. 
 — The General Assembly shall pass no act of incor- 
 poration, nor make any alteration in one, unless with 
 the assent of at least two-thirds of each House, and 
 unless public notice in one or more newspapers in 
 the State shall have been given for at least three 
 months immediately preceding the session at which 
 the same may be applied for. Fl, 159. 
 — No act incorporating any railroad, banking, insur- 
 ance, commercial or financial corporation shall be 
 introduced into the General Assembly, unless the per- 
 son or persona applying for such corporation shall 
 liave deposited with the Treasurer the sum of one 
 hundred dollars as a bonus to the State. Fl, 133. 
 — The General Assembly shall pass no act of incor- 
 poration, nor make any alteration in one, unless with 
 the assent of at least two-thirds of each House, and 
 unless public notice in one or more newspapers in the 
 State shall have been given for at least three months 
 immediately preceding the session at which the same 
 may be applied for. Fl., 138. 
 
 —The General Assembly shall have no power to 
 grant corporate powers and privileges to private com- 
 panies, except to banking, insurance, railroad, canal, 
 plank-road, navigation, mining, express, lumber, 
 manufacturing, and telegraph companies ; nor to make 
 or change election precincts ; nor to establish bridges 
 and ferries ; nor to change names, or legitimate child- 
 ren ; but shall by law prescribe the manner in which 
 such power shall be exercised by the courts. But no 
 bank charter shall be granted or extended, and no 
 act passed authorizing the suspension of specie pay- 
 ment by any chartered bank, except by a vote of two- 
 thirds of each branch of the General Assembly. Oa., 
 146. 
 
 — Corporations not possessing banking powers or 
 privileges, may be formed under general laws, but 
 shall not be created by special acts, except for muni- 
 cipal purposes, and in cases where, in the judgment 
 of the General Assembly, the objects of the corpora- 
 tion cannot be attained under general laws. Ill, 164. 
 — Corporations other than banking, shall not be 
 created by special act, but may be formed under gen- 
 eral law. Ind., 179. 
 
 Subject to the provisions of this article, the General 
 
 Assembly shall have power to amend or repeal all 
 Jaws for the organization or creation of corporations, 
 or granting of special or exclusive privileges or immu- 
 nities by a vote of two-thirds of each branch of the 
 General Assembly ; and no exclusive privilege, except 
 
 as in this article provided, shall ever be granted. 
 Iowa, 191. 
 
 — No corporation shall be created by special laws, 
 but the General Assembly shall provide by general 
 laws, for the organization of all corporations hereafter 
 to be created, except as hereinafter provided. Iowa, 
 191. 
 
 — The Legislature shall pass no special act conferring 
 corporate powers. Corporations may be created 
 under general laws, but all such laws may be 
 amended or repealed. Kan., 205 ; Nev,, 388. 
 — The General Assembly shall pass a general law for 
 the incorporation of towns, religious, literary, scien- 
 tific, benevolent, military and other associations, not 
 commercial, industrial, or financial ; but no special 
 act incorporating any such association shall be passed. 
 Fl, 133. 
 
 — The title to all property of religious corporations 
 shall vest in trustees, whose election shall be by the 
 members of such corporations. Kan., 205. 
 — Corporations shall not be created in this State by 
 special laws except for political or municipal pur- 
 poses ; but the Legislature shall provide by general 
 law for the organization of all other corporations, 
 except corporations with banking or discounting 
 privileges, the creation, renewal or extension of 
 which is hereby prohibited. La., 234. 
 — Corporations may be formed under general laws, 
 but shall not be created by special act, except for 
 municipal purposes, and in cases where, in the judg- 
 ment of the General Assembly, the object of the cor- 
 poration cannot be attained under general laws. All 
 laws and special acts, pursuant to this section, may 
 be altered from time to time, or repealed : Provided, 
 Nothing herein contained shall be construed to alter, 
 change or amend in any manner, the section in rela- 
 tion to banks. Md., 265. 
 
 — The Legislature shall pass no law altering or 
 amending any act of incorporation heretofore granted 
 without the assent of two-thirds of the members 
 elected to each House, nor shall any such act be 
 renewed or extended. This restriction shall not 
 apply to municipal corporations. Mich., 312. 
 — No corporation shall hold any real estate hereafter 
 acquired for a longer period than ten years, except 
 such real estate as shall be actually occupied by such 
 corporation in the exercise of its franchises. Mich., 
 313. 
 
 — Previous notice of any application for an alteration 
 of the charter of any corporation shall be given in 
 such manner as may be prescribed by law. Mich., 313. 
 — No corporation shall be formed under special acts, 
 except for municipal purposes. Min., 328. 
 — No law shall be passed reviving or re-enacting any 
 act heretofore passed creating any private corpora- 
 tion, where such corporation shall not have been 
 organized and commenced the transaction of its busi- 
 ness within one year from the time such act took 
 effect, or within such other time as may have been 
 prescribed in such act for such organization and com 
 mencement of business. Mo., 360. 
 — The Legislature shall pass no special act conferring 
 corporate powers. Neb., 376 ; Ohio, 443. 
 — Corporations may be formed under general laws. 
 Mb., 376. 
 — Corporations created by or under the laws of the 
 
 43 
 
170 
 
 1 g 2. Dues from corporations shall be secured by such individual liability 
 
 2 of the corporators and other means as may be prescribed by law. 
 
 1 S3, The term corporation, as used in this article, shall be construed to 
 
 2 include all associations and joint-stock companies having any of the powers 
 
 3 and privileges of corporations not possessed by individuals or partnerships. 
 
 4 And all corporations shall have the right to sue and shall be subject to be sued 
 
 5 in all courts in like cases as natural persons. 
 
 Territory of Nevada shall be subject to the provisions 
 of such laws until the Legislature shall pass laws 
 regulating the same, in pursuance of the provisions 
 of this Constitution. Nev., 388. 
 T— Corporations may be formed under general laws ; 
 but all such laws may, from time to time, be altered 
 or repealed. Ohio, 443. 
 
 — The Legislature shall have the power to alter, 
 revoke or annul any charter of incorporation here- 
 after conferred by or under any special or general 
 law, -whenever in their opinion it may be injurious to 
 the citizens of the Commonwealth; in such manner, 
 however, that po injustice shall be done to the cor- 
 porators. Pa. 472. 
 
 — Hereafter, when any bill shall be presented to either 
 House of the General Assembly, to create a corpora- 
 tion, for any other than religious, literary or charita- 
 ble purposes, or for military or fire company, it shall 
 be continued until another election of members of 
 the General Assembly shall have taken place, and 
 such public notice of the pendency thereof shall be 
 given as may be required by law. R. I., 476. 
 — No private corporation shall be created, unless the 
 bill creating it shall be- passed by two-thirds of both 
 Houses of the Legislature ; and two-thirds of the 
 Legislature shall have power to revoke and repeal all 
 private corporations by making compensation for the 
 franchise. And the State shall not be part owner of 
 the stock, or property, belonging to any corporation. 
 Tex., 516. 
 
 — The Legislature shall pass general laws whereby 
 any number of persons associated for mining, manu- 
 facturing, insuring, or other purpose useful to the 
 public, excepting banks of circulation and the con- 
 struction of works of internal improvement, may 
 t)ecome a corporation on complying with the terms 
 and conditions thereby prescribed; and no special 
 ^ct incorporating, or granting peculiar privileges to 
 any joint stock company or association, not having 
 in view the issuing of bills to circulate as money or 
 the construction of some work of internal improve- 
 ment, shall be pas.sed. No company or association, 
 authorized by this section, shall issue bills to circulate 
 as money. No charter of incorporation shall be 
 granted under such general laws, unless the right be 
 reserved to alter or amend such charter, at the plea- 
 sure of the Lesfislature, to be declared by general 
 law. W. Va., 558. 
 
 — Corporations without banking powers or privileges 
 may be formed under general laws, but shall not be 
 created by special act, except for municipal purposes, 
 and in cases where, in the judgment of the Legisla- 
 ture, the objects of the corporation cannot be attained 
 under general laws. All general laws or special acts 
 enacted under the provisions of this section may be 
 altered or repealed by the Legislature at any time 
 after their passage. Wis., 569. 
 
 — No corporation, except for municipal purposes, or 
 for the construction of railroads, plank-roads, and 
 canals, shall be created for a longer time than thirty 
 years. Mich., 313. 
 
 DEFINITION OF TERM CORPORATION. 
 
 — The term corporations as used in this article shall 
 be construed to include all associations and joint- 
 stock companies having any of the powers or privil- 
 eges of corporations not possessed by individuals or 
 partnerships. And all corporations shall have the 
 right to sue, and shall be subject to be sued in all 
 courts in like cases as natural persons. Cal., 99; 
 Kan., 205 ; Mich., 313 ; Min., 323. 
 
 PRIVATE PROPERTY TAKEN BY CORPORA- 
 TIONS. 
 
 — The property of no person shall be taken by any 
 corporation for public use without compensation 
 being first made or secured, in such manner as may 
 be prescribed by law. Mich., 313. 
 — No municipal corporation shall take private prop- 
 erty for public use against the consent of the owner, 
 without the necessity thereof being first established 
 by the verdict of a jury. Wis., 570. 
 — Individuals or private corporations shall not be 
 authorized to take private property for public use, 
 without just compensation first made to the owners. 
 N. J., 415. 
 
 — No right of way shall be appropriated to the use 
 of any corporation until full compensation be first 
 made or secured therefor. Neo., 389. 
 — The Legislature shall not invest any corporate 
 body or individual with the privilege of taking pri- 
 vate property for public use, without requiring such 
 corporation or individual to make compensation to 
 the owners of said property, or give adequate secu- 
 rity therefor, before »uch property shall be taken. 
 Pa., 466. 
 
 — No right of way shall be appropriated to the use 
 of any corporation until full compensation therefor 
 be first made in money, or secured by a deposit of 
 money, to the owner, irrespective of any benefit 
 from any improvement proposed by such corporation. 
 Kan., 205. 
 
 BANKS. 
 
 — Not more than one bank shall be established, nor 
 more than one bank charter be renewed at any one 
 session of the General Assembly ; nor shall any bank 
 be established, nor any bank charter be renewed, 
 without the concurrence of two-thirds of each House 
 of the General Assembly, and in conformity with the 
 following rules — that is to say: 
 
 Rule 2. The remedy for the collection of debts 
 shall be reciprocal for and against the bank. 
 
 Rule 3. No bank shall commence operations until 
 one-half of the capital stock subscribed for be actually 
 paid in gold and silver ; which amount shall, in no 
 case, be less than one hundred thousand dollars. 
 
 Rule 4. If any bank shall neglect or refuse to pay, on 
 demand, any bill, note, or obligation issued by the cor- 
 poration, according to the promise therein expressed, 
 
171 
 
 1 S 4. The Legislature shall have no power to pass any act granting any 
 
 2 special charter for banking purposes ; but corporations or associations may be 
 
 3 formed for such purposes under general laws. 
 
 1 ^5. The Legislature shall have no power to pass any law sanctioning iu 
 
 2 any manner, directly or indirectly, the suspension of specie payments, by any 
 
 3 person, association or corporation issuing bank notes of any description. 
 
 1 S 6. The Legislature shall provide by law for the registry of all bills or 
 
 2 notes issued or put in circulation as money, and shall require ample security 
 
 3 for the redemption of the same in specie. 
 
 the holder of such bill, note, or obligation shall be 
 entitled to receive and recover interest thereon until 
 paid, or until specie payments are resumed by the 
 bank, at the rate of twelve per centum per annum 
 from the date of such demand ; unless the General 
 Assembly shall, by a vote of two-thirds of each 
 House thereof, sanction such suspension of specie 
 payments. Ala., 77. 
 
 EuLE 5. Whenever any bank suspends specie pay- 
 ments, its charter is thereby forfeited ; unless such 
 suspension shall be sanctioned and legalized, at the 
 next session of the General Assembly, by a vote of 
 two-thirds of each House thereof. Ala., 77. 
 — The Legislature shall have no power to pass any 
 act granting any charter for banking purposes ; but 
 associations may be formed under general laws for 
 the deposit of gold and silver, but no such association 
 shall make, issue, or put in circulation, any bill, check, 
 ticket, certificate, promissory note, or other paper, or 
 the paper of any bank, to circulate as money. Cal., 99. 
 — The Legislature of this State shall prohibit by law, 
 any person or persons, association, company, or cor- 
 poration, from exercising the privilege of banking, 
 or creating paper to circulate as money. Cal., 99. 
 — No bank charter, nor any act of incorporation 
 granting exclusive privileges, shall be granted for a 
 longer period than twenty years. Fl, 139. 
 — Banks chartered by the General Assembly shall be 
 restricted to the business of exchange, discount and 
 deposit, and they shall not deal in real estate, nor in 
 merchandise or chattels, except as security for loans 
 or discounts, or for debts due to such bank; nor shall 
 they be concerned in insurance, manufacturing, 
 exportation, or importation, except of bullion, of 
 specie; nor shall they own real estate or chattels, 
 except such as shall be necessary for their actual use 
 in the transaction of business, or which may be 
 received in payment of previously contracted debts, 
 or purchased at legal sales to satisfy such debts, of 
 which they shall be required to make sale within 
 thr.ee years after the acquisition thereof. FL 139. 
 — The capital stock of any bank shall not be less 
 than one hundred thousand dollars, to be paid in 
 suitable installments, anJ shall be created only by the 
 payment of specie therein. Fl, 139. 
 
 AH ]iabili:ies of such banks shall be payable in 
 
 specie, and the circulation of no bank shall exceed 
 three dollars for one of capital actually paid in. Fl., 
 
 139. 
 
 No dividends or profits exceeding ten per centum 
 
 per annum on the capital stook paid in shall be made, 
 but all profits over ten per centum per annum shall 
 be set apart and retained as a safety fund. Fl, 139. 
 
 Stockholders in a bank when an act of forfeiture 
 
 is committed, or when it is dissolved or has expired, 
 shall be individually and severally liable for the 
 redemption of the outstanding circulation, in propor- 
 tion to the stock owned by each, and no transfer of 
 s'-ock shall exonerate such stockholders from this lia- 
 
 bility, unless such transfer was made at least two 
 years previous to said forfeiture, dissolution or expi- 
 ration. Fl, 139. 
 
 — Banks shall be open to inspection under such reg- 
 ulations as may be prescribed by law, and it shall be 
 the duty of the Governor to appoint a person or 
 persons not connected in any manner with any bank 
 in the State, to examine at least once a year into 
 their state and condition; and the officers of every 
 bank shall make quarterly returns under oath, to 
 the Governor, of its state and condition, and the 
 names of the stockholders and shares held by each. 
 Fl, 139. 
 
 — Non user for the space of one year, or any act of 
 a corporation, or those having the control or manage- 
 ment thereof, or intrusted therewith, inconsistent 
 with, or in violation of the provisions of this Consti- 
 tution, or' of its charter, shall cause its forfeiture, and 
 the General Assembly shall by general law provide 
 a summary process for the sequestration of its efleots 
 and assets, and the appointment of officers to settle 
 its affairs, and no forfeited charter shall be restored. 
 Fl, 139. 
 
 — ^No State bank shall hereafter be created, nor shall 
 the State own or be liable for any stock in any cor- 
 poration or joint stock association for banking pur- 
 poses, to be hereafter created. Ill, 164. 
 — No act of the General Assembly, authorieing cor- 
 porations or associations with banking powers, shall 
 go into effect, or in any manner be in force, unless 
 the same shall be submitted to the people at the gen- 
 eral election next succeeding the passage of the same 
 and be approved by a majority of all the votes cast 
 at such election, for and against such law. Ill, 164. 
 ■ — Nor to revive or extend the charter of the State 
 Bank, or the charter of any other bank heretofore 
 existing in this State, and shall pass laws to prohibit 
 the sale of lottery tickets in this State. Ill, 154. 
 — The General Assembly shall not have power to 
 establish or incorporate any bank or banking com- 
 pany, or moneyed institution, for the purpose of issu- 
 ing bills of credit, or bills payable to order or bearer, 
 except under the conditions prescribed in this Con- 
 stitution. Ind., 179. 
 
 — No banks shall be established otherwise than under 
 a general banking law, except as provided in the 
 foiu'th section of this article. Ind., 179. 
 — If the General Assembly shall enact a general 
 banking law, such law shall provide for the registry 
 and countersigning by an officer of State of all paper 
 credit designed to be circulated as money, and ample 
 collateral security, readily convertible into specie, or 
 the redemption of the same in gold or .silver, shall be 
 required, which collateral security shall be under the 
 control of the proper officer or officers of State. 
 Ind., 179. 
 
 — The General Assembly may also charter a bank 
 with branches without collateral security, as required 
 in the preceding section. Ind., 179. 
 
172 
 
 — If the General Assembly shall establish a bank 
 ■with branches, the branches shall be mutually respon- 
 sible for each other's liabilities upon all paper credit 
 issued as money. Ind., 179. 
 
 — All bills or notes issued as money shall be at 
 all times redeemable in gold or silver ; and no law 
 shall be passed sanctioning, directly or indirectly, the 
 suspension by any bank or banking company of 
 specie payments. Ind., 179. 
 
 — Holders of bank notes shall be entitled, in case of 
 insolvency, to preference of payment over all other 
 creditors. Ind., 179. 
 
 — No bank shall receive, directly or indirectly, a 
 greater rate of interest than shall be allowed by law 
 to individuals loaning money. Ind., 179. 
 — Every bank or banking company shall be required 
 to cease all banking operations within twenty years 
 from the time of its organization, and promptly there- 
 after to close its business. Ind., 179. 
 — The Q-eneral Assembly is not prohibited from 
 investing the trust funds in a bank with branches; 
 but in case of such investment, the safety of the same 
 shall be guaranteed by unquestionable security. 
 Ind., 179. 
 
 — The State shall not be a stockholder in any bank 
 after the expiration of the present bank charter; nor 
 shall the credit of the State ever be given or loaned 
 in aid of any person, association or corporation ; nor 
 shall the State hereafter become a stockholder in any 
 corporation or association. Ind., 179. 
 — No act of the General As.=iembly, authorizing or 
 creating corporations or associations with banking 
 powers, nor amendments thereto, shall take eifect, or 
 in any manner be in force, until the same shall have 
 been submitted separately to the people, at a general 
 or special election, as provided by law, to be held not 
 less than three months after the passage of the act, 
 and shall have been approved by a majority of all the 
 electors voting for and against it at such election. 
 Iowa, 191. 
 
 — No act of the General Assembly authorizing asso- 
 ciations with banking powers, shall take effect until 
 it shall be submitted to the people, at the general 
 election next succeeding the passage thereof, and be 
 approved by a majority of all the electors voting at 
 Buch election. Ohio, 443. 
 
 — Subject to the provisions of the foregoing section, 
 the General Assembly may also provide for the estab- 
 lishment of a State Bank, with branches. Iowa, 191. 
 — If a State Bank be established, it shall be founded 
 on an actual specie basis, and the branches shall be 
 mutually responsible for each other's liabilities upon 
 all notes, bills, and other issues intended to circulate 
 as money. Iowa, 191. 
 
 — If a general banking law shall be enacted, it shall 
 provide for the registry and countersigning, by an 
 officer of State, of all bills, or paper credit designed to 
 circulate as money, and require security to the full 
 amount thereof, to be deposited with the State Trea- 
 surer, in United States stocks, or in interest paying 
 stocks of States in good credit and standing, to be 
 rated at ten per cent below their average value in the 
 city of New York, for the thirty days next preced- 
 ing their deposit; and in case of a depreciation of any 
 portion of said stocks, to the amount of ten per 
 cent on the dollar, the bank or banks owning said 
 stocks shall be required to make up said deficiency 
 by depositing additional stocks, and said law shall 
 also provide for the recording of the names of all 
 stockholders in such corporations, the amount of 
 stock held by each, the time of any transfer, and to 
 whom. Iowa, 191. 
 
 — In case of the insolvency of any banking institu- 
 tion, the bill holders shall have a preference over its 
 other creditors. Iowa, 191 ; La., 234 ; Mich., 312 ; 
 Min., 328. 
 
 — The suspension of specie payments by banking 
 institutions shall never be permitted or sanctioned. 
 Iowa, 191. 
 
 — No bank shall be established otherwise than under 
 a general banking law. Kan., 215. 
 — All banking laws shall require, as collateral security 
 
 for the redeijiption of the circulating notes of any 
 bank organized under their provisions, a deposit with 
 the Auditor of Slate of the interest-paying bonds of 
 the several States or of the United States, at the cash 
 rates of the New York Stock Exchange, to an amount 
 equal to the amount of circulating notes, which such 
 bank shall be authorized to issue, and a cash deposit 
 in its vaults of ten per cent of such amount of circu- 
 lating notes; and the Auditor shall register and 
 countersign no more circulating bills of any bank 
 than the cash value of such bonds when deposited. 
 Kan., 205. 
 
 — Whenever the bonds pledged as collateral security 
 for the circulation of any bank shall depreciate in 
 value, the Auditor of State shall require additional 
 security, or curtail the circulation of such bank to 
 such extent as will continue the security unimpaired. 
 Kan., 215. 
 
 — All circulating notes shall be redeemable in the 
 money of the United States. Holders of such notes 
 shall be entitled, in case of the insolvency of such 
 banks, to preference of payment over all other cred- 
 itors. Kan., 205. 
 
 — The State shall not be a stockholder in any bank- 
 ing institution. Kan., 205. 
 
 — All banks shall be required to keep offices and 
 officers for the issue and redemption of their circula- 
 tion, at a convenient place within the State, to be 
 named on the circulating notes issued by such bank. 
 Kan., 205. 
 
 — No banking institution shall issue circulating notes 
 of a less denomination than one dollar. Kan., 205. 
 — No bank law shall be in force until the same 
 shall have been submitted to a vote of the electors 
 of the State at some general election, and approved 
 by a majority of all the votes cast at such election. 
 Kan., 205. 
 
 — Any banking law may be amended or repealed. 
 Kan., 205. 
 
 — No banking law, or law for banking purposes, or 
 amendments thereof, shall have effect until the same 
 shall, after its passage, be submitted to a vote of the 
 electors of the State, at a general election, and be 
 approved by a majority of the votes cast thereon at 
 such election. Mich., 312. 
 
 — The General Assembly shall grant no charter for 
 banking purposes, nor renew any banking corpora- 
 tion now in existence, except upon the condition that 
 the stockholders shall be liable to the amount of their 
 respective share or shares of stock in such banking 
 institution, for all its debts and liabilities, upon note, 
 bill, or otherwise, and upon the further condition, 
 that no director or other officer of said corporation, 
 shall borrow any money from said corporation, and 
 if any director or other officer shall be convicted upon 
 indictment, of directly or indirectly, violating this 
 section, he shall be punished, by fine or imprison- 
 ment, at the discretion of the court. The books, 
 papers and accounts of all banks shall be open to 
 inspection, under such regulations as may be pre- 
 scribed by law. Md., 264. 
 
 — The Legislature shall provide by law for the regis- 
 try of all bills or notes issued or put in circulation as 
 money, and shall require security to the full amount 
 of notes and bills so registered in State or United 
 States stocks, bearing interest, which shall be depos- 
 ited with the State Treasurer, for the redemption of 
 such bills or notes in specie. Min., 328 ; Mich., 312. 
 — And in case of a depreciation of said stocks, or any 
 part thereof, to the amount of ten per cent or more 
 on the dollar, the bank or banks owning said stock 
 shall be required to make up said deficiency by addi- 
 tional stocks. Min., 328. 
 
 — The Legislature shall pass no law authorizing or 
 sanctioning the suspension of specie payments by 
 any person, association or corporation. Mich., 312. 
 — The Legislature may, by a vote of two-thirds of 
 the members elected to each House create a single 
 bank with branches. Mich., 312. 
 — The Legislature shall have no power to pass any 
 law sanctioning in any manner, directly or indirectly, 
 the suspension of specie payments by any person, 
 
173 
 
 1 S 7. The Stockholders in every corporation and joint stock association for 
 
 2 banking purposes, issuing bank notes, or any kind of paper credits to circulate 
 
 3 as money, after the first day of January, one thousand eight hundred and 
 
 4 fifty, shall be individually responsible to the amount of their respective share 
 
 5 or shares of stock in any such corporation or association, for all its debts and 
 
 6 liabilities of every kind, contracted after the said first day of January, one 
 
 7 thousand eight hundred and fifty. 
 
 1 S 8- In case of the insolvency of any bank or banking association, the bill- 
 
 2 holders thereof shall be entitled to preference in payment over all other credit- 
 
 3 ors of such bank or association. 
 
 association, or corporation issuing bank notes of any 
 description. Min., 327. 
 
 — Any general banking law which may be passed 
 in accordance with this article, shall provide for 
 recording the names of all stockholders in such cor- 
 porations, the amount of stock held by each, the 
 time of transfer, and to whom transferred. Min., 
 328. 
 
 — The Legislature may, by a two-thirds vote, pass a 
 general banking law, with the following restrictions 
 and requirements. Min., 327. 
 
 — No corporate body shall hereafter be created, 
 renewed, or extended, with the privilege of making, 
 issuing, or putting in circulation any notes, bills, or 
 other paper, or the paper of any other bank, to cir- 
 culate as money; and the General Assembly shall 
 prohibit, by law, individuals and corporations from 
 issuing bills, checks, tickets, promissory notes, or 
 other paper to circulate as money. Mo., 360. 
 — The General Assembly shall, at its first session after 
 this Constitution goes into effect, enact laws enabling 
 any of the existing banks of issue to reorganize as 
 national banks under the act of Congress ; and shall 
 also provide for the sale of the stock owned by this 
 State in the Bank of the State of Missouri, upon such 
 terms and conditions as shall be by law established. 
 Mo., 360. 
 
 — No bank notes or paper of any kind shall ever be 
 permitted to circulate as money in this State, except 
 the federal currency and the notes of banks author- 
 ized under the laws of Congress. Nev., 389. 
 — The assent of three-fifths of the members elected 
 to each House, shall be requisite to the passage of 
 every law for granting, continuing, altering, amend- 
 ing or renewing charters for banks or money corpo- 
 rations ; and all such charters shall be limited to a 
 term not exceeding twenty years. N. J., 415. 
 — The Legislative Assembly shall not have the power 
 to establish or incorporate any bank, or banking 
 company, or monied institution whatever; nor shall 
 any bank, company or institution exist in this State, 
 with the privilege of making, issuing, or putting in 
 circulation any bill, check, certificate promissory 
 note, or other paper, or the paper of any bank, com- 
 pany, or person, to circulate as money. Or., 457. 
 No corporate body shall be hereafter created, re- 
 newed or extended with banking or discounting 
 privileges, without six months' previous public notice 
 of the intended application for the same in such man- 
 ner as shall be prescribed by law. Nor shall any 
 charter for the purposes aforesaid, be granted for a 
 longer period than twenty years, and every such 
 oharter shall contain a clause reserving to the Legis- 
 lature the power to alter, revoke or annul the same, 
 whenever in their opinion it may be injurious to the 
 citizens of the Commonwealth ; in such manner, how- 
 ever that no injustice shall be done to the corpora- 
 44 
 
 tors. No law hereafter enacted, shall create, renew 
 or extend the charter, of more than one corporation. 
 Pa., 463. 
 
 — No corporate body shall hereafter be created, 
 renewed, or extended with banking or discounting 
 privileges. Tex., 516. 
 
 — The Legislature shall prohibit by law, individuals 
 from issuing bills, checks, promissory notes, or other 
 paper to circulate as money. Tex., 517. 
 — No act to incorporate any bank of circulation or 
 internal improvement company, or to confer addi- 
 tional privileges on the same, shall be passed, unless 
 public notice of the intended application for such act 
 be given under such regulations as shall be prescribed 
 bylaw. W. Fa., 558. 
 
 — The Legislature may submit to the voters at any 
 general election, the question of "bank or no bank," 
 and if at any such election a number of votes equal 
 to a majority of all the votes cast at such election on 
 that subject shall be in favor of banks, then the Leg- 
 islature shall have povf er to grant bank charters, or 
 to pass a general banking law, with such restrictions 
 and under such regulations as they may deem expe- 
 dient and proper, for the security of the billholders ; 
 Provided, That no such grant or law shall have any 
 force or effect until the same shall have been sub- 
 mitted to a vote of the electors of the State at some 
 general election, and been approved by a majority of 
 the votes cast on that subject at such election. Win., 
 570. 
 
 — The Legislature shall not have power to create, 
 authorize or incorporate, by any general or special 
 law, any bank or banking power or privilege, or any 
 institution or corporation having any banking power, 
 or privilege whatever, except as provided in this 
 article. Wis., 570. 
 
 LIABILITY OF STOCKHOLDERS AND OF COR- 
 PORATIONS. 
 
 — The stockholders shall be respectively liable for the 
 debts of the bank, in proportion to the amount of 
 their stock. Ala., 77. 
 
 — Dues from corporations shall be secured by such 
 individual liability of the corporators, and other 
 means, as iaay be prescribed by law. Cat, 99. 
 — Each stockholder of a corporation, or joint-stock 
 association, shall be individually and personally liable 
 for his proportion of all its debts and liabilities. 
 Cal, 99. 
 
 — Dues from corporations, not possessing banking 
 powers and privileges, shall be secured by such indi- 
 vidual liabilities of the corporators, or other means, 
 as may be prescribed by law. lU., 164. 
 — The stockholders in every corporation, or joint- 
 stock association for banking purposes, issuing bank 
 
174 
 
 notes, or any kind of paper credits to circulate as 
 money, shall be individually responsible, to the 
 amount of their respective share or shares of stock in 
 any such corporationor association, for all debts and 
 liabilities of every kind. 111., 164. 
 — The stockholders in every bank or banking com- 
 pany shall be individually responsible to an amount 
 over and above their stock, equal to their respective 
 shares of stock, for all debts or liabilities of said 
 bank or banking company. Ind., 179. 
 — Dues from corporations, other than banking, shall 
 be secured by such individual liability of the corpo- 
 rators, or other means, as may be prescribed by law. 
 Ind., 179. 
 
 — ^Every stockholder in a banking corporation or 
 institution shall be individually responsible and liable 
 to its creditors, over and above the amount of stock 
 by him or her held, to an amount equal to his or her 
 respective shares so held, for all its liabilities, accru- 
 ing while he or she remains such stockholders. Iowa, 
 191. 
 
 — Dues from corporations shall be secured by indivi- 
 dual liability of the stockholders to an additional 
 amount equal to the stock owned by each stock- 
 holder, and such other means as shall be provided by 
 law ; but such individual liabilities shall not apply to 
 railroad corporations, nor corporations for religious 
 or charitable purposes. Kan., 215. 
 — The stockholders of all corporations and joint stock 
 associations shall be individually liable for all labor 
 performed for such corporation or association. Mich., 
 312. 
 
 — Bach stockholder in any corporation shall be liable 
 to the amount of the stock held or owned by him. 
 Min., 328. 
 
 — Dues from private corporations shall be secured by 
 such means as may be prescribed by law ; but in all 
 cases each stockholder shall be individually liable, 
 over and above the stock by him or her owned, and 
 any amount unpaid thereon, in a further sum, at least 
 equal in amount to such stock. Mo., 260. 
 — Dues from corporations shall be secured by such 
 means as may be prescribed by law ; Provided, That 
 corporators in corporations formed under the laws of 
 this State, shall not be individually liable for the 
 debts or habilities of such corporation. Nev., 388. 
 — Dues from corporations shall be secured, by such 
 individual liability of the stockholders, and other 
 means, as may be prescribed by law; but, in all 
 cases, each stockholder shall be liable, over and above 
 the stock by him or her owned, and any amount 
 unpaid thereon, to a further sum, at least equal in 
 amount to such stock. Ohio, 443. 
 — The stockholders of all corporations and joint- 
 stock companies shall be liable for the indebtedness 
 of said corporation to the amount of their stock sub- 
 scribed and unpaid, and no more. Or., 457. 
 — Corporations may sue and be sued in all courts in 
 like manner as individuals. Neu., 389. 
 — The stockholders in any corporation and joint asso- 
 ciation for banking purposes, issuing bank notes, shall 
 be individually liable in an amount equal to double 
 the amount of stock owned by them for all the debts 
 of such corporation or association ; and such indi- 
 vidual liability shall continue for one year after any 
 transfer or sale of stock by any stockholder or stock- 
 holders. Min., 329. 
 
 — The officers and stockholders of every corporation 
 or association for banking purposes issuing bank notes 
 or paper credits to circulate as money, shall be indi- 
 vidually liable for all debts contracted during the 
 time of their being officers or stockholders of such 
 corporation or association. Mich., 312. 
 
 STATE INSTITUTIONS. 
 
 — It shall be the duty of the General Assembly to 
 provide by law for the support of institutions for the 
 education of the deaf and dumb, and of the Wind, and 
 also for the treatment of the insane. Ind., 178. 
 — The General Assembly shall provide houses of 
 
 refuge for the correction and reformation of juvenile 
 offenders. Ind., 178. 
 
 — Institutions for the benefit of the insane, blind and 
 deaf and dumb, and such other benevolent institu- 
 tions as the public good may require, shall be fostered 
 and supported by the State, subject to such regula- 
 tions as may be prescribed by law. Trustees of such 
 benevolent institutions as may be hereafter created 
 shall be appointed by the Governor, by and with ihe 
 advice and consent of the Senate; and upon all 
 nominations made by the Governor, the question 
 shall be taken by yeas and nays, and entered upon 
 the journal. Kan., 203. 
 
 — A penitentiary shall be established, the directors 
 of which shall be appointed or elected as prescribed 
 by law. Kan., 203. 
 
 — The Governor shall fill any vacancy that may occur 
 in the offices aforesaid, untd the next session of the 
 Legislature, and until a successor to his appoinlee 
 shall be confirmed and quahfied. Kan., 203. 
 — Institutions for the benefit of those inhabitants 
 who are deaf, dumb, blind, or insane, shall always be 
 fostered and supported. Mich., 311. 
 — Institutions for the benefit of the insane, blind, and 
 deaf and dumb, and such other benevolent institu- 
 tions as the public good may require, shall be fostered 
 and supported by the State, subject to such regula- 
 tions as may be prescribed by law. Nev., 391. 
 — A State Prison shall be established and maintained 
 in such a manner as may be prescribed by law, and 
 provision may be made by law for the establishment 
 and maintenance of a House of Eefuge for juvenile 
 offenders. Nev., 391. 
 
 — The respective counties of the State shall provide, 
 as may be prescribed by law, for those inhabitants 
 who, by reason of age and infirmities, or misfortunes, 
 may have claim upon the sympathy and aid of society. 
 Kan., 203; Nev., 391. 
 
 — Institutions for the benefit of the insane, blind, and 
 deaf and dumb, shall always be fostered and sup- 
 ported by the State, and be subject to such regula- 
 tions as may be prescribed by the General Assembly. 
 Ohio, 439. 
 
 — The Directors of the Penitentiary shall be appointed 
 or elected in such manner as the General Assembly 
 may direct; and the trustees of the benevolent and 
 other State institutions, now elected by the General 
 Assembly, and of such other State institutions as may 
 be hereafter created, shall be appointed by the Gov- 
 ernor, by and with the advice and consent of the 
 Senate ; and upon all nominations made by the Gov- 
 ernor the question shall be taken by yeas and nays 
 and entered upon the journals of the Senate. Ohio, 
 439. 
 
 — The Governor, Secretary of State, and Attorney- 
 General shall constitute a Board of State Prison 
 Commissioners, which Board shall have such super- 
 vision of all matters connected with the State prison 
 as may be provided by law. They shall also consti- 
 tute a Board of Examiners, with power to examine 
 all claims against the State, except salaries or com- 
 pensation of officers fixed by law, and perform such 
 other duties as may be prescribed by law. And no 
 claim against the State except salaries or compensa- 
 tion of officers fixed by law, shall be passed upon 
 by the Legislature without having been considered 
 and acted upon by said Board of Examiners. Nev.. 
 385. 
 
 —The four hundred thousand acres of land that have 
 been surveyed and set apart under the provisions of 
 a law approved 30th August, A. D. 1856, for the 
 benefit of a lunatic asylum, a deaf and dumb asylum, 
 a blind asylum, and an orphan asylum, shall consti- 
 tute a fund for the support of such institutions, one- 
 fourth part for each ; and the said fund shall never be 
 diverted to any other purpose. The said lands may 
 be sold, and the funds invested under the same rules 
 and regulations as provided for the lands belonging 
 to the school fund. The income of said fund only 
 shall be applied to the support of such institutions ; 
 and until so applied shall be invested in the same 
 manner as the principal. Tex., 520. 
 
175 
 
 1 S 9' It sliall be the duty of the Legislature to provide for the organization 
 
 2 of cities and incorporated villages, and to restrict their power of taxation, 
 
 3 assessment, borrowing money, contracting debts and loaning their credit, so 
 
 4 as to prevent abuses in assessments, and in contracting debt by such munici- 
 
 5 pal corporations. 
 
 COUNTIES — COUNTY SEATS. 
 
 — The General Assembly may, by a vote of two- 
 thirds of both branches thereofj arrange and desig- 
 nate boundaries for the several counties of this S+ate, 
 which boundaries shall not be altered except by a 
 lilie vote; but no new county shall be hereafter 
 formed of less extent than six hundred square miles, 
 nor shall any existing county be reduced to a less 
 extent than six hundred square miles ; and no new 
 county shall be formed not containing a sufficient 
 number of inhabitants to entitle it to one representa- 
 tive under the existing ratio of representation, nor 
 unless the counties from which it is taken shall be 
 left with the required number entitling them to sepa- 
 rate representation. Ala., 74. 
 
 — No county now established by law shall ever be 
 reduced by the establishment of any new county or 
 counties, to less than six hundred square miles, nor 
 to a less population than its ratio of representation in 
 the House of Representatives; nor shall any county 
 be hereafter established which shall contain less than 
 six hundred square miles, or a less population than 
 would entitle each county to a member in the House 
 of Representatives. Ark., 87. 
 
 —The Legislature shall establish a system of county 
 and town governments, which shall be as nearly uni- 
 form as practicable throughout the State. Cal., 104; 
 Wis., 563. 
 
 — If a new county be established, it shall be added to 
 a district which it adjoins. The Senatorial districts 
 may be changed by the General Assembly, but only 
 at the first session after the taking of each census by 
 tlie United States Government, and their number 
 shall never be increased. Oa., 144. 
 — They may alter the boundaries of counties, and 
 establish new counties ; but every bill to establish a 
 new county shall be passed by at least two-thirds of 
 the members present in each branch of the General 
 Assembly. Oa., 146. 
 
 — No county shall be divided, or have any part 
 stricken therefrom, without submitting the question 
 to a vote of the people of the county, nor unless a 
 majority of all the legal voters of the county, voting 
 on the question, shall vote on the same. Ill, 162. 
 — There shall be no territory stricken from any county 
 unless a majority of the voters living in such terri- 
 tory shall petition for such division ; and no territory 
 shall be added to any county without the consent of 
 the majority of the voters of the county to which it 
 is proposed to be added. Ill, 163. 
 — All territory which has been or may be stricken 
 off, by Legislative enactment, from any organized 
 county or counties, for the purpose of forming a new 
 county, and which shall remain unorganized after 
 the period provided for such organization, shall be 
 and remain a part of the county or counties from 
 which it was originally takep, for all purposes of 
 county and State government, until otherwise pro- 
 vided by law. Ill, 163. 
 
 No county seat shall be removed until the point to 
 
 which it is proposed to be removed shall be fixed by 
 law, and a majority of the voters of the county shall 
 have voted in favor of its removal to such point. 
 Ill, 163. 
 
 —The General Assembly shall provide, by a general 
 law for a township organization, under which any 
 county may organize whenever a majority of the 
 voters of such county, at any general election, shall 
 
 so determine; and whenever any county shall adopt 
 a township organization, so much of this Constitu- 
 tion as provides for the management of the fiscal 
 concerns of the said county by the County Court 
 may be dispensed with, and the affairs of said county 
 may be transacted in such manner as the General 
 Assembly may provide. Ill, 163. 
 — No new county shall be formed or established by 
 the General Assembly, which will reduce the county 
 or counties, or either of them, from which it shall be 
 taken, to less contents than four hundred square 
 miles; nor shall any county be formed of less con- 
 tents; nor shall any line thereof pass within less 
 than ten miles of any county seat of the county or 
 counties proposed to be divided. III., 162. 
 — All lands which have been granted, as a " common," 
 to the inhabitants of any town, hamlet, village, or 
 corporation, by any person, body politic, or corporate, 
 or by any government having power to make such 
 grant, shall forever remain common to the inhabit- 
 ants of such town, hamlet, village, or corporation ; 
 but the said commons, or any of them, or any part 
 thereof, may be divided, leased, or granted in such 
 manner as may hereafter be provided by law, on 
 petition of a majority of the qualified voters interested 
 in such commons or any of them. lU., 165. 
 — No county shall be reduced to an area less than 
 four hundred square miles; nor shall any county 
 under that area be further reduced. Ind., 181. 
 — No new county shall be hereafter created contain- 
 ing less than four hundred and thirty-two square 
 miles ; nor shall the territory of any organized county 
 be reduced below that area, except the county of 
 "Worth, and the counties west of it, on the Minnesota 
 line, may be organized without additional territory. 
 loiva, 194. 
 
 — The Legislature shall provide for organizing new 
 counties, locating county seats, and changing county 
 lines; but no county seat shall be changed without 
 the consent of a majority of the electors of the 
 county, nor any county organized, nor the lines of 
 any county changed, so as to include an area of less 
 than four hundred and thirty-two square miles. 
 Ehn., 203. 
 
 — When a new county shall be erected, officers for 
 the same, to serve until the next stated election, shall 
 be elected, or appointed in such a way and at such 
 times as the General Assembly may prescribe. Ky., 
 219. 
 
 — The General Assembly may provide for organizing 
 new counties, locating and removing county seats 
 and changing county lines, but no new county shall 
 be organized without the consent of a majority of the 
 legal voters residing within the limits about to foim 
 said county, nor shall the lines of any county be 
 changed without the consent of a majority of the 
 legal voters residing within the hmits of the lines 
 proposed to be changed, nor shall any new county 
 contain less than four hundred square miles nor less 
 than ten thousand white inhabitants, nor shall any 
 county be reduced below that amount of square 
 miles, nor below that number of white inhabitants. 
 Md., 235. 
 
 — The General Assembly shall provide by general 
 law for dividing the counties into tcwnsliips or per- 
 manent municipal corporations, in place of the exist- 
 ing election districts, prescribing their limits and 
 confiding to them all powers necessary for the man- 
 agement of their public local concerns ; and whenever 
 
176 
 
 the organization of these township corporations shall 
 be perfeote'd, all officers provided for in this Consti- 
 tution, but whose official functions shall have been 
 superseded by such organization shall be dispensed 
 with, and the aflfairs of such townships and of the 
 counties as affected by the action of such townships 
 shall be transacted in such manner as the General 
 Assembly may dii'ect. Md., 276. 
 — Tlie General Court shall have full power and 
 authority to erect and constitute municipal or city 
 governments, in any corporate town or towns in this 
 Commonwealth, and to grant to the inhabitants 
 thereof such powei'S, privileges and immunities not 
 repugnant to the Constitution, as the General Court 
 shall deem necessary or expedient for the regulation 
 and government thereof, and to prescribe the manner 
 of calling and holding public meetings of the inhab- 
 itants in wards or otherwise, for the election of 
 officers under the Constitution, and the manner 
 of returning the votes given at such meetings ; Pro- 
 vided, That no such government shall be erected or 
 constituted in any town not containing twelve thou- 
 sand inhabitants ; nor unless it be with the consent, 
 and on the application of a majority of the inhabit- 
 ants of such town present and voting thereon, pur- 
 suant to a vote at a meeting duly warned and holden 
 for that purpose ; And provided, also, That all by-laws 
 made by such municipal or city government sliall be 
 subject, at all times, to be annulled by the General 
 Court. Mass., 294. 
 
 — No county seat once established shall be removed 
 until the place to which it is proposed to be removed 
 sliall be designated by two-thirds of the Board of 
 Siioerrisoi'S of the county, and a majority of the 
 electors voting thereon shall have voted in favor of 
 tlie proposed location, in such manner as shall be 
 piesoribed by law. Mich., 309. 
 
 — Bach organized township shall be a body corporate, 
 with such powers and immunities as shall be pre- 
 scribed by law. All suits and proceedings by or 
 against a township, shall be in the name thereof. 
 Mich., 309. 
 
 — No organized county shall ever be reduced by the 
 organization of new counties to less than sixteen 
 townships, as surveyed by the United States, unless 
 in pursuance of law, a majority of electors residing 
 in each county to be affected thereby shall so decide. 
 Tlie Legislature may organize any city into a sepa- 
 rate county, when it has attained a population of 
 twenty thousand inhabitants, without reference to 
 geographical extent, when a majority of the electors 
 of a county in which such city may be situated, 
 voting thereon, shall be in favor of a separate organ- 
 ization, Mich., 309. 
 
 — Each organized county shall be a body corporate, 
 with such powers and immunities as shall be estab- 
 lished by law. All suits and proceedingsby or against 
 a county shall be in the name thereof. Mich., 309. 
 —Any territory attached to any county for judicial 
 purposes, if not otherwise represented, shall be con- 
 sidered as forming a part of such county, so far as 
 regards elections for the purpose of representation. 
 Mich., 317. 
 
 — The Legislature may organize any city into a 
 separate county, when it has attained a population of 
 twenty thousand inhabitants, without reference to 
 geographical extent, when a majority of the electors 
 of the county in which such city may be situated, 
 voting thereon, shall be in favor of a separate organi- 
 zation. Min., 328. 
 
 — The Legislature may, from time to time, establish 
 and organize new counties; but no new county shall 
 contain less than four hundred square mites; nor shall 
 any county be reduced below that amount; and all 
 laws changing county lines in counties already organ- 
 ized, or for removing county seats, shall, before taking 
 effect, be submitted to the electors of the county or 
 counties to be effected thereby, at the next general 
 election after the passage thereof, and be adopted by 
 a majority of such electors. Counties now estab- 
 lished may be enlarged, but not reduced below four 
 hundred square miles. Min., 328. 
 
 — Laws may be passed providing for the organization, 
 for municipal and other town purposes, of any con- 
 gressional or fractional townships in the several 
 counties in the State, provided that when a town- 
 ship is divided by county lines, or does not contain 
 one hundred inhabitants, it may be attached to one 
 or more adjacent townships, or parts of townships, 
 for the purposes aforesaid. Min., 328. 
 ^No new county shall be established by the Legis- 
 lature, which shall reduce the county or counties, or 
 either of them, from which it may be taken, to less 
 contents than five hundred and seventy-six square 
 miles ; nor shall any new county be laid off of less 
 contents. Mm., 343. 
 
 — The General Assembly shall have no power to 
 establish any new county with a territory of less 
 than five hundred square miles, or with a population 
 less than the ratio of representation existing at the 
 time ; nor to reduce any county now established to 
 less than that area, or to less population than such 
 ratio. Mo., 354. 
 
 — The General Assembly shall have no pow'er to 
 remove the county seat of any county unless two- 
 thirds of the qualified voters of the county, at a gen- 
 eral election, shall vote in favor of such removal. 
 No compensation or indemnity for real estate, or the 
 improvements thereon, affected by such removal, 
 shall be allowed. Mo., 354. 
 
 — And the Legislature, on the application of the 
 major part of the inhabitants of any county, shall 
 have authority to divide the same into two districts 
 for registering deeds, if to thera it shall appear neces- 
 sary ; each district to elect a Register of Deeds ; and 
 before they enter upon the business of their offices, 
 shall be respectively sworn faithfully to discharge the 
 duties thereof, and shall severally give bond, with 
 sufficient sureties, in a reasonable sum, for the use of 
 the county, for the punctual performance of their 
 respective trusts. iV". H., 408. 
 
 — The General Assembly shall attach any new coun- 
 ties, that may hereafter be erected, to such districts, 
 or subdivision thereof, as shall be most convenient. 
 0^0,442. 
 
 —No new county shall contain less than four hun- 
 dred square miles of territory, nor shall any county 
 be reduced below that amount; and all laws creating 
 new counties, changing county lines, or removing 
 county seats, shall, before taking effect, be submitted 
 to the electors of the several counties to be affected 
 thereby, at the next general election after the passage 
 thereof, and be adopted by a majority of all the 
 electors voting at such election, in each of said coun- 
 ties; but any county now or hereafter containing 
 one hundred thousand inhabitants, may be divided, 
 whenever a majority of the voters, residing in each 
 of the proposed divisions, shall approve of the law 
 passed for that purpose ; but no town or city within 
 the same, shall be divided, nor shall either of the 
 divisions contain less than twenty thousand inhabit- 
 ants. Ohio, 435. 
 
 — ^No county shall be reduced to an area less than 
 four hundred square miles ; nor shall any new county 
 be established in this State containing a less area, nor 
 unless such new county shall contain a population of 
 at least twelve hundred inhabitants. Or., 458. 
 — The citizens who may be included in any new 
 county, shall vote with the county or counties from 
 which they may have been stricken off for members 
 of Congress, for Governor, and for members of the 
 General Assembly, until the next apportionment of 
 members to the General Assembly after the estabhsh- 
 ment of such new county. Tenw., 498. 
 — New counties may be established by the Legisla- 
 ture, to consist of not less than three hundred and 
 fifty square miles, and which shall contain a popula- 
 tion of four hundred and fifty qualified voters. No 
 hue of such county shall approach the court-house of 
 any old county from which it may be taken, nearer 
 than twelve miles. No part of a county shall be 
 taken to form a new county or a part thereof, with- 
 out the consent of a majority of the qualified voters 
 in such part taken off. And in all cases where an 
 
177 
 
 old county may be reduced for the purpose of form- 
 ing a new one, the seat of justice in said old county 
 shall not be removed without the concurrence of 
 two-thirds of both branches of the Legislature, nor 
 shall said old county be reduced to less than six hun- 
 dred and twenty-five square miles. 
 
 [Special clauses are inserted in Constitution relative 
 to counties named]. Term., 498. 
 — ^No county shall be divided by a line cutting off 
 over one-tenth of its population (either to form a new 
 county, or otherwise), without the express assent of 
 such county, by a vote of the electors thereof; nor 
 shall any new county be established, containing less 
 than four hundred square miles. Pa., 471. 
 — The Legislature may, from time to time, abolish 
 new counties for the convenience of the inhabitants of 
 such new county or counties: Provided, That no new 
 county shall be established which shall reduce the 
 county or counties, or either of them, from which it 
 shall be taken, to a less area than nine hundred 
 square miles, unless by consent of two-thirds of the 
 Legislature, nor shall any county be organized of 
 less contents : Provided further, That all counties 
 heretofore created are hereby declared to be legally 
 constituted counties. Every new county has the 
 right of suffrage and representation, shall be consi- 
 dered as part of the county or counties from which 
 it was taken until the next apportionment of repre- 
 sentation thereafter ; Provided aho. That no new 
 county shall be laid off, when less than one hundred 
 and twenty qualified jurors are at the time resident 
 therein. Tex., 517. 
 
 — No new county shall be formed with an area of 
 less than six hundred square miles; nor shall the 
 county or counties from which it is formed be reduced 
 below that area, nor shall any county, having a white 
 population less than five thousand, be deprived of 
 more than one-fifth of such population, nor shall a 
 county having a larger white population be reduced 
 below four thousand. But any county, the length of 
 which is three times its mean breadth, or which 
 exceeds fifty miles in length, may be divided at the 
 discretion of the G-eneral Assembly. In all general 
 elections the voters in any county not entitled to 
 separate representation shall vote in the same ele«- 
 tion district. Vd., 539. 
 
 — No new county shall be formed having an area of 
 less than four hundred square miles ; or if another 
 county be thereby reduced below that area, or if any 
 territory be thereby taken from a county containing 
 less than four hundred square miles. And no new 
 county shall be formed containing a white population 
 of less than four thousand ; or if the white population 
 of another county be thereby reduced below that 
 number ; or if any county containing less than four 
 thousand white inhabitants be thereby reduced in 
 area. But the Legislature may, at any time, annex 
 
 any county containing less than four thousand white 
 inhabitants to an adjoining county or counties as a 
 part thereof. W. Va., 555. 
 
 — No county with an area of nine hundred square 
 miles or less shall be divided, or have any part 
 stricken therefrom, without submitting the question 
 to a vote of the people of the county, nor unless a 
 majority of all the legal voters of the county, voting 
 on the question, shall vote for the same. Wis., 
 57L 
 
 — No county seat shall be removed until the point to 
 which it is proposed to be removed shall be fixed by 
 law, and a majority of the voters of the county, voting 
 on the question, shall have voted in favor of it* 
 removal to such point. Wis., 571. 
 — The different counties in this State shall be laid off 
 as the General Assembly may direct, into districts of 
 convenient size, so that the whole number in each 
 county shall not be more than twenty-five, or four 
 for every one hundred square miles. There shall be 
 two Justices of the Peace and one Constable elected 
 in each district, by the qualified voters therein, except 
 districts including county towns, which shall elect 
 three Justices and two Constables. The jurisdiction 
 of said officers shall be co-extensive with the county. 
 Justices of the Peace shall be elected for the term of 
 six, and Constables for the term of two years. Upon 
 the removal of either of said officers from the district 
 in which he was elected, his office shall become 
 vacant from the time of such removal. Justices of 
 the Peace shall be commissioned by the Governor. 
 The Legislature shall have power to provide for the 
 appointment of an additional number of Justices of 
 the Peace in incorporated towns. Term,., 497. 
 — Bach county, town, city, and incorporated village, 
 shall make provision for the support of its own offi- 
 cers, subject to such restrictions and regulations as 
 the Legislature may prescribe. Col., 104. 
 — Every county shall be divided into not less than 
 three, nor more than ten townships, laid off as com- 
 pactly as practicable, with reference to natural bound- 
 aries, and containing as nearly as practicable, an equal 
 number of white population, but not less than four 
 hundred. Each township shall be designated, " The 
 
 Township of in the county of ," by which 
 
 name it may sue and be sued. W. Va., 557. 
 — The Board of Supervisors may alter the bounds of 
 a township of their county or erect new townships 
 therein, with the consent of a majority of the voters 
 of each township interested, assembled in stated 
 township meeting, or in a meeting duly called for the 
 purpose, subject to the provisions of the first section 
 of this article. W. Va., 555. 
 
 — ^Nothing contained in this article shall impair or 
 affect the charter of any municipal corporation, "br 
 restrict the power of the Legislature to create or 
 regulate such corporations. W. Va., 555. 
 
 45 
 
178 
 AETIOLE IX. 
 
 1 Sectiox 1. The capital of the Common School Fund, the capital of the 
 
 2 Literature Fund, and the capital of the United States Deposit Fund, shall be 
 
 3 respectively preserved inviolate. The revenues of the said Common School 
 
 4 Fund shall be applied to the support of common schools ; the revenues of the 
 
 5 said Literature Fund shall be applied to the support of academies, and the 
 
 6 sum of twenty-flve thousand dollars of the revenues of the United States 
 
 7 Deposit Fund shall each year be appropriated to and made a part of the capi- 
 
 8 tal of the said Common School Fund. 
 
 SCHOOLS— SCHOOL FUNDS. 
 
 — The G-eneral Assembly shall, from time to time, 
 enact necessary and proper laws for the encourage- 
 ment of schools and the means of education ; shall 
 take proper measures to preserve from waste or dam- 
 age such lands as have been or may be granted by 
 the United States for the use of schools in each town- 
 ship in this State, and apply the funds which may be 
 raised from such lands in strict conformity with the 
 object of such grant ; shall take like measures for the 
 improvement of such lands as have been or may 
 hereafter be granted by the United States to this 
 State for the support of a seminary of learning ; and 
 the money whiwi may be raised from such lands by 
 rent, lease or sale, or from any other quarter, for 
 the purpose aforesaid, shall be and forever remain a 
 fund for the exclusive support of a State university 
 for the promotion of the arts, literature, and the 
 sciences; and it shall be the duty of the General 
 Assembly to provide by law effectual means for the 
 improvement and permanent security of the funds of 
 Buch institution. Ala., 77. 
 
 — Be it ordained, That no act of the Legislature of this 
 State prohibiting the education of any class of the 
 inhabitants thereof, shall have the force of law. Ark., 
 95. 
 
 — The proceeds of all lands belonging to this State, 
 except such parts thereof as may be reserved or 
 appropriated to public use, or ceded to the United 
 States, which shall hereafter be sold or disposed of, 
 t(%ether with the fund denominated the common 
 school fund, shall be and remain a perpetual fund; 
 the interest of which shall be inviolably appropriated 
 and applied to the support of common schools 
 throughout this State. _N. F. (1821), 42. 
 — Knowledge and learning generally diffused through- 
 out a community, being essential to the preservation 
 of a free government, and diffusing the opportunities 
 and advantages of education through the various parts 
 of the State, being highly conducive to this end, it 
 shall be the duty of the General Assembly to provide 
 by law for the improvement of such lands as are or 
 hereafter may be granted by the United States to 
 this State for the use of schools, and to apply any 
 funds which may be raised from such lands, or from 
 any other source, to the accomplishment of the object 
 for which they are or may be intended. The Gen- 
 eral Assembly shall, from time to time, pass such 
 laws as shall be calculated to encourage intellectual, 
 scientiiic and agricultural improvement, by allowing 
 rewards and immunities for the promotion and 
 improvement of arts, science commerce, manufac- 
 tures, and natural history, and countenance and 
 encourage the principles of humanity, industry and 
 morality. Ark., 92. 
 
 — The legislature shall provide for the election by the 
 people of a Superintendent of Public Instruction, who 
 shall hold his office for three years, and whose duties 
 
 shall be prescribed by law, and who shall receive 
 such compensation as the Legislature may direct. 
 Cat, 163 ; (nearly similar), Mich., 308 ; Nev., 389 ; 
 (nearly similar, but term two years), Ind., 178; 
 (nearly similar, but term four years), Ky., 222 ; Mo., 
 360. 
 
 — The Legislature shall encourage by all suitable 
 means the promotion of intellectual, scientific, moral 
 and agricultural improvement. The proceeds of all 
 land that may be granted by the United States to 
 this State for the support of schools, which may be 
 sold or disposed of, and the five hundred thousand 
 acres of land granted to the new states under an act 
 of Congress, distributing the proceeds of the public 
 lands among the several states of the Union, approved 
 A. T>., 1841 ; and all estate of deceased persons who 
 may have died without leaving a will, or heir, and 
 also such per cent as may be granted by Congress on 
 the sale of lands in this State, shall be and remain a 
 perpetual fund, the interest of which, together with 
 all the rents of the unsold lands, and such other 
 means as the Legislature may provide, shall be invio- 
 lably appropriated to the support of common schools 
 throughout the State. Col., 103. 
 — The Legislature shall provide for a system of com- 
 mon schools, by which a school shall be kept up and 
 supported in each district at least three months in 
 every year, any district neglecting to keep and sup- 
 port such a school, may be deprived of its proportion 
 of the interest of the public fund during such neglect. 
 Cal, 103. 
 
 — The fund called the School Fund shall remain a 
 perpetual fund, the interest of which shall be inviol- 
 ably appropriated to the support and encouragement 
 of the public or common schools throughout the State, 
 and for the equal benefit of all the people thereof 
 The value and amount of said fund shall, as soon as 
 practicable, be ascertained in such manner as the 
 General Assembly may prescribe, published and 
 recorded in the Comptroller s office; and no law shall 
 ever be made authorizing said fund to be diverted to 
 any other use than the encouragement and support of 
 public or common schools, among the several school 
 societies, as justice and equity shall require. Ci, 112. 
 — The proceeds of all lands for the use of schools and 
 a seminary or seminaries of learning shall be and 
 remain a perpetual fund, the interest of which, 
 together with all moneys accrued from any other 
 source, applicable to the same object, shall be inviol- 
 ably appropriated to the use of schools and seminaries 
 of learning, respectively, and to no other purpose. 
 FL, 138. 
 
 — The General Assembly shall take such measures as 
 may be necessary to preserve, from waste or damage, 
 all lands so granted and appropriated for the purpose 
 of education. Fl, 138. 
 
 — Knowledge and learning, generally diffused through- 
 out a community, being essential to the preservation 
 of a free government, it shall be the duty of the Gea- 
 
179 
 
 eral Assembly to encourage, by all suitable means, 
 moral, intellectual, scientific and agricultural improve- 
 ment, and to provide by law for a general and uni- 
 ■ form system of common schools, wherein tuition 
 shall be without charge, and equally open to all. 
 Ind., 177. 
 
 — The common school fund shall consist of the con- 
 gressional township fund, and the lands belonging 
 thereto ; 
 
 The surplus revenue fund ; 
 
 The saline fund, and the lands belonging thereto ; 
 
 The bank tax fund, and the fund arising from the 
 one hundred and fourteenth section of the charter of 
 the State Bank of Indiana; 
 
 The fund to be derived from the sale of county 
 seminaries, and the moneys and property heretofore 
 held for such seminaries ; from the fines assessed for 
 breaches of the penal laws of the State; and from 
 all forfeitures which may accrue ; 
 
 All lands and other estate which shall escheat to 
 the State for want of heirs or kindred entitled to the 
 inheritance. Ind., 178. 
 
 — All lands that have been, or may hereafter be, 
 granted to the State, where no special purpose is 
 expressed in the .grant, and the proceeds of the sales 
 thereof, including the proceeds of the sales of the 
 swamp lands granted to the State of Indiana by the 
 act of Congress of 28th September, 1850, after de- 
 ducting the expense of selecting and draining the 
 same. Ind., 178. 
 
 — Taxes on the property of corporations that may be 
 assessed for common school purposes. Ind., 178. 
 — The principal of the common school fund shall 
 remain a perpetual fund, which may be increased, 
 but shall never be diminished ; and the income thereof 
 shall be inviolably appropriated to the support of 
 common schools, and to no other purpose whatever. 
 Ind., 178. 
 
 — The G-eneral Assembly shall invest, in some safe 
 and profitable manner, all such portions of the com- 
 mon school fund as have not heretofore been intrusted 
 to the several counties ; and shall make provision by 
 law for the distribution among the several counties 
 of the interest thereof Ind., 178. 
 — If any county shall fail to demand its proportion of 
 such interest for common school purposes, the same 
 shall be reinvested for the benefit of such county. 
 Ind., 178. 
 
 — The several counties shall be held liable for the 
 preservation of so much of the said fund as may be 
 intrusted to them, and for the payment of the annual 
 interest thereon. Ind., 178. 
 
 — All trust funds held by the State shall remain invi- 
 olate, and be faithfully and exclusively applied to the 
 purposes for which the trust was created. Ind., 178. 
 -^The educational interest of the State, to include 
 common schools and other educational institutions, 
 shall be under the management of a Board of Educa- 
 tion, which shall consist of the Lieutenant-Governor, 
 who shall be the presiding ofiicer of the board, and 
 have the casting vote in case of a tie, and one mem- 
 ber to be elected from each judicial district in the 
 State. Iowa, 191. 
 
 — No person shall be eligible as a member of said 
 Board who shall not have attained the age of twenty- 
 five years, and been one year a citizen of the State. 
 Iowa, 192. 
 
 — One member of said board shall be chosen by the 
 qualified electors of each district, and shall hold the 
 office for the term of four years, and until his succes- 
 sor is elected and qualified. After the first election 
 under this Constitution, the board shall be divided, 
 as nearly as practicable, into two equal classes, and 
 the seats of the first class shall be vacated after the 
 expiration of two years; and one-half of the board 
 shall be chosen every two years thereafter. Iowa, 192. 
 
 The first session of the Board of Education shall 
 
 be held at the seat of government, on the first Mon- 
 day of December, after their election; after which 
 the Greneral Assembly may fix the time and place of 
 meeting. Iowa, 192. 
 The session of the board shall be limited to twenty 
 
 days, and but one session shah be held in any one 
 year, except on extraordinary occasions, when, upon 
 the recommendation of two-thirds of the board, the 
 Governor may order a special session. Iowa, 192. 
 — The Board of Education shall appoint a Secretary, 
 who shall be the executive officer of the Board, and 
 perform such duties as may be imposed upon him by 
 the Board and the laws of the State. They shall 
 keep a journal of their proceedings, which shall be 
 published and distributed in the same manner as the 
 journals of the General Assembly. Iowa, 192. 
 — All rules and regulations made by the Board shall 
 be published and distributed to the several counties, 
 townships, and school districts, as may be provided 
 for by the Board, and when so passed, published and 
 distributed, they shall have the force and effect of 
 law. Iowa, 192. 
 
 — The Board of Education shall have full power and 
 authority to legislate and make all needful rules and 
 regulations in relation to common schools and other 
 educational institutions that are instituted, to receive 
 aid from the school or university fund of this State ; 
 but all acts, rules and regulations of said Board may 
 be altered, amended, or repealed by the General 
 Assembly; and when so altered, amended or repealed 
 they shall not be re-enacted by the Board of Educa- 
 tion. Iowa, 192. 
 
 — The Governor of the State shall be ex officio, a 
 member of said Board. Iowa, 192. 
 — The Board shall have power to levy taxes, or make 
 appropriations of money. The contingent expenses 
 shall be provided for by the General Assemblv. 
 Iowa, 192. 
 
 — The members of the Board of Education shall pro- 
 vide for the education of all the youths of the State, 
 through a system of common schools. And such 
 schools shall be organized and kept in each school- 
 district at least three months in each year. Any 
 district failing, for two consecutive years, to organize 
 and keep up a school, may be deprived of their por- 
 tion of the school fund. Iowa, 192. 
 — The members of the Board of Education shall each 
 receive the same per diem during the time of their 
 session, and mileage going to and returning there- 
 from as members of tlie General Assembly. Iowa, 
 192. 
 
 — The majority of the Board shall constitute a quorum 
 for the transaction of business ; but no rule, regula- 
 tion or law for the regulation and government of 
 common schools or other educational institutions shall 
 pass without the concurrence of a majority of all 
 the members of the Board, which shall be expressed 
 by the yeas and nays on the final passage. The 
 style of all the acts of the Board shall be, "Be it 
 enacted by the Board of Education of the State of 
 Iowa." Iowa, 192. 
 
 — At any time after the year of 1863, the General 
 Assembly shall have power to abolish or re-organize 
 said Board of Education, and provide for the educa- 
 tional interest of the State in any other manner that 
 to them shall seem best and proper. Iowa, 192. 
 — The educational and school funds and lands shall 
 be under the control and management of the Gen- 
 eral Assembly of this State. Iowa, 192. 
 — The General Assembly shall encourage, by all suit- 
 able means, the promotion of intellectual, scientific, 
 moral, and agricultural improvement. The proceeds 
 of all lands that have been, or hereafter may be, 
 granted by the United States to this State for the 
 support of schools, which shall hereafter be sold or 
 disposed of, and the five hundred thousand acres of 
 land granted to the new States, under an act of Con- 
 gress, distributing the proceeds of the public lands 
 among the several States of the Union, approved in 
 the year of our Lord one thousand eight hundred and 
 forty-one, and all estates of deceased persons who 
 may have died without leaving a will or heir, and 
 also such per cent, as may have been granted by Con- 
 gress, on the sale of lands in this State, shall be, and 
 remain a perpetual fund, the interest of which, 
 together with all the rents of the unsold lands, and 
 such other means as the General Assembly may pro- 
 
180 
 
 vide, shall be inviolably appropriated to the support 
 of common schools throughout the State. Iowa, 
 192. 
 
 — The money which may have been, or shall be paid 
 by persons as an equivalent for exemption from mili- 
 tary duty, and the clear proceeds of all fines collected 
 in the several counties for any breach of the penal 
 laws, shall be exclusively apphed, in the several coun- 
 ties in which such money is paid, or fine collected, 
 among the several school-districts of said counties, in 
 proportion to the number of youths subject to enu- 
 meration in such districts, to the support of common 
 schools, or the establishment of libraries, as the Board 
 of Education shall from time to time provide. Iowa, 
 193. 
 
 — The financial agents of school funds shall be the 
 same that, by law, receive and control the State and 
 county revenue, for other civil purposes, under such 
 regulations as may be provided by law. Iowa, 193. 
 — The money subject to the support and maintenance 
 of common schools shall be distributed to the districts 
 in proportion to the number of youths between the 
 age of five and twenty-one years, in such manner as 
 may be provided by the General Assembly. Iowa, 193. 
 — All losses to the permanent, school or university 
 fund of this State, which shall have been occasioned 
 by the defalcation, mismanagement or fraud of the 
 agents or officers controlling and managing the same, 
 shall be audited by the proper authorities of the State. 
 The amount so audited shall be a permanent funded 
 debt against the State, in favor of the respective fund 
 sustaining the loss, upon which not less than six per 
 cent annual interest shall be paid. The amount of 
 liability so created shall not be counted as a part of 
 the indebtedness authorized by the second section of 
 this article. Iowa, 190. 
 
 — The State Superintendent of Public Instruction shall 
 have the general snpervision of the common school 
 funds and educational interest of the State, and per- 
 form such other duties as may be prescribed by law. 
 A Superintendent of Public Instruction shall be elected 
 in each county, whose term of office shall be two 
 years, and whose duties and compensation shall be 
 prescribed by law. Kan., 202. 
 
 — The proceeds of all lands that have been or may be 
 granted by the United States to the State for the 
 support of schools, and the five hundred thousand 
 acres of land granted to the new States, under an act 
 of Congress distributing the proceeds of public lands 
 among the several States of the Union, approved 
 September 4, A. D., 1841, and all estates of persons 
 dying without heir or will, and such per cent as may 
 be granted by Congress on the sale of lands in this 
 State, shall be the common property of the State, 
 and shall be a perpetual school fund, which shall not 
 be diminished, but the interest of which, together 
 with all the rents of the lands, and such other means 
 as the Legislature may provide, by tax or otherwise, 
 shall be inviolably appropriated to the support of 
 common schools. Kan., 202. 
 
 — The income of the State school funds shall be dis- 
 bursed annually, by order of the State Superintend- 
 ent, to the several County Treasurers, and thence to 
 the Treasurer of the several school districts, in 
 equitable proportion to the number of children and 
 youth resident therein between the ages of five and 
 twenty-one years ; Provided, That no school district 
 in which a common school has not been maintained 
 at least three months in each year, shall be entitled 
 to receive any portion of such fiinds. Kan., 202. 
 — The school lands shall not be sold unless such sale 
 shall be authorized by a vote of the people at a gen- 
 eral election ; but, subject to re-valuation every five 
 years, they may be leased for any number of years 
 not exceeding twenty-five, at a rate estabhshed by 
 law. Kan., 202. 
 
 — All money which shall be paid by persons as an 
 equivalent for exemption from military duty ; the 
 clear proceeds of estrays, ownership of which shall 
 vest in the taker up ; and the proceeds of fines for 
 any breach of the penal laws, shall be exclusively 
 applied, in the several counties in which the money 
 
 is paid or fines collected, to the support of common 
 schools. Kan., 302. 
 
 — No religious sect or sects shall ever control any . 
 part of the common school or university funds of the 
 State. Kan., 203. 
 
 — The State Superintendent of Public Instruction, 
 Secretary of State and Attorney-General, shall con- 
 stitute a Board of Commissioners, for the manage- 
 ment and investment of the school funds. Any two 
 of said Commissioners shall constitute a quorum. 
 Kan., 203. 
 
 — The Legislature, in providing for the formation and 
 regulation of schools, shall make no distinction be- 
 tween the rights of males and females. Kan,, 200. 
 — The capital of the fund called and known as the 
 "Common School Fund," consisting of one million 
 two hundred and twenty-five thousand seven hun- 
 dred and sixty-eight dollars and forty-two cents, for 
 which bonds have been executed by the State to the 
 Board of Education, and seventy-three thousand five 
 hundred dollars of stock in the Bank of Kentucky ; 
 also, the sum of fifty-one thousand two hundred and 
 twenty-three dollars and twenty-nine cents, balance 
 of interest on the school fund for the year 1848, 
 unexpended, together with any sum which may be 
 hereafter raised in the State by taxation, or other- 
 wise, for purposes of education, shall be held invio- 
 late, for the purpose of sustaining a system of com- 
 mon schools. The interest and dividends of said 
 funds, together with any sum which may be pro- 
 duced for that purpose by taxation or otherwise, may 
 be appropriated in aid of common schools, but for no 
 other purpose. The General Assembly shall invest 
 said fifty-one thousand two hundred and twenty- 
 three dollars and twenty-nine cents in some safe and 
 profitable manner ; and any portion of the interest 
 and dividends of said school fund, or other money or 
 property raised for school purposes, which may not 
 be needed in sustaining common schools, shall be 
 invested in like manner. The General Assembly 
 shall make provision, by law, for the payment of the 
 interest of said school fund; Provided, That each 
 county shall be entitled to its proportion of the 
 income of said fund, and if not called for, for com- 
 mon school purposes, it shall be reinvested from time 
 to time for the benefit of such county. Ky., 111. 
 — There shall be elected a Superintendent of Public 
 Education, who shall hold his office for the term of 
 four years. His duties shall be prescribed by law, 
 and he shall receive a salary of four thousand dollars 
 per annum until otherwise provided by law: Pro- 
 vided, That the General Assembly shall have power, 
 by a vote of a majority of the members elected to 
 both Houses, to abolish the said office of Superintend- 
 ent of Public Education, whenever, in their opinion, 
 said office shall be no longer necessary. La., 236. 
 — The Legislature shall provide for the education of 
 all children of the State, beween the ages of six and 
 eighteen years, by maintenance of free public schools 
 by taxation or otherwise. La., 238. 
 — The general exercises in the common schools shall 
 be conducted in the English language. La., 236. 
 — The proceeds of all lands heretofore granted by the 
 United States to this State for the use or purpose of 
 the public schools, and of all lands which may here- 
 after be granted or bequeathed for that purpose, and 
 the proceeds of the estates of deceased persons to 
 which the State may become entitled by law, shall 
 be and remain a perpetual fund, on which the State 
 shall pay an annual interest of six per cent, which 
 interest, together with the interest of the trust funds, 
 deposited with the State by the United States, under 
 the act of Congress, approved June 23, 1836, and all 
 the rents of the unsold lands shall be appropriated to 
 the purpose of such schools, and the appropriation 
 shall remain inviolable. La., 236. 
 — No appropriation shall be made by the Legislature 
 for the support of any private school or institution of 
 learning whatever, but the highest encouragement 
 shall be granted to pubUc schools throughout the 
 State. La., 237. 
 — The Governor shall, within thirty days after thf 
 
181 
 
 ratiflcation by the people of this Constitution, appoint, 
 subject to the confirmation of the Senate, at its first 
 session thereafter, a State Superintendent of Public 
 Instruction, who shall hold his office for four years, 
 and until his successor shall have been appointed and 
 shall have qualified. He shall receive an annual 
 salary of twenty-five hundred dollars, and such addi- 
 tional sum for traveling and incidental expenses 
 as the General Assembly may by law allow ; ehall 
 report to the General Assembly within thirty days 
 after the commencement of its first session under this 
 Constitution, a uniform system of free public schools, 
 and shall perform such other duties pertaining to his 
 office as may from time to time be prescribed by law. 
 Md., 274. 
 
 — There shall be a State Board of Education, consist- 
 ing of the Governor, the Lieutenant-Governor, and 
 Speaker of the House of Delegates, and the State 
 Superintendent of Public Instruction, which Board 
 shall perform such duties as the General Assembly 
 may direct. Md., 274. 
 
 — There shall be in each county such number of 
 School Commissioners as the State Superintendent 
 of Public Instruction shall deem necessary, who shall 
 be appointed by the State Board of Education; shall 
 hold office for four years, and shall perform such 
 duties and receive such compensation as the General 
 Assembly or State Superintendent may direct; the 
 School Commissioners of Baltimore city shall remain 
 as at present constituted, and shall be appointed, as 
 at present, by the Mayor and City Council, subject to 
 such alterations and amendments as may be made 
 from time to time by the General Assembly, or the 
 said Mayor and City Council. Md., 274. 
 — The General Assembly, at its first session after the 
 adoption of this Constitution, shall provide a uniform 
 system of free public schools, by which a school shall 
 be kept open and supported free of expense for tui- 
 tion in each school-district, for at least six months in 
 each year ; and in case of a failure on the part of the 
 General Assembly so to provide, the system reported 
 to it by the State Superintendent of PubUc Instruc- 
 tion, shall become the system of free public schools 
 of the State ; Provided, That the report of the State 
 Superintendent shall be in conformity with the pro- 
 visions of this Constitution, and such system shall be 
 subject to such alterations, conformable to this article, 
 as the General Assembly may from time to time 
 enact. Md., 274. 
 
 — The General Assembly shall levy at each regular 
 session after the adoption of this Constitution an 
 annual tax of not less than ten cents on each one 
 hundred dollars of taxable property throughout the 
 State, for the support of the free public schools, which 
 tax shall be collected at the time and by the same 
 agents as the general State levy ; and shall be paid 
 into the treasury of the State, and shall be distribu- 
 ted under such regulations as may be prescribed by 
 law, among the counties and the city of Baltimore, 
 in proportion to their respective population between 
 the ages of five and twenty years; Provided, That 
 the General Assembly shall not levy any additional 
 school tax upon particular counties, unless such 
 county express by popular vote its desire for such 
 tax ; the city of Baltimore shall provide for its addi- 
 tional school tax as at present, or as may hereafter 
 be provided by the General Assembly, or by the 
 Mayor and City Council of Baltimore. Md., 275. 
 — The General Assembly shall further provide by 
 law, at its first session after the adoption of this Con- 
 stitution, a fund for the support of the free public 
 schools of the State, by the imposition of an annual 
 tax of not less than five cents on each one hundred 
 dollars of taxable property throughout the State, the 
 proceeds of which tax shall be known as the public 
 school fund, and shall be invested by the Treasurer, 
 together with its annual interest until such time as 
 said fund shall, by its own increase and any additions 
 which may be made to it from time to time, together 
 with the present school fund amount to six millions 
 of dollars when the tax of ten cents in the hundred 
 dollars authorized by the preceding section, may be 
 46 
 
 discontinued in whole or in part, as the General 
 Assembly may direct; the principal fund of six 
 millions hereby provided, shall remain forever invio- 
 late as the free public school fund of the State, and 
 the annual interest of said school fund shall be dis- 
 bursed for educational purposes only, as may be pre- 
 scribed by law. Md., 275. 
 
 — All moneys raised by taxation in the towns and 
 cities for the support of public schools, and all moneys 
 which may be appropriated by the State for the sup- 
 port of common schools, shall be applied to, and 
 expended in no other schools than those which are 
 conducted according to law, under the order and 
 superintendence of the authorities of the town or city 
 in which the money is to be expended; and such 
 moneys shall never be appropriated to any religious 
 sect for the maintenance, exclusively, of its own 
 school. Mass., 298. 
 
 — The Superintendent of Public Instruction shall 
 have the general supervision of public instruction, and 
 his duties shall be prescribed by law. Mich., 310. 
 — The proceeds from the sales of all lands that have 
 been or hereafter may be granted by the United 
 States to the State for educational purposes, and the 
 proceeds of all lands or other property given by indi- 
 viduals or appropriated by the State for like purposes, 
 shall be and remain a perpetual fund, the interest and 
 income of which, together with the rents of all such 
 lands as may remain unsold, shall be inviolably 
 appropriated and annually applied to the specific 
 objects of the original gift, grant, or appropriation. 
 Mich., 310. 
 
 — All lands, the titles to which shall fail from a defect 
 of heirs, shall escheat to the State ; and the interest 
 on the clear proceeds from the sales thereof shall be 
 appropriated exclusively to the support of primary 
 schools. Mich., 310. 
 
 — The Legislature shall, within five years from the 
 adoption of this Constitution, provide for and estab- 
 lish a system of primary schools, whereby a school 
 shall be kept, without charge for tuition, at least three 
 months in each year, in every school district in the 
 State, and all instruction in said schools shall be con- 
 ducted in the English language. Mich., 310. 
 — A school shall be maintained in each school-district 
 at least three months in each year. Any school-dis- 
 trict neglecting to maintain such school shall be 
 deprived for the ensuing year of its proportion of the 
 income of the primary school fund, and of all funds 
 arising from taxes for the support of schools. Mich., 
 310. 
 
 — There shall be elected at the general election in 
 the year one thousand eight hundred and fifty-two, 
 three members of a State Board of Education, one 
 for two years, one for four years and one for six 
 years ; and at each succeeding biennial election there 
 shall be elected one member of such Board, who 
 shall hold his office for six years. The Superintend- 
 ent of Public Instruction shall be ex officio a member 
 and Secretary of such Board. The Board shall have 
 the general supervision of the State Normal School, 
 and their duties shall be prescribed by law. Mich., 
 3U. 
 
 — All specific State taxes except those received from 
 the mining companies of the Upper Peninsula, shall 
 be applied in paying the interest upon the primary 
 school, university, and other educational funds, and 
 the interest and principal of the State debt, in the 
 order herein recited, until the extinguishment of the 
 State debt, other than the amounts due to educational 
 funds, when such specific taxes shall be added to, and 
 constitute a part of the primary school interest fund. 
 The Legislature shall provide iox an annual tax suffi- 
 cient, with ofher resources to pay the estimated ex- 
 penses of the State Government, the interest of the 
 State debt, and such deficiency as may occur in the 
 resources. Mich., 311. 
 
 — Religion, morality, and knowledge being necessary 
 to good government, the preservation of liberty, and 
 the happiness of mankind, schools and means of 
 education, shall forever be encouraged in this State. 
 " liss., 343 
 
182 
 
 • — The stability of a republican form of government 
 depending mainly upon the intelligence of the people, 
 it shall be the duty of the Legislature to establish a 
 general and uniform system of public schools. Min., 
 326. 
 
 — The proceeds of such lands as are or hereafter may 
 be granted by the United States for the use of schools 
 within each township in this State shall remain a per- 
 petual school fund to the State, and not more than 
 one-third of said lands may be sold in two years, one- 
 third in five years and one-third in ten years; but 
 the lands of the greatest valuation shall be sold first; 
 Provided, That no portion of said lands shall be sold 
 otherwise than at public sale. The principal of all 
 funds arising from sales or other disposition of lands, 
 or other property granted or intrusted to this State, 
 in each township for educational purposes, shall for- 
 ever be preserved inviolate and undiminished; and 
 the income arising from the lease or sale of said 
 school lands shall be distributed to the different 
 townships throughout the State, in proportion to the 
 number of scholars in. each township between the 
 ages of five and twenty-one years, and shall be faith- 
 fully applied to the specific objects of the original 
 grants or appropriations. Min., 326. 
 — Suitable laws shall be passed by the Legislature 
 for the safe keeping, transfer, and 'disbursement of 
 the State school funds, and all officers and other per- 
 sons charged with the same shall be required to give 
 ample security for all moneys and funds of any kind, 
 to keep an accurate entry of each sum received, and 
 of each payment and transfer; and if any of said 
 officers or other persons shall convert to his own use 
 in any form, or shall loan with or without interest, 
 contrary to law, or shall deposit in banks, or ex- 
 change for other funds, any portion of the funds of 
 the State, every such act shall be adjudged to be an 
 embezzlement of so much of the State funds as shall 
 be thus taken, and shall be declared a felony; and 
 any failure to pay over or produce the State or school 
 funds intrusted to such persons, on demand, shall be 
 held and taken to be prima facie evidence of such 
 embezzlement. Min., 327. 
 
 — The Legislature shall make such provisions, by 
 taxation or otherwise, as, with the income arising 
 from the school fund, will secure a thorough and 
 efficient system of public schools in each township in 
 the State. Min., 326. 
 
 — A general diffusion of knowledge and intelligence 
 being essential to the preservation of the rights and 
 liberties of the people, the General Assembly shall 
 establish and maintain free schools for the gratuitous 
 instruction of all persons in this State, between the 
 ages of five and twenty-one years. Mo., 360. 
 — Separate schools may be estabhshed for children of 
 African descent. All funds provided for the support 
 of public schools shall be appropriated in proportion 
 to the number of children, without regard to color. 
 Mb., 360. 
 
 — The supervision of public instruction shall be vested 
 in a "Board of Education," whose powers and duties 
 shall be prescribed by law. A Superintendent of 
 Public Schools, who shall be the President of the 
 Board, shall be elected by the qualified voters of the 
 State. He shall possess the qualfications of a State 
 Senator, and hold his office for the term of four years ; 
 and shall perform such duties, and receive such com- 
 pensation as may be prescribed by law. The Seci'e- 
 tary of State and Attorney-G-eneral shall be ex officio 
 members, and, with the Superintendent, compose said 
 Board of Education. Mo., 360. 
 — The proceeds of all lands that have been, or here- 
 after may be, granted by the United States to this 
 State, and not otherwise appropriated by this State 
 or the United States; also, all moneys, stocks, bonds, 
 lands, and other property now belonging to any fund 
 for purposes of education ; also, the net proceeds of 
 all sales of lands and other property and effects that 
 may accrue to the State by escheat, or from sales of 
 estrays, or from unclaimed dividends, or distributive 
 shares of the estates of deceased persons, or from 
 fines, penalties and forfeitures ; also, any proceeds of 
 
 the sales of public lands which may have been, or 
 hereafter may be, paid over to this State, if Congress 
 will consent to such appropriation; also, all other 
 grants, gifts, or devises that have been, or hereafter 
 may be, made to this State, and not otherwise appro- 
 priated by the terms of the grant, gift, or devise, shall 
 be securely invested and sacredly preserved as a pub- 
 lic school fund; the annual income of which fund, 
 together with so much of the ordinary revenue of the 
 State as may be necessary, shall be faithfully appro- 
 priated for establishing and maintaining tlie free 
 schools and the university in this article provided 
 for, and for no other uses or purposes whatsoever. 
 Mo., 361. 
 
 — No part of the public school fund shall ever be 
 invested in the stock, or bonds, or other obligations 
 of any State, or of any county, city, town, or corpo- 
 ration. The stock of the Bank of the State of Mis- 
 souri now held for school purposes, and all other 
 stocks belonging to any school or university fund, 
 shall be sold, in such manner and at such time as the 
 General Assembly shall prescribe; and the proceeds 
 thereof, and the proceeds of the sales of any lands or 
 other property which now belongs, or naay hereafter 
 belong, to said school fund, may be invested in the 
 bonds of the United States. All county school funds 
 shall be loaned upon good and sufficient unincum- 
 bered real estate security, with personal security in 
 addition thereto. Mo., 361. 
 
 — No township or school-district shall receive any 
 portion of the public school fund, unless a fiee school 
 shall have been kept therein for not less than three 
 months during the year for which distribution thereof 
 is made. The General Assembly shall have power, 
 to require, by law, that every child, of sufficient 
 mental and physical ability, shall attend the public 
 schools, during the period between the ages of five 
 and eighteen years, for a term equivalent to sixteen 
 months, unless educated by other means. Mo., 361. 
 — In case the public school fund shall be insufficient 
 to sustain a free school at least four months in every 
 year in each school-district in this State, the General 
 Assembly may provide, by law, for the raising of 
 such deficiency, by levying a tax on all the taxable 
 property in each county, township, or school-district, 
 as they may deem proper. Mo., 361. 
 — The General Assembly shall, as far as it can be 
 done without infringing upon vested rights, reduce 
 all lands, moneys, and other property, used or held 
 for school purposes, in the various counties of this 
 State, into the public school fund herein provided 
 for; and in making distribution of the annual income 
 of said fund, shall take into consideration the amount 
 of any county or city fund, appropriated for common 
 school purposes, and make such distribution as will 
 equahze the amount appropriated for common schools 
 throughout the State. Mo., 361. 
 — The principal of all funds arising from the sale, or 
 other disposition of lands or other property granted 
 or intrusted to this State, for educational and reli- 
 gious purposes, shall forever be preserved inviolate 
 and undiminished ; and the income arising therefrom 
 shall be faithfully applied to the specific objects of the 
 original grants or appropriations. The Legislature 
 shall make such provisions by taxation or otherwise, 
 as, with the income arising from the school trust 
 fund, will secure a thorough and efficient system of 
 common schools throughout the State ; but no reli- 
 gious sect or sects shall ever have any exclusive 
 right to, or control of any part of the school funds 
 of this State. Neb., 376. 
 
 — The university lands, school lands, and all other 
 lands which have been acquired by the Territory of 
 Nebraska, or which may hereafter be acquired by the 
 State of Nebraska for educational or school purposes, 
 shall not be aliened or sold for a less sum than five 
 dollars per acre. Neb., 376. 
 
 — The Legislature shall encourage, by all suitable 
 means, the promotion of intellectual, hterary, scien- 
 tific, mining, mechanical, agricultural and moral 
 improvement, and also provide for the election by 
 the people, at the general election, of a Superinten- 
 
183 
 
 dent of Public Instruction, whose term of ofBoe shall 
 be two years from the first Monday of January, 
 A. D., 1865, and until the election and qualification 
 of his successor, and whose duties shall be prescribed 
 by law. Nev., 389. 
 
 — The Legislature shall provide for a unifprm system 
 of common schools, by which a school shall be estab- 
 lished and maintained in each school district at least 
 six months in every year, and any school district 
 neglecting to establish and maintain such a school, or 
 which shall allow instruction of a sectarian character 
 therein, may be deprived of its portion of the interest 
 of the public school fund during such a neglect or 
 infraction, and the Legislature may pass such laws as 
 will tend to secure a general attendance of the chil- 
 dren in each school district upon said public schools. 
 Kev., 389. 
 
 — All lands, including the sixteenth and thirty-sixth 
 sections, in every township, donated for the benefit 
 of public schools, in the act of the thirty-eighth Con- 
 gress, to enable the people of Nevada Territory to 
 form a State Government, the thirty thousand acres 
 of public lands granted by an act of Congress, 
 approved July second, eighteen hundred and sixty- 
 two, for each Senator and Representative in Con- 
 gress, and all proceeds of lands that have been or 
 may be hereafter granted or appropriated by the 
 United States to this State, and also the five thou- 
 sand acres of land granted to the new States under 
 the act of Congress, distributing the proceeds of the 
 public lands among the several States of the Union, 
 approved A. D. eighteen hundred and forty-one; 
 Provided, That Congress makes provision for or 
 authorizes such division to be made for the purpose 
 herein contained, all estates that may escheat to the 
 State, all of such per cent, as may be granted by 
 Congress on the sale of land, all fines collected under 
 the penal laws of the State, all property given or 
 bequeathed to the State for educational purposes; 
 and all proceeds derived from any or all of such 
 sources shall be, and the same are hereby, solemnly 
 pledged for educational purposes, and shall not be 
 transferred to any other fund for any other uses, and 
 the interest thereon shall, from time to time, be 
 apportioned among the several counties in proportion 
 to the ascertained numbers of the persons between 
 the ages of six and eighteen years in the different 
 counties ; and the Legislature shall provide for the 
 sale of floating land warrants to cover the aforesaid 
 lands, and for the investment of all proceeds derived 
 from any of the above mentioned sources in United 
 States bonds or the bonds of this State ; Provided. 
 That the interest only of the aforesaid proceeds shall 
 be used for educational purposes, and any surplus 
 interest shall be added to the principal sum ; And, 
 Provided further, That such portions of said interest 
 as may be necessary may be apportioned for .the 
 support of the State University. Nev., 390. 
 — The Legislature shall have power to establish nor- 
 mal schools, and such different grades of schools, 
 from the primary department to the university, as in 
 their discretion they may deem necessary, and all 
 professors in said university, or teachers in said 
 sohools, of whatever grade, shall be required to take 
 and subscribe to the oath as prescribed in article 16, 
 of this Constitution. No professor or teacher who 
 fails to comply with the provisions of any law framed 
 in accordance with the provisions of this section 
 shall be entitled to receive any portion of the public 
 moneys set apart for school purposes. Nev., 390. 
 — The fund for the support of free schools, and all 
 money, stock and other property, which may here- 
 after be appropriated for that purpose, or received 
 into the treasury under the provision of any law 
 heretofore passed to augment the said fund, shall be 
 seaurely. invested, and remain a perpetual fund ; and 
 the income thereof, except so much as it may be 
 judged expedient to apply to an increase of the capi- 
 tal, shall be annually appropriated to the support of 
 public schools, for the equal benefit of all the people 
 of the State ; and it shall not be competent for the 
 Legislature to borrow, appropriate, or use the said 
 
 fund, or any part thereof, for any other purpose, under 
 any pretense whatever. N. J., 415. 
 — That a school or schools shall be established by the 
 Legislature, for the convenient instruction of youth, 
 with such salaries to the masters, paid by the public, 
 as may enable them to instruct at low prices; and 
 all useful learning shall be duly encouraged and pro- 
 moted in one or more universities. N. C, 426. 
 — The General Assembly shall make such provisions, 
 by taxation or otherwise, as, with the interest arising 
 fl'om the school trust fund, will secure a thorough and 
 efficient system of common schools throughout the 
 State; but no religio\is or other sect or sects shall 
 ever have any exclusive right to or control of any 
 part of the school fluids of this Slate. Ohio, 438. 
 — The Governor shall be Superintendent of Public 
 Instruction, and his powers and duties in that capacity 
 shall bo such as may be presci'ibed by law; but after 
 the term of five years from the adoption of this 
 Constitution, it shall be competent for the Legislative 
 Assembly to provide by law for the election of a 
 Superintendent, to provide for his compensation and 
 prescribe his powers and duties. Or., 455. 
 — The proceeds of all the lands which have been, or 
 hereafter may be, granted to this State for educa- 
 tional purposes (excepting the lands heretofore 
 granted to aid in the establishment of a university), 
 all the moneys and clear proceeds of all property 
 which may accrue to the State by escheat or forfei- 
 ture; all moneys which may be paid as exemption 
 from military duty ; the proceeds of all gifts, devises 
 and bequests made by any person to the State for 
 common school purposes; the proceeds of all prop- 
 erty granted to the State, when the purposes of such 
 grant shall not be stated ; all the proceeds of the five 
 hundred thousand acres of land to which this State 
 is entitled by the provision of an act of Congress, 
 entitled " An act to appropriate the proceeds of the 
 sales of the public lands, and to grant pre-emption 
 rights," approved the fourth of September, 1841, and 
 also the five per centum of the net proceeds of the 
 sales of the public lands to which this State shall 
 become entitled on her admission into the Union (if 
 Congress shall assent to such appropriation of the two 
 grants last mentioned), shall be set apart as a separate 
 and irreducible fund, to be called the common school 
 fund, the interest of which, together with all other 
 revenues derived from the school lands mentioned in 
 this section, shall be exclusively applied to the sup- 
 port and maintenance of common schools in each 
 district, and purchase of suitable libraries and ap- 
 paratus therefor. Or., 456. 
 
 — The Legislative Assembly shall provide by law for 
 the establishment of a uniform and regular system of 
 common schools. Or., 456. 
 
 — Provision shall be made by law for the distribution 
 of the income of the common school fund among the 
 several counties of this State, in proportion to the 
 number of children resident therein between the ages 
 of four and twenty years. Or., 456. 
 — The Legislature shall, as soon as conveniently may 
 be, provide by law for the establishment of schools 
 throughout the State, in such manner that the poor 
 may be taught gratis. Pa., 466. 
 — The diffusion of knowledge as well as of virtue, 
 among the people being essential to the preservation 
 of their rights and liberties, it shall be the duty of 
 the General Assembly to promote public schools, and 
 to adopt all means which they may deem necessary 
 and proper to secure to the people the advantages 
 and opportunities of education. R. I., 480. 
 — The money which now is or which may hereafter 
 be appropriated by law for the establishment of a 
 permanent fund for the support of pubho schools, 
 shall be securely invested, and remain a perpetual 
 fund for that purpose. R. I., 480. 
 — All donations for the support of public schools or 
 for other purposes of education which may be re- 
 ceived by the General Assembly, shall be applied 
 according to the terms prescribed by the donors. iJ. 
 I., 480. 
 — The General Assembly shall make all necessaiy 
 
184 
 
 provisions by law for carrying this article into efifect. 
 They shall not divert said money or fund from the 
 aforesaid uses, nor borrow, appropriate, or use the 
 same, or any part thereof, for any other purpose, 
 under any pretense whatsoever. It. I., 480. 
 — Knowledge, learning and virtue, being essential to 
 the preservation of republican institutions, and the 
 diffusion of the opportunities and advantages of edu- 
 cation throughout the different portions of the State, 
 being highly conducive to the promotion of this end ; 
 it shall be the duty of the General Assembly in all 
 future periods of this government, to cherish literature 
 and science. And the fund called the common school 
 fund, and all the lands and proceeds thereof, dividends, 
 stocks, and other property of every description what- 
 ever, heretofore by law appropriated by the General 
 Assembly of this State for the use of common schools, 
 and all such as shall hereafter be appropriated, shall 
 remain a perpetual fund, the principal of which shall 
 never be diminished by legislative appropriation, and 
 -the interest thereof shall be inviolably appropriated 
 tc the support and encouragement of common schools 
 throughout the State, and for the equal benefit of all 
 the people thereof; and no law shall be made author- 
 izing said fund, or any part thereof, to be diverted to 
 any other use than the support and encouragement 
 pf common schools; and it shall be the duty of the 
 General Assembly to appoint a Board of Commis- 
 sioners, for such term of time as they may think 
 proper, who shall have the general superintendence 
 of said fund, and who shall make a report of the con- 
 dition of the game from time to time, under such 
 rules, regulations and restrictions as may be required 
 by law : Provided, That if at any time hereafter a 
 division of the public lands of the United States, or 
 of the money arising from the sales of such lands, 
 shall be made among the individual States, the part 
 of such lands, or money coming to this State, shall 
 be devoted to the purposes of education or internal 
 improvement; and shall never be applied to any 
 other purpose. Tenn., 499. 
 
 ■ — A general diffusion of knowledge being essential 
 to the preservation of the rights and liberties of the 
 people, it shall be the duty of the Legislature of this 
 State to make suitable provisions for the support and 
 maintenance of pubhc schools. Tex., 519. 
 — The Legislature shall, as early as practicable, estab- 
 lish a system of free schools throughout the State; 
 and, as a basis for the endowment and support of said 
 system, all the funds, lands and other property, here- 
 tofore set apart and appropriated, or that may here- 
 after be set apart and appropriated for the support 
 and maintenance of public schools, shall constitute the 
 public school fund; and said fund and the income 
 derived therefrom shall be a perpetual fund exclu- 
 sively for the education of all the white scholastic of 
 this State, and no law shall ever be made appropri- 
 ating said fund to any use or purpose whatever. And 
 until such time as the Legislature shall provide for 
 the establishment of such system of public schools 
 in the State, the fund thus created and the income 
 derived therefrom, shall remain as a charge against 
 the State, and be passed to the credit of the free 
 common school fund. Teoc., 519. 
 — And all the alternate sections of land reserved by 
 the State out of grants heretofore made, or that may 
 hereafter be made, to railroad companies or other 
 corporations of any nature whatever, for internal 
 improvements, or for the development of the wealth 
 and resources of the State, shall be set apart as a part 
 of the perpetual school fund of the State ; Provided, 
 That if at any time hereafter any portion of the pub- 
 lic domain of this State shall be sold, and by virtue 
 of said sale the jurisdiction over said land shall be 
 vested in the United States government; in such 
 event, one-half of the proceeds derived from said 
 sale shall become a part of the perpetual school fund 
 of the State; and the Legislature shall hereafter 
 appropriate one-half of the proceeds resulting from 
 all sales of the public lands to the perpetual public 
 school fund. Tex., 519. 
 — The Legislature shall provide from time to time 
 
 for the sale of lands belonging to the perpetual public 
 school fund, upon such time and terms as it may 
 deem expedient ; Provided, That in cases of sale the 
 preference shall be given to actual settlers ; And pro- 
 vided further, That the Legislature shall have no 
 power to gr^nt relief to purchasers by granting further 
 time for payment, but shall, in all cases, provide for 
 the forfeiture of the land to the State for the benefit 
 of a perpetual public school fund ; and that all interest 
 accruing upon such sales shall be a part of the income 
 belonging to the school fund, and subject to appro- 
 priation annually for educational purposes. Tex., 519. 
 — The Legislature shall have no power to appropriate 
 or loan or invest, except as follows, any part of the 
 principal sum of the perpetual school fund for any 
 purpose whatever ; and it shall be the duty of tlie 
 Legislature to appropriate annually the income which 
 may be derived from said fund, for educational pur- 
 poses, under such system as it may adopt; and it 
 shall, from time to time, cause the principal sum now 
 on hand and arising from sales of land, or from any 
 other source, to be invested in the bonds of the 
 United States of America, or the bonds of the State 
 of Texas, or such bonds as the State may guarantee. 
 Tex., 519. 
 
 — All public lands which have been heretofore, or may 
 be hereafter, granted for public schools, to the various 
 counties or other political divisions in this State, shall 
 be under the control of the Legislature, and may be 
 sold on such terms and under such regulations as the 
 Legislature shall by law prescribe ; and the proceeds 
 of the sale of said lands shall be added to the perpet- 
 ual school fund of the State. But each county shall 
 receive the full benefit of the interest arising from 
 the proceeds of the sale of the lands granted to them, 
 respectively : Provided, That the lands already pat- 
 ented to the counties shall not be sold without the 
 consent of such county or counties to which the lands 
 may belong. Tea;., 519. 
 
 — The Legislature may provide for the levying of a 
 tax for educational purposes ; Provided, The taxes 
 levied shall be distributed from year to year, as the 
 same may be collected ; And provided. That all the 
 sums arising from said tax which may be collected 
 from Africans, or persons of African descent, shall be 
 exclusively appropriated for the maintenance of a 
 system of public schools for Africans and their child- 
 ren; and it shall be the duty of the Legislature to 
 encourage schools among these people. Tex., 519. 
 — The Governor, by and with the advice and consent 
 of two-thirds of the Senate, shall appoint an ofiicer 
 to be styled the Superintendent of Public Instruction. 
 His term of office shall be four years, and his annual 
 salary shall not be less than ($2,000) two thousand 
 dollars, payable at stated times; and the Governor, 
 Comptroller and Superintendent of Public Education, 
 shall constitute a Board to be styled a Board of Edu- 
 cation, and shall have the general management and 
 control of the perpetual school fund, and common 
 schools, under such regulations as the Legislature may 
 hereafter prescribe. Tex., 520. 
 — The several counties in this State which have not 
 received their quantum of the lands for the purposes 
 of education, shall be entitled to the same quantity 
 heretofore appropriated by the Congress of the 
 Republic of Texas, and the State, to other counties. 
 And the counties which have not had the lands to 
 which they are entitled for educational purposes, 
 located, shall have a right to contract for the location, 
 surveying and procuring the patents for said lands, 
 and of paying for the same with any portion of said 
 lands so patented, not to exceed one-fourth of the 
 whole amount to be so located, surveyed and pat- 
 ented — to be divided according to quantity, allowing 
 to each part a fair proportion of land, water and 
 timber. Tex., 520. 
 
 — Laws for the encouragement of virtue and preven- 
 tion of vice and immorality ought to be constantly 
 kept in force and duly executed ; and a competent 
 number of schools ought to be maintained in each 
 town, for the convenient instruction of youth, and 
 one or more grammar schools be incorporated and 
 
185 
 
 properly supported, in each county in this State. 
 And all religious societies or bodies of men that may 
 be hereafter united or incorporated for the advance- 
 ment of religion and learning, or for other pious and 
 charitable purposes, shall be encouraged and pro- 
 tected in the enjoyment of the privileges, immunities, 
 and estates, which they in justice ought to enjoy 
 under such regulations as the General Assembly of 
 this State shall direct. Vt, 527. 
 — All money accruing to this State, being the pro- 
 ceeds of forfeited, deUnquent, waste and unappropri- 
 ated lands ; and of lands heretofore sold for taxes and 
 purchased by the State of Virginia, if hereafter re- 
 deemed, or sold 10 others than this State ; all grants, 
 devises or bequests that may be made to this State 
 for the purposes of education, or where the purposes 
 of such grants, devises or bequests are not specified ; 
 this State's just share of the literary fund of Virginia, 
 whether paid over or otherwise liquidated, and any 
 sums of money, stocks or property which this State 
 shall have the right to claim from the State of Vir- 
 ginia for educational purposes; the proceeds of the 
 estates of all persons who may die without leaving a 
 will or heir, and of all escheated lands ; the proceeds 
 of any taxes that may be levied on the revenues of 
 any corporation hereafter created; all moneys that 
 may be paid as an equivalent for exemption from 
 military duty, and such sums as may from time to 
 time be appropriated by the Legislature for the pur- 
 pose, shall be set apart as a separate fund, to be 
 called the school fund, and invested under such regu- 
 lations as may be prescribed by law, in the interest- 
 bearing securities of the United States, or of this 
 State, and the interest thereof shall be annually 
 applied to the support of free schools throughout the 
 State, and to no other purpose whatever. But any 
 portion of said interest remaining unexpended at the 
 close of the fiscal year shall be added to, and remain 
 a part of the capital of the school fund. W. Va., 557. 
 — The Legislature shall provide, as soon as practicable, 
 for the establishment of a thorough and efficient sys- 
 tem of free schools. They shall provide for the 
 support of such schools by appropriating thereto the 
 interest of the invested school fund ; the net proceeds 
 of all forfeitures, confiscations and fines accruing to 
 this State under the laws thereof; and by general 
 taxation on persons and property, or otherwise. 
 They shall also provide for raising, in each township, 
 by the authority of the people thereof, such a propor- 
 tion of the amount required for the support of free 
 schools therein as shall be prescribed by general 
 law.s. W. Va., 557. 
 
 — Provi.iion may be made by law for the election and 
 prescribing the powers, duties and compensation of a 
 General Superintendent of Free Schools for the State, 
 whose term of office shall be the same as that of the 
 Governor, and for a County Superintendent for each 
 county, and for the election, in the several townships, 
 by the voters thereof, such officers, not specified in 
 this Constitution as may be necessary to carry out 
 the objects of this article, and for the organization, 
 whenever it may be deemed expedient, of a State 
 Board of Instruction. W. Va., 557. 
 — The supervision of public instruction shall be vested 
 in a, State Superintendent, and such other officers as 
 the Legislature shall direct. The State Superintend- 
 ent shall be chosen by the qualified electors of the 
 State, in such manner as the Legislature shall pro- 
 vide; his powers, duties and compensation shall be 
 prescribed by law ; Provided, That this compensation 
 shall not exceed the sum of twelve hundred dollars 
 annually. Wis., 568. 
 
 — The proceeds of all lands that have been, or here- 
 after may be, granted by the United States to this 
 State, for educational purposes (except the lands 
 heretofore granted for the purposes of a university), 
 and all moneys and the clear proceeds of all pi-operty 
 that may accrue to the State by for-feiture or escheat, 
 and all monies which may be paid as an equivalent 
 for exemption for military duty, and the clear pro- 
 
 ceeds of all fines collected in the several counties for 
 any breach of the penal laws, and all monies arising 
 from any grant to the State, where the purposes of 
 such grant are not specified, and the five hundred 
 thousand acres of lands to which the State is entitled 
 by the provisions of an act of Congress entitled "An 
 act to appropriate the proceeds of the sales of the 
 public lands, and to grant pre-emption rights," 
 approved the fourth day of September, one thousand 
 eight hundred and forty-one, and also the five per 
 centum of the net proceeds of the public lands to 
 which the State shall become entitled on her admis- 
 sion into the Union (if Congress shall consent to such 
 appropriation of the two grants last mentioned), shall 
 be set apart as a separate fund, to be called the school 
 fund, the interest of which, and all other revenues 
 derived fiom the school lands, shall be exclusively 
 applied to the following objects, to wit: 
 
 1. To the support and maintenance of common 
 schools, in each school-district, and the purchase of 
 suitable libraries and apparatus therefor. 
 
 2. The residue shall be appropriated to the support 
 and maintenance of academies and normal schools, 
 and suitable libraries and apparatus therefor. 
 
 3. The Legislature shall provide by law for the 
 establishment of district schools, which shall be as 
 nearly uniform as practicable, and such schools shall 
 be free and without charge for tuition to all children 
 between the ages of four and twenty years, and no 
 sectarian instruction shall be allowed therein. 
 
 4. Each town and city sliall be required to raise 
 by tax, annually, for' the support of common schools 
 therein, a Sum not less than one-half the amount 
 received by such town or city respectively for school 
 purposes, from the income of the school fund. 
 
 5. Provisfion shall be made by law for the distribu- 
 tion of the income of the school fund among the 
 several towns add cities of the Slate, for the support 
 of common schools therein, in some just proportion 
 to the number of children and youth resident therein, 
 between the ages of four and twenty years, and no 
 appropriation shall be made from the school fund to 
 any city or town, for the year in which said city or 
 town shall fail to raise such tax, nor to any school- 
 district for the year in which a school shall not be 
 maintained at least three months. Wis., 569. 
 
 [The proceeds from the sale of lands, except such 
 parts as might be reserved for public use or ceded to 
 the United States, were declared as belonging to the 
 school fund, by the Constitution of 1821.] P. 42. 
 
 UNIVERSITIES— PROMOTION OP SCIENCE. 
 
 — The General Assembly shall make provision by 
 law for obtaining correct knowledge of the several 
 objects proper for improvement in relation to the 
 roads and navigable waters in this State, and for 
 making a systematic and economical application of 
 the means appropriated to those objects. Ala., 77. 
 — The Legislature shall take measures for the protec- 
 tion, improvement, or other disposition of such lands 
 as have been, or may hereafter be reserved or granted 
 by the United States or any person or persons, to the 
 State for the use of the university; and the funds 
 accruing from the rents or sale of such lands, or from 
 any other source for the purpose aforesaid, shall be 
 and remain a permanent fund, the interest of which 
 shall be applied to the support of said university, 
 with such branches as the public convenience may 
 demand for the promotion of literature, the arts and 
 sciences, as may be authorized by the terms of such 
 grant. And it shall be the duty of the Legislature, 
 as soon as may be, to provide effectual means for the 
 improvement and pernranent security of the funds of 
 said university. Cal, 103. 
 
 — The charter of Yale College, as modified by agree- 
 ment of the corporation thereof, in pursuance of an 
 act of the General Assembly, passed in May, 1792, is 
 hereby confirmed. Ct., 112. 
 
 47 
 
186 
 
 — The General Assembly shall have power to appro- 
 priate money for the promotion of learning and 
 science, and to provide for the education of the peo- 
 ple; and sliall provide for the early resumption of tlie 
 regular exercises of the University of Georgia, by 
 the adequate endowment of the same. Oa., 146. 
 — The university lands and the proceeds thereof, and 
 all monies belonging to said fund shall be a perma- 
 nent fund for the sole u.se of the State University. 
 The interest arising from the same shall be annually 
 appropriated for the support and benefit of said uni- 
 versity. Iowa., 192. 
 
 — The State University shall be established at one 
 place without branches at any other place, and the 
 university fund shall be applied to that institution, 
 and no other. Iowa, 192. 
 
 — The General Assembly shall take measures for the 
 protection, improvement, or other disposition of such 
 lands as have been, or may thereafter be reserved, or 
 granted by the United States, or any person or per- 
 sons, to tliis State, for the use of a university, and 
 the funds accruing from the rents or sale of such 
 lands, or from any otlier source for the purpose afore- 
 said, shall be, and remain a permanent fund, the 
 interest of which shall be applied to the support of 
 the university, for the promotion of literature, the 
 arts and sciences, as may be authorized by the terms 
 of sucli grant. And it sh.all be the duty of the Gen- 
 eral Assembly, as soon as may be, to provide effectual 
 means for the improvement and permanent security 
 of the funds of said University. Iowa, 193. 
 — The Legislature shall encourage tlie promotion of 
 intellectual, moral, soientific and agricultural improve- 
 ment, by establishing a uniform system of common 
 soliools, and schools of a higher grade, embracing 
 normal, pieparatoiy, collegiate, and university de- 
 partments. Kan.. 203. 
 
 — Provision sliall be made by law for the establish- 
 ment, at some eligible and central point, of a State 
 university, for the promotion of literature and the 
 art« and sciences, including a normal and an agricul- 
 tural department. All funds arising from the sale or 
 rents of lands granted by the United States to the 
 State for the support of a State niiiversity, and all 
 other grants, donations, or bequests, either by the 
 State or by individuals, for such purpose, shall re- 
 main a perpetual fund, to be called the "University 
 fund;" tiie interest of which shall be appropriated to 
 the support of the State university. Ean., 203. 
 — A University shall be established in the city of 
 New Orleans. It shall be composed of four Facul- 
 ties, to wit: one of Law, one of Medicine, one of the 
 Katural Sciences, and one of Letters ; the Legislature 
 shall provide by law for its organization and mainte- 
 nance. La., 2.'i6. 
 
 — All moneys arising from the sales which have 
 been, or may hereafter be made of any lands hereto- 
 fore granted by the United States to this State for 
 the use of a specific seminary of learning, or from 
 any Uind of a donation that may hereafter be made 
 for that purpose, shall be and lemain a perpetual 
 fund, the interest of which at six per cent, per annum 
 shall be appropriated to the promotion of literatuie 
 and the arts and sciences, and no law shall ever be 
 made diverting said funds to any other use than to 
 the establishment and improvement of said seminary 
 of learning; and the General Assembly shall have 
 power to raise funds for the organization and support 
 of said Seminary of learning in such manner as it 
 may deem proper. La., 236. 
 
 — A general difiusion of the advantages of education 
 being essential to the preservation of the rights and 
 liberties of the people; to promote this important 
 object, the Legislature are authorized, and it shall be 
 their duty to require the several towns to make suit- 
 able provision, at their own e.xpense, for the support 
 and maintenance of public schools, and it shall further 
 be their duty, to encourage and suitably endow, from 
 time to time, as the circumstances of the people may 
 authorize, all academies, colleges, and seminaries of 
 learning within the Slate; Provided, That no dona- 
 tion, grant, or endowment, shall at any time be made 
 
 by the Legislature, to any literary institution now 
 established, or which may hereafter be established, 
 unless, at the time of making such endowment, the 
 Legislature of the State shall have-the right to grant 
 any further powers to alter, limit or restrain any of 
 the powers vested in any such literary institution as 
 shall be judged necessary to promote the best interest 
 thereof Me., 247. 
 
 — Wisdom and knowledge, as well as virtue, dififu.sed 
 generally among the body of the people, bein>!r neces- 
 sary for the preservation of their rights and liberties; 
 and as these depend on spreading the opportunities 
 and advantages of education in the various parts of 
 the counti-y, and among the different orders of the 
 people, it shall be the duty of the Legislatures and 
 magistrates, in all future periods of this Common- 
 wealth, to cheiish the interests of literature and the 
 sciences, and all seminaries of them ; especially the 
 university at Cambridge, public .schools, and grammar 
 schools in the towns; to encourage private societies 
 and public institutions, rewards and immunities, for 
 the promotion of agriculture, art.s, sciences, commerce, 
 trades, manufactures, and a natural history of the 
 country ; to countenance and inculcate the principles 
 of humanity and general benevolence, public and pri- 
 vate charity, industry and frugality, honesty and 
 punctuahty in their dealings ; sincerity, and good 
 humor, and all social affections and generous senti- 
 ments among the people. Mass., 291. 
 — That the Legislature ought to encourage the diffu- 
 sion of knowledge and virtue, the extension of a 
 judicious system of general education, the promotion 
 of literature, the arts, science, agricultuie, commerce 
 and manufactures, and the general melioration of the 
 condition of the people. Md., 256. 
 — There shall be elected in tlie year eighteen hun- 
 dred and sixty-three, at the time of the election of a 
 Justice of the Supreme Court, eight Eegents of the 
 University, two of whom shall hold their office for 
 two years, two for four years, two for six years, and 
 two for eight years. They shall enter upon the duties 
 of their office on the first of January next succeed- 
 ing their election. At every regular election of a 
 Justice of the Supreme Court thereafter, there shall 
 be elected two Regents, whose term of office shall be 
 eight years. When a vacancy shall occur in the 
 office of Regent, it shall be filled by appointment of 
 the Governor. The Regents thus elected shall con- 
 stitute the Board of Regents of the University of 
 Michigan. Mich., 311. 
 
 — The Regents of the University and their successors 
 in office shall continue to constitute the body corpo- 
 rate, known by the name and title of " The Regents 
 of the University of Michigan." Mich., 311. 
 — The Regents of the University shall at their first 
 annual meeting, or as soon thereafter as may be, 
 elect a President of the University, who shall be ex 
 officio a member of their Board, with the privilege of 
 speaking, but not of voting. He shall preside at the 
 meetings of the Regents, and be the principal execu- 
 tive officer of the University. The Board of Regents 
 shall have the general supervision of the University, 
 and the direction and control of all expenditures from 
 the University interest fund. Mich., 311. 
 — The Legislature shall encourage the promotion of 
 intellectual, scientific, and agricultural improvement; 
 and shall, as soon as practicable, provide for the 
 establishment of an agricultural school. The Legisla- 
 ture may appropriate the twenty-two sections of salt 
 spring lands now unappropriated, or the money aris- 
 ing from the sale of the same, where such lands have 
 been already suld, and any land which may hereafter 
 be granted or appropi-iated for such purpose, for the 
 support and maintenance of such school, and may 
 make the same a branch of the University for instruc- 
 tion in agriculture and the natural sciences connected 
 therewith, and place the same under the supervision 
 of the Regents of the University. Mich., 311. 
 — The location of the University of Minnesota, as 
 established by existing laws, is hereby confirmed and 
 said institution is hereby declared to be the Univer- 
 sity of the State of Minnesota. All the rights, immu- 
 
187 
 
 nities, franchises and endowniients heretofore granted 
 or conferred, are hereby perpetuated unto the said 
 University, and all laiids which may be granted 
 hereafter by Congress, or otlier donation?, fur said 
 University purposes, shall vest in the institution 
 referred to in this section. Minn., 326. 
 — The General Assembly shall also establish and 
 maintain a State University, with departments for 
 instruction in teaching, in agriculture, and in natural 
 science, as soon as the public school fund will permit. 
 Mo., 3G0. 
 
 — The Legislature shall provide for the establishment 
 of a State University, which shall embrace depart- 
 ments for agriculture, mechanic arts and mining, to 
 be controlled by a Board of Eegents, whose duties 
 shall be prescribed by law. Nev., 390. 
 — The Legislature shall provide a special tax of one- 
 half of one mill on the dollar of all taxable property 
 iu the State, in addition to the other means provided 
 for the support and maintenance of said university 
 and common scliools: Provided, That at the end of 
 ten years they may reduce said tax to one-quarter of 
 one mill on each dollar of taxable property. iVej.'., 390. 
 — The Grovernor, Secretary of Stale and Superin- 
 tendent of Public Instruction shall, for the first four 
 years, and until their successors are elected and 
 qualified, constitute a Board of Regents, to control 
 and manage the affairs of the University and the 
 funds of the same, under such regulations as may be 
 provided by law. But the Legislature shall, at its 
 regular session next preceding the expiration of the 
 term of office of the said Board of Regents, provide 
 for the election of a new Board of Regents and de- 
 fine their duties. Nev., 390. 
 
 — The Board of Regents shall from the interest ac- 
 cruing from the first funds which come under their 
 control, inimediately organize and maintain the said 
 mining department in such manner as to make it the 
 most effective and useful ; Provided, That all the pro- 
 ceeds of the public lands donated by act of Congress 
 approved July second, eighteen hundred and sixty- 
 two, for a college for the benefit of agriculture, tlie 
 mechanic arts, and including military taolics, shall be 
 invested by the said Board of Regents in a separate 
 fund, to be appropriated exclusively to the benefit of 
 the first named departments to the University, as set 
 forth in section four above, and the Legislature shall 
 provide that if, through neglect or any other contin- 
 gency, any portion of the fund so set apait shall be 
 lost or misappropriated, the State of Nevada shidl re- 
 place said amount so lost or misappropriated in said 
 fimd, so tliat the principal of said fund shall remain 
 foi'ever undiminished. Nev., 390. 
 — Knowledge and learning, generally diffused through 
 a community, being essential to the preservation of a 
 free government; spreading the opportunities and 
 advantages of educaiion through the various p:irts of 
 the country being highly conducive to promote this 
 end, it shall be the duty of the Legislatures and 
 magistrates, in all future perio 's of this government, 
 to cherish the interests of literature and the science.', 
 and all seminaries and public schools; to encourage 
 private and public institutions, rewards and irnniimi- 
 ties for the promotion of agriculture, arts, sciences, 
 commerce, trade, manufactures and natural history 
 of tlie country; to countenance and inculcate the 
 principles of humanity and general benevolence, 
 public and private charity, industry and economy, 
 honesty and punctuality, sincerity, sobriety, and all 
 social affections and generous sentiments among the 
 people. N. K, 409. 
 
 — The Governor, Secretary of State and State Treas- 
 urer, shall constitute a Board of Commissioners for 
 the sale of school and university lands, and fiir the 
 inve.stment of tlie funds ari.sing therefrom, and their 
 powers and duties shall be such as may be prescribed 
 by law; Provided, That no part of the university 
 fiinds, or of the interest arising therefrom, shall be 
 expended until the period of ten years from the 
 adoption of this Constitution, unless the same shall 
 be otherwi.se disposed of, by the consent of Congress, 
 for com-mon school purposes. Or., 456. 
 
 — The arts and sciences shall be promoted in one or 
 more seminaries of learning. Pa., 4G6. 
 — The above provisions shall not be con.strned to pre- 
 vent the Legislature from carrying into efi'ect any laws 
 which have been passed in favor of the collegrs, uni- 
 versities or academies, or from authorizing heirs or 
 distributees to receive and enjoy e.';chea(ed propertj', 
 under such rules and reaulations as, fiom time to time, 
 may be prescribed by law. Tenn., 500. 
 — The money and lands heretofore granted to, or 
 which may hereafter be granted for the endownu-nt 
 and support of one or more universities, shall consti- 
 tute a special fund for the maintenance of said 
 universities, and until the university or universities 
 are located and commenced, the principal and the 
 interest arising from tlie investment of the principal, 
 shall be vested in like manner, and under the same 
 restrictions as provided for the investment and con- 
 trol of the perpetual public school fund, in .section 
 four and five (4 and 5) in this article of the Consti- 
 tution, and the Legislature shall have no power to 
 appropriate the university fund for any other purnose 
 than that of the maintenance of said universities, and 
 the Legislature shall, at an early da)', make such pro- 
 visions, by law, as will orgiinize and put into opera- 
 tion the university. Tex., 519. 
 
 — The Legislature shall foster and encourage moral, 
 intellectual, scientific and agricultural improvement; 
 they shall, whenever it may be priicticable, make 
 suitable provision for the blind, mute and insane, and 
 for the organization of such institutions of learning as 
 the best interests of general education in the. State 
 may demand. W. Va., 557. 
 
 — Provision shall be made by law for the establish- 
 ment of a State university, at or near the seat of State 
 government, and for connecting with the same fiom 
 time to time, such colleges m different parts of the 
 State, as the interests of eilucation may require. The 
 proceeds of all lands that have been or may hereafter 
 be granted by the United States to the State (iir the 
 .support of ii university, shall be and remain a per- 
 petual fund, to be called the "univer.sity fimd," the 
 interest of which shall be appropriated to the support 
 of the State university, and no sectarian instruction 
 shall be allowed in such imiversity. Wis., 569. 
 — The Secretary of State. Treasurer, and Attorney- 
 General shall constitute a Board of Commissioners for 
 the sale of the school and university lands, and for the 
 investment of the funds arising therefrom. Any two 
 cf said Commissioners shall be a quorum for the 
 transaction of all business pertaining to the duties of 
 their office. Wis, 569. 
 
 — Provisiun shall be made by law for the sale of all 
 school and university lands, after they shall have 
 been appraised, and when any portion of such lands 
 shall be sold, and the purchase-money shall not be 
 paid at the time of the sale, the Commissioners shall 
 take security by mortgage upon the land sold for the 
 sum remaining unpaid, with seven per cent interest 
 thereon, payable annually at the office of tite Treas- 
 urer. The Commissioners shall be authorized to exe- 
 cute a good and sutiicient conveyance to all purchasers 
 of such lands, and to discharge any mortgages taken 
 as securit}', when the sum due thereon shall hare 
 been paid. The Commissioners shall have power to 
 withhold from .sale any portion of such lands when 
 they shall deem it expedient, and shall invest all 
 moneys arising from the sale of such lands, as well 
 as all other university and school funds, in snch man- 
 ner as the Legislature shall proviile, and shall give 
 such security for the faithful perllTinance of their 
 duties as may be required by law. Wis., 569. 
 
 LIBRARIES. 
 
 — The State Librarian shall be elected by a joint vote 
 of the two branches of the General Assembly fiir four 
 years, and until iiis successor shall be elected and 
 qualified. His salary sliall be fifteen hundied dollars 
 per .annum, and tlie General Assembly shall pa-s no 
 law whereby he shall receive any additional compen- 
 
188 
 
 AETICLE X. 
 
 1 Section 1. Sheriffs, clerks of counties, including the Eegister and Clerk of 
 
 2 the city and county of New York, Coroners, and District Attorneys, shall be 
 
 3 chosen by the electors of the respective counties, once in every three years 
 
 4 and as often as vacancies shall happen. Sheriffs shall hold no other oflBce, and 
 
 5 be ineligible for the next three years after the termination of their oflSces. 
 
 6 They may be required by law to renew their security from time to time ; and 
 
 7 in default of giving such new security, their offices shall be deemed vacant. 
 
 8 But the county shall never be made responsible for the acts of the Sheriff. 
 
 9 The Governor may remove any officer in this section mentioned, within the 
 
 10 term for which he shall have been elected ; giving to such officer a copy of the 
 
 11 charges against him, and an opportunity of being heard in his defense. 
 
 sation. He shall perform such duties as are now or 
 may hereafter be prescribed by law. In case of a 
 vacancy in the ofiSce of State Librarian from death, 
 resignation or other cause, the Grovernor shall iill 
 such vacancy until the next meeting of the General 
 Assembly thereafter, and until a successor be elected 
 and qualified. Md., 273. 
 
 — The Legislature shall also provide for the establish- 
 ment of at least one librarian in each township ; and 
 all fines assessed and collected in the several counties 
 and townships for any breach of the penal laws, shall 
 be exclusively applied to the support of such libraries. 
 Mich., 311. 
 
 COUNTY AND TOWN OFFICERS. 
 
 — That town clerks, supervisors, assessors, constables, 
 collectors, and all other officers, heretofore eligible by 
 the people shall always continue to be so eligible, in 
 the manner directed by the present or future acts of 
 the Legislature". N. Y. {ViTJ), 31. 
 
 [The provisions embraced in section one of article 
 ten are copied from the New York Constitution of 
 1821.] 
 
 — That loan officers, county treasurers, and clerks of 
 the supervisors, continue to be appointed in the 
 manner directed by the present or future acts of the 
 Legislature. N. Y. (1777), 31. 
 
 — That slieriffs and coroners be annually appointed ; 
 and that no person shall be capable of holding either 
 of the said offices more than four years successively ; 
 tlor the sheriff of holding any other office at the 
 same time. N. Y. (1777), 30. 
 
 -^The clerks of courts, except those clerks whose 
 appointment is provided for in the preceding sec- 
 tion, shall be appointed by the courts of which they 
 respectively are clerks ; and district attorneys, by the 
 County Courts. Clerks of courts and district attor- 
 neys shall hold their offices for three years, unless 
 sooner removed by the courts appointing them. N. 
 Y. (1821), 39. 
 
 — So many coroners as the Legislature may direct, 
 not exceeding four in each county, shall be elected 
 in the same manner as sheriffs, and shall hold their 
 offices for the same term, and be removable in like 
 manner. N. Y. (1821), 40. 
 
 ^-A Sheriff shall be elected in each county, by the 
 qualified electors thereof, who shall hold his office for 
 the term of three years, unless sooner removed, and 
 shall not be eligible to serVe, either as principal or 
 deputy, for any two successive terms. Vacancies in 
 
 the office of Sheriff shall be filled by the Governor, 
 as in other cases ; and the person so appointed shall 
 continue in office until the next general election in 
 the county for Sheriff as by law provided. Ala., 81. 
 — The qualified voters of each township shall elect 
 one Constable for the term of two years, who shall 
 hold his office till his successor is elected and quali- 
 fied, who shall during his continuance in office, reside 
 in the township for which he was elected. Incor- 
 porated towns may have a separate Constable and a 
 separate Magistracy. Arh., 92. 
 
 — The qualified voters of each county shall elect one 
 Sheriff, one Coroner, and one County Surveyor, for 
 the term of two years, and until their successors are 
 elected. They shall be commissioned by the Gover- 
 nor, reside in their respective counties during their 
 continuance in office, and be disqualified for the office 
 a second term, if it should appear that they or either 
 of them are in default for moneys collected by virtue 
 of their respective offices. Arh., 97. 
 — A Sheriff shall be appointed in each county by the 
 electors therein, in such manner as shall be prescribed 
 by law, who shall hold his office for three years, re- 
 movable by the General Assembly, and shall become 
 bound with sufficient sureties to the Treasurer of the 
 State, for the faithful discharge of the duties of his 
 office. Ct., 115. 
 
 — The Sheriff and Coroner of each county shall be 
 chosen by the citizens residing in such county. They 
 shall hold their respective offices for two years, if so 
 long they behave themselves well, and until succes- 
 sors be duly qualified ; but no person shall be twice 
 chosen Sheriff upon election by the citizens in any 
 term of four years. They shall be commissioned by 
 the Governor. The Governor shall fill vacancies in 
 these offices by appointments to continue until the 
 next election, and until successors shall be duly 
 qualified. The Legislature, two-thirds of each branch 
 concurring, may rest the appointment of Sheriffs and 
 Coroners in the Governor; but no person shall be 
 twice appointed Sheriff in any term of six years. 
 Del, 125. 
 
 —County Judges, Clerks, Sheriffs, and other county 
 officers for willful neglect of duty, or misdemeanor in 
 office, shall be liable to presentment or indictment by 
 a grand jury, and trial by a petit jury ; and, upon 
 conviction, shall be removed from office. Ill, 161. 
 — There shall be elected in each county, by the voters 
 thereof, at the time of holding general elections, a 
 Clerk of the Circuit Court, Auditor, Recorder, Treas- 
 urer, Sheriff, Coroner, and Surveyor. The Clerk, 
 Auditor, and Recorder, shall continue ia office four 
 
189 
 
 1 S 2. All county oflQcers whose election or api)ointment is not provided for 
 
 2 by this Constitution, shall bo elected by the electors of the respective counties, 
 
 3 or appointed by the Board of Supervisors, or other county authorities, as the 
 
 4 Legislature shall direct. All city, town and village officers, whose election or 
 6 appointment is not provided for by this Constitution, shall be elected by the 
 
 6 electors of such cities, towns and villages, or of some division thereof, or 
 
 7 appointed by such authorities thereof as the Legislature shall designate for 
 
 8 that purpose. All other officers whose election or appointment is not provided 
 
 9 for by this Constitution, and all officers whose offices may hereafter be created 
 
 10 by law, shall be elected by the people, or appointed as the Legislature may 
 
 11 direct. 
 
 years; and no person shall be eligible to the office of 
 Clerk, Recorder, or Auditor, more than eight years 
 in any period of twelve years. The Treasurer, Sheriff, 
 Coroner, and Surveyor, shall continue in office two 
 years; and no person shall be eligible to the office of 
 Treasurer or Sheriff more than four years in any 
 period of six years. Ind., 176. 
 
 — There shall be elected in each county in this State, 
 by the qualified electors thereof, a Sheriff, v/^ho shall 
 hold his office for the term of two years, and until 
 his successor shall have been elected and qualified : 
 Provided, no person shall be eligible to the said office 
 more than once in four years. 111., 163. 
 — No person shall be elected or appointed as a county 
 officer who shall not be an elector of the county; nor 
 any one who shall not have been an inhabitant 
 thereof during one year next preceding his appoint- 
 ment, if the county shall have been so long organized ; 
 but if the county shall not have been so long organ- 
 ized, then within the limits of the county or counties 
 out of which the same shall have been taken. Ind., 
 176. 
 
 — Vacancies in county, township and town offices, 
 shall be filled in such manner as shall be prescribed 
 by law. Ind., 176. 
 
 — Such other county and township officers as may be 
 necessary, shall be elected or appointed in such man- 
 ner as may be prescribed by law. Ind., 176. 
 — The Legislature shall provide for such county and 
 township officers as may be necessary. Kan., 203. 
 — All county officers shall hold their offices for the 
 term of two years, and until their successors shall be 
 qualified ; but no person shall hold the office of 
 Sheriff or County Treasurer for more than two con- 
 secutive terms. Kan., 203. 
 
 — All county and township officers may be removed 
 from office, in such manner and for such cause as shall 
 be prescribed by law. Kan., 203. 
 — There shall be elected in each organized county a 
 Clerk of the District Court, who shall hold his office 
 two years, and whose duties shall be prescribed by 
 law. Kan., 201. 
 
 —No person shall be eligible to the offices mentioned 
 in this article, who is not at the time twenty-four 
 years old (except Clerks of County and Circuit Courts, 
 Sheriffs, Constables and County Attorneys, who 
 shall be eligible at the age of twenty-one years), a 
 citizen of the United States, and who has not resided 
 two years next preceding the election, in the State, 
 and one year in the county or district for which he is 
 a candidate. No person shall be eligible to the office 
 of Commonwealth's or County Attorney, unless he 
 shall have been a licensed practicing Attorney for' 
 two years. Ky., 218. 
 
 48 
 
 — The General Assembly may provide for the election 
 or appointment, for a term not exceeding four years, 
 of such other county or district ministerial and exe- 
 cutive officers as shall, from time to time, be necessary 
 and proper. Ky., 219. 
 
 — A Sheriff shall be elected in each county, by the 
 qualified voters thereof, whose term of office shall, 
 after the first term, be two years, and until his suc- 
 cessor be qualified ; and he shall be re-eligible for a 
 second term; but no Sheriff shall, after the expira- 
 tion of the second term, be re- eligible, or act as 
 deputy, for the succeeding term. The first election 
 of Sheriff shall be on the second Monday in May, 
 1851 ; and the Sheriffs then elected shall hold tbeii 
 offices until the first Monday in January, 1853, and 
 until their successors be qualified: and on the first 
 Monday in August, 1852, and on the first Monday of 
 August in every second year thereafter, elections for 
 Sheriffs shall be held: Provided, That the Sheriffs 
 first elected shall enter upon the duties of their 
 respective offices on the first Monday in June, 1851, 
 and after the first election on the first Monday in 
 January next succeeding their election. Ky., 218. 
 — Officers for towns and cities shall be elected for 
 such terms, and in such manner, and with such 
 qualifications as may be prescribed by law. Ky., 219. 
 — Clerks, Sheriffs, Surveyors, Coroners, Constables, 
 and Jailors, and such other officers as the General 
 Assembly may from time to time require, shall, 
 before they enter upon the duties of their respective 
 offices, and as often thereafter as may be deemed 
 proper, give such bond and security as shall be pre- 
 scribed by law. Ky., 219. 
 
 — A Sheriff and a Coroner shall be elected in each 
 parish by the qualified voters thereof, who shall hold 
 their offices for the term of two years. The Legisla- 
 ture shall have the power to increase the number of 
 Sheriffs in any parish. Should a vacancy occur in 
 either of these offices subsequent to an election, it 
 shall be filled by the Governor, and the person so 
 appointed shall continue in office until his successor 
 shall be elected and qualified. La., 232. 
 — [Sheriffs, Coroners, &c., appointed by the Gover- 
 nor and Council.] Me., 244. 
 
 — There shall be elected in each county, and in the 
 city of Baltimore, in every second year, one person, 
 resident in said county or city, above the age of 
 twenty-five years, and at least five years preceding 
 his election, a citizen of this State, to the office of 
 Sheriff. He shall hold his office for two years and 
 until his successor is duly elected and qualified ; shall 
 be ineligible for two years thereafter ; shall give such 
 bond, exercise such powers and perform such duties 
 as now are or may hereafter be fixed by law. In 
 
190 
 
 case of a- vacancy by death, refusal to serve or neglect 
 to qualify or give bond, by disqualification or removal 
 from the county or city, the Governor shall appoint 
 a person to be Sheriff for the remainder of the ofi&cial 
 term. Md., 270. 
 
 — Coroners, EKsors, and Notaries Public may be 
 appointed for each county and the city of Baltimore, 
 in the manner, for the purposes, and with the powers 
 now fixed or which may hereafter be prescribed by 
 law. Md., 270. 
 
 — The Legislature shall prescribe, by general law, for 
 the election of Sheriffs, Registers of Probate, Com- 
 missioners of Insolvency, and Clerks of the Courts, 
 by the people of the several counties, and that Dis- 
 trict Attorneys shall be chosen by the people of the 
 several districts, for such term of office as the Legis- 
 lature shall prescribe. Mass., 298. 
 — No person shall be capable of holding or exercising 
 at the same time, within this State, more than one of 
 the following offices, viz. : Judge of Probate, Sheriff, 
 Register of Probate, or Register of Deeds ; and never 
 more than any two offices, which are to be held by 
 appointment of the Governor, or the Governor and 
 Council, or the Senate, or the House of Representa- 
 tives, or by the election of the people of the State at 
 large, or of the people of any county, military offices 
 and the offices of Justices of the Peace excepted, 
 shall be held by one person. Mass., 292. 
 — There shall be elected annually, on the first Monday 
 of April, in each organized township, one Supervisor, 
 one Township Clerk, who shall be ex offi.ck> School 
 In.'ipector, one Commissioner of Highwayp, one Town- 
 ship Treasurer, one School Inspector, not exceeding 
 four Constables, and one Overseer of Highways for 
 each highway district, whose powers and duties shall 
 be prescribed by law. Mich., 309. 
 — In each organized county there shall be a Sheriff, 
 a County Clerk, a County Tieasurer a Register of 
 Deeds, and a Prosecuting Attorney, chosen by the 
 electors thereof, once in two years, and as often as 
 vacancies shall happen, whose duties and powers shall 
 be prescribed by law. The Board of Supervisois in 
 any county may unite the offices of County Clerk 
 and Register of Deeds in one office, or disconnect the 
 same. Mich., 309. 
 
 — The Sheriff, County Clerk, County Treasurer, 
 Judge of Probate, and Register of Deeds, shall hold 
 their offices at the county seat. Mich., 309. 
 — The Sheriff shall hold no other office and shall be 
 incapable of holding the office of Sheriff longer than 
 four in any period of six years. He may be required 
 by law to renew his security from time to time, and 
 in default of giving such security, his office shall be 
 deemed vacant. The county shall never be responsi- 
 ble for his acts. Mich., 309. 
 
 — Provision shall be made by law for the election of 
 such county or township officers as may be necessary. 
 Min., 328. 
 
 — A Sheriff, and one or more Coroners, aTreasurer, 
 Surveyor, and Ranger shall be elected in each county 
 by the qualified electors thereof, who shall hold their 
 offices for two years, unless sooner removed ; except 
 that the Coroner shall hold his office until his suc- 
 cessor be duly qualified. Miss., 342. 
 ^-There shall be elected by the qualified voters in 
 each county, at the time and places of electing Repre- 
 sentatives, a Sheriff and a Coroner. They shall serve 
 for two years, and until a successor be duly elected 
 and qualified, unless sooner removed for malfeasance 
 in office, and shall be ineligible four years in any 
 period of eight years. Before entering on the duties 
 of their office they shall give security in such amount, 
 and in such manner, as shall be prescribed by law. 
 Whenever a county shall be hereafter established, 
 the Governor shall appoint a Sheriff and a Coroner 
 tlierein, who shall continue in office until the next 
 succeeding general election, and until a successor shall 
 be duly elected and qualified. Mo., 356. 
 — Whenever a vacancy shall happen in the office of 
 Sheriff or Coroner, the same shall be filled by the 
 County Court. If such vacancy happen in the office 
 of Sheriff more than nine months prior to the time of 
 
 holding a general election, such County Court shall 
 immediately order a special election to fill the same ; 
 and the person by it appointed shall hold office until 
 the person chosen at such election shall be duly quali- 
 fied; otherwise the person appointed by such County 
 Court shall hold office until the person chosen at siich 
 general election shall be duly qualified. If any 
 vacancy happen in the office of Coroner, the same 
 shall be filled, for the remainder of the term, by such 
 County Court. No person elected or appointed to 
 fill a vacancy in either of said offices shall thereby be 
 rendered ineligible for the next succeeding term. Mo., 
 357. 
 
 — In all elections for Sheriff and Coroner, when two 
 or more person^ have an equal number of votes, and 
 a higher than any other person, the Presiding Judge 
 of tiie County Court of the County shall give the 
 casting vote; and all contested elections for the said 
 offices shall be decided by the Circuit Court of the 
 proper county, in such manner as the General 
 Assembly may, by law, prescribe. Mo., 357. 
 — In the absence of any contrary provision, all officers 
 now or hereafter elected or appointed, shall hold office 
 during their official term, and until their successors shall 
 be duly elected or appointed, and qualified. Mo., 362. 
 — The Legislature shall establish a system of county 
 and township government, which shall be uniform 
 throughout the State. Nev., 383. 
 — The Legislature shall provide for the election by 
 the people of a Clerk of the Supreme Court, County 
 Clerk, County Recorder, who shall be ex officio County 
 Auditor, District Attorneys, Sheriffs, County Sur- 
 veyors, Public Administrators, and other necessary 
 officers, and fix by law their duties and compensa- 
 tion. County Clerks shall be ex officio Clerks of the 
 Courts of Record and of the Board of County Com- 
 missioners in and for their respective counties. Nev., 
 383. 
 
 — The County Treasurers and Registers of Deeds 
 shall be elected by the inhabitants of the several 
 towns, in the several counties in the State, according 
 to the method now practiced, and the law of the 
 State. N. H., 408. 
 
 — Provided, nevertheless. The Legislature shall have 
 authority to alter the manner of certifying the votes 
 and the mode of electing those officers, but not so as 
 to deprive the people of the right they now have of 
 electing them. N. K, 408. 
 
 — Clerks and Sui-rogates of Counties shall be elected 
 by the people of their respective counties, at the 
 annual elections for members of the General Assembly. 
 
 They shall hold their offices for five years. N. J., 
 419. 
 
 — Sheriffs and Coroners shall be elected annually, by 
 the people of their respective counties, at the annual 
 elections for members of the General Assernblv. 
 
 They may here-elected until they have sfrved 
 three years, but no longer ; after which, three years 
 must elapse before they can be again capable of serv- 
 ing. N. J., 419. 
 
 — That there shall be a Sheriff, Coroner or Coroners, 
 and Constables, in each county within this State. 
 N. a, 426. 
 
 ^There .shall be elected in each county, by the quali- 
 fied electors thereof, at the time of holding geneial 
 elections, a County Clerk, Treasurer, Sheriff, Coroner 
 and Surveyor, who shall severally hold their offices 
 for the term of two years. Or., 453. 
 — A Sheiiff shall be elected in each county for the 
 term of two years, who shall be the ministerial officer 
 of the Circuit and County Courts, and shall perform 
 such other duties as may be prescribed by law. 
 Or., 455. 
 
 — Such other county, township, precinct and city 
 officers as may be necessary, shall be elected, or 
 appointed in such manner as may be prescribed by 
 law. Or., 454. 
 
 — County officers shall be elected an the second Tues- 
 day of October, until otherwise directed by law, by 
 the qualified electors of each county, in such manner 
 and for such term, not exceeding three years, as may 
 be provided by law. Ohio 440. 
 
191 
 
 —Township officers shall be elected on the first Mon- 
 day of April, annually, by the qualified electors of 
 their respective townships, and shall hold llieir offices 
 for one year, from the Monday next succeeding their 
 election, and until their successors are qualified. 
 Ohio, 440. 
 
 —No person shall be eligible to the office of Sheriff 
 or County Treasury for more than four years, in any 
 period of six years. Ohio, 440. 
 — The G-enei'al Assembly shall provide, by law, for 
 the election of such comity and townships officers as 
 may be necessary. Ohio, 440. 
 
 — Sheriffs and Coroners shnll, at the times and places 
 of election of Representatives, be chosen by the citi- 
 zens of each county. One person shall be chosen for 
 each office, who shall be commissioned by the Gover- 
 nor. They shall hold their offices for three years, if 
 they shall so lonpf behave themselves well, and until 
 a successor be duly quiilifled ; but no person shall be 
 twice chosen or appointed Sheriff in any terra of 
 six years. Vacancies in either of the said offices shall 
 be filled by an appointment, to be made by the Gov- 
 ernor, to continue until the next general election, and 
 until a successor shall be chosen and qualified as 
 aforesaid. Pa., 465. 
 
 — All otVier officeis shall be appointed as they hitherto 
 have been, until otherwise directed by law; but the 
 same person shall not hold the office of Sheriff for two 
 consecutive terms. iS. C, 487. 
 
 — There shall be elected in each county, by the quali- 
 fied voters therein, one Sheriff, one Trustee, and one 
 Eegister ; the Sheriff and Tr\istee for two years, and 
 the Registfiv for i'our years ; Provided, That no person 
 shall be eligible to the office of Sheriff more than six 
 years in any term of eiglit years. There shall be 
 elected for each county, by the Justices of the Peace, 
 one Coroner and one Ranger, who shall hold their 
 offices for two years. Snid officers shall be removed 
 for malfeasance, or neglect of duty, in such manner as 
 may be prescribed by law. Tenn., 497. 
 — Should a vacancy occur, subsequent to an election, 
 in the office of Sheriff, Trustee, or Register, it shall 
 be filled by the Justices; if in that of the clerks to be 
 elected by the people, it shall be filled by the courts ; 
 and the person so appointed shall continue in office 
 until his successor shall be elected and qualified ; and 
 such office shall be filled by the qualified voters at the 
 first election for any of the county officers. Term., 
 497. 
 
 —The Legislature shall provide, that the election of 
 the county and other officers by the people, shall not 
 take place at the sacne time that the general elections 
 are held for members of Congress, members of the 
 Legislature, and G-overnor. The elections shall com- 
 mence and terminate on the same day. Tenn., 497. 
 — There shall be elected for each county, by the 
 qualified voters, a County Clerk, who shall hold his 
 office fyr four years, who shall be the Clerk of the 
 County and Police Courts, whose duties and per- 
 quisites, and fees of office shall be prescribed by the 
 Leo-islature, and a vacancy in whose office shall be 
 filled by the Judge of the County Court, until the 
 next general election for county or State officers, who 
 may be removed fiom office for such cause and in 
 such manner as may be prescribed by law. Tex., 512. 
 — Sheriffs and High Bailiffs shall be elected by the 
 freemen of their respective counties. Vt, 529. 
 — The voters of each county shall elect a Cleric of 
 the County Court, a Surveyor, an Attorney for the 
 Commonwealtli, a Sheriff, and so many Commission- 
 ers of the Revenue as may be authorized by law, 
 who shall hold their respective offices as follows: The 
 Clerk, the Commissioner of the Revenue, and the 
 Surveyor for the term of six years; the Attorney for 
 the term of four years, and the Sheriff for the term 
 of two year!?. Constables and Overseers of the Poor 
 shall be elected by the voters as may be prescribed 
 by law. Va., 543. 
 
 -^The officers mentioned in the preceding section, 
 except the Attorneys, shall resiOe in the counties or 
 districts for which they were respectively elected. 
 No person elected for two successive terms to the 
 
 office of Sheriff shall be re-eligible to the same office 
 for the next succeeding term; nor shall he, during 
 his term of service, or within oue year thereafter, he 
 eligible to any political office. Va., 544. 
 — All officers appertaining to the cities and other 
 municipal corporations, shall be elected by the 
 qualified voters, or appointed by the constituted 
 authorities of such citie.=, or corporations, as may be 
 prescribed by law. Va., 544. 
 
 — The voters of every county shall elect a Sheriff, 
 Prosecuting Attorney, Surveyor of Lands, Recorder, 
 one or more Assessors, and such other county officers 
 as the Legislature may from time to time direct or 
 authorize; the duties of all of whom .»hall be pre- 
 scribed and defined, as far as practicable, by general 
 laws. All the said county officers shall hold their 
 offices for two years, except the Shei-iff, whose term 
 of office shall be four years. The same person shall 
 not be elected Sheriff for two consecutive full terms, 
 nor shall any person who has acted as deputy of any 
 Sheriff be elected his successor, nor shall any Sheriff 
 act as the deputy of his successor; but the retiring 
 Sheriff shall finish all business remaining in his hands 
 at the expiration of his term, for which purpose his 
 commission and official bond shall continue in force. 
 The duties of all the said officers shall be discharged 
 by the incumbents thereof in person, or under their 
 supeiintendence. The Board of Supervisors shall 
 designate one or more Constables of their respective 
 counties to serve process and levy executions, when 
 the Sheriff thereof is a party defendant in a suit insti- 
 tuted therein, or is under any other disability. W. 
 Va., 554. 
 
 — Sheriffs, Coroners, Registers of Deed.s, and District 
 Attorneys shall be chosen by the electors of tlie 
 respective counties, once in every two years, and as 
 often as vacancies shall happen. Sheriffs shall hold 
 no other office, and be ineligible for two years next 
 succeeding the termination of their offices. They 
 may be required by law to renew their security from 
 time to time ; and in default of giving such new 
 security, their offices shall be deemed vacant. But 
 the county shall never be made responsible for the 
 acts of the Sheriff. The Governor may remove any 
 officer in this section mentioned, giving to such officer 
 a copy of the charges against him, and an opportunity 
 of being heard in his defense. Wis., 565. 
 — All county officers whose election or appointment 
 is not provided for by this Constitution, shall be elec- 
 ted by the electors of the respective counties, or 
 appointed by the Boards of Supervisors or other 
 county authorities, as the Legislature shall direct. 
 All city, town and village officers whose election or 
 appointment is not provided for by this Constitution 
 shall be elected by the electors of such cities, towns 
 and villages, or of some division thereof, or appointed 
 by such authorities thereof as the Legislature shall 
 designate for that purpose. All other officers whose 
 election or appointment is not provided for by this 
 Constitution, and all officers whose offices may here- 
 after be created by law shall be elected by the peo- 
 ple, or appointed as the Legislature may direct. Wis., 
 571. 
 
 — Each town shall annually elect Selectmen, and such 
 officers of local police as the laws may prescribe. 
 Ct, 113. 
 
 — ^Each county, town, city and incorporated village, 
 shall make provision for the support of its own offi- 
 cers, subject to such regulations as may be prescribed 
 by law. Nev., 395. 
 
 • — -AH deeds and conveyances of land shall be recorded 
 in the Town Clerk's office, in their respective towns, 
 and for want thereof in the County Clerk's office of 
 the same county. Vt, 526. 
 
 — The Legislature shall, at their first session, by gen- 
 eral laws, provide for carrying into effect the foregoing 
 provisions of this article. They shall also provide 
 for commissioning such of the officers therein men- 
 tioned as they may deem proper, and may require 
 any class of them to give bond with security for the 
 faithful discharge of the duties of their respective 
 offices, and for accounting for and paying over, as 
 
192 
 
 required by law, all money which may come to their 
 hands by virtue thereof. They shall further provide 
 for the compensation of the said officers by fees, or 
 from the county treasury; and for the appointment, 
 when necessary, of deputies and assistants, whose 
 duties and responsibilities shall be prescribed and 
 defined by general laws. When the compensation 
 of an officer is paid from the county treasury, the 
 amounts shall be fixed by the Board of Supervisors, 
 within limits to be ascertained by law. W. Va., 555. 
 
 SUPERTISORS —COUNTY COMMISSIONERS. 
 
 — The General Assembly shall have power to estab- 
 lish in each county a Board of Commissioners, for the 
 regulation of the county business therein. Fl, 135. 
 — The Legislature shall have power to provide for 
 the election of a Board of Supervisors in each county ; 
 and these Supervisors shall jointly and individually 
 perform such duties as may be prescribed by law. 
 Cal, 104. 
 
 — The County boards shall have power to provide 
 farms as an asylum for those persons who, by reason 
 of age, infirmity, or other misfortune, may have claims 
 upon the sympathies and aid of society. Ind., 178. 
 — The General Assembly may confer upon the Boai-ds 
 doing county business in the several counties, powers 
 of a local administrative character. Ind., 176. 
 — The Legislature may confer upon tribunals trans- 
 acting the county business of the several counties 
 such powers of local legislature and administration as 
 it shall deem expedient. Kan., 200. 
 — The General Assembly shall provide by law for 
 the appointment of Road Supervisors in the several 
 counties by the County Commissioners, and the num- 
 ber of said Supervisors, as well as their powers and 
 duties in the several counties, shall be determined by 
 the said County Commissioners. Md., 274. 
 — The County Commissioner shall be elected, on a 
 general ticket, by the qualified voters of the several 
 counties in this State ; an election for County Com- 
 missioners shall be held on the Tuesday next after 
 the first Monday in the month of November, eighteen 
 hundred and sixty-five, and as nearly one-half as may 
 be of said Commissioners shall hold their office for 
 two years, and the other half for four years. At the 
 first meeting after their election and qualification, or 
 as soon thereafter as practicable, the said commis- 
 sioners shall determine by lot which of their number 
 shall hold office for two and four years respectively ; 
 and thereafter there shall be elected as aforesaid, at 
 each general election for county officers. County Com- 
 missioners for four years, to fill the places of those 
 whose term has expired. The said commissioners 
 shall exercise such powers and perform such duties 
 (which shall be similar throughout the State) as are 
 now or may hereafter be prescribed by law. Their 
 number in each county, and their compensation, their 
 powers and duties, may at any time hereafter be 
 changed and regulated by the General Assembly. 
 Md., 274. 
 
 — A Board of Supervisors, consisting of one from 
 each organized township, shall be established in each 
 county, with such powers as shall be prescribed by 
 law. Mkh., 309. 
 
 — Cities shall have such representation in the Board 
 cf Supervisors of the counties in which they are 
 situated, as the Legislature may direct. Mkh., 309. 
 — The Board of Supervisors, or, in the county of 
 Wayne, the Board of County Auditors, shall have 
 the exclusive power to prescribe and fi.x; the compensa- 
 tion for all services rendered for, and to adjust all 
 claims against their respective counties, and the sum 
 so fixed or defined shall be subject to no appeal. 
 Mich., 309. 
 
 — The Board of Supervisors of each organized county 
 may provide for laying out highways, constructing 
 bridges,and organizing townships, under such restric- 
 tions and limitations as shall be prescribed by law. 
 Mkh., 309. 
 — The Legislature may confer upon organized town- 
 
 ships, incorporated cities and villages, and upon the 
 Board of Supervisors of the several counties, such 
 powers of a local, legislative and administrative char- 
 acter as they may deem proper. Mkh., 304. 
 — The qualified electors of each county shall elect five 
 persons by districts, for the term of two years, who 
 shall constitute a Board of Police for each county, a 
 majority of whom may transact business; which 
 body shall have full jurisdiction over roads, highways, 
 ferries, and bridges, and all other matters of county 
 police, and shall order all county elections to fill 
 vacancies that may occur in the offices of their respect- 
 ive counties ; the Clerk of the Court of Probate shall 
 be the Clerk of the Board of County Police. Miss., 
 340. 
 
 — No person shall be eligible as a member of said 
 Board, who shall not have resided one year in the 
 county; but this qualification shall not extend to 
 such new counties as may hereafter be established 
 until one year after their organization ; and all vacan- 
 cies that may occur in said Board shall be supplied 
 by election as aforesaid to fill the unexpired term. 
 Miss., 340. 
 
 — The Legislature shall provide by law for the elec- 
 tion of a Board of County Commi.ssioners in each 
 county, and such County Commissioners shall jointly 
 and individually perform such duties as may be pre- 
 scribed by law. Nev., 383. 
 
 — There shall be elected in each county in the State, 
 by the persons qualified to vote for members of the 
 Legislature, four County Commissioners, whose term 
 of office shall be four years, who, with the Judge of 
 the County Court, shall constitute, and be styled, the 
 Police Court for the county, whose powers, duties 
 and mode of action, in regulating, promoting and 
 protecting the public interest relating to the county, 
 shall be the same as that now prescribed by law for 
 the Commissioners' Court of Roads and Revenue, 
 until otherwise provided for and regulated by the 
 Legislature. Tex., 512. 
 
 — The voters of each township, assembled in stated 
 or special township meeting, shall transact all such 
 business relating exclusively to their township as is 
 herein, or may be by law, required or authorized. 
 They shall annually elect a Supervisor, Clerk of the 
 Township, Surveyor of Roads for each precinct in 
 their township. Overseer of the Poor, and such other 
 officers as may be directed by law. They shall also, 
 every four years, elect one Justice, and if the white 
 population of their township exceeds twelve hundred 
 in number, may elect an additional Justice; and 
 every two years shall elect as many Constables as 
 Justices. The Supervisor, or, in his absence, a voter 
 chosen by those present, shall preside at all township 
 meetings and elections, and the clerk shall act as clerk 
 thereof W. Va., 554. 
 
 — The Supervisors chosen in the townships of each 
 county shall constitute a board, to be known as " the 
 
 Supervisors of the county of ," by which name 
 
 they may sue and be sued, and make and use a com- 
 mon seal, and enact ordinances and by-laws not 
 inconsistent with the laws of the State. They shall 
 meet statedly at least four times in each year at the 
 court-house of their county, and may hold special 
 and adjourned meetings. At their first meeting after 
 the annual township election, and whenever a 
 vacancy may occur, they shall elect one of their num- 
 ber president of the board, and appoint a clerk, who 
 shall keep a journal of their proceedings, and transact 
 such other business pertaining to his office as may be 
 by them or by law required, and whose compensa- 
 tion they shall fix by ordinance and pay from the 
 county treasury. W. Va., 554. 
 — The Board of Supervisors of each county, a major- 
 ity of whom shall be a quorum, shall, under such 
 general regulations as may be prescribed by law, 
 have the superintendence and administration of the 
 internal afiairs and fiscal concerns of their county, 
 including the establishment and regulation of roads, 
 public landings, ferries and mills ; the granting of 
 ordinary and other licenses; and the laying, collecting 
 and disbursement of the county levies; but all writs 
 
193 
 
 1 S3. When the duration of any office is not provided by this Constitution, 
 
 2 it may be declared by law, and if not so declared, such office shall be held 
 
 3 during the pleasure of the authority making the appointment. 
 
 1 S 4. The time of electing all officers named in this article shall be pre- 
 
 2 scribed by law. 
 
 1 S 5- The Legislature shall provide for filling vacancies in office, and in case 
 
 2 of elective officers, no person appointed to fill a vacancy shall hold his office 
 
 3 by virtue of such appointment longer than the commencement of the political 
 
 4 year next succeeding the first annual election after the happening of the 
 
 5 vacancy. 
 
 of ad quod damnum shall issue from the Circuit Courts. 
 They shall from time to time appoint the places for 
 holding elections in the several townships of their 
 county; and shall be the judges~of the election, quali- 
 fications and returns of their own members, and of 
 all county and township officers. W. Va., 554. 
 — The Legislature may confer upon the Boards of 
 Supervisors of the several counties of the State, such 
 powers of a local, legislative and administrative char- 
 acter as they shall from time to time prescribe. Wis., 
 563. 
 
 TENURE OP OFFICES. 
 
 — All officers whose election or appointment is not 
 provided for by this Constitution, and all officers 
 whose offices may hereafter be created by law, shall 
 be elected by the people, or appointed as the Legis- 
 lature may direct. Oal., 104; (nearly similar), Ind., 
 180; Kan., 206; Mo., 357. 
 
 — All officers shall continue in office until their suc- 
 cessors shall be chosen and qualified. OJiio, 445; 
 Or., 458. 
 
 — The tenure that all commission officers shall by law 
 have in their .offices, shall be expressed in their 
 respective commissions. Mass., 230. 
 — AH other officers, whose appointments are not 
 otherwise provided for by law, shall be nominated by 
 the Governor, and appointed by him, with the advice 
 and consent of the Senate ; and shall hold their offices 
 for the time prescribed by law. N. J., 419. 
 — The Legislature shall provide in what cases officers 
 shall continue to perform the duties of their offices 
 until their successors shall be duly qualified. Tex., 
 516. 
 
 — The tenure of all offices, which are not or shall not 
 be otherwise provided for, shall be during the pleas- 
 ure of the Governor and Council. Me., 247. 
 - — The tenure of any office not herein provided for, 
 may be declared by law, or when not so declared, 
 such office shall be held during the pleasure of the 
 authority making the appointment; but the Legisla- 
 ture shall not create any office, the tenure of which 
 shall be longer than four years, except as herein 
 otherwise provided in this Constitution. Nev., 392 ; 
 (nearly similar), Kan., 206 ; Jnd., 180. 
 — In all cases in which it is provided that an office 
 shall not be filled by the same person more than a 
 certain number of years continuously, an appoint- 
 ment i>ro tempore shall not be reckoned a part of that 
 term. Ind., 172 ; Or., 449. 
 
 — All public officers in this State, legislative, execu- 
 tive and judicial, whose terms of office expire at the 
 general election, to be held in the year one thousand 
 eight hundred and fifty-seven, or at any subsequent 
 general election, shall continue to hold their offices 
 49 
 
 until the first Monday of January next following the 
 expiration of said terms, and until their successors 
 shall be qualified : Provided, Such of said officers as 
 are required to give bond for the discharge of their 
 duties shall give bond and security for said extended 
 terms, as may be provided by the Legislature ; and 
 the terms of office of all officers chosen at the general 
 election in the year eighteen hundred and fifty-seven, 
 or at any subsequent general election, shall commence 
 on the first Monday of Janiiary next succeeding the 
 election, and shall continue for the time now fixed 
 by the Constitution, and until their successors shall 
 be qualified. Miss., 344. 
 
 — The terms of office of all State and county officers, 
 of the Circuit Judges, members of the Board of Edu- 
 cation, the members of the Legislature, shall begin 
 on the first day of January next succeeding their 
 election. Mich., 318. 
 
 — All officers holding their offices during good beha- 
 vior may be removed by joint resolution, of the two 
 Houses of the Legislature, if two-thirds of the mem- 
 bers elected to the Assembly, and a majority of all 
 the members elected to the Senate, concur therein. 
 JV. Y. (1821), 36. 
 
 — When the duration of any office is not provided 
 for by this Constitution, it may be declared by law, 
 and if not so declared, such office shall be held during 
 the pleasure of th? authority making the appoint- 
 ment; nor shall the duration of any office not fixed 
 by this Constitution ever exceed four years. Cal., 
 104; Or., 458. 
 
 — All officers for a term of years shall hold their 
 offices for the terms respectively specified, only on the 
 condition that (hey so long behave themselves well; 
 and shall be removed on conviction of misbehavior 
 in office or of any infamous crime. La., 466. 
 — That no inconvenience may arise from a change of 
 the Constitution, it is declared, that all officers, civil 
 and military, shall continue to hold their offices; and 
 all the functions appertaining to the same shall be 
 exercised and performed according to the existing 
 laws and Constitution, until the end of the first ses- 
 sion of the General Assembly, which shall sit under 
 this Constitution, and until the government can be 
 reorganized and put into operation under this Con- 
 stitution, in such manner as the first General Assem- 
 bly aforesaid shall prescribe, and no longer. Tenn., 
 500. 
 
 — The Senators first elected in the even numbered 
 senate districts, the Governor, Lieutenant-Governor, 
 and other State officers first elected under this Con- 
 stitution, shall enter upon the duties of their respect- 
 ive offices on the first Monday of June next, and shall 
 continue in office for one year from the first Monday 
 of January next. The Senators first elected in the 
 odd numbered senate districts, and the members of 
 the Assembly first elected, shall enter upon their 
 
194 
 
 duties respectively on the first Monday in June next, 
 and shall continue in office until the first Monday in 
 January next. Wii., 575. 
 
 — All officers, civil and military now holding office, 
 whether by election or appointment under the State, 
 shall continue to hold and exercise their offices, 
 according to their present tenure, unless otherwise 
 provided in this Constitution until they shall be 
 superseded pursuant to its provisions, and until their 
 successors be duly qualified; and the compensation 
 of such officers which has been incre.vied by this 
 Constitution shall take effect from the first day of 
 January, eighteen hundred and sixty-five. Md., 277. 
 — All county and township officers and justices of 
 the peace in office on the first day of September, one 
 thousand eiglit hundred and fifty-one, shall continue 
 in office until their terms expire respectively. Ohio, 
 445. 
 
 — The election of all officers, and the filling of all 
 vacancies that may happen by death, resifination, or 
 removal, not otherwise directed or provided for by 
 this Constitution, shall be made in such manner as 
 the General Assembly .shall direct; Provided, that no 
 such officer shall be elected by the General Assembly. 
 IV., 161. 
 
 — Townsliip officers, except Justices of the Peace, 
 shall hold their offices one year from the Monday 
 next succeeding their election, and until their succes- 
 sors are qualified. Kan., 203. 
 
 — Tlie term of the office of all officers elected or 
 appointed pursuant to the provisions of tliis Consti- 
 tution, except when herein otherwise directed, shall 
 conimenee on the day of the date of their respective 
 commissions; but no commission for any office shall 
 bear date prior to the expiration of tlie term of the 
 incumbent of s;tid office. N. J., 419. 
 — The duration of all offices, not fixed by this Con- 
 stitution, shall never exceed four years, except the 
 office of Superintendent of the lunatic asylum, or 
 other asylums that m.iy be established by law, who 
 shall continue in office during good behavior; Pro- 
 vided, That in all cases wheie the Governor has the 
 authority under this Constitution, or laws made in 
 pursuance thereof, to appoint to office, he shall also 
 have power to lemove from tlie same fur malfeasance 
 in office, neglect of duty, or other gOod cause; Pro- 
 vided, That a statement of the cause shall, at the time 
 of removal, be furnished the parly interested, and a 
 copy theieof shall also be recorded in the office of 
 tlie Secretary of State. Tex., 515. 
 — And be it further ordained, That where, by this 
 Convention, the duration of any office shall not be 
 ascertained, such office shall be construed to be held 
 during the pleasure of the Council of Appointment: 
 Provided, that new commissions shall be issued to 
 judges of the county courts, other than to the first 
 judge, and to justices of the peace, once at least in 
 every three years. N. Y. (1777), 30. 
 — The term of State officers, except judicial, elected 
 at the first election under this constitution, shall con- 
 tinue until tlie Tuesday after the first Monday of 
 January, A. D. eighteen hundred and sixty-.seven, 
 and until the election and qualification of their suc- 
 cessors. Neo., 394. 
 
 — Where the duration of any office is not prescribed 
 by this Constitution, it may be declared by law; and 
 if not so declared, such office shall be held dui'ing the 
 pleasure of the authoritv making the appointment. 
 M Y. (1821), 40; Ind., iSO. 
 
 — The term of each of the executive officers named 
 in this article, shall commence on taking the oath of 
 office, on or after the first day of May, 1858, and con- 
 tinue until the first Monday of January, 1860, except 
 the Auditor, who shall continue in office until the 
 first Monday of January, 1861, and until their suc- 
 cessors shall have been duly elected, and qualified; 
 and the same above-mentioned time for qualification 
 and entry upon the duties of their respective offices 
 shall extend and apply to all other officers elected 
 under the State Constitution who have not already 
 taken the oath of office and commenced the perform- 
 ance of their official duties. Minn., 324. 
 
 — The terms of such officers and members, not elected 
 or appointed to fill a vacancy, shall, unless herein 
 otherwise provided, begin on the first day of January 
 next succeeding their election. W. Va., 548. 
 — Whenever it is provided in this Constitution, or in 
 any law which may be hereafter passed, that any 
 officer, other than a member of the General Assembly, 
 shah hold his office for any given tet'm, the same 
 shall be construed to mean that such officer shall hold 
 his office for such term, and until his successor shall 
 have been elected and qualified. Ind., 180. 
 — Th.e Governor, Lieutenant-Governor, Secretary of 
 State, Treasurer and Attorney-General shall hold 
 their offices foi' two years ; and the Auditor for four 
 years. Their terms of office shall commence on the 
 second Monday of January next after their election 
 and continue until their successors are elected and 
 qualified. Ohio, 435. 
 
 — That the first General election of Governor, Secre- 
 tary of State, Auditor, Treasurer, and members of the 
 General Assembly, and of such other officers as are 
 to be elected at the same time, shall be held on the 
 first Monday of August, eighteen hundred and forty- 
 eight, anything in this Constitution to the contrary 
 notwithstanding. County officers then elected shall 
 hold their respective offices, until their successors are 
 elected or appointed, in conformity with laws here- 
 after enacted. Ill, 168. 
 
 — To the end there may be no failure of justice, or 
 danger arise to the Commonwe.ilth, from a change of 
 the form of Government, all officers, civil and military, 
 holding commissions under the government and peo- 
 ple of Massachusetts Bay, in New England, and all 
 other officers of the said government and people, at 
 the time this Constitution shall take effi.'0t, shall have, 
 hold, use, exercise and enjoy all the powers and 
 authority to them granted or committed, until other 
 persons shall be appointed in their stead ; and all 
 courts of law shall proceed in the execution of the 
 business of their respective departments ; and all the 
 Executive and Legislative officers, bodies and powers, 
 shall continue in full force, in the enjoyment and 
 exercise of all their trusts, employments and autho- 
 rity, until the General Court, and the Supreme and 
 Executive officers under this Constitution, are desig- 
 nated and invested with their respective trusts, 
 powers and authority. Mas.i., 293. 
 — All the officers named in the preceding articles of 
 amendment (Articles 14 to 18), shall be annually 
 elected by ballot, and shall hold iheir offices lor one 
 year, said year commencing on the first day of 
 December next after their election. Vt., 530. 
 — The General Assembly may provide by law for the 
 continuance in office of any officers of annual election 
 or appointment until other persons are qualified to 
 take their places. P. I, 476. 
 
 — The Governor, Lieutenant-Governor, Senators, 
 Representatives, Secretary of State, Attorney-Gen- 
 eral and General Treasurer, shall be elected at the 
 town, city or ward meetings to be holden on the first 
 Wednesday of April, annually ; and shall severally 
 hold their offices for one year, from the fii-st Tuesday 
 of May next succeeding, and until others are legally 
 chosen and duly qualified to fill their places. If 
 elected or qualified after the first Tuesday of May, 
 they shall hold their offices for the remainder of the 
 political year, and until their successors are qualified 
 to act. R. I., 478. 
 
 — The General Assembly shall, by lavr, prescribe the 
 time when the several officers authorized or directed 
 by this Constitution to be elected or appointed, shall 
 enter upon the duties of their respective offices, except 
 where the time is fixed by this Constitution. Ky., 220. 
 — No person shall ever be appointed or elected to 
 any office in this State for life or during good 
 behavior ; but the tenure of all offices shall be for 
 some limited period of time, if the person appointed 
 or elected thereto shall so long behave well. Miss., 336. 
 — The Legislature may provide by law in what case 
 officers shall continue to perform the duties of their 
 offices until their successors shall have been inducted 
 into office. La., 235. 
 
195 
 
 RESIDENCE OF CIVIL OFFICERS— SEAT OF 
 GOVERNMENT. 
 
 — Shei'iiFs, Coroners, and County Surveyors must 
 reside in their counties during tlieir continuance in 
 ofiice. Ark., 92. 
 
 — All county, township, and town officers shall reside 
 within their respective counties, townships and towns, 
 and shall keep their respective office.'', at such placed 
 therein, and perform such duties as may be directed 
 by law. //id, 176. 
 
 — All civil officers for the Commonwealth, at large, 
 shall reside within the State, and all district, county, 
 or town officers, witliin their respective districts, 
 counties, or towns, trustees of towns excepted, and 
 shall keep their offices at such places tlierein as may 
 be required by law ; and all militia officers shall 
 reside in the bounds of the division, brigade, regi- 
 ment, battalion, or company, to which they may 
 severally belonpr. Ki/., 220. 
 
 — All county officers shall hold their respective offices 
 at the county seat of their respective counties. Nev., 
 392. 
 
 — No person shall be elected or appointed to a 
 county office who shall not be an elector of the 
 county ; .and all county, township, precinct and city 
 officei'S shall keep their respective offices at such 
 places therein, and perforin such duties as may be 
 prescribed by law. Or., 454. 
 
 — Prothonotaries, Clerks of the Peace and Orphans' 
 Courts, Recordeis of Deeds, Registers of Wills, and 
 Sheriffij, shall keep their offices in the county town 
 of the county in which they, respectively, shall be 
 officers, unless when the G-overnor shall, for special 
 reasons, dispense theiewitb, for any terra not exceed- 
 ing five years after the county shall have been 
 erected. Pa., 466. 
 
 — All civil officers sh.ill reside within the State ; and 
 all district or county officers within their districts or 
 counties; and shall keep their offices at such places 
 therein as may be required by law. Tex., 515. 
 — The Governor shall reside at the seat of govern- 
 ment. Va., 539 ; W. Fa., 552 ; Ark., 90. 
 — He [the Governor] shall always reside during the 
 session of the General Assembly, at the place where 
 their session may be hell, and at other times wher- 
 ever, in their opinion, the public good may require. 
 Ala., 78. 
 
 — It shall be the duty of the General Assembly to 
 provide for the purchase or erection of a suitable 
 building for the residence of the Governor, and the 
 Governor shall reside at the seat of Government; but 
 whenever, by reason of danger from an enemy, or 
 from disease, the Governor may dt-em the Capital 
 unsafe, he may, by proclamation, fix the seat of 
 government at some secure place within the State, 
 until such danger shall cease. Fl, 131. 
 — All civil officers of the State at large shall reside 
 within the State, and all district or county officers 
 ■within their respective districts or counties, and shall 
 keep their respective offices at such places therein as 
 may be required by law. FL, 136. 
 — The seat of government shall be and remain per- 
 manent at the City of Tallahassee, until otherwise 
 provided for by the action of a Convention of the 
 people of the State. Fl., 130. 
 
 — The seat of government is hereby permanently 
 established, as now fixed by law, at the city of Des 
 Monies, in the county of Polk, and the State Univer- 
 sity at Iowa City, in the county of Johnson. Iowa, 
 194. 
 
 — The temporary seat of government is hereby 
 located at the City of Topeka, county of Shawnee. 
 The first Legislature under this Constitution shall 
 provide by law for submitting the question of the 
 permanent location of the Capital to a popular vote, 
 and a majority of all the votes cast at some general 
 
 election shall be necessary for such location. Kan., 
 206. 
 
 — The Governor, Secretary of State, Auditor of 
 State, Treasurer of State, Attorney-General, and 
 Superintendent of Public Instruction, shiill keep their 
 respective offices at the seat of government. Kan., 
 207. 
 
 — The first and all future sessions of the Legislature 
 shall be held in the town of Jackson, in the county 
 of Hinds, until the year 1850. During the first ses- 
 sion thereafter, the Legislature shall have power to 
 designate by law the permanent seat of government ; 
 Provided, howevei; That unless such designation be 
 then made by law, the seat of government shall con- 
 tinue permanently at the town of Jackson. The first 
 session shall commence on the third Monday in 
 November, in the year 1833, and in every two years 
 thereafter, at such time as may be prescribed by law. 
 Miss., 338. 
 
 — The Governor, Secretary of State, Treasurer, 
 Auditor of Public Accounts, and Attorney-Geniiral, 
 shall reside at the seat of government. J/iw., 338. 
 — The seat of Government of this State shall remain 
 at the City of Jefi^erson. J/o., 362. 
 — The Governor, Secretary of State, State Ti-easurer, 
 State Controller, and Clerk of the Supreme Court, 
 shall keep their respective offices at the seat of gov- 
 ernment, Nev., 392. 
 
 — Columbus shall be the seat of government, until 
 otherwise directed by law. Ohio, 443. 
 — The Legislative Assembly shall not have power to 
 establish a permanent seat of government for this 
 State, but at the first regular session after the adop- 
 tion of this Constitution the Legislative Assembly 
 shall provide by law for the submission to the elec- 
 tors oi' this State, at the next general election there- 
 after, the matter of the selection of a place for a per- 
 manent seat of government; and no place shall ever 
 be the seat of government under such law which 
 shall not receive a majority of all the votes cast on 
 the matter of such election. Or., 458. 
 — The seat of government, when established as pro- 
 vided in section one, shall not be removed for the 
 term of twenty years from the time of such estab- 
 lishment, nor in any other manner than as provided 
 in the first section of this article ; Provided, That all 
 public institutions of the State hereafter provided for 
 iDy the Legislative Assembly shall be located at the 
 seat of Government. Dr., 458. 
 
 — The Governor and the Secretary and Treasurer of 
 State shall severally keep the public records, books 
 and papers in any manner relating to their lespective 
 offices at the seat of government, at which place also 
 the Secretary of State shall reside. Or., 453. 
 — The Governor shall reside during the sitting of the 
 General Assembly, at the place where its session may 
 be held; and the General Assembly may, by law, 
 require him to reside at the capital of the State. 
 S. a, 486. 
 
 — The General Assembly which shall sit after the 
 first apportionment of representation under the new 
 Constitution, to wit: in the year one thousand eight 
 hundred and forty-three, shall, within the first week 
 after the commencement of the session, designate and 
 fix the seat of government ; and when so fixed, it 
 shall not be removed, except by the consent of two- 
 thirds of the members of both Houses of the General 
 Assembly. The first and second sessions of the Gen- 
 eral Assembly under this Constitution shall be held 
 in Nashville. Tenn., 500. 
 
 — The Governor shall reside, during the session of the 
 Legislature, at the place where the session may be 
 held, and at all other times wherever, in their opinion, 
 the public good may require. Tex., 514. 
 — The seat of government shall be at the city of 
 Wheeling until a permanent seat of government be 
 established by law. W. Va., 551. 
 
19G 
 
 1 S 6. The political year and legislative term shall begin on the first clay of 
 
 2 January ; and the Legislature shall, every year, assemble on the first Tuesday 
 
 3 in January, unless a different day shall be appointed by law. 
 
 1 §7. Provision shall be made by law for the removal, for misconduct or 
 
 2 malversation in office, of all officers (except judicial) whose powers and duties 
 
 3 are not local or legislative, and who shall be elected at general elections, and 
 
 4 also for supplying vacancies created by such removal. 
 
 1 S 8. The Legislature may declare the cases in which any oflBce shall be 
 
 2 deemed vacant, when no provision is made for that purpose in this Constitution. 
 
 FISCAL TEAR — POLITICAL YEAR. 
 
 — The fiscal year shall commence on the first day of 
 July. GA, 104. 
 
 — The political year shall begin on the first Wednes- 
 day of January, instead of«|the last Wednesday of 
 May; and the G-eneral Court shall assemble every 
 year on the said first Wednesday of January, and 
 shall proceed, at that session, to make all the elec- 
 tions, and do all the other acts, which are by the 
 Constitution required to be made and done at the 
 session which has heretofore commenced on the last 
 Wednesday of May. And the General Court shall be 
 dissolved on the day next preceding tlie first Wed- , 
 nesday of January, without any proclamation or 
 other act of the Governor. But nothing herein con- 
 tained shall prevent the General Court from assem- 
 bling at such other times as they shall judge neces- 
 sary, or when called together by the Governor. The 
 Governor, Lieutenant-Governor and Councillors, shall 
 also hold their respective offices for one year next 
 following the first Wednesday of January, and until 
 others are chosen and qualified in their stead. Mass., 
 295. 
 
 — Fiscal year shall commence on the first day of Jan- 
 uary in each year. 27ev., 389. 
 
 — The political year for the State of Wisconsin shall 
 commence on the first Monday in January in each 
 year, and the general election shall be holden on the 
 Tuesday succeeding the first Monday in November in 
 each year. Wis., 570. 
 
 REMOVALS FROM OFFICE. 
 
 — Officers shall be removed from office for incapacity, 
 misconduct or neglect of duty, in such manner as may 
 be provided by law, when no mode of trial or removal 
 is provided in this Constitution. Fl, 133. 
 — The Legislature shall provide by law for the trial, 
 punishment and removal from office of all other officers 
 of the State by indictment or otherwise. La., 232. 
 — The Legislature shall provide by law for the 
 removal of any officer elected by a county, township 
 or school district, in such manner and for such cause 
 as to them shall seem just and proper. Midi., 310. 
 — Provision shall be made by law for the removal 
 from office of any civil officer, other than those in this 
 article previously specified, for malfeasance or non- 
 feasance in the performance of his duties. Nev., 388. 
 — All judicial officers, duly appointed, commissioned 
 and sworn shall hold their offices during good 
 behavior, excepting such concerning whom there is 
 different provision made in this Constitution : Pro- 
 vided, nevertheless, The Governor, with the consent of 
 
 the Council, may remove them upon the address of 
 both Houses of the Legislature. Mass., 290. 
 — The Legislature shall provide for the trial, punish- 
 ment and removal from office of all other officers of 
 the State, by indictment or otherwise. Tex., 519. 
 
 ELECTIONS OR APPOINTMENTS TO OFFICE 
 —VACANCIES IN OFFICE. 
 
 — All officers other than those who, by this Consti- 
 tution, are directed to be otherwise appointed, shall 
 be appointed in the manner following, to wit: The 
 Assembly shall, once in every year, openly nominate 
 and appoint one of the Senators from each great dis- 
 trict, which Senators shall form a Council for the 
 Appointment of the said officers, of which the Gov- 
 ernor for the time being, or the Lieutenant-Governor, 
 or the President of the Senate, when they shall 
 respectively administer the government, shall be 
 President and have a casting voice, but no other vote ; 
 and with the advice and consent of the said Council, 
 shall appoint all the said officers; and that a majority 
 of the said Council be a quorum. And further. The 
 said Senators shall not be eligible to the said Council 
 for two years successively. N. Y. (1777), 30. 
 — All officers, whose election or appointment is not 
 otherwise provided for, shall be chosen or appointed, 
 as may be prescribed by law. A'ei;., 392; Pa., 466. 
 — The General Assembly shall, by law, provide fur 
 the appointment or election, and removal from office, 
 of all officers, civil and military, in this State, not 
 provided for in this Constitution. Fl, 136. 
 — All vacancies that may occur in said court, from 
 death, resignation or removal, shall be filled by elec- 
 tion as aforesaid ; Provided, however. That if the 
 unexpired term do not exceed one year, the vacancy 
 shall be filled by executive appointment. Miss., 338. 
 — Vacancies that may occur in offices, the election of 
 which is vested in the people, within less than cne 
 year before the expiration of their term, shall be 
 filled by the Governor granting commissions, which 
 shall expire at the end of the next term ; bat if one 
 year or a longer period remains unexpired at the 
 time of the vacancy, then, and in that case, the Gov- 
 ernor shall order an election to be held to fill the 
 vacancy. Ark., 89. 
 
 — Vacancies in office occurring after the first day of 
 September, one thousand eight hundred and fifty-one, 
 shall be filled as is now prescribed by law, and until 
 officers are elected or appointed, and qualified under 
 this Constitution. Ohio, 445. 
 
 — ^Vacancies that may happen in offices, the election 
 of which is vested in the General Assembly, shall be 
 filled by the Governor during the recess of the Gen- 
 eral Assembly, by granting commissions, which shall 
 expire at the end of the next session. Ark., 89. 
 — The Legislature may declare the cases in which 
 any office shall be deemed vacant, and also the mem- 
 
197 
 
 ner of filling the vacancy, where no provision is made 
 for that purpose in this Constitution. Mich., 304. 
 — Vacancies that happen in offices, the appointment 
 to which is vested in the General Assembly, or given 
 to the Governor, with the advice and consent of the 
 Senate, and shall be filled by the Governor during 
 the recess of the.General Assembly, by granting com- 
 missions which shall expire at the end of the next 
 session. FL, 131. 
 
 — And during the recess of the General Assembly, 
 fill, pro tempore, all vacancies in those offices for which 
 the Constitutional laws make no provision ; but his 
 appointments to such vacancies shall be by commis- 
 sion to expire at the end of thirty days after the 
 commencement of the next session of the General 
 Assembly. Va., 539 
 
 — Vacancies in oflices under this article shall be filled, 
 until the next regular election, in such manner as the 
 General Assembly may provide. Ky., 219. 
 — All vacancies not provided for in this Constitution 
 shall be filled in such manner as the Legislature may 
 prescribe. Miss., 341. 
 
 — It shall have the power to provide for the election 
 or appointment of all officers, and the filling of all 
 vacancies not otherwise provided for in this Consti- 
 tution. Kan., 200. 
 
 — When any officer, the right of whose appointment 
 is by this Constitution vested in the General Assem- 
 bly, shall, during the recess, die, or the office, by the 
 expiration of the term, or by other means become 
 vacant, the Governor shall have the power to fill 
 such vacancy, by granting a temporary commission, 
 which shall expire at the end of the next session of 
 the Legislature. Tenn., 495. 
 
 — When, during a recess of the General Assembly, a 
 vacancy shall happen in any office, the appointment 
 to which is vested in the General Assembly ; or when 
 at any time a vacancy shall have occurred in any 
 other State office, or in the office of judge of any 
 court, the Governor shall fill such vacancy by appoint- 
 ment, which shall expire when a successor shall have 
 been elected and qualified. Ind., 175. 
 — When any office shall from any cause become 
 vacant, and no mode is provided by the Constitution 
 and laws for filling such vacancy, the Governor shall 
 have power to fill such vacancy by granting a com- 
 mission, which shall expire at the end of the next 
 session of the Legislature, or at the next election by 
 the people. Col., 100; (nearly similar), Iowa, 188; 
 Ky.,2XZ; Mo., 355; Nev., 389; OJdo, 459; R. L, 
 477 ; La., 230. 
 
 — If a vacancy shall occur in said court from any 
 cause, the Governor shall issue a writ of election to 
 the proper district to fill such vacancy for the residue 
 of the term : Provided, That if the unexpired term 
 be less than one year, the Governor shall appoint a 
 judge to fill such vacancy. Ky., 215. 
 — Whenever a vacancy shall occur in any of the 
 State offices, the Governor shall fill the same by 
 appointment, by and with the advice and consent of 
 the Senate, if in session. Mich., 308. 
 — When vacancies happen in either House, the Gov- 
 ernor for the time being shall issue writs of election 
 to fill such vacancies. Tenn., 493. 
 — Vacancies that may happen in offices, the appoint- 
 ment of which is vested in the General Assembly, 
 shall, during the recess of the General Assembly, be 
 filled by the Governor, by granting commissions, 
 which shall expire at the end of the next session. 
 Ala., 79. 
 
 — ^But no person who has been nominated for office 
 and rejected by the Senate, shall be appointed to the 
 same office during the recess of the Senate. La., 230. 
 —It shall be the duty of the Governor to fill all 
 vacancies in office happening between the adoption 
 of this Constitution and the first session of the 
 Senate, and not otherwise provided for; and the 
 commissions shall expire at the end of the first ses- 
 sion of the Senate, or when successors shall be 
 elected or appointed and qualified. N. J., 421. 
 
 The Legislature may declare the cases in which 
 
 any offices shall be deemed vacant, and also the man- 
 50 
 
 ner of filling the vacancy where no provision is 
 made for that purpose in this Constitution. Neb., 
 373 ; La., 235 ; Wis., 571. 
 
 — That, in every case, where any officer, the right of 
 whose appointment is, by this Constitution, vested 
 in the General Assembly, shall, during their recess, 
 die, or his office by other means become vacant, the 
 Governor shall have power, with the advice of the 
 Council of State, to fill up such vacancy, by granting 
 a temporary commission, which shall expire at the 
 end of the next session of the General Assembly. 
 N. a, 425. 
 
 — The General Assembly may provide by law for the 
 election or appointment of such other officers as may 
 be required, and are not herein provided for and pre- 
 scribe their tenure of office, powers and duties. 
 Md., 274. 
 
 — In the election and appointment of all off-cers, and 
 the filling of all vacancies, not otherwise provided for 
 by this Constitution, or the Constitutioh of the United 
 States, shall be made in such manner as may be 
 directed by law; but no appointing power shall be 
 exercised by the General Assembly, except as pre- 
 scribed in this Constitution. Ohio, 435. 
 — All officers heretofore elective by the people, shall 
 continue to be elected ; and all other officers, whoso 
 appointment is not provided for, by this Constitution, 
 and all officers, whose offices may be hereafter created 
 by law, shall be elected by the people, or appointed, 
 as may by law be directed. N. Y. (1821), 40. 
 — The appointment of all officers not otherwise 
 directed by this Constitution, shall be made in such 
 manner as may be prescribed by law ; and all officers, 
 both civil and military, acting under the authority of 
 this State, shall, before entering on the duties of their 
 respective offices, take an oath of affirmation to sup- 
 port the Constitution of the United States and of this 
 State, and to demearf themselves faithfully in office. 
 ArTc., 87. 
 
 — Elections to fill vacancies shall be for the unexpired 
 term. Vacancies shall be filled in such manner as 
 may be prescribed by law. W. Va., 548. 
 — In order to prevent those who are vested with 
 authority from becoming oppressors, the people have 
 a right at such periods and in such manner as they 
 shall establish by their frame of government, to cause 
 their public officers to return to private life ; and to 
 fill up vacant places by certain and regular elections 
 and appointments. Mass., 281. 
 
 [The Governor shall nominate, and with the advice 
 of the Council, appoint all other civil and military 
 officers whose appointment \!i r.ot by this Constitu- 
 tion, nor by law, otherwise provided for, and every 
 such nomination shall be made at least seven days 
 prior to such appointment.] Me., 244. 
 — All the provisions of the Constitution, respecting 
 the election and proceedings of the. members of the 
 General Court, or of any other officers or persons 
 whatever, that have reference to the last Wednesday 
 of May as the commencement of the political year, 
 shall be so far altered as to have like reference to the 
 first Wednesday of Jauuary. Mass., 295. 
 — No person shall be elected or appointed to any 
 office in this State, civil or military, who is not a citi- 
 zen of the United States, and who shall not have 
 resided in this State one year next before the election 
 or appointment. /K., 162. 
 
 — When any office shall become vacant by death, 
 resignation or otherwise, the Governor shall have 
 power to fill such vacancy unless otherwise provided 
 for by law; and persons so appointed shall continue 
 in office until a successor is appointed^ agreeably to 
 the mode pointed out by this Constitution, or by law 
 in pursuance thereof. Ga., 147. 
 — When a vacancy happens during the recess of the 
 Legislature, in any office which is to be filled by the 
 Governor and Senate, or by the Legislature, in joint 
 meeting, the Governor shall till such vacancy, and 
 the commission shall expire at the end of the next 
 session of the Legislature, unless a successor shall be 
 sooner appointed. When a vacancy happens in the 
 office of Clerk or Surrogate of any county, the Gov- 
 
198 
 
 ARTICLE XI. 
 
 1 Section 1. The militia of this State shall, at all times hereafter, be armed 
 
 2 and disciplined, and in readiness for service ; but all snch inhabitants of this 
 
 3 State, of any religious denomination whatever, as from scruples of conscience, 
 
 4 may be averse to bearing arms, shall be excused therefrom, upon such condi- 
 
 5 tions as shall be prescribed by law. 
 
 ernor shall fill such vacancy, and the commission 
 shall expire when a successor is elected and qualified. 
 iV. J., 417. 
 
 — No appointment or nomination to office shall be 
 made by the G-overnor during the last week of his 
 said term. N. J., 415. 
 
 — The election of all officers, and the filling of all 
 vacancies that may happen, by death, resignation, or 
 removal, not otherwise directed or provided for by 
 this Constitution, shall be made in such manner as 
 the Legislature shall direct. Tenn., 497. 
 — In all cases of elections to fill vacancies in office 
 occurring before the expiration of a full term, the 
 person so elected shall hold for the residue of the 
 unexpired term; and all persons appointed to fill 
 vacancies in office, shall hold until the next general 
 election, and until their successors are elected and 
 qualified. Iowa, 194. 
 
 — Vacancies in county, township, precinct, and city 
 offices shall be filled in such manner as may be pre- 
 scribed by law. Or., 454. 
 
 — No person holding an office of profit under the 
 United States, shall, during his continuance. in such 
 office, hold any office of profit under this State. Mo., 
 362. 
 
 — If, at any election directed by this Constitution, 
 any two or more candidates shall have the highest 
 and an equal number of votes, a new election shall 
 be ordered, except in cases specially provided for by 
 this Constitution. Md., 277. 
 
 — Every person holding any office created by or 
 existing under the Constitution or laws of the State, 
 the entire amount of whose pay or compensation 
 received for the discharge of his official duties shall 
 exceed the yearly sum of three thousand dollars, 
 except wherein otherwise provided by this Constitu- 
 tion, shall keep a book in which shall be entered any 
 sum or sums of money received by him or on his 
 account as a payment or compensation for his per- 
 formance of official duties, a copy of which entries in 
 said book, verified by tlie oath of the officer by whom 
 it is directed to be kept, shall be returned yearly to 
 the Comptroller of the State for his inspection and 
 that of the General Assembly of the State, and each 
 of the said officers, when the amount received by liira 
 for the year shall exceed three thousand dollars, shall 
 yearly pay over to the Treasurer of the State the 
 amount of such exce.'is by him received, subject to 
 such disposition thereof as the General Assembly may 
 direct; and such officer failing to comply with this 
 requisition shall be deemed to have vacated his office 
 and be subject to suit by the State for the amount 
 that ought to be paid into the treasury. Md., 276. 
 — If any civil officer shall become disabled from dis- 
 charging the duties of his office, by reason of any 
 permanent bodily or mental infirmity, his office may 
 be declared to be vacant, by joint resolution, agreed 
 to by two-thirds of the whole representation in eacli 
 House of the General Assembly : Provided, That such 
 resolution shall contain the grounds for the proposed 
 removal, and before it shall pass either House, u copy 
 of it shall be served on the officer, and a hearing 
 be allowed him. S. C, 487. 
 
 — All civil officers shall be removable by an address 
 of a majority of the members elected to both Houses, 
 except those the removal of whom has been other- 
 wise provided by this Constitution. Za., 233. 
 
 ORGANIZATION OF THE MILITIA. 
 
 — And whereas it is of the utmost importance to the 
 safety of every State, that it should always be in a 
 condition of defense; and it is the duty of every 
 man, who enjoys the protection of .■society, to be pre- 
 pared and willing to defeml it; this CnnvtntioTi-, 
 therefore, in the name and by the authority of the 
 good people of this State, doth ordain, determine 
 AND DECLARK, that the militia of this State, at all 
 times hearafter, as well in peace as in war, shall be 
 armed, and disciphned, and in readiness for service. 
 That all such of the inhabitants of this State (being 
 of the people called Quakers) as, from scruples of 
 conscience, may be averse to .the bearing of arms, be 
 therefrom excused by the Legislature; and do pay 
 to the State such sums of money, in lieu of their 
 personal service, as the same may, in the judgment 
 of the Legislature, be worth: And that a proper 
 magazine of warlike stores, proportionate to the 
 number of inhabitants, be, forever hereafter, at the 
 expense of this State, and by acts of the Legislature, 
 established, maintained, and continued, in every 
 county in this State. N. Y. (1777), 33. 
 — The General Assembly shall provide by law for 
 organizing and disciplining the militia of this State, 
 in such manner as they may deem expedient, not 
 incompatible with the Constitution and laws of the 
 United States; shall fix the rank of all staff officeis, 
 and prescribe the manner in which all officers shall be 
 appointed or elected. Ala., 78. 
 
 — The militia of this State shall be divided into con- 
 venient divisions, brigades, regiments and companies, 
 and other officers of corresponding titles and rank 
 elected to command them, conforming, as nearly as 
 practicable, to the general regulations of the army of 
 the United States; and all officers shall be elected by 
 those subject to military duty in their several dis- 
 tricts, except as hereinafter provided. Ark., 90. 
 — The Legislature shall provide by law for organizing 
 and disciplining the militia, in such manner as they 
 shall deem expedient, not incompatible with the 
 Constitution and laws of the United States. Cal, 
 102; Miss., 342. 
 
 — The Governor shall have power to call forth the 
 militia to execute the law of the State, to suppress 
 insurrections, and repel invasions. Cal, 102 ; Tex., 
 514. 
 
 — All ofienses against the Militia laws shall be tried 
 by court-martial, or before a court and jury, as the 
 General Assembly may direct. Fl., 137. 
 
 ^The militia of the State of shall consist of all 
 
 free male able-bodied persons (negroes, mulattoes and 
 Indians excepted), resident of the" State, between the 
 ages of eighteen and forty-five years, except such 
 persons as now are or hereafter may be exempted by 
 the laws of the United States or of this State, and 
 shall be armed, equipped and trained, as the General 
 A.ssembly may provide by law. III., 163; (nearly 
 similar), Ky., 219. 
 
 — The militia shall consist of all able-bodied white 
 male persons between the ages of eighteen and forty- 
 five years, except such as may be exeinpted by the 
 laws of the United States or-of this State ; and shall 
 be organized, officered, armed, equipped and tiained, 
 in such manner as mav be provided by law. Ind., 
 179 ; (nearly similar), Mich., 312 ; Or., 456 ; Tex., 514. 
 
199 
 
 — The militia may be divided into classes of sedentary 
 and active militia, in such manner as shall be pre- 
 scribed by law. Ind., 180. 
 
 — Tlie General Assembly shall determine the method 
 ofdividinj; the militia into divisions, brigades, regi- 
 ments, battallions and companies and fix the rank of 
 all staff officers. Ind., 180. 
 
 — The militia of this State shall be composed of all 
 able-bodied white male citizens between the ages of 
 eighteen and forty-five years, except such as are or 
 may hereafter be exempt by the laws of the United 
 States or of this State, and shall be armed, equipped 
 and trained as tlie General Assembly may provide by 
 law. Iowa, 190 ; (nearly similar), Kan., 203. 
 — The Legislature shall provide for organizing, equip- 
 ping and disciplining the militia in such manner as it 
 sliall deem expedient, not incompatible with the laws 
 of the United States. Kan., 203 ; Mich., 314. 
 — The militia of the State shall be organized in such 
 manner as may be hereafter deemed most expedient 
 by the Legislature. La., 231. 
 
 — .ill able-bodied men in the State shall be armed 
 and disciplined for its defense. La., 231. 
 — The militia, as divided info divisions, brigades, 
 regiments, battallions and companies, pursuant to the 
 laws now in force, shall remain so organized, until 
 the same shall be altered by the Legislature. Me., 246 ; 
 (nearly similar), Masa., 288. 
 
 — The militia sliall be composed of all able-bodied 
 m do citizens, residents of this Stale, being eighteen 
 years of age, and under the age of forty-five years, 
 who shall be enrolled in the militia, and perform mili- 
 tary duty in such manner, not incompatible with the 
 Constitution and laws of the United States, as may 
 be prescribed by the General Assembly of Maryland. 
 Md., 275. 
 
 — The General Assembly shall provide at its first ses- 
 sion after the adoption of this Constitution, and from 
 time to time thereafter, as the exigency may require, 
 for organizing, equipping and disciplining the militia 
 in such a manner, not incompatible with the laws of 
 the United States, as shall be most effective to repel 
 invasion and suppress insurrection, and shall pass 
 such laws as shall promote the formation of volunteer 
 militia associations in the city of Baltimore and in 
 every county, and to secure them such privileges or 
 assistance as may afford them effectual encourage- 
 ment. Md., 275. 
 
 — The Governor may suspend or arrest any military 
 officer of the State for disobedience of orders, or other 
 military offense, may remove him in pursuance of the 
 sentence of a court-martial ; and may remove, for 
 incompetency or misconduct, all civil officers who 
 received appointments from the executive for a term 
 not exceeding two years. Md., 260. 
 — All public boards, the Commissary-General, all 
 superintending officers of public magazines and stores, 
 belonn-ing to this Commonwealth, and all commanding 
 officers of forts and garrisons within the same, shall 
 once in every three months, officially and without 
 requisition, and at other times, when required by the 
 Governor, deliver to him an account of , all goods, 
 stores, provisions, ammunition, cannon with their 
 appendages, and small arms with their accoutrements, 
 and of ail other public property whatever under their 
 care, respectively; distinguishing the quantity, num- 
 ber, quality and kind of each, as particularly as may 
 be ; together with the condition of such forts and 
 ffai-risons; and the said commanding officer shall 
 exhibit to the Governor, when required by him, true 
 an I exact plans of such forts, and of the land and sea, 
 or harbor and harbors adjacent. 
 
 .\nd the said boanls, and all public officers, shall 
 communicate to the Governor, as soon as may be 
 after receiving the same, all letters, dispatches, and 
 intrlligencesof apublio nature, which shall be directed 
 to them respectively. Mass.. 288. 
 —All officers, civil and military, now holding any 
 office or appoint)nent, shall continue to hold their 
 respective offices, unless removed by competent au- 
 thority, until supersede.] under the laws now in force, 
 or under this Constitution. Mich., 316. 
 
 — It shall be the duty of the Legislature to pass such 
 laws for the organization, discipline, and service of 
 the militia of the State as may be deemed necessary. 
 Minn., 328. 
 
 — The Governor shall have power to call forth the 
 militia to execute the laws of the State, to suppress 
 insurrection, and repel invasion. Miss., 332 • Nev., 
 391. 
 
 — All able-bodied male inhabitants of the State of 
 Missouri shall be liable to military duty under this 
 ordinance, except as is hereinafter provided, and, 
 when organized, shall constitute and be known and 
 designated as the "Missouri Militia." Mo., 365. 
 — All able-bodied male inhabitants of this State, 
 between the ages of eighteen and forty-five years, 
 who are citizens of the United States, or have de- 
 clared their intention to become citizens of the 
 United States, shall be liable to military duty in the 
 militia of this State ; and there shall be no exemption 
 from such duty, except of such persons as the Gen- 
 eral Assembly may, by law, exempt. Mo.. 361. 
 — The General Assembly shall, by law, provide for 
 the organization of the militia, and for the paying of 
 the vsame when called into actual service; but there 
 shall be no officer above the grade of Brigadier-Gen- 
 eral, nor shall there be more than two officers of that 
 grade. Mo., 361. 
 
 — There shall be an enrolling officer for each county, 
 with the rank of a lieutenant, appointed by the com- 
 manding officer of each sub-district, whose duty it 
 shall be to enroll all persons in said county, liable to 
 do military duty, once in each year; and all enroll- 
 ments heretofore made under existing laws shall be 
 taken and considered as made under this ordinance. 
 Mo., 366. 
 
 — The militia, as soon as enrolled, shall be organized, 
 into platoons, companies, regiments and brigades. A 
 platoon shall be compo.sed of not less ihan thirty-two 
 nor more than forty-six privates, two sergeants, four 
 corporals, and one lieutenant. A company shall con- 
 sist of the number of men, commissioned and non- 
 commissioned officers prescribed by the Revised Reg- 
 ulations of the Army of the United States. A regi- 
 ment shall consist of eight companies or more, with 
 the number of field and staff officers prescribed by 
 "Army Regulations" for the particular branch of 
 service to which it may be assigned. A brigade shall 
 consist of three or more regiments. Mo., 366. 
 — Platoons or companies, as soon as organized, shall 
 elect their commissioned officers, which officers, 
 together with all brigade, regimental, and staff offi- 
 cers appointed by the Governor, and .all non-commis- 
 sioned company officers, shall, before commissions or 
 warrants, as the case may be, [be] issue]d| to them, 
 take and subscribe the following oath: "I, A. B., 
 
 aged years, of the county of , in the Stale 
 
 of Missouri, and a native of , do on oath (nr 
 
 affirmation) declare that I have not, during the 
 present rebellion, taken up arms or levied war 
 against the United States nor against the State of 
 Missouri, nor have I willfully adhered to the enemies 
 of either, whether domestic or foreign, by giving aid 
 or comfort, by denouncing said governments or either 
 of them, by going into or favoring or encouraging 
 others to go into, or favor secession, rebellion, or dis- 
 union, but have always in good faith opposed the 
 same; and further, that I will support, protect, and 
 defend the Constitution of the United States and of 
 the State of Missouri against all enemies or opposers, 
 whether domestic or foreign, any ordinance, lavv, 
 resolution of any State Convention or Legislature, or 
 of any orders, organization, secret or otherwise, to 
 the contrary notwithstanding, and that I do this with 
 an honest purpose, pledge and determination faith- 
 fully to perform the same, without any mental reser- 
 vation or evasion whatever, so help me God. Mo., 
 366. 
 
 — The staff of general officers shall be the same as for 
 the time may be prescribed by the Regulations of the 
 United States Army, or orders of the War Depart- 
 ment, governing appointments of officers of the 
 same grade in the United States service, all of whom 
 
200 
 
 shall be detailed from the line of the command of the 
 officer to whose staff they are attached. Mo., 366. 
 — It shall be lawful for the Commander-in-Chief to 
 call into service such platoons, companies or regi- 
 ments as the safety and peace of the State may 
 require, and to issue such in.itructions as may be 
 necessary to insure strict discipline and familiarity in 
 drill. Mo., 366. 
 
 — The publication of the proclamation of the Gov- 
 ernor shall be deemed sufficient notice to all persons, 
 subject to military duty, to report to their respective 
 commanding officer for active service. Mo., 366. 
 — The Articles of War and Army Regulations, as 
 published by authority of the War Department of the 
 United States, shall be observed by the Missouri Mili- 
 tia in every particular not otherwise provided by this 
 Ordinance, and the manner of drill shall be such as is 
 prescribed in the tactics adopted for the United States 
 Army. Mo., 367. 
 
 — Whenever the militia, or any part of it, is called 
 into service, the Inspector-G-eneral or his assistants, 
 shall muster such force into the service on the rolls 
 of the platoon or company, one of which rolls shall 
 be retained by the commanding officer of the platoon 
 or company, one copy shall be returned to the 
 Adjutant-Q-eneral of the State, and one copy to the 
 district head-quarters. He shall administer to each 
 platoon or company separately on the following oath : 
 '' You and each of you do solemnly swear that you 
 will support, protect and defend the United States 
 and the State of Missouri, and the Constitution and 
 laws thereof, against all their enemies ; that you will 
 assist in enforcing the laws, and will obey all lawful 
 orders of the officers having authority to command 
 you whilst in the service, so help yo>i God." And 
 any person subject to military duty who shall refuse 
 to take such oath, shall be considered and treated as 
 a prisoner of war. Mo.. 367. 
 
 — Every person who neglects or refuses to enroll 
 himself shall pay the sum of twenty dollars, to be 
 levied upon his goods and chattels, by order of the 
 commanding officer of the district, and may be 
 imprisoned or put at hard labor by said officer until 
 said fine is paid, and shall then be enrolled and 
 assigned to such platoon or company as the com- 
 manding officer of the district may direct; and any 
 person duly enrolled and liable to militia service who 
 shall refuse or neglect to perform such service, shall 
 pay a fine of five dollars per day for every day he 
 fails to render such service, after having been thereto 
 required by his officers, and in addition thereto such 
 delinquent shall be subject to arrest, trial and punish- 
 ment, within the discretion of a court martial, and 
 nothing in this section shall be construed to exempt 
 any man from military service. Mo., 367. 
 ■ — The commanding officer of each platoon or com- 
 pany shall certify, to the commanding officer of the 
 battalion or reiiment to which he is attached, a list 
 of all persons liable to fine under the provisions of 
 this ordinance, with the number of days each person 
 neglected or refused to do duty, which list shall be, 
 by the commanding officer of the battalion or regi- 
 ment, certified to the Clerk of the Circuit Court of 
 the County ten days before the next term of the said 
 court, who shall place a copy of said list in a con- 
 spicuous place in his office at least five days before' 
 the first day of the term. Mo., 367. 
 — It shall be the duty of the Circuit Court to render 
 a judgment and award an execution against each 
 person named in said lists for the sum due by him, 
 and costs, which shall be collected as other fines. 
 The Sheriff of the County may collect all sums due 
 in said lists before judgment, and shall pay over the 
 same to the State treasury to the credit of the " Union 
 Military Fund." He shall certify to the commanding 
 officer of the district the names of all persons who 
 fail to pay the amount stated against them. in said 
 lists, or who have no property whereof to levy such 
 execution. And the commanding officer of the dis- 
 trict shall arrest and put at labor the persons men- 
 tioned in the last named list, until the amounts due 
 by them are paid. And it shall be the duty of the 
 
 Circuit Attorney of the proper circuit to prosecute 
 all such matters as shall come before the said court 
 by virtue of this section. Mo., 367. 
 — The sum of fifty cents per day shall be reckoned to 
 every person put at labor, under the provisions of 
 this ordinance, until the fine or penalty due by him 
 is fully paid. Mo., 367. 
 
 — The uniform of the Missouri militia shall be the 
 same as prescribed by the United States Army Eegu- 
 lations for the army of the United States, until other- 
 wise ordered by the Commander-in-Chief. Mo., 367. 
 — All officers when on duty, shall wear the uniform 
 of their rank, and no person not in the military ser- 
 vice of the State or the United States, shall wear any 
 insignia of rank, or any part of uniform, under a pen- 
 alty of twenty dollars for every offense, to be re- 
 covered by suit and summary trial before any Justice 
 of the Peace. Mo., 367. 
 
 — The pay of the militia shall be the same for offi- 
 cers and men as allowed for the time by the United 
 States to officers and soldiers, and fifty cents for each 
 day's service of his horse, when he is mounted ; and 
 such pay shall be in the same funds in which the 
 United States Volunteers are paid, or their equiva- 
 lent. Mo., 368. 
 
 — All taxes levied and collected for military pur- 
 poses, and all fines imposed upop militiamen by this 
 ordinance, all proceeds of the sale of contraband or 
 captured property, seized or captured by the militia, 
 and all other appropriations and levies made for the 
 benefit of the miUtia, shall likewise be paid into the 
 treasury, to the credit of the said union military fund. 
 Out of said fund shall be paid, first, all sums now due 
 the enrolled Missouri militia for services rendered, 
 and union military bonds now outstanding or here- 
 after issued, and second, all expenses incurred ac- 
 cording to law, and audited by the proper officers, 
 and appropriations for military purposes, as other 
 claims against the State. Mo., 368. 
 — The Governor of the State shall lay before the 
 General Assembly, at each regular session thereof, a 
 report of the moneys expended for militia purposes, 
 and an estimate of the fimds necessary for support of 
 the militia for the next two years. Mo., 368. 
 — The Commander-in-Chief may assign to duty as 
 paymasters, such officers as may to him seem proper, 
 not exceeding four (4) in number, with the rank and 
 pay of majors of infantry, and require them, before 
 entering upon the discharge of the duties of the 
 office, to execute a bond in a sum and with such se- 
 curities as he shall order, conditioned for the faithful 
 performance of their duty. Mo., 368. 
 — Any officer, civil or military, who may refuse to 
 account for and pay over, according to law, anj' 
 moneys or property coming to his hands belonging 
 to the militia fund, shall, upon conviction thereof in 
 the Circuit or Criminal Court, on indictment, be sen- 
 tenced to imprisonment in the penitentiary for a term 
 of not less than five or more than ten years. Mo., 368. 
 — Courts-Martial shall be constituted and shall pro- 
 ceed in all cases, and be governed by the laws and 
 regulations prbscribed for the United States Army. 
 Mo., 368. 
 
 — The General Assembly of this State shall provide 
 the ways and means for the payment of the Missouri 
 militia, and may, at any time, amend or repeal this 
 ordinance. Mo., 368. 
 
 — The Legislature shall determine what persons shall 
 constitute the militia of the State, and may provide 
 for organizing and disciplining the same, in such man- 
 ner as shall be prescribed by law. A'e6., 373. 
 — The Legislature shall provide by law for organizing 
 and disciplining the militia of this State, for the effec- 
 tual encouragement of volunteer coips, and the safe 
 keeping of the public arms. Nm., 391. 
 — The division of the militia into brigades, regiments 
 and companies, made in pursuance of the militia laws 
 now in force, shall be considered as the proper divi- 
 sion of the militia of this State, until the same shall 
 be altered by some future law, N. H., 406. 
 — All public boards, the Commissary-General, all 
 superintending officers of public magazines, and 
 
201 
 
 1 S 2. Militia officers shall be chosen or appointed as follows : Captains, sub- 
 
 2 alterns and non-commissioned officers shall be chosen by the written votes of 
 
 3 the members of their respective companies ; field officers of regiments and 
 
 4 separate battalions, by the written votes of the commissioned officers of the 
 
 5 respective regiments and separate battalions ; Brigadier-Generals and Brigade 
 
 6 Inspectors by the field officers of their respective brigades ; Major-Generals, 
 
 7 Brigadier-Generals and commanding officers of regiments or separate battal- 
 
 8 ions, shall appoint the staff officers to their respective divisions, brigades, 
 
 9 regiments or separate battalions. 
 
 stores belonging to this State, and all commanding 
 officers of forts and garrisons within the same, shall, 
 once in every three months, officially, and without 
 requisition, and at other times when required by the 
 Governor, deliver to him an account of all goods, 
 stores, provisions, ammunition, cannon with their 
 appendages, and all small arras with their accoutre- 
 ments, and of all other public property under their 
 care respectively; distinguishing the quantity and 
 kind of each as particularly as may be, together with 
 the condition of such forts and garrisons; and the 
 commanding officer shall exhibit to the Governor, 
 when required by him, true and exact plans of such 
 forts, and of t.iie land and sea, or harbor or harbors 
 adjacent. N. II., 407. 
 
 — -The Legislature shall provide by law for enrolling, 
 organizing, and arming the militia. iV. J.. 418. 
 — AH white male citizens, residents of this State, 
 being eighteen years of age, and under the age of 
 forty-five years, shall be enrolled in the militia, and 
 perform military duty, in such manner, not incom- 
 patible with the Constitution and laws of the United 
 States, as may be prescribed by law. Ohio, 440. 
 — The Grovernor shall commission all officers of the 
 line and staff, ranking as such; and shall have power 
 to call forth the militia, to execute the laws of the 
 State, to suppress insurrection and repel invasion. 
 Ohio, 440. 
 
 — The General Assembly shall provide, by law, for 
 the protection and safe keeping of the pubho arms. 
 Ohio, 440. 
 
 — The Legislative Assembly shall fix by law the 
 method of dividing the militia into divisions, bri- 
 gades, regiments, battalions and companies, and make 
 all other needful rules and regulations in such man- 
 ner as they may deem expedient, not incompatible 
 with the Constitution or laws of the United States, 
 or of the Constitution of this State, and shall fix the 
 rank of all staff officers. Or., 456. 
 — The freemen of this Commonwealth shall be armed, 
 organized, and disciplined for its defense, when and 
 in such manner as may be directed by law. Those 
 who conscientiously scruple to bear arms, shall not 
 be compelled to do so, but shall pay an equivalent 
 for personal service. Pa., 465. 
 — All militia officers shall be elected by persons sub- 
 ject to military duty within the bounds of their 
 several companies, battalions, regiments, brigades 
 and divisions, under such rules and regulations as the 
 Legislature may, from time to time, direct and estab- 
 lish. Tenn., 497. . , ^ 
 
 The inhabitants of this State shall be trained and 
 
 armed for its defense, under such regulations, restric- 
 tions and exceptions, as Congress, agreeably to the 
 Constitution of the United States, and the Legislature 
 of this State shall direct. The several companies of 
 militia shall, as often as vacancies happen, elect their 
 captain and other officers, and the captains and sub- 
 alterns shall nominate and recommend the field 
 51 
 
 officers of their respective regiments, who shall 
 appoint their staff officers. Vl, 525. 
 — The Legislature shall determine what persons shall 
 constitute the militia of the State, and may provide 
 for organizing and disciplining the same in such man- 
 ner as shall be prescribed by law. Wis., 563. 
 
 ELECTION OK APPOINTMENT OP MILITIA 
 OFPICERS. 
 
 — That all military officers be appointed during 
 pleasure ; that all commissioned officers, civil and 
 military, be commissioned by the Governor ; and that 
 the Chancellor, the Judges of the Supreme Court, 
 and the first Judge of the County Court in every 
 county, hold their offices during good behavior, or 
 until they shall have respectively attained the age of 
 fifty years. N. Y. (1777), 30. 
 
 [The provisions of Art. XI, §§ 2, 4, 5 and 6 are 
 copied from the Constitution of 1821, except the 
 words " Brigade Inspectors," which were introduced 
 in 1846.J P. 38. 
 
 — ^The Governor shall nominate, and with the con- 
 sent of the Senate appoint, all Major-Generals, brigade 
 inspectors, and chiefs of the state departments, except 
 the Adjutant-General and Commissary-General. The 
 Adjutant-General shall be appointed by the Governor. 
 iV. r. (1821), 38. 
 
 — No other officers than Adjutant-Generals and 
 Quartermaster-Generals shall be appointed by the 
 General Assembly. And provided further, that Major- 
 Generals shall appoint their aids and all division and 
 staff officers, Brigadier-Generals shall appoint their 
 aids and all other brigade staff officers, and Colonels 
 shall appoint their regimental staff officers. Ala., 78. 
 — The Governor shall appoint the Adjutant-General 
 and other members of his staff; Major-Generals, 
 Brigadier-Generals, and commanders of regiments, 
 shall respectively appoint their own staff; and all 
 commissioned officers may continue in office during 
 good behavior, and staff offices during the same time, 
 subject to be removed by the superior officer from 
 whom they respectively derive their commissions. 
 Ark, 90. 
 
 — Officers of the militia shall be elected or appointed, 
 in such a manner as the Legislature shall from time to 
 time direct, and shall be commissioned by the Gov- 
 ernor. Cal, 102 ; (nearly similar), I"!., 137 ; £an., 
 203. 
 
 — Officers of the militia shall be elected or appointed, 
 and be commissioned in such manner as may be pro- 
 vided by law. Mich., 314. 
 
 — tNo commission shall be vacated except by sentence 
 of a court-martial. FL, 137. 
 
 — All militia and county officers shall be elected by 
 the people, under such regulations as have been or 
 may be prescribed by law. Va., 150. 
 
202 
 
 -Company, battalion, and regiinental officers, staff 
 oflicers excepted, shall be elected by the persons 
 composing their several companies, battalions, and 
 regiments. Ill, 163. 
 
 — Brigadier and Major-Generals shall be elected by 
 the officers of their brigades and divisions, respec- 
 tively. Ill, 163. 
 
 — All militia officers shall be commissioned by the 
 Governor, and may hold their commissions for such 
 time as the Legislature may provide. . Ill, 163. 
 — The Governor shall appoint the Adjutant, Quarter- 
 master, and Commissary-General. Ind., 180. 
 — All militia officers shall be commissioned by the 
 Governor, and shall hold their offices not longer than 
 Eix years. Ind., 180. 
 
 — All commissioned officers of the militia, (staff offi- 
 cers excepted), shall be elected by the persons liable 
 to perform military duty, and shall be commissioned 
 by the Governor. Iowa, 190. 
 
 — The Governor shall appoint the Adjutant-Genernl 
 and his other staff officers; the Major-Generals, 
 Brigadier-Generals, and commandants of regiments, 
 shall respectively appoint therr staff officers ; and 
 commandants of companies shall appoint their non- 
 commissioned officers. ^.,219; Tenn., 4:98. 
 — All militia officers, whose appointment is not herein 
 otherwise provided for, shall be elected by persons 
 subject to military duty, within their respective. com- 
 panies, battalions, regiments, brigades, and divisions, 
 under such rules and regulations, and for such terms, 
 not exceeding six years, as the General Assembly 
 may, from time to time, direct and establish. £y., 
 219. 
 
 — The Captains and subalterns of the militia shall be 
 elected by the written'votes of the members of their 
 respective companies. The field officers of regiments 
 by the written votes of the Captains and subalterns 
 of their respective regiments. The Brigadier-Generals, 
 in like manner, by the field officers of their respective 
 brigades. Me., 246. 
 
 — The Major-General shall be elected by the Senate 
 and House of Representatives, each having a negative 
 on the other. The Adjutant-General and Quarter- 
 master-General shall be appointed by the Governor 
 and Council; but the Adjutant- General shall perform 
 the duties of Quartermaster-General, until otherwise 
 directed by law. The Major-Generals and Brigadier- 
 Generals, and the commanding officers of regiments 
 and battalions shall appoint their respective staff offi- 
 cers; and all military officers shall be commissioned 
 by the Governor. Me., 246. 
 
 — And he shall also nominate, and with the advice and 
 Qonsent of the Council, appoint all other civil and 
 military officers whose appointment is not, by this 
 Constitution, or shall not by law, be otherwise pro- 
 vided for; and every such nomination shall be made 
 seven days at least prior to such appointment. Me., 
 244. 
 
 — There shall be an Adjutant-General, who shall be 
 appointed by the Governor, by and with the advice 
 and consent of the Senate. He shall hold his office 
 at the pleasure of the Governor ; shall perform such 
 duties, and shall receive such compensation or emolu- 
 ments as are now or may be hereafter fixed by law. 
 Md., 275. 
 
 — And no officer, duly commissioned to ctlmmand in 
 the militia, shall be removed from his office, but by 
 the address of both Houses to the Governor, or by 
 fair trial in court-martial, pursuant to the laws of the 
 Commonwealth for the time being. Mass., 288. 
 — The Major-Generals shall be appointed by the Sen- 
 ate and House of Representatives, each having a 
 negative upon the other ; and be' commissioned by 
 the Governor. Mass., 288. , 
 
 — And if the electors of brigadiers, field officers, cap- 
 tains or subalterns shall neglect or refuse to make 
 such elections, after being duly notified, according 
 to the laws for the time being, then the Governor, 
 with the advice of Council, shall appoint suitable per- 
 sons to fill such offices. Mass., 288. 
 — The commanding officers of regiments shall appoint 
 their adjutants and quartermasters; the brigadiers 
 
 their brigade-majors; and the major-generals their 
 aids ; and the Governor shall appoint the Adjutant- 
 General. J/a.ss., 288. 
 
 — Whenever the exigencies of the Commonwealth 
 shall require the appointment of a Commissary-Gen- 
 eral, he shall be nominated, appointed, and commis- 
 sioned in such manner as the Legislature may, by 
 law, prescribe. Mass., 294. 
 
 — All officers commissioned to command in the militia, 
 may be removed from office in sucli manner as the 
 Legislature may, by law, prescribe. Mass., 294. 
 — In the elections of captains and subalterns of the 
 miUtia, all the m.embers of their respective compa- 
 nies, as well those under as those above the age of 
 twenty -onfe years, shall have a right to vole. Mass., 
 294. 
 
 — Commissioned officers of the militia (staff officers 
 and the officers of volunteer companies excepted), 
 shall be elected by the perfons liable to perform 
 military duty, and the qualified electors within their 
 respective commands, and shall be commissioned by 
 the Governor. Miss., 342. 
 
 — Each company and regiment shall elect its own 
 company and regimental officers; but if any company 
 or regiment shall neglect to elect such officers within 
 the time prescribed by law, or by the order of the 
 Governor, they may be appointed by the Governor. 
 Mo., 361. 
 
 — The said election shall be conducted, and the returns 
 thereof made to the clerks of the several County 
 Courts, and by them immediately certified to tlie 
 Secretary of State, as provided by law in the case of 
 elections of State officers; and where an election 
 shall be held in a regiment or company, the returns 
 thereof, with the poll books, shall be certified to the 
 Secretary of State, and may be tran.=mitted by mnil, 
 or by any messenger to whom the judges of the elec- 
 tion may intrust the same for that pui-pose. Mo., 363. 
 — The Governor shall nominate, and by and with 
 the advice and the consent of the Senate, Jippoint 
 two Brigadier-Generals, and no more, and as many 
 Colonels, Lieutenant-Colonels and Majors as may be 
 necessary for properly disciplining and governing the 
 force organized under this ordinance; Provided, how- 
 ever, That the officers and men thus commissioned 
 and organized shall not be entitled to, nor receive 
 any pay, rations or emoluments, when not in actual 
 service. Mo., 366. 
 
 — The staff of the Commander-in-Chief shall be an 
 Adjutant-General, with the rank and pay of Colonc-l 
 of cavalry ; a Qiiarterma.ster-General, an Ii>p.^o:ov- 
 General and a Commissary-General, each w:th I'ne 
 rank and pay of a Colonel of cavalry ; a Paymar-ter- 
 General, with the rank and pay of Lieutenant-Coln- 
 nel of infantry; a Surgeon-General, with the rank 
 and pay of Colonel of infantry ; a Judge-Advocale- 
 General, with the rank and day ot Lieutenant-Colo- 
 nel of infantry ; three aids-de-oamp, with (lie rank 
 and pay of Major of infantry. He may detail li-ora 
 the line and field officers of anjr regiment such officers 
 as he may deem proper, and assign them to duty on 
 his staff. Mo., 366. 
 
 —-The captains and subalterns in the respective regi- 
 ments shall be nominated and recommended by the 
 field officers to the Governor, who is to i<sue their 
 commissions immediately on receipt of such recom- 
 mendations. N. H., 406. 
 
 — No officer duly commissioned to command in the 
 militia, shall be removed from his office but by the 
 address of both Houses to the Governor, or by fair 
 trial in court-martial, pursuant to the laws of the 
 State for the time being. N. H., 406. 
 — The commanding officers of the regiment shall ap- 
 point their adjutants and quartermasters; the briga- 
 diers, their brigade majors ; the major-generals, their 
 aids ; the captains and subalterns, their non-commis- 
 sioned officers. N. H., 406. 
 
 — -The Governor shall classify and arrange the afore- 
 said returned list, and shall make therefrom separate 
 lists of the electors belonging to each regiment, bat- 
 talion, squadron and battery, from said Territory in 
 the service of the United States, and shall, on or 
 
203 
 
 1 § 3. The Governor shall nominate, and, with the consent of the Senate, 
 
 2 appoint all Major-Gen era] s, and the Commissarj^-General. The Adjutant- 
 
 3 General and other chiefs of staff departments, and the Aides-de-Oamp of the Com- 
 
 4 mander-in-Ohief, shall be appointed by the Governor, and their commissions 
 
 5 shall expire with the time for which the Governor shall have been elected. The 
 
 6 Commissary-General shall hold his office for two years. He shall give security 
 
 7 for the faithful execution of the duties of his office, in such manner and 
 
 8 amount as shall be prescribed by law. 
 
 1 § 4. The Legislature shall, by law, direct the time and manner of electing 
 
 2 militia officers, and of certifying their elections to the Governor. 
 
 before the fifteenth dsiy of August following, trans- 
 mit by mail or otherwise, to the commanding officer 
 of each regiment, battalion, squadron and battery, a 
 list of electors belonging thereto, which said list shall 
 specify tlie name, residence and- rank of each elector, 
 and the company to which he belongs, if to any, and 
 also the county and township to which he belongs, 
 and in which he is enlitled to vote. Nev., 397. 
 ■ — Between the hour.s of nine o'clock, A. M., and three 
 o'clock, P. M., on each of the election days herein- 
 before named, a ballot box, or suitable receptacle For 
 Votes, shall be opened, under the immediate charge 
 and direction of three of the highest officers in com- 
 mand, for the reception of votes from the electors 
 whose names are upon said list, at each place where 
 a regiment, battalion, squadron or battery of soldiers 
 from the said Territory, in the Army of the United 
 States, may be on that day, at which time and place 
 said electors shall be entitled to vote for all officers 
 for which, by reason of their residence in the several 
 counties in the said Territory, they aie authorized to 
 vote, as fully as they would be entitled to vote in the 
 several counties or townships in which they reside, 
 and the votes so given by such electors at such time 
 and place, shall be considered, taken and held to have 
 been given by them in the respective townships in 
 which they are resident. Nev., 397. 
 — Captains, subalterns, and non-commissioned officers 
 shall be elected by tlie members of their respective 
 companies. N. J., 418. 
 
 — Field officers of regiments, independent battalions 
 and squadrons shall be elected by the commissioned 
 ofncers of their i-espective regiments, battahons, or 
 squadrons. N. J., 418. 
 
 — Brigadier-Generals shall be elected by the field 
 offif^ers of their respective brigades. N. J., 418. 
 — Major- Generals shall be nominated by the Gover- 
 nor, and appointed by him, with the advice and con- 
 sent of the Senate. iV: /, 418. 
 
 — The Legislature shall provide, by law, the time 
 and manner of electing militia officers, and of certi- 
 fying their elections to the Governor, who shall 
 gnurt their commissions and determine their rank, 
 when not determined by law ; and no commissioned 
 officer shall be removed from office but by the sen- 
 tence of a court-martial pursuant to law. N. J., 418. 
 — In case the electors of subalterns, captains or field 
 officers shall refuse or neglect to make such elections, 
 the Goveinor shall have power to appoint such offi- 
 cers and to fill all vacancies caused by such refusal or 
 neglect. iV! /., 418. ^. ., r ,., « 
 
 — Biigade inspectors shall be chosen by the field offi- 
 cers oT their respective brigades. N. J., 418. 
 —Tlie Governor shall appoint the Adjutant-General, 
 Qu irtermaster-General, and all other militia officeis 
 whose appointment is not otherwise provided for in 
 this Constitution. N. J., 418. 
 
 — Major-Generals, Brigadier-Generals, and command- 
 ing officers of regiments, independent battalions and 
 squadrons, shall appoint the staff officers of their divis- 
 ions, brigades, regiments, independent battahons and 
 squadrons, respectively. N. J., 419. 
 — The General Assembly shall have power to pass 
 laws regulating tlie mode of appointing and remov- 
 ing militia officers. N. C, 428. 
 
 ■ — -Majors-General, Brigadiers-General, Colonels, Lieu- 
 tenant-Colonels, Majors, Captains and subalterns, 
 shall be elected by the persons subject to military 
 duty, in their respective districts. Ohio, 440. 
 — The Governor shall appoint the Adjutant-General, 
 Quartermaster-General, and such other staff officers as 
 may be provided for by law. Majors-General, Briga- 
 diers-General, Colonels or commandants of regiments, 
 battalions or squadrons, shall severally appoint their 
 staff, and Captains shall appoint their non-commis- 
 sioned officers and musicians. Ohio, 440. 
 — The Major-Generals, Brigadier-Generals, Colonels, 
 or commandants of regiments, battalions, or squad- 
 rons, .shall severally appoint their staff officers, and 
 the Governor shall commission all officers of the line 
 and staff ranking as such. Or., 456. 
 — The Governor shall appoint tlie Adjutant-General 
 and the other chief officers of the general staff and 
 his own staff, and all officers of the line shall be 
 elected by the persons subject to military duty in their 
 respective districts. Or., 456. 
 
 — The manner of appointing militia officers shall be 
 prescribed by law. Va., 540. 
 
 — The Governor shall nominate, and by and with the 
 advice and consent of the Senate appoint all military 
 officers above the rank of Colonel. W. Va., 552. 
 
 EXEMPTIONS FROM MILITIA SERVICE. 
 
 — That all such of the inhabitants of this State (being 
 of the people called Quakers), as from scruples of 
 conscience, may be averse to the bearing of arms, be 
 therefrom excused by the Legislature ; and to pay to 
 the State such sums of money in lieu of their per- 
 sonal service as the same may, in the judgment of 
 the Legislature, be worth. N. T. (1777), 33. 
 — The militia shall, in all cases, except treason, 
 felony, or breach of the peace, be privileged from 
 arrest during their attendance at musters and elec- 
 tions of officers, and in going to and returning from 
 the same. 111., 163. 
 
 — But all citizens of any religious denomination 
 whatever, who, from scruples of conscience may be 
 averse to bearing arms, shall be exempted therefrom, 
 upon such conditions as may be prescribed by law. 
 Kan., 203. 
 
 — But those who belong to religious societies, whose 
 tenets forbid them to carry arms, shall not be com- 
 
204 
 
 1 S 5. The commissioned oflBcers of the militia shall be commissioned by the 
 
 2 Governor ; and no commissioned officer shall be removed from office, unless by 
 
 3 the Senate on the recommendation of the Governor, stating the grounds on 
 
 4 which such removal is recommended, or by the decision of a court-martial, 
 
 5 pursuant to law. The present officers of the militia shall hold their commis- 
 
 6 sions subject to removal as before provided. 
 
 1 S 6. In case the mode of election and appointment of militia officers hereby 
 
 2 directed, shall not be found conducive to the improvement of the militia, the 
 
 3 Legislature may abolish the same and provide by law for their appointment 
 
 4 and removal, if two-thirds of the members present in each House shall concur 
 
 5 therein. 
 
 pelled to do bo, but shall pay an equivalent for 
 personal services. Ky., 219. 
 
 — Persons of the denomination df Quakers and 
 Sliakers, Justices of the Supreme Judicial Court, and 
 ministers of the gospel, may be exempted from mili- 
 tary duty ; but no other person of the age of eighteen 
 and under the age of forty-five years, excepting 
 officers of the militia who have been honorably 
 discharged, shall be so exempted, unless he shall pay 
 an equivalent, to be fixed by law. Me., 246. 
 — But persons whose religious opinions and conscien- 
 tious scruples forbid them to bear arms, shall be 
 relieved from doing so on producing to the proper 
 authorities satisfactory proof that they are thus con- 
 scientious. Md., 275. 
 
 — But all such citizens of any religious denomination 
 whatever, who, from scruples of conscience may be 
 averse to bearing arms, shall be excused therefrom, 
 upon such conditions as shall be prescribed by law. 
 Mkh., 313. 
 
 — Persons over the age of forty-five years, and 
 under the age of eighteen years ; United States mail 
 carriers, when actually employed as such; United 
 States and State officers ; one miller to each public 
 mill, and an engineer for the same, when actually 
 
 employed in said capacity; teachers of public schools; 
 ministers of the Gospel; regular practicing physi- 
 cians, and railroad employees, shall be exempt from 
 duty in the militia, and shall be entitled to and 
 receive from the " enrolling officer " a "certificate" 
 to that effect, on producing to said " enrolling officer " 
 salisfactory evidence of their respective avocations, or 
 employments. Mo., 366. 
 
 — The Surgeon-General shall appoint a physician or 
 surgeon for each county to examine persons claiming 
 exemption, who shall give to every person exempted 
 by him a certificate, aud shall return to the office of 
 the Adjutant of the district, within five days after the 
 close of each of his sittings, a complete list of all per- 
 sons so exempted. The physician or surgeon so 
 employed shall receive the pay of a Major of infantry 
 while actually engaged in such service. Mo., 367. 
 — Any physician or surgeon authorized by the provi- 
 sions of this ordinance to issue certificates of exemp- 
 tion, who shall fraudulently issue any such certificates, 
 shall be liable to a fine of not less than five hundred 
 dollars, to be recovered by indictment before the 
 Circuit Court of the proper county, except St. Louis 
 county, where the indictment shall be before the 
 Criminal Court. Mo., 367. 
 
205 
 ARTICLE XIL 
 
 1 Sbctiok 1. Members of the Legislature, and all officers, executive and 
 
 2 judicial, except such inferior officers as may be by law exempted, shall, before 
 
 3 they enter on the duties of their respective offices, take and subscribe the fol- 
 
 4 lowing oath or affirmation : 
 
 5 " I do solemnly swear (or affirm, as the case may be) that I will support the 
 
 6 Constitution of the United States, and the Constitution of the State of New 
 
 7 York ; and that I will faithfully discharge the duties of the office of 
 
 8 according to the best of my ability." 
 
 9 And no other oath, declaration or test, shall be required as a qualification 
 10 for any office or public trust. 
 
 OATHS. 
 
 [Under t,he New York Constitution of 1777, an 
 oath or affirmation of allegiance to the State was 
 required of electors, but no oath of office was pre- 
 scribed ; the oath of office now required was intro- 
 duced in 1821.] 
 
 — All civil officers of this State, legislative, executive, 
 and judicial, before they enter upon the execution of 
 the duties of their respective offices, shall take the 
 following oath : " I solemnly swear" (or affirm, as the 
 case may be), " that I will support the Constitution 
 of the United States, and the Constitution of the 
 
 State of so long os I continue a citizen thereof; 
 
 and that I will faithfully discharge, to the best of my 
 
 abilities, the duties of the office of , so help me 
 
 God," ^?a., 86; (nearly similar), Ct, 113. 
 — Members of tiie Legislature, and all officers, execu- 
 tive and judicial, except such inferior officers as may 
 be by law exempted, shall, before they enter on the 
 duties of their respective offices, take aud subscribe 
 the following oath or affirmation : " I do solemnly 
 swear" (or affirm, as the case may be) " that I will 
 support the Constitution of the United States, and 
 
 the Constitution of the State of , and that I will 
 
 faithfully discharge the duties of the office of , 
 
 according to the best of my ability." And no other 
 oath, declaration or test, shall be required as a quali- 
 fication for any office of public trust. Cat, 104 ; Iowa, 
 187; Mich., 314; Miss., 342; N. J., 415; Or., 452. 
 — AH persons thus declared to be State officers, shall 
 enter upon the discharge of their respective offices as 
 soon thereafter as they take and subscribe an oath 
 before any Justice of the Peace, or other officer 
 authorized to administer oaths, as follows : That they 
 will faithfully perform the duties of their respective 
 offices ; that they will support the Constitution and 
 laws of the State and of the United States ; and said 
 oath, in case of State officers, shall be filed in the 
 office of the Secretary of State ; and in case of county 
 officers, they shall enter upon the duties of their 
 respective offices immediately after the election upon 
 filing said oath with the county commissioners. Arh., 
 94. ° 
 
 — Members of the General Assembly and all officers, 
 executive and judicial, shall be bound by oath or 
 affirmation, to support the Constitution of this State, 
 and to perform the duties of their respective offices 
 with fidelity. Del-, 126. , „ « 
 
 —Members of the General Assembly, and all oflicers, 
 civil or military, before they enter upon the execu- 
 tion of their respective offices, shall take the follow- 
 in" oath or affirmation: "I do swear (or affirm) that 
 I am duly qualified according to the Constitution of 
 52 
 
 this State, to exercise the office to which I have been 
 elected (or appointed), and will to the best of my 
 abilities, discharge the duties thereof, and preserve, 
 protect and defend the Constitution of this State, and 
 of the United States of America." Fl, 136. 
 — The oaths of officers directed to be taken under this 
 Constitution, may be administered by any judge, or 
 justice of the peace, in the State of Florida, until 
 otherwise provided by law. Fl., 140. 
 — The Governor shall, before he enters on the duties 
 of his office, take the following oath or affirmation : 
 " I do solemnly swear or affirm (as the case may be), 
 that I will faithfully execute the office of Governor 
 
 of the State of ; and will, to the best of my 
 
 abilities, preserve, protect and defend the Constitution 
 thereof, and of the Constitution of the United States 
 of America." Ga., 147 ; (nearly similar), III., 158. 
 — Every Senator and Eepresentative, before taking 
 his seat, shall take an oath or affirmation to support 
 the Constitution of the United States and of this 
 State ; and also that he hath not practiced any 
 unlawful means, either directly or indirectly, to pro- 
 cure his election. And every person convicted of 
 having given or ofifered a bribe, shall be disqualified 
 from serving as a member of either House for the 
 term for which he was elected. Oa., 145. 
 — Every person elected or appointed to any office 
 under this Constitution shall, before entering on the 
 duties thereof, take an oath or affirmation to support 
 the Constitution of this State and of the United 
 States, and also an oath of office. III., 154; Iowa, 
 194; 07«'o, 443; Or., 458; Tenn., 498. 
 — Members of the General Assembly are hereby 
 empowered to administer to each other the oath or 
 affirmation. Iowa, 187. 
 
 — All State officers, before entering upon their respec- 
 tive duties, shall take and subscribe an oath or affir- 
 mation to support the Constitution of the United 
 States and the Constitution of this State, and faith- 
 fully to discharge the duties of their respective offices. 
 Kan., 199. 
 
 — Members of the General Assembly and all officers, 
 before they enter upon the duties of their offices 
 shall take the following oath or affirmation : " I, A. 
 B., do solemnly swear (or affirm) that I will support 
 the Constitution and laws of the United States, and 
 of this State, and that I will faithfully and impartially 
 discharge and perform all the duties incumbent on 
 
 me as , according to the best of my abilities and 
 
 understanding, so help me God I" La., 232. 
 — Members of the General Assembly, and all offi- 
 cers, before they enter upon the execution of the 
 duties of their respective offices, and all members of 
 the bar, before they enter upon the practice of their 
 
206 
 
 profession, shall take the followinsr oath or nffiimalion ; 
 " I do solemnly swear (or affirm, as the case may be), 
 that I will support the Constitution of the United 
 States, and the Constitution of this State, and be 
 
 f^iithful and true to the Commonwealth of , so 
 
 long as I continue a citizen thereof, and that I will 
 faithfully execute, to the best of my abilities, the 
 
 office of , according to law ; and I do further 
 
 solemnly swear (or affirm), that since the adoption of 
 the present Constitution, I, being a citizen of this 
 Slate, have not fought a duel, with deadly weapons, 
 within this State or out of it, with a citizen of this 
 Slate, nor have I sent or accepted a challenge to 
 fight a duel with deadly weapons, with a citizen of 
 this State; nor have I acted as second in carrying a 
 challenge, or aided, or assisted any person thus 
 offending — so help me God." Ky., 219; (nearly sim- 
 ilar), Tex., 514. 
 
 — The oaths of office herein directed to be taken 
 may be administered by any Judge or Justice of the 
 Peace, until the General Assembly shall otherwise 
 direct. Ky., 221 
 
 — The General Assembly shall pass laws requir- 
 ing the president, directors, trustees or agents of cor- 
 porations, created or authorized by the laws of this 
 State, teachers, or superintendents of public schools, 
 colleges or other institutions of learning^; attorneys- 
 at-law, jurors and such other persons as the General 
 Assembly shall from time to time piescribe, to take 
 the oath of allegiance to the United States set forth 
 in the first article of this Constitution. Md., 264. 
 — And every person chosen to either of the places or 
 offices aforesaid, as also any person appointed or com- 
 missioned to any judicial, executive, military or other 
 office under the government, shall, before he enters 
 on the discharge of the business of his place or office, 
 take and subscribe the following declaration and oaths 
 or affirmations, viz.: Mass., 291. 
 — " I, A. B., do solemnly sweat', that I will bear true 
 faith and allegiance to the Commonwealth of Massa- 
 chusetts, and will support the Constitution thereof. 
 So help me God." Mass,, 294. 
 
 — Provided, That when any person shall be of the 
 denomination called Quakers, and shall decline taking 
 said oath, he shall make his affirmation in the forego- 
 ing form, omitting the word ''swear," and inserting, 
 instead thereof, the word "affirm," and omitting the 
 words, " So help me, God," and subjoining, instead 
 thereof, the words "This I do under the pains and 
 penalties of perjury.'' Mass., 294. 
 — No oath, declaration, or subscription, excepting the 
 oath prescribed in the preceding article, and the oath 
 of office, shall be required of the Governor, Lieuten- 
 ant-Governor, Councillors, Senators, or Representa- 
 tives, to qualify them to perform tlie duties of their 
 respective offices. Mass., 291. 
 
 — " I, A. B., do solemnly swear and affirm that T will 
 faithfully and impartially discharge and perform al! 
 
 the duties iiicumbent on me as , according to the 
 
 best of my abilities and understanding, agreeably to 
 the rules, and regulations of the Constitution and 
 the laws of the Commonwealth, so help me God." 
 Mass., 291. 
 
 — And the said oaths or affirmations shall be taken 
 and subscribed by the Governor, Lieutenant-Gover- 
 nor and Councillors, before the President of the 
 Senate, in the presence of the two Houses of Assem- 
 bly ; and by the Senators and Representatives first 
 elected under this Con.ftitution, before the President 
 and five of the Council of the former Constitution ; 
 and forever afterwards before the Governor and 
 Council for the time being; and by the residue of the 
 officers aforesaid, before such persons, and in such 
 manner as from time to time shall be prescribed by 
 the Legislatqre. Mass., 291. 
 
 -rBvery person elected or appointed to either of the 
 places or offices provided in this Constitution, and 
 every person, elected, appointed, or commissioned to 
 any judicial, executive, military, or other office under 
 tliis State, shall, before he enters on the discharge of 
 the duties of his place or office, take and subscribe 
 the following oath or affirmation: "I, , do swear, 
 
 that I will support the Constitution of the United 
 States and of this State, so long as I shall continue a 
 citizen thereof. So help me God." 
 
 " I, , do swear that I will faithfully discharge, 
 
 to the best of my abilities, the duties incumbent on 
 
 me as , according to the Constitution and the 
 
 laws of the State. So help me God." Provided, 
 That an affirmation, in the above foim may be sub- 
 stituted, when the persons shall be conscientiously 
 scrupulous of taking and subscribing an oath. 
 
 The oaths or affirmations shall be taken and sub- 
 scribed by the Governor and Counsellors before the 
 presiding officer of the Senate, in the presence of 
 both Houses of the Legislature, and by the Senators 
 and Representatives before the Governor and Coun- 
 cil, and by the residue of said officers before such per- 
 son as shall be prescribed by the Legislature ; and, 
 whenever the Governor or any Counsellor shall not 
 be able to attend, during the session of the Legisla- 
 ture, to take and subscribe said oaths or affirmations, 
 such oaths or affirrnations may be taken and sub- 
 scribed, in the recess of the Legislature, before any 
 Justice of the Supreme Judicial Courts; Provided, 
 That the Senators and Representatives first elected 
 under this Constitution shall take and subscribe such 
 oaths or affirmations before the President of the Con- 
 vention. Me., 247. 
 
 — All members and officers of both branches of the 
 Legislature shall, before entering upcn the duties of 
 their respective trusts, take and subscribe an oath or 
 affirmation to support the Constitution of the United 
 
 States, the Constitution of the State of , and 
 
 faithfully and impartially to discharge the duties de- 
 volving upon him as such member or officer. W.nn., 
 323. 
 
 — Each officer created by this article shall, before 
 entering upon his duties, take an oath or affirmation 
 to support the Constitution of the United States, and 
 of this State, and faithfully discharge the duties of his 
 office to the best of his judgment and ability. Minn., 
 324. 
 
 — The Legislature shall provide for a uniform oath or 
 affirmation to be administered at elections ; and no 
 person shall be compelled to take any other or differ- 
 ent form of oath to entitle him to vote. Minn., 329. 
 — Within sixty days after this Constitution takes 
 effect, every person in this State holding any office 
 of honor, trust, or profit under the Constitution or 
 laws thereof, or under any municipal corporation, or 
 any of the other offices, positions, or trusts mentioned 
 in the third section of this article, shall take and snb- 
 .scribe the said oath. If any officer or person referred 
 to iu this section shall fail to comply with the require- 
 ments thereof, his office, position, or trust shall, ipso 
 facto, become vacant, and the vacancy shall be filled 
 according to the law governing the case. Mo., 350. 
 — The oatli to be taken as aforesaid shall be known 
 as the Oath of Loyalty, and shall be in the following 
 terms : 
 
 " I, A. B., do solemnly swear, that I am well ac- 
 quainted with the terms of the third section of the 
 
 second article of the Constitution of the State of , 
 
 adopted in the year 1865, ar.d have carefully consid- 
 ered the same ; that I have never, directly or indi- 
 rectly, done any of the acts in said section specified; 
 that I have always been truly and loyally on the 
 side of the United States against all enemies thereof, 
 foreign and domestic; that I will bear true faith and 
 allegiance to the United States, and will support the 
 Constitution and laws thereof, as the supreme law of 
 the land, any law or ordinance of any State to the 
 contrary notwithstanding; that I will, to the best of 
 my ability, protect and defend the Union of the 
 United States, and not allow the same to be broken 
 up and dissolved, or the Government thereof to be 
 destroyed or overthrown, under any circumstances, 
 if in my power to prevent it ; that I will support the 
 
 Constitution of the State of , and that I make 
 
 this oath without mental reservation or evasion, and 
 hold it to be binding on me." Mo., 349. 
 — Members of the Legislature, and all officers, execu- 
 tive and judicial, except such inferior officers as may 
 
207 
 
 be by law exempted, shall, befortf the)' entor upon 
 the duties of their re5.pective offices, laki> anci sub- 
 scribe an oath or afflrmatiori to siipport, the Constitu- 
 tion of the United States, and tha Constit-.itior. of 
 
 the State of , and faitlifully to dischaii,'e the 
 
 duties of their Jpspective offices to the best of their 
 ability. Neb., 373. 
 
 — Members of the Legislature, and all officers, execu- 
 tive, judicial and ministerial, shall, before they enter 
 upon the duties of their respective offices, take and 
 subscribe to the following oath or aflfij'mation : " I, 
 , do solemnly swear (or affirm), that I will sup- 
 port, protect and defend the Constitution and govern- 
 ment of the United States, and the Constitution and 
 
 government of the State of , against all enemies, 
 
 whether domestic or foreign ; and that I will bear 
 true faith, allegiance and loyalty to the same, any 
 ordinance, resolution, or law of any State, Conven- 
 tion or Legislature to the contrary notwithstanding; 
 and further, that I do this with u full determination, 
 pledge and promise, without any mental reservation 
 or evasion whatsoever. And I do further solemnly 
 swear (or affirm), that I have not fought a duel, nor 
 sent or accepted a challenge to fight a duel, nor been 
 a second to either party, nor in any manner aided or 
 assisted in such duel, nor been knowingly the bearer 
 of such challenge or acceptance, since the Constitu- 
 tion of the State of , and that I will not be so 
 
 engaged or concerned, directly or indirectly, in or 
 about such duel, during my continuance in office. 
 And further, that I will well and faithfully perform 
 
 all the duties of the office of , on which I am 
 
 about to enter; (if on oath), so help me God ; (if on 
 affirmation), under the pains and penalties of perjury." 
 Nev., 391. 
 
 — Any person chosen Governor, Councillor, Sen- 
 ator or Representative, military or civil officer (town 
 officers excepted) accepting the trust, shall, before he 
 proceeds to execute the duties of his office, make 
 and subscribe to the following declaration, viz. : 
 
 I, A. B., do solemnly swear that I will bear true 
 
 faith and true allegiance to the State of , and will 
 
 support the Constitution thereof. So help me God. 
 
 I, A. B., do solemnly and sincerely swear and 
 affirm that I will faithfully and impartially discharge 
 and perform all the duties incumbent on me as 
 , acooi'ding to the best of my abili- 
 ties; agreeable to the rules and regulations of this 
 Constitution, and the laws of the State of 
 So help me God. 
 
 Any person having talcen and subscribed the oath 
 of allegiance, and the same being filed in the Secre- 
 tary's office, he shall not be obliged to take said oath 
 again : 
 
 Provided, always, When any person, chosen or 
 appointed as aforesaid, shall be of the denomination 
 callfd Quakers, or shall be scrupulous of swearing, 
 and shall decline taking the said oaths, such per.son 
 shall take and subscribe them, omiiting the word 
 "swear," and likewise the words, "So help me 
 God," subjoining instead thei-eof, '' This I do under 
 the pains ami penalties of perjury." N. H.. 409. 
 — And the oal^lis or affirmation shall be taken and 
 subscribed by the Governor, before the Pi-esident 
 of the Senate, in pre.-ence of both Houses of the 
 Legislature, and by the Senators and Representatives 
 first elected under this Constitution, as alter-ed and 
 amended, before the Pr-esident of the Senate and a 
 nin,jority of the Coimcil then in rffice, and forever 
 afterwar'd befor-e the Gover-nor and Council for the 
 time beinu-; and by all other officers, before such 
 pei'sons and in such manner as the Legislature shall 
 fr-om time to time appoint. N. H. 409. 
 —And member-s elect of the Senate or General 
 Assembly are hereby empowered to administer to 
 each other the said oath or affirmation. N. J., 415. 
 
 The Governor elect shall enter on the duties of the 
 
 office on the first d^y of January next after his elec- 
 tion havino- previously taken the oaths of office m 
 presence of the members of both br-anches of the 
 Gener'al Assembly, or before the Chief Justrce of the 
 Supreme Court, who, in case the Governor elect 
 
 should be prevented fr-om attendance befor-e the Gen- 
 er-al Assenrbly, by sickness or other- iiriavoidiible c:cuse, 
 is airlhorizfd to administer the same. N. C., 429. 
 — That ever-y per-son wlio shall be chosen a rrrerrrber 
 of the Senate or Hou.«e of Commons, or appointed to 
 any office or place of trust, befor-e taking his seat, or 
 enter-ing upon the e.xeculion of his office, shall take 
 an oath to the State ; and all officers shall take an 
 oath of office. N. C, 424. 
 
 — And such oath may be administeied b)' the Gov- 
 er-nor, Secr-etar-y of State, or a Judge of the Supreme 
 Court. Or., 452. 
 
 ■ — Ever-y Judge of the Supr-eme Court, before enter- 
 ing upon the duties of his office, shall take and sub- 
 scribe, and tr-ansmit to the Secretary of State the 
 following oath : 
 
 " I , do solemnly swear (or iiffii-m) that 
 
 I will support the Constitution of the United States 
 and the Constitution of the State of Or-egon, and that 
 I will faithfully and inipai-tially discharge the duties 
 of a Judge of the Supi'eme and Circuit Courts of said 
 State according to the best of my ability, and th.-rt I 
 will not accept any other- office except judicial offices 
 drrring the term for which I have been elected. Or., 
 455. 
 
 — Members of the General Assembly, and officers e.x- 
 ecutive and judicial, shall be bound by oath or affirm- 
 ation to srrpport the Constitution of this Common- 
 wealth, and to per-form the duties of their respective 
 offices with fidelity. Pa., 407. 
 
 — All gener-al officers shall take the following engage- 
 ment befor-e they act in iheir respective offices, to 
 wit: R. I., 479. 
 
 You, , being by the free vote cf the 
 
 electors of this State of Rhode Ishmd and Providence 
 Plantations, elected unto the place of do 
 
 solemnly swear (or affii-m) to be true and faithful 
 unto this State, and to support the Constitution of 
 this State and of the Uuitei States; that you will 
 faithfully and impartially discharge all the duties of 
 your aforesaid office to the best of your abilities, 
 according to law ; so help you God. R. Z, 479. 
 
 Or, this affirmation you make aird give upon the 
 perils of the penalty of perjury. R. I., 479. 
 — The oath or affirmation .shall be adrrrinistered to 
 the Governor-, Lieutenant-Governor, Senators and 
 Repr-esentatives, by the Secretar-y of State, or, in his 
 absence, by the Attorney-Gener-al. The Secretary 
 of State, Attorney-General and General Tr-easurer-, 
 shall be engaged by the Gover-noi-, or by a Justice of 
 the Supreme Court. R. I., 479. 
 — The members of the Gener-irl AssembI)', the Judiies 
 of all the Comts, and all other offices, both crvil and 
 niilitar}', shall be bound by oath or affir-nialiorr to 
 support this Constitution, and the Constitution of the 
 United States. R. I., 479. 
 
 — The Gover-nor and Lieutenant-Governor, before 
 entering upon the duties of their 7espt,ctiv« office.^, 
 shall, in the pr-esenoe of the General Assembly, take 
 the oath of office prescribed in this Constitution. 
 S. C, 486. 
 
 — All persons who shall be elected or appointed to 
 any office of pr-ofit or trust, befor-e entering nu the 
 execution thei-eof. shall take, beside special o.-rth.s, not 
 repuu-nant to this Constitution, pre.scr-ibcd by the 
 Geue'ral Assembly, the following oath : '■ I do sweirr 
 (or affir-m) that I am ihdy quidified, according to the 
 Constitution of this State, to exercise the office to 
 which I have been appointed, and that I will, to rhe 
 best of nry ability, dischar-ge the dutie-* thereof, ainl 
 pr-eserve, pr-oteet and defend the Constitution of rl.rs 
 State, and that of the United States. So help me 
 God." S. C, 487. 
 
 —I solemrdy swear- that I will hcncefor-th support the 
 Constitution of the United, States and defend it 
 against the assarrlts of all its enemies; thiit 1 am an 
 active friend of the government of the United States ; 
 anil the enemy of the so-called Confeder-irte States; 
 that I ardently desire the snppre.'-sion of the jnesent 
 rebellion against the government of the Unrteil Slates; 
 that I sincerely rejoice in the triumph of lire arnrics 
 and navies of the United States, and in the defeat and 
 
208 
 
 overthrow of the armies, navies, and of all armed 
 combinations in the so-called Confederate States ; that 
 I will cordially oppose all armistices or negotiations 
 for peace with rebels in arms, until the Constitution 
 of the United States, and all laws and proclamations 
 made in pursuance thereof, shall be established over 
 all the people of every State and Territory embraced 
 within the National Union , and that I will heartily 
 aid and assist the loyal people in whatever measures 
 may be adopted for the attainment of those ends; 
 and further, that I take this oath freely and volunta- 
 rily and without mental reservation. So help me 
 God. Tenn., 504. 
 
 — Each member of the Senate and House of Repre- 
 sentatives shall, before they proceed to business, take 
 an oath or affirmation to support the Constitution of 
 this State, and of the United States, and also the fol- 
 lowing oath: " I, ., do solemnly swear (or 
 affirm), that as a member of this Q-eneral Assembly, 
 I will, in all appointments, vote without favor, affec- 
 tion, partiality or prejudice ; and that I will not pro- 
 pose or assent to any bill, vote or resolution which 
 shall appear to me injurious to the people, or consent 
 to any act or thing whatever that shall have a ten- 
 dency to lessen or abridge their rights and privileges, 
 asdeclaredby the Constitution of this State. Tenn.,498. 
 — The Representatives having met and chosen their 
 Speaker and Clerk, shall, each of them, before they 
 proceed to business, take and subscribe, as well the 
 oath or affirmation of allegiance hereinafter directed 
 (except where they shall produce certificates of their 
 having heretofore taken and subscribed the same), as 
 the following oalh or affirmation, viz. : 
 
 " You, do solemnly swear (or affirm) 
 
 that as a member of this Assembly you will not pro- 
 pose or assent to any bill, vote or resolution, which 
 shall appear to you injurious to the people, nor do or 
 consent to any act or thing whatever, that shall have 
 a tendency to lessen or abridge their rights and priv- 
 ileges, as declared by the Constitution of this State ; 
 but will in all things conduct yourselves as a faithful, 
 honest Representative and guardian of the people, 
 according to the best of your judgment and abilities. 
 (In case of an oath) — So help you Grod, (and in case 
 of an affirmation) under the pains and penalties of 
 perjury." R, 524. 
 
 " You do solemnly swear (or affirm) 
 
 that you will be true and faithful to the State of Ver- 
 mont and that you will not, directly or indirectly, do 
 any act or thing injurious to the Constitution or 
 government thereof, as established by Convention. 
 (If an oath). So help you Grod, (if an affirmation) 
 under the pains and penalties of perjury." Vt., 526. 
 
 " You, do solemnly swear (or affirm) 
 
 that you will faithfully execute the office of 
 for the of and will 
 
 therein do "equal right and justice to all men, to the 
 best of your judgment and abilities according to law. 
 (If an oath). So help you God, (if an affirmation) 
 under the pains and penalties of perjury." Vi., 526. 
 -^Every person elected or appointed to any office or 
 trust, civil or military, shall, before proceeding to 
 exercise the authority or discharge the duties of the 
 same, inake oath or affirmation that he will support 
 the Constitution of the United States, and the Con- 
 stitution of this State; and every citizen of this State 
 may, in time of war, insurrection, or public danger, 
 be required by law to make like oath or affirmation, 
 upon pain of suspension of his right of voting and 
 holding office under this Constitution. W. Va., 548. 
 — Members of the Legislature and all officers, execu- 
 tive and judicial, except such inferior officers as may 
 be by law exempted, shall, before they enter upon 
 the duties of their respective offices, take and sub- 
 scribe an oath or affirmation to support the Constitu- 
 tion of the United States, and the Constitution of 
 the State of Wisconsin, and faithfully to discharge 
 the duties of their respective offices to th^ best of 
 their ability. Wis., 563. 
 
 — The oath of office may be administered by any 
 Judge or Justice of the Peace, until the Legislature 
 shall otherwise direct. Wis., 575. 
 
 — That the oaths of office herein required to be taken 
 may be administered by a Justice of the Peace until 
 otherwise provided by law. lU., 167. 
 — No person shall assume the duties of any State, 
 county, city, town or- other office, to which he may 
 be appointed, otherwise than by a vote of the people; 
 nor shall any person, after the expiration of sixty 
 days after this Constitution takes effect, be permitted 
 to practice as an attorney or counselor-at-law ; nor, 
 after that time, shall any person be competent as a 
 bishop, priest, deacon, minister, elder or other clergy- 
 man of any religious persuasion, sect or denomina- 
 tion, to teach or preach, or solemnize marriages, 
 unless such person shall have first-taken, subscribed 
 and filed said oath [of allegiance to the United States 
 and State]. Mo., 350. 
 
 — In addition to the oath of loyalty aforesaid, every 
 person who may be elected or appointed to any 
 office shall, before entering upon its duties, take and 
 subscribe an oath or affirmation that he will, to the 
 best of his skill and ability, diligently and faithfully, 
 without partiality or prejudice, discharge the duties 
 of such office according to the Constitution and laws 
 of this State. Mo., 350. 
 
 ^Whoever shall, after the times limited in the seventh 
 and ninth sections of this article, hold or exercise any 
 of the offices, positions, trusts, professions, or func- 
 tions therein specified, without having taken, sub- 
 scribed, and filed said oath of loyalty, shall, on 
 conviction thereof, be punished by fine, not less than 
 five hundred dollars, or by imprisonment in the 
 county jail not less than six months, or by both such 
 fine and imprisonment; and whoever shall take said 
 Oath falsely, by swearing or by affirmation, shall, on 
 conviction thereof, be adjudged guilty of perjury, 
 and be punished by imprisonment in the penitentiary 
 not less than two years. Mo., 350. 
 — Every person holding any office of trust or profit 
 nnder tie late Constitution, or under any law of this 
 State, and who shall be continued in office under 
 this Constitution, or under any law of this State, 
 shall within thirty days after this Constitution shall 
 have gone into effect take and subscribe the oath or 
 affirmation set forth in the seventh section of this 
 article, and if any such person shall fail to take said 
 oath his office shall be ipso facto vacant. And every 
 person hereafter elected or appointed to office in this 
 State, who shall refuse or neglect to take the oath or 
 affirmation of office provided for in the said seventh 
 section of this article shall be considered as having 
 refused to accept the said office, and a new election 
 or appointment shall be made as in case of refusal to 
 accept or resignation of an office. And any person 
 swearing or affirming falsely in the premises shall, on 
 conviction thereof in a court of law, incur the penal- 
 ties for willful and corrupt perjury, and thereafter 
 shall be incapable of holding any office of profit or 
 trust in this State. Md., 258. 
 
 — ^Every person elected or appointed to any office- of 
 trust or profit under this Constitution, or under the 
 laws made pursuant thereto, before he shall enter 
 upon the duties of such office, shall take and subscribe 
 
 the following oath or affirmation : I, , do swear, 
 
 (or affirm, as the case may be) that I will, to ihe best 
 of my skill and judgment, diligently and faithfully, 
 without partiality or prejudice, execute the office of 
 
 , according to the Constitution and laws of this 
 
 State, and that since the fourth day of July, in the 
 year eighteen hundred and fifty-one, I have not in 
 any manner violated the provisions of the present, or 
 of the late Constitution, in relation to the bribery of 
 voters, or preventing legal votes or procuring illegal 
 votes to be given (and if a Governor, Senator, mem- 
 ber of the House of Delegates, or Judge), that I will 
 not, directly or indirectly, receive the profits or any 
 part of the profits of any other office during the term 
 
 of my acting as . I do further swear or affirm 
 
 that I will bear true allegiance to the State of Mary- 
 land and support the Constitution and laws thereof, 
 and that I will bear true allegiance to the United 
 States, and support, protect and defend the Consti- 
 . tution, laws and government thereof, as the supreme 
 
209 
 
 AETIOLB XIII. 
 
 1 Section 1. Any amendment or amendments to this Constitution may be 
 
 2 proposed in the Senate and Assembly ; and if the same shall be agreed to by 
 
 3 a majority of the members elected to each of the two Houses, such proposed 
 
 4 amendment or amendments shall be entered on their journals with the yeas 
 
 5 and nays taken thereon, and referred to the Legislature to be chosen at the 
 
 6 next general election of Senators, and shall be published for three months 
 
 7 previous to the time of making such choice, and if in the Legislature so next 
 
 8 chosen as aforesaid, such proposed amendment or amendments shall be agreed 
 
 9 to by a majority of all the members elected to each House, then it shall be the 
 
 10 duty of the Legislature to submit such proposed amendment or amendments 
 
 11 to the people, in such manner and at such time as the Legislature shall pre- 
 
 12 scribe ; and if the people shall approve and ratify such amendment or amend- 
 
 13 ments, by a majority of the electors qualified to vote for members of the 
 
 14 Legislature voting thereon, such amendment or amendments shall become part 
 
 15 of the Constitution. 
 
 law of the land, any law or ordinance of this or any 
 State to the contrary notwithstanding ; that I have 
 never directly or indirectly, by word, act or deed, 
 given any aid, comfort or encouragement to those in 
 rebellion agi:inst the United States or the lawful 
 authorities thereof, but that I have been truly and 
 loyally on the side of the United States against those 
 in armed rebellion against the United States; and I 
 do further swear (or affirm) that I will to the best of 
 my abilities protect and defend the Union of the 
 United States, and not allow the same to be broken 
 up and dissolved, or the government thereof to be 
 destroyed, under any circumstances, if in my power 
 to prevent it, and that I will at all times discounte- 
 nance and oppose all political combinations having 
 for their object such dissolution or destruction. ''^■^ 
 258. 
 
 Md., 
 
 VOTE ON ADOPTION" OF THE CONSTITU- 
 TION. 
 
 [Extended and minute provisions made for holding 
 the election on the adoption of the Constitution.] 
 Ark., 94; Cal., 105; Iowa, 195; Mich., 317; Mo., 
 303; i\''e6., 378; JVew., 397; Term., 500; Wis., 572. 
 
 — Every citizen of declared a legal voter by 
 
 this Constitution, and every citizen of the United 
 States, a resident of this State on the day of election, 
 shall be entitled to vote at the first general election 
 under this Constitution, and ou the question of the 
 adoption thereof. Cal., 105. 
 
 —If this Constitution shall be ratified by the people 
 of , the Executive of the existing govern- 
 ment is hereby requested immediately after the same 
 shall be ascertained, in the manner herein directed, to 
 cause a fair copy thereof to be forwarded to the 
 President of the United States, in order that he 
 may lay it before the Congress of the United States. 
 
 Cal, 106. . , . , „ , 
 
 —On the organization of the Legislature it shall be 
 the duty of the Secretary of State to lay before each 
 53 
 
 House a copy of the abstract made by the Board of 
 Canvassers, and if called for, the original returns of 
 election, in order that each House may judge of the 
 correctness of the report of said Board of Canvassers. 
 Cal, 106. 
 
 — That this Constitution shall be submitted to the 
 people for their adoption or rejection at an election 
 to be held on the , and there 
 
 shall also be submitted for adoption or rejection at 
 the same time, the separate articles in relation to the 
 emigration of colored persons and the public debt. 
 Ill, 167. 
 
 — That every person entitled to vote for members of 
 the G-eneral Assembly, by the Constitution and laws 
 now in force, shall on the , be 
 
 entitled to vote for the adoption or rejection of this 
 Constitution, and for and against the aforesaid articles 
 separately submitted, and the said qualified electors 
 shall vote in the counties in which they respectively 
 reside, at the usual places of voting, and not else- 
 where; and the said election shall be conducted 
 according to the laws now in force in relation to the 
 election of Grovernor, so far as applicable, except as 
 herein otherwise provided. Ill, 168. 
 — That the returns of the votes for the adoption or 
 rejection of this Constitution, and for and against the 
 separate articles submitted shall be made to the Sec- 
 retary of the State within fifty days after the election, 
 and the returns of the votes shall, within five days 
 thereafter, be examined and canvassed by the Audi- 
 tor, Treasurer, and Secretary of State, or any two of 
 them, in the presence of the Governor, and proclama- 
 tion shall be made by the G-overnor forthwith of the 
 result of the polls. If it shall appear that a majority 
 of all the votes polled are for the adoption of this 
 Constitution, it shall be the supreme law of the land, 
 from and after the first day of April, A. D. 1848, but 
 if it shall appear that a majority of the votes polled, 
 were given against the Constitution, it shall be null 
 and void. If it shall further appear that a majority 
 of the votes polled shall have been given for the sepa- 
 rate article in relation to colored persons, or the 
 
210 
 
 article for the two mill tax, then said article pr articles 
 shall be and form a part of this Constitution, other- 
 wise said article or articles shall be null and void. 
 Ill, 168. 
 
 — No article or section of this Constitution shall be 
 submitted as a distinct proposition to a vote of the 
 electors, otherwise than is herein provided. Ind., 
 182. 
 
 — Each elector shall express his assent or dissent by 
 voting a written or printed ballot labelled "For the 
 Constitution," or " Against the Constitution." Kan., 
 207. 
 
 — If a majority of all the votes cast at such election 
 shall be in favor of the Constitution, then tliere shall 
 be an election held in the several voting precincts on 
 the first Tuesday in December, A. D. 1859, for the 
 election of members of the first Legislature, of all 
 State, district and county officers provided for in this 
 Constitution, and for a representative in Congress. 
 Kan., 207. 
 
 — All persons having the qualifications of electors, 
 according to the provisions of this Constitution, at 
 the date of each of said elections, and who shall have 
 been duly registered according to the provisions of 
 the registry law of this Territory, and none others, 
 shall be entitled to vote at each of said elections. 
 Kan., 207. 
 
 7— The persons who may be judges of the several 
 voting precincts of this Territory at the date of Iho 
 respective elections in this schedule provided for, 
 sliall be the judges of the respective elections herein 
 provided for. Kan., 207. 
 
 — That " article XI," entitled " Commons," is hereby 
 adopted as a part of the Constitution of this State, 
 without being submitted to be voted upon by the 
 people. lU., 167. 
 
 — Immediately after the adjournment of the Conven- 
 tion, the Governor shall issue his proclamation di- 
 recting the several officers of this State, authorized 
 by law to hold elections, or in default thereof such 
 officers as he shall designate, to open and hold polls 
 in the several parishes of the State, at the places des- 
 ignated by law, on the first Monday of September, 
 1864, for the purpose of taking the sense of the good 
 people of this State iu regard to tlie adoption or 
 rejection of this Constitution ; and it shall be the duty 
 of said officers to receive the suffrages of all quali- 
 fied voters. Each voter shall express his opinion by 
 depositing in the ballot-box a ticket whereon shall 
 be written "The Constitution accepted," or, "The 
 Constitution rejected." At the conclusion of the 
 said election, the officers and commissioners ap- 
 pointed to preside over the same shall carefully ex- 
 amine and count each ballot as deposited, and shall 
 forthwith make due return thereof to the Secretary 
 of State, in conformity to the provisions of law and 
 usages in regard to elections. La., 237. 
 — Upon the receipt of said returns, or on the third 
 Monday of September, if the returns be not sooner 
 received, it shall be the duty of the Governor, the 
 Secretary of State, the Attorney-General and the 
 State Treasurer, in the presence of all such persons 
 as may choose to attend, to compare the votes at the 
 said election for the ratification or rejection of this 
 Constitution, and if it shall appear at the close, that 
 a majority of all the votes given is for ratifying 
 tills Constitution, then it shall be the duty of the 
 Governor to make proclamation of the fact, and 
 thenceforth this Constitution shall be ordained and 
 estabhshed as the Constitution of the State of Lou- 
 isiana. But whether this Constitution be accepted 
 or rejected, it shall be the duty of the Governor to 
 cause to be published the result of the polls, showing 
 the number of votes cast in each parish for and 
 against this Constitution. La., 237. 
 — The canvass of the votes cast for the adoption or 
 rejection of tliis Constitution, and the provision in 
 relation to the elective franchise separately submitted, 
 and the r-eturns thereof shall be made by the proper 
 canvassing officers, in the same manner as now pro- 
 vided by law for the canvass and return of the votes 
 cast at an election for Governor, as near as may 
 
 be, and the return thereof shall be directed to the 
 Secretary of State. On the , or 
 
 within five days thereafter, the Auditor-General, 
 State Treasurer, and Secretary of State, shall meet 
 at the Capitol, and proceed, in the presence of the 
 Governor, to examine and canvass the returns of the 
 said votes, and proclamation shall forthwith be made 
 by. the Governor of the result thereof. If it shall 
 appear that a majority of the votes cast upon the 
 question have thereon "Adoption of the Constitution 
 — yes," this Constitution shall be the supreme law of 
 the State fiom and after the first day of January, one 
 thousand eiglit hundred and fifty-one, except as is 
 herein otherwise provided; but if a majority of the 
 votes cast upon the question have thereon "Adoption 
 of the Constitution — no," the same shall be null and 
 void. Mich., 317. 
 
 — At the next general election, and at the same time 
 when the votes of the electors shall be taken for the 
 adoption or rejection of this Constitution, an addi- 
 tional amendment to section one of article seven, in 
 the words following : 
 
 " Every colored male inhabitant possessing the 
 qualifications required by the first section of the 
 second article of the Constitution, shall have the rights 
 and privileges of an elector." Mich., 318. 
 — This Constitution shall be submitted to the people 
 for their adoption or rejection, at the general election 
 to be held on the , and there shall also be sub- 
 mitted for adoption or rejection, at the same time, 
 the separate resolution in relation to the elective fran- 
 chise; and it shall be the duty of the Secretary of 
 State, and all other officers required to give or pub- 
 lish any notice in regard to the said general election, 
 to give notice, as provided by law in case of an elec- 
 tion of Governor, that this Constitution has been 
 duly submitted to the electors at said election. Every 
 newspaper within this State publishing, in the month 
 of September next, this Constitution as submitted, 
 shall receive, as compensation therefor, the sum of 
 twenty-five dollars, to be paid as the Legislature shall 
 direct. Mich., 317. 
 
 — Shall be separately submitted to the electors of 
 this State for their adoption or rejection, in form 
 following, to wit: A separate ballot may be given by 
 every person having the right to vote for the revised 
 Constitution, to be deposited in a separate box. 
 Upon the ballots given for the adoption of the said 
 separate amendment shall be written or printed, or 
 partly written and partly printed the words " Equal 
 suffrage to colored persons? Yes;" and upon all 
 ballots given against the adoption of the said sepa- 
 rate amendment, in like manner, the vsKjrds "Equal 
 suffrage to colored persons ? No." And on such bal- 
 lots shall be written or printed, or partly written anrl 
 partly printed, the words "Constitution: Suffrage," 
 in such manner that such words shall appear on tlie 
 outer side of such ballot when folded. If, at said 
 election, a majority of all the votes given for and 
 against the said separate amendment shall contain 
 the words " Equal suffrage to colored persons ? 
 Yes," then there shall be inserted in the first section 
 of the article, between the words "tribe and shall," 
 these words, " and every colored male inhabitant," 
 anything in the Constitution to the contrary not- 
 withstanding. Mich., 318. 
 
 — Any person entitled to vote for members of the 
 Legislature, by the Constitution and laws now in 
 force, shall, at the said election, be entitled to vote 
 for the adoption or rejection of this Constitution, and 
 for or against the resolution separately submitted, at 
 the places and in the manner provided by law for the 
 election of members of the Legislature. ^J^ch., 317. 
 — At the said general election a ballot box shall be 
 kept by the several boards of inspectors thereof, for 
 receiving the votes cast for or against the adoption of 
 this Constitution; and on the ballots shall be written 
 or printed, or partly written and partly printed, the 
 words, "Adoption of the Constitution — yes," or 
 "Adoption of the Constitution — no." Mich., 317. 
 — Upon the , an election 
 
 shall be held for members of the House of Represent- 
 
211 
 
 atives of the United States, Governor, Lieutenant- 
 (jovernor. Supreme and District Judges, members of 
 the Legislature, and all other officers designated in 
 this Constitution, and also for the submission of this 
 Constitution to the people, for their adoption or 
 rejection. Mhi.^ 331. 
 
 —Upon the day so designated as aforesaid, every free 
 white male inhabitant, over the age of twenty-one 
 years, who shall have resided within the limits of the 
 fcstate for ten days previous to the day of said election, 
 may vote for all officers to be elected under this Con- 
 stitution at such election, and also for or against the 
 adoption of this Constitution. Minn., 3.32. 
 — The returns of said election for and against this 
 Oonstituiion, and for all State officers and members 
 of the House of Representatives of the United States, 
 shall be made, and certificates issued, in the manner 
 now prescribi-d by law for returning votes given for 
 delegate to Congress, and the returns for all district 
 officers, judicial, legislative or otherwise, shall be 
 made to the Register of Deeds of the senior county 
 in each district, in the manner prescribed by law, 
 except as otherwise provided. The returns for all 
 officers elected at large shall be canvassed by the 
 Governor of the Territory, assisted by Joseph R. 
 Brown and Thomas J. Galbraith, at the time desig- 
 nated by law for canvassing the vote for delegate to 
 Congress. Minn., 332. 
 
 — It; upon canvassing the votes for and against the 
 adoption of this Constitution, it shall appear that 
 there has been polled a greater number of votes 
 against than for it, then no certificates of election 
 shall be issued for any State or district officer pro- 
 vided for in this Constitution, and no State organiza- 
 tion shall have validity within the limits of the terri- 
 tory until otherwise provided for, and until a Consti- 
 tution for a State government shall have been adopted 
 by the people. Minn., 332. 
 
 — In voting for or against the adoption of this Con- 
 stitution, the words "fr,r Constitution," or " against 
 Constitution," may be written or printed on the 
 ticket of each voter; but no voter shall vote for or 
 against this Constitution on a separate ballot from 
 that cast by him for officers to be elected at said 
 election under this Constitution ; and if, upon the 
 canvass of the vote so polled, it shall appear that 
 there was a greater number of votes polled for than 
 against said Constitution, then this Constitution shall 
 be deemed to be adopted as the Constitution of the 
 State of Minnesota ; and all the provisions and obli- 
 gations of this Constitution, and of the schedule 
 her-eunto attached, shall thereafter be valid, to all 
 intents and purposes, as the Constitution of this State. 
 Min., 332. 
 
 — The preceding parts of this instrument shall not 
 take effect unless this Constitution be adopted by tlie 
 people at the election to be held as hereinafter 
 directed; but the provisions of this article shall be in 
 force from the day of the adoption of this Constitu- 
 tion by the Representatives of the people in this 
 Convention assembled. Mo., 363. 
 • — The election provided for in the next preceding 
 section shall be by ballot. Those ballots in favor of 
 the Constitution shall have written or printed thereon 
 the words " New Constitution — yes," those against 
 the Constitution shall havewi-itten or printed thereon 
 the words " New Constitution — no." Mo., 363. 
 — Eioh ballot deposited for the adoption or rejection 
 of this Constitution, in the army of the United States, 
 shall have distinctly written or printed thereon, 
 " Constitution, Yes," or " Constitution, No," or words 
 of a similar import. Nev., 397. 
 
 — Be it ordained, That the amendments to the Consti- 
 tution of the State, adopted by this Convention, be 
 submitted by the Governor to the people on the 
 second Monday in November next, thirty days notice 
 having been given, and that the polls be opened by 
 the respective Sheriffs, and kept open for three suc- 
 cessive days, at the several election precincts in each 
 and every county in the State, under the same rules 
 and regulations as now exist for the election of mem- 
 bers to the General Assembly. That the said Sheriffs 
 
 be required to compare and certify the result of the 
 election?, on or before the Monday following, and 
 transmit the same in twenty days thereafter to the 
 Governor of the State. That all persons qualified to 
 vote for members of the House of Commons, may 
 vote for or against the ratification of the amendments. 
 Those who wish a ratification of the amendments, 
 voting with a printed or written ticket, "Ratifica- 
 tion " — those of a contrary opinion, " Reiectiou." 
 N. C. 430. 
 
 — The foregoing Constitution .shall be submitted to 
 the electors of the State, at an election to be held on 
 the third Tuesday of June, one thousand eight hun- 
 di-ed and Olty-one, in the several election districts of 
 this State. The ballots at such election shall be writ- 
 ten or printed as follows: Those in favor of the 
 Constitution, "New Constitution, Yes;" those 
 against the Constitution, "New Constitution, No." 
 The polls at the said election shall be opened be- 
 tween the hours of eight and ten o'clock A. M., and 
 closed at six o'clock P. M. ; and the said election 
 shall be conducted, and the returns thereof made and 
 certified to the Seci'etary of State, as provided by 
 law for annual elections of State and county officers. 
 Within twenty days after such election the Secretary 
 of State shall open the returns thereof in the presence 
 of the Governor; and if it shall appear that a major- 
 ity of all the votes cast at such election are in favor 
 of the Constitution, the Governor shall issue his 
 proclamation, stating that fact, and said Constitution 
 shall be the Constitution of the State of Ohio, and 
 not otherwise. Ohio, 44.^. 
 
 — At the time when the votes of the electors shall be 
 taken for the adoption or rejection of tiiis Constitu- 
 tion, the additional section, in the words following, 
 to wit: "No license to traffic in intoxicating liquors 
 .shall hereafter be granted in this State; but the Gen- 
 eral Assembly may, by law, provide against evils 
 resulting therefrom," shall be separately submitted to 
 the electors for adoption or rejection, in form follow- 
 ing, to wit: A separate ballot may be given by every 
 elector and deposited in a separate box. Upon the 
 ballots given for said separate amendment shall be 
 written or printed, or partly written and partly 
 printed, the words: "License to sell intoxicating 
 liquors — Yes ; " and upon thei ballots given against 
 said amendment, in the like manner, the words: 
 " License to sell intoxicating liquors — No." If, at 
 the said election, a majority of all the votes given for 
 and against said amendment shall contain the words: 
 "License to sell intoxicating liquors — No," then the 
 said amendment shall be a separate section of article 
 fifteen of the Constitution. Ohio, 445. 
 — For the purpose of taking the vote of the electors 
 of the State for the acceptance or rejection of this 
 
 C;;nstitQtion, an election shall be held on the , to 
 
 be conducted according to existing laws regulating 
 the election of Delegate in Congress, so far as appli- 
 cable, except as herein otherwise provided. Or., 459. 
 — If a majority of all the votes given for and against 
 the Constitution shall be given for the Constitution, 
 then this Constitution shall be deemed to be ap- 
 proved and accepted by the electors of the State, and 
 shall take effect accordingly; and if a majority of such 
 votes shall be given against the Constitution, then 
 this Constitution shall be deemed to be rejected by 
 the electors of the State, and shall be void. Or., 459. 
 — If this Constitution shall be ratified, an election 
 shall be held on the first Monday in June, 1858, for 
 the election of members of the Legislative Assembly, 
 a Representative in Congress, and State and county 
 officers; and the Legislative Assembly shall convene 
 at the capital the first Monday of July, 1858, and 
 proceed to elect two Senators in Congress, and make 
 such further provisions as may be necessary to the 
 complete organization of a State government. Or., 
 460. 
 
 — Bach elector who offers to vote upon this Consti- 
 tution shall be asked by the judges of election this 
 question: 
 Do you vote for the Constitution— yes or no? 
 And also this question : 
 
212 
 
 1 S 2. At the general election to be held in the year eigbteen hundred and 
 
 2 sixty-six, and in each twentieth year thereafter, and also at such time as the 
 
 3 Legislature may by law provide, the question "Shall there be a Convention 
 
 4 to revise the Constitution and amend the same ? " shall be decided by the 
 
 5 electors qualified to vote for members of the Legislature ; and in case a ma- 
 
 6 jority of the electors so qualified, voting at such elections, shall decide in favor 
 
 7 of a Convention for such purpose, the Legislature, at its next session, shall 
 
 8 provide by law for the election of delegates to such Convention. 
 
 Do you vote for slavery in Oregon — yes or no ? 
 
 And also this question : 
 
 Do you vote for free negroes in Oregon — ^yes or no? 
 
 And in the poll-books shall be columns headed, 
 respectively, "Constitution, yes;" "Constitution, 
 no;" "Slavery, yes;" "Slavery, no;" " Free negroes, 
 yes ; " " Free negroes, no." And the names of elect- 
 ors shall be entered in the poll-books, together with 
 their answers to the said questions under their ap- 
 propriate heads. The abstracts of the votes trans- 
 mitted to the Secretary of the Territory shall be 
 publicly opened, and canvassed by the Governor and 
 Secretary, or by either of them, in the absence of the 
 other ; and the Governor, or, in his absence, the Sec- 
 retary, shall forthwith issue his proclamation, and 
 publish the same in the several newspapers printed in 
 this State, declaring the result of the said election 
 upon each of said questions. Or., 459. 
 — It shall be the duty of said returning officers in 
 each county in this State, to prepare poll books, 
 which .shall be opened on said days of election, and 
 in which shall be enrolled the name of each voter by 
 the assistance of clerks, who shall be appointed and 
 sworn as clerks in other elections. Said officers shall 
 prepare a ballot box, in which shall be placed the 
 ticket of each voter. Each ticket shall have written 
 thereon the words, " I ratify the amended Constitu- 
 tion; " or if the voter is opposed to it, "I reject the 
 amended Constitution;" or the words "Ratification" 
 or " Rejection," or some such words as will distinctly 
 convey the intention of the voter. The justices of 
 the several County Courts in this State, at some time 
 previous to the day of said election, shall appoint 
 three inspectors of each precinct ; and in ease of fail- 
 ure of the courts to appoint inspectors, then said 
 returning officers shall appoint them. It shall be the 
 duty of said returning officers, in presence of the said 
 inspectors, to count the votes given for the ratiBca- 
 tion and rejection of the Constitutioii, of which tbey 
 shall keep a true and correct estimate in said poll 
 book. Said returning officer shall deposit the origi- 
 nal poll books of said election with the Clerk of the 
 Couhty Court in their respective counties, and shall, 
 within five days after said election, make out dupli- 
 cate statements of the number of votes in their re- 
 spective counties for ratifying and rejecting the Con- 
 stitution; and shall forward by mail one of said certi- 
 ficates to the Governor, one to the Secretary of State, 
 and shall likewise deposit one .with the Clerk of the 
 County Court. It shall be the duty of said several 
 clerks carefully to examine the said poll books, and 
 forthwith to certify to the Secretary of State, a full, 
 true and perfect statement of the number of votes 
 taken for and against the Constitution, as appears 
 from the poll books, filed in their oflSce. Should said 
 returning officers, or any of them, fail to make returns 
 in due time, as above directed, the Secretary of State 
 shall then be authorized to dispatch a special messen- 
 ger for the purpose of obtaining a certified copy of 
 the result of said election. Minn., 500. 
 — Be a further ordered, That if any Sheriff or other 
 acting officer shall fail, within the time prescribed by 
 
 this ordinance, to discharge any of the duties hereby 
 required, such SheriflT or other returning officer so 
 failing as aforesaid, shall forfeit and pay the sum of 
 five thousand dollars, to be recovered by action of 
 debt in any of the Courts of Record in this State ; to 
 be sued for in the name of the Governor, for the use 
 and benefit of common schools. Temn., 501. 
 
 [Soldier's vote taken in camps.] Ark., 94; Mo., 
 363; Nev., 397; Md., 277. 
 
 [In the Constitutions of K T. (1777), Ala., Ct, 
 Del., Fl, Ga., Ky., Miss., S. C, Tex. and Va., there 
 are no forms prescribed for submitting the Constitu- 
 tion to a vote, although in some, the question of a 
 Convention is thus decided.] 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 [The mode of amendment specified in § 1, of Art. 
 XIII, was adopted in 182 1 J. P. 43 ; (nearly similar). 
 Col., 103; ia., 237; N.J.,420; Or., 459; W. Va., 
 558; Wis., 570. 
 
 — The General Assembly may, whenever two-thirds 
 of each House shall deem it necessary, propose 
 amendments to this Constitution; which proposed 
 amendments shall be duly pubhshed in print (in such 
 manner as the General Assembly may direct), at least 
 three months before the next general election for 
 Representatives, for the consideration of the people ; 
 and it shall be the duty of the several returning 
 officers, at the next ensuing general election for Rep- 
 resentatives, to open a poll for the vote of the qualified 
 electors on the proposed amendments, and to make a 
 return of said vote to the Secretary of State ; and if 
 it shall thereupon appear that a majority of all the 
 qualified electors of the State, who voted for Repre- 
 sentatives, voted in favor of the proposed amend- 
 ments, and two-thirds of each house of the next 
 General Assembly, before another election, shall 
 ratify said amendments, each house voting by yeas 
 and nays, said amendments shall be valid, to all 
 intents and purposes, as parts of this Constitntion. 
 Provided, that said proposed amendments shall, at 
 each of said sessions of the General Assembly, have 
 been read three times, on three several days, in each 
 house. Ala., 82. 
 
 — After the expiration of twelve months from the 
 adoption of this Constitution, no Convention shall be 
 held for the purpose of altering or amending the Cnn- 
 stitution of this State, unless the question of Conven- 
 tion or no Convention, shall be first submitted to a 
 vote of the qualified electors of the State, and ap- 
 proved by a majority of the electors voting at said 
 election. Ala., 82. 
 
 — The General Assembly may, at any time, propose 
 such amendments to this Constitution as two-thirds 
 of each House shall deem expedient, which shall be 
 published in all the newspapers published in this 
 State, three several times, at least tw^elve months 
 before the next general election ; and if, at the first 
 session of the General Assembly after such general 
 election, two-thirds of each House shall, by yeas and 
 
213 
 
 nays, ratify such proposed amendments, they shall be 
 valid to all intents and purposes as parts of this Con- 
 stitution : Provided, That such proposed amendments 
 shall be read on three several days in each House, as 
 v^ell when the same are proposed as when they are 
 finally ratified. ArJc, 88. 
 
 — The General Assembly, whenever two-thirds of 
 each House shall deem it necessary, may, with the 
 approbation of the Governor, propose amendments 
 to this Constitution, and at least three, and not more 
 than six, months before the next general election of 
 Representatives, duly publish them in print for the 
 consideration of the people ; and if three-fourths of 
 each branch of the Legislature shall, after such an 
 election and before another, ratify the said amend- 
 ments, they shall be valid to all intents and purposes 
 as parts of this Constitution. No Convention shall 
 be called by the authority of the people; and an 
 unexceptional mode of making their sense known 
 will be for them at a special election on the third 
 Tuesday of M.ay in any year, to vote by ballot for or 
 against a Convention, as they shall severally choose 
 to do ; and if thereupon it shall appear that a major- 
 ity of all the citizens in the State, having right to 
 vote for Representatives, have voted for a Conven- 
 tion, the General Assembly shall accordingly at their 
 next session call a Convention, to consist of at least 
 as many members as there are in both Houses of the 
 Legislature, to be chosen in the same manner, at the 
 same places and at the same time that Representa- 
 tives, are by the citizens entitled to vote for Represen- 
 tatives, on due notice given for one month, and to 
 meet within three months after they shall be elected. 
 The majority of all the citizens in the State having 
 right to vote for Representatives shall be ascertained 
 by reference to the highest number of votes cast in 
 the State at any one of the three general elections, 
 next preceding the day of voting for a Convention, 
 except when they may be less than the whole num- 
 ber of votes voted both for and against a Convention, 
 in which case the said majority shall be ascertained 
 by reference to the number of votes given on the 
 day of voting for or against a Convention ; and when- 
 ever the General Assembly shall deem a Convention 
 necessary, they shall provide by law for the holding 
 of a special election for the purpose of ascertaining 
 the sense of the majority of the citizens of the State 
 entitled to vote for Representatives. Del, 126. 
 — And if at any time two-thirds of the Senate and 
 Assembly shall think it necessary to revise and change 
 this entire Constitution, they shall recommend to the 
 electors, at the next election for members of the Legis- 
 lature, to vote for or against the Convention ; and if 
 it shall appear that a majority of the electors voting 
 at such election have voted in favor of calling a Con- 
 vention, the Legislature shall at its next session pro- 
 vide by law for calling a Convention, to be holden 
 within six months after the passage of such law ; and 
 such Convention shall consist Of a number of mem- 
 bers not less than that of both branches of the Legis- 
 lature. Cal, 103. 
 
 — Whenever a majority of the House of Representa- 
 tives shall deem it necessary to alter or amend this 
 Constitution, they may propose such alterations and 
 amendments; which proposed amendments shall be 
 continued to the next General Assembly, and be 
 published with the laws which may have been passed 
 at the same session ; and if two-thirds of each House, 
 at the next session of said Assembly, shall approve 
 the amendment proposed, by yeas and nays, said 
 amendment shall by the Secretary be transmitted to 
 the Town Clerk in each town in the State, whose 
 duty it shall be to present the same to the inhabit- 
 ants thereof for their consideration, at a town meet- 
 ing legally warned and held for that purpose ; and if 
 it shall appear, in manner to be provided by law, 
 that a majority of the electors present at such meet- 
 ino-s shall have approved such amendments, the same 
 shall be valid, to all intents and purposes, as a part 
 of this Constitution. Ci., 113. , ,, , , 
 —No part cf this Constitution shall be altered except 
 bv a Convention duly elected. Fl, 139. 
 ' 54 
 
 — Whenever a Convention shall be called, proclama- 
 tion of an election for Delegates shall be made by the 
 Governor at least thirty days before the day of elec- 
 tion. Every county and Senatorial District shall be 
 entitled to as many Delegates as it has Representa- 
 tives in the General Assembly. The same qualifica- 
 tions shall be required, in Delegates, and in Electors, 
 that are required in members of the General Assem- 
 bly, and voters for the same respectively, and the 
 elections for Delegates to a Convention, and the 
 returns of such election, shall be held and made in 
 the manner prescribed by law for regulating elections 
 for members of the General Assembly, but the Con- 
 vention shall judge of the qualifications of its mem- 
 bers. Fl, 139. 
 
 — No Convention of the people shall he called unless 
 by the concurrence of two-thirds of all the members 
 of each House of the General Assembly, made known 
 by the passing of a bill, which shall be read three 
 times on three several days in each House. Fl, 139. 
 — This Constitution shall be altered or amended only 
 by a Convention of the people, called for that pur- 
 pose by act of the General Assembly. Ga., 150. 
 — Whenever two-thirds of all the members elected to 
 each branch of the General Assembly shall think it 
 necessary to alter or amend this Constitution, they 
 shall recommend to the electors at the next election 
 of members of the General Assembly, to vote for or 
 against a Convention ; and if it shall appear that a 
 majority of all the electors of the State voting for 
 Representatives have voted for a Convention, the 
 General Assembly shall, at their next session, call- a 
 Convention to consist of as many members as the 
 House of Representatives at the time of making said 
 call, to be chosen in the same manner, at the same 
 place, and by the same electors, in the same districts 
 that chose the members of the House of Representa- 
 tives ; and which Convention shall meet within three 
 months after the said election, for the purpose of 
 revising, altering, or amending this Constitution. 
 Ill, 165 ; (nearly similar), Mm., 329 ; Ohio, 444. 
 — Any amendment or amendments to this Constitu- 
 tion may be proposed in either branch of the General 
 Assembly ; and if the same shall be agreed to by two— - 
 thirds of all the members elect in each of the two 
 Houses, such proposed amendment or amendments 
 shall be referred to the next regular session of the 
 General Assembly, and shall be published at least 
 three months previous to the time of holding the next 
 election for members of the House of Representatives ; 
 and if, at the next regular session of the General 
 Assembly after said election, a majority of all the 
 members elect in each branch of the General Assem- 
 bly shall agree to said amendment or amendments, 
 then it shall be their duty to submit the same to the 
 people at the next general election for their adoption 
 or rejection, in such manner as may be prescribed by 
 law; and if a majority of all the electors voting at 
 such election for members of the House of Represen- 
 tatives shall vote for such amendment or amendments, 
 the same shall become a part of the Constitution. 
 But the General Assembly shall not have power to 
 propose an amendment or amendments to more than 
 one article of the Constitution at the same session. 
 Ill, 165. 
 
 — Any amendment or amendments to this Constitu- 
 tion may be proposed in either branch of the General 
 Assembly, and if the same shall be agreed to by a 
 majority of the members elected to each of the two 
 Houses, such proposed amendment or amendments 
 shall, with the yeas and nays thereon, be entered 
 on their journals, and referred to the General Asseia- 
 bly to be chosen at the next general election ; and if, 
 in the General Assembly so next chosen, such pro- 
 posed amendment or amendments shall be agreed to 
 by a majority of all the members elected to each House, 
 then it shall be the duty of the General Assembly to 
 submit such amendment or amendments to the electors 
 of the State ; and if a majority of said electors shall 
 ratify the same, such amendment or amendments 
 shall become a part of this Constitution. Ind., 181 ; 
 (nearly similar), Iowa, 193 ; Aev., 392 ; Pa., 468. 
 
214 
 
 — If two or more amendments shall be submitted at 
 the same time, they shall be submitted in such manner 
 that the electors shall vote for or afjainst each of such 
 amendments separately ; and while an amendment 
 or amendments which shall have been agreed upon 
 by one General Assembly shall be awaiting the action 
 of a succeeding General Assembly, or of the electors, 
 no additional amendment or amendments shall be 
 proposed. /nA, 181 ; Or.^ 459. 
 — At the general election to be held in the year one 
 thousand eight hundred and seventy, and in each 
 tenth year thereafter, and also at such time as the 
 General Assembly may, by law, provide, the question, 
 " Shall there be a Convention to revise the Constitu- 
 tion, and amend the same ?" shall be decided by the 
 electors qualified to vote for members of the General 
 Assembly ; and in case a majority of the electors so 
 qualified, voting at such election for and against such 
 proposition, shall decide in favor of a Convention for 
 such purpose, the General Assembly, at its next ses- 
 sion shall provide by law for the election of delegates 
 to such convention. Iowa, 193. 
 — If two or more amendments shall be submitted at 
 the same time, they shall be submitted in such man- 
 ner that the electors shall vote for or against each 
 of such amendments separately. lawa, 193. 
 — Propositions for the amendment of this Constitu- 
 tion may be made by either branch of the Legislature ; 
 and if two-thirds of all the members elected to each 
 House shall concur therein, such proposed amend- 
 ments, together with the yeas and nays, shall be 
 entered on the journal ; and the Secretary of State 
 shall cause the same to be published, in at least one 
 newspaper in each county of the State where a news- 
 paper is published, for three months preceding the 
 next election for Representatives, at which time the 
 same shall be submitted to the electors for their 
 approval or rejection ; and if a majority of the elec- 
 tors voting on said amendments, at said election, shall 
 adopt the amendments, the same shall become a part 
 of the Constitution. When more than one amend- 
 ment shall be submitted at the same time, they shall 
 be so submitted as to enable the electors to vote on 
 each amendment separately; and not more than three 
 propositions to amend shall be submitted at the same 
 election. Kan., 205. 
 
 — Whenever two-thirds of the members elected to 
 each branch of the Legislature shall think it necessary 
 to call a Convention to revise, amend or change this 
 Constitution, they shall recommend to the electors to 
 vote at the next election of members to the Legisla- 
 ture, for or against a Conrention ; and if a majority 
 of all the electors voting at such election shall have 
 voted for a Convention, the Legislature shall, at the 
 next session, provide for calling the same. Kan., 
 206. 
 
 — When experience shall point out the necessity of 
 amending this Constitution, and when a majority of 
 all the members elected to each House of the Gen- 
 eral Assembly shall, within the first twenty da3»s of 
 any regular session, concur in passing a law for tak- 
 ing the sense of the good people of this Common- 
 wealth, as to the necessity and expediency of calling 
 a convention, it shall be the duty of the several 
 Sheriffs, and other ofiicers of elections, at the next 
 general election which shall be held for Representa- 
 tives to the General Assembly, after the passage of 
 such law, to open a poll for, and make return to the 
 Secretary of State, for the time being, of the names 
 of all those entitled to vote for Representatives, who 
 have voted for calling a Convention ; and if, there- 
 upon, it shall appear that a majority of all the citizens 
 of this State, entitled to vote for Representatives, 
 have voted for calling a Convention, the General 
 Assembly shall, at their next regular session, direct 
 that a similar poll shall be opened, and return made 
 for the next election for Representatives ; and if, 
 thereupon, it shall appear that a majority of all the 
 citizens of this State, entitled to vote for Representa- 
 tives, have voted for calling a Convention, the Gen- 
 eral Assembly shall, at their next session, pass a law 
 calling a Convention, to consist of as many members 
 
 as there shall be in the House of Representatives, 
 and no more; to be chosen on the first Monday in 
 August thereafter, in the same manner and propor- 
 tion, and at the same places, and po-ssessed of the 
 same qualifications of a qualified elector, by citizens 
 entitled to vote for Representatives ; and to meet 
 within three months after their election, for the pur- 
 pose of re-adopting, amending, or changing this Con- 
 stitution ; but if it shall appear by the vote of either 
 year, as aforesaid, that a majority of all the citizens 
 entitled to vote for Representatives did not vote for 
 calling a Convention, a Convention shall not then be 
 called. And for the purpose of ascertaining whether 
 a majorit}' of the citizens, entitled to vote for Repre- 
 sentatives, did or did not vote for calling a Conven- 
 tion, as above, the General Assembly passing the law 
 authorizing such vote, shall provide for ascertaining 
 the number of citizens entitled to vote for Represen- 
 tatives within the State. Ky., 222. 
 — The Convention, when assembled, shall judge of 
 the election of its members and decide contested 
 elections, but the General Assembly shall, in calling a 
 Convention, provide for taking testimony in such 
 cases and for issuing a writ of election in cases of a 
 tie. Ky., 222. 
 
 — The Legislature, whenever two-thirds of both 
 Houses shall deem it necessary, may propose amend- 
 ments to this Constitution ; and when any amend- 
 ment shall be so agreed upon, a resolution shall be 
 passed and sent to the selectmen of the several towns 
 and the assessors of the several plantations, empower- 
 ing and diiecting them to notify the inhabitants of 
 their respective towns and plantations, in the man- 
 ner prescribed by law, at their next annual meeting 
 in the month of September, to give in their votes on 
 the question whether such amendment shall be made; 
 and if it shall appear that a majority of the inhabit- 
 ants voting on the question are in favor of snch 
 amendment, it shall become a part of this Con.stitu- 
 tion. Me., 249. 
 
 — The General Assembly may propose any amend- 
 ment or amendments to this Constitution, which 
 shall be agreed to by three-fifths of all the members 
 elected to both Houses. Such proposed amendment 
 or amendments, with the yeas and nays thereon, 
 shall be entered on the journal of each House ; shall 
 be printed with the laws passed at the same session, 
 and shall be published, ify order of the Governor, 
 in all the newspapers printed in the different coun- 
 ties of this State, and in three newspapers printed 
 in the city of Baltimore (one of which shall be printed 
 in the German language) for at least three months 
 preceding the next election for members of the Gen- 
 eral Assembly, at which election the said proposed 
 amendment or amendments shall be submitted to the 
 qualified electors of the State for their confirmation 
 or rejection ; and if it shall appear to the satisfaction 
 of the Governor, from the returns of said election 
 made to him by the proper authorities, that a major- 
 ity of the qualified votes cast at said election on the 
 proposed amendment or amendments were in favor 
 of the said proposed amendment or amendments, he 
 shall, by proclamation, declare said amendment or 
 amendments to be part of the Constitution of this 
 State. When two or more amendments shall be 
 submitted by the General Assembly to the qualified 
 electors of the State at the same election, they shall 
 be so submitted that the electors may vote for or 
 against each amendment separately. Md., 276. 
 — Whenever two-thirds of the members elected to 
 each branch of the General Assembly shall think it 
 necessary to call a Convention to revise, amend or 
 change this Constitution, they shall recommend to the 
 electors to vote at the next election for members of 
 the General Assembly for or against a Convention ; 
 and if a majority of all the electors voting at said 
 election shall have voted for a Convention, the Gen- 
 eral Assembly shall, at their next session, provide by 
 law for calling the same Md., 276. 
 — The Convention shall consist of as many members 
 as both Houses of the General Assembly, who shall be 
 chosen in the same manner, and shall meet within 
 
215 
 
 three months after their election for the purpose 
 aforesaid. Md., 276. 
 
 [A. vote for or against a Convention, to be taken in 
 1882, and every twenty years after. Md., 276.] 
 
 [A. vote to be taken in 1866, and every sixteenth 
 year after. Mich., 315.] 
 
 — All the amendments shall take effect at the com- 
 mencement of the political year after their adoption. 
 Mich., 315. 
 
 —Any amendment or amendments to this Constitu- 
 tion may be proposed in the Senate or House of 
 Representatives. If the same shall be agreed to by 
 two-thirds of the members elected to each House, 
 such amendment or amendments shall be entered on 
 their journals respectively, with the yeas and nays 
 taken thereon ; and the same shall be submitted to 
 the electors at the next general election thereafter, 
 and if a majority of the electors qualified to vote for 
 members of the- Legislature voting thereon shall 
 ratify and approve such amendment or amendments, 
 the same shall become part of the Constitution. 
 Mich., 315. 
 
 — If, at any time hereafter, any specific and particu- 
 lar amendment or amendments to the Constitution be 
 proposed in the General Court and agreed to by a 
 majority of the Senators and two-thirds of the mem- 
 bers of tlie House of Representatives present and 
 voting thereon, such proposed amendment or ameud- 
 mt-nts shall be entered on the journals of the two 
 houses, with the yeas and nays taken thereon, and 
 leferred to the Q-eneral Court then next to be chosen, 
 and shall be published ; and if, in the General Court 
 next chosen as aforesaid, such proposed amendment or 
 amendments shall be agreed to by a majority of the 
 Senators and two-thirds of the members of the 
 House of Representatives present and voting thereon, 
 then it shall be the duty of the General Court to 
 submit such proposed amendment or amendments to 
 the people; and if they shall be approved and ratified 
 by a majority of the qualified voters, voting thereon, 
 at meetings legally warned and holden for that pur- 
 pose, they shall become part of the Constitution of 
 this Commonwealth. Mass., 295. 
 — Whenever a majority of both Houses of the Legis- 
 lature shall deem it necessary to alter or amend this 
 Constitution, they may propose such alterations or 
 amendments, which proposed amendments shall be 
 published with the laws which have been passed at 
 the same session, and said amendments shall be sub- 
 mitted to the people for their approval or rejection ; 
 and if it shall appear, in a manner to be provided by 
 liiw, that a majority of voters present and voting shall 
 have ratified such alteration or amendments, the same 
 shall be valid to all intents and purposes, as a part Of 
 this Constitution. If two or more alterations or 
 amendments shall be submitted at the same time, it 
 shall be so regulated that the voters shall vote for or 
 against each separately. Minn., 329. 
 — Whenever two-thirds of each branch of the Legis- 
 lature shall deem any change, alteration or amend- 
 ment necessary to this Constitution, such proposed 
 change, alteration or amendment shall be read and 
 passed by a majority of two-thirds of each House 
 respectively on each day, for three several days. 
 Public notice thereof shall then be given by the 
 Secretary of State, at least six months preceding the 
 next general election, at which the qualified electors 
 shall vote directly for or against such change, altera- 
 tion or amendment; and' if it shall appear that a 
 majority of the qualified electors voting for members 
 of the Legislature, shall have voted for the proposed 
 change, alteration or amendment, then it shall be 
 inserted by the next succeeding Legislature, as a part 
 of this Constitution, and not otherwise. Miss., 344. 
 —This Constitution may be amended and revised in 
 pursuance of the provisions of this article. M.o., 362. 
 —The General Assembly, at any time, may propose 
 such amendments to this Constitution as a majority 
 of the members elected to each House shall deem 
 expedient; and the vote thereon shall be taken by 
 yeas and nays, and entered m full on the journals. 
 
 And the proposed amendments shall be published 
 with the laws of that session, and shall also be pub- 
 lished weekly in two newspapers, if such there be, 
 within each congressional district in the State, for 
 four months next preceding the general election then 
 next ensuing. The proposed amendments shall be 
 submitted to a vote of the people, each a.mendment 
 separately, at the next general election thereafter, in 
 such manner as the General Assembly maj' provide. 
 And if a majority of the qualified voters of the State, 
 voting for and against any one of said amendments, 
 shall vote for such amendment, the same shall be 
 deemed and taken to have been ratified by the people, 
 and shall be valid and binding, to all intents and pur- 
 poses as a part of this Constitution. Mo., 362. 
 — The General Assembly shall have power to repeal 
 or modify all ordinances adopted by any previous 
 Convention. Mo., 362. 
 
 — The General Assembly rcay, at any time, authorize 
 by law, a vote of the people to he taken upon the 
 question whether a Convention shall be held for the 
 purpose of revising and amendingthe Constitution of 
 this State and if, at such ek-Ltion, a majority of the 
 votes on the question be in favor of a Convention, 
 the Governor shall issue writs to the Sheriffs of the 
 different counties, orderinjr the election of delegates 
 to such a Convention, on a day v/iihin three months 
 after that on which the said question shall have been 
 voted on. At such election, each senatorial district 
 shall elect two Delegates for each Senator to which it 
 may be then entitled in the General Assembly, and 
 every sucVi Delegate shall have the qualifications of a 
 Senator. The election shall be conducted in con- 
 formity with the laws regulating the election of 
 Senators. The Delegates so elected shall meet at 
 such time and place as may be provided by law, and 
 organize themselves into a Convention, and proceed 
 to revise and amend the Constitution ; and the Con- 
 stitution, v/hen so revised and amended, shall, on a 
 day to be therein fixed, not less than sixty nor more 
 than ninety days after that on which it shall have 
 been adopted by the Convention, bo submitted to a 
 vote of the people for and against it, at an election to 
 be held for that purpose only ; and if a majority of all 
 the votes given be in favor of such Constitution, it 
 shall, at the end of thirty days after such election, 
 become the Constitution of this State. The result of 
 such election shall be made known by proclamation 
 by the Governor. The General Assembly shall have 
 no power, otherwise than as in this section specified, 
 to authorize a Convention for revising and amending 
 the Constitution. Mo., 369. 
 
 — If at any time a majority of the Senate and House 
 of Representatives shall deem it necessary to call a 
 Convention to revise or change this Constitution, they 
 shall recommend to the electors to vote for or against 
 a Convention at the next election for members of the 
 Legislature ; and if it shall appear that a majority of 
 the electors voting thereon have voted for a Conven- 
 tion, the Legislature shall at its next session provide 
 for calling such Convention. Neb., 377 ; Nev., 392. 
 — To be holden within six months after the passage 
 of such law; and such Convention shall consist of a 
 number of members not less than both branches of 
 the Legislature. In determining what is a majority 
 of the electors voting at such election, reference shall 
 be had to the highest -number of votes cast at such 
 election for the candidates for any office or on any 
 question. Nev., 392. 
 
 — To the end that there may be no failure of justice 
 or danger to the State, by the alterations and amend- 
 ments made in the Constitution, the General Courtis 
 hereby fully authorized and directed to fix the time 
 when the alterations and amendments shall take 
 effect, and make the neeessarv airaugements accord- 
 ingly, a: K, 410. 
 
 — It shall be the duty of the Selectmen and Assessors 
 of t lie several towns and places in this State, in warn- 
 ing the first annual meetings for the choice of Sena- 
 tors, after the expiration of seven years from the 
 adoption of this Constitution as amended, to insert 
 expressly in the warrant this purpose among others 
 
216 
 
 for the meeting, to wit : to take the sense of the 
 qualified voters on the subject of a revision of the 
 Constitution ; and the meeting being warned accord- 
 ingly, and not otherwise, the moderator shall take 
 the sense of the qualified voters present as to the 
 necessity of a revision ; and a return of the number 
 of votes for and against such necessity shall be made 
 by the clerk, sealed up and directed to the General 
 Court at their then next session ; and if it shall appear 
 to the General Court by such return, that the sense 
 of the people of the State has been taken, and that 
 in the opinion of the majority of the qualified voters 
 in the State, present and voting at the said meeting?, 
 there is a necessity for a revision of the Constitution, 
 it shall be the duty of the General Court to call a 
 Convention for that purpose ; otherwise the General 
 Court shall direct the sense of the people to be taken, 
 and then proceed in the manner before mentioned ; 
 the delegates to be chosen in the same manner, and 
 proportioned as the Representatives to the General 
 Court: Provided, That no alteration shall be made 
 in this Constitution before the same shall be laid 
 before the towns and unincorporated places, and 
 approved by two-thirds of the qualified voters present 
 and voting on the subject. N. IT., 410. 
 — And the same method of taking the sense of the 
 people as to the revision of the Constitution, and 
 calling a Convention for that purpose, shall be 
 observed afterward, at the expiration of every seven 
 years. N. H., 411. 
 
 — No convention of the people shall be called by the 
 General Assembly, unless by the concurrence of two- 
 thirds of all the members of each House of the Gen- 
 eral Assembly. N. C, 430 ; S. C, 488. 
 — No part of the Constitution of this State shall be 
 altered, unless a bill to alter the same shall have been 
 read three times in each House of the General Assem- 
 bly, and agreed to by three-fifths of the whole num- 
 ber of members of each House respectively ; nor shall 
 any alteration take place until the bill so agreed to 
 shall have been published six months previous to a 
 new election of members to the General Assembly. 
 If, after such publication, the alterations proposed by 
 the preceding General Assembly shall be agreed to in 
 the first session thereafter, by two-thirds of the 
 whole representation to each House of the General 
 Assembly, after the same shall have been read three 
 times on three several days, in each House, then 
 the said General Assembly shall {^escribe a mode by 
 which the amendment or amendments may be sub- 
 mitted to the qualified voters of the House of Com- 
 mons throughout the State; and if, upon comparing 
 the votes given in the whole State, it shall appear 
 that a majority of the voters have approved thereof, 
 then and not otherwise, the same shall become a part 
 of the Constitution. N. 0., 430. 
 —It shall be the duty of the Legislature to submit 
 such proposed amendment or amendments, or such 
 of them as may have been agreed to as aforesaid by 
 the two Legislatures, to the people in such manner 
 and at such time, at least four months after the ad- 
 journment of the Legislature, as the Legislature shall 
 prescribe ; and if the people at a special election to 
 be held for that purpose only, shall approve and 
 ratify such amendment or amendments, or any of 
 them, by a majority of the electors qualified to vote 
 for members of the Legislature voting thereon, such 
 amendment or amendments, so approved and rati- 
 fied, shall become part of the Constitution. Pro- 
 vided, That if more than one amendment be submit- 
 ted, they shall be submitted in such manner and form 
 that the people may vote for or against each amend- 
 ment separately and distinctly ; but no amendment 
 or amendments shall be submitted to the people by 
 the Leo[islature ofcener than once in five years. N. 
 X, 420. 
 
 — No part of this Constitution shall be altered, unless 
 a bill to alter the same shall have been read on three 
 several days in the House of Representatives, and on 
 three several days in the Senate, and agreed to, at 
 the second and third reading, by two-thirds of the 
 
 whole representation in each House of the General 
 Assembly ; neither shall any alteration take effect, 
 until the bill, so agreed to, shall be published for three 
 months previous to a new election ibr members of 
 the House of Representatives; and the alteration 
 proposed by the preceding General .Assembly shall 
 be agreed to by the new General Assembly, in their 
 first session, by the concurrence of two-thirds of the 
 whole representation in each House, after the same 
 shall have been read on three several days in each ; 
 then and not otherwise the same shall become a part 
 of the Constitution. & C.,-488. 
 — Either branch of the General Assembly may pro- 
 pose amendments to this Constitution ; and, if the 
 same shall be agreed to by three-fifths of the members 
 elected to each House, such proposed amendment 
 shall be entered on the journals with the yeas and 
 nays, and shall be published in at least one newspaper 
 in each county of the State, where a newspaper is 
 published, for six months preceding the next election 
 for Senators and Representatives, at which time the 
 same shall be submitted to the electors, for their 
 approval or rejection ; and if a majority of the electors 
 voting at such election, shall adopt such an)endments 
 the same shall become a part of the Constitution. 
 When more than one amendment shall be submitted 
 at the same time, they shall be so submitted, as to 
 enable the electors to vote on each amendment sepa- 
 rately. Ohio, 444. 
 
 [An election for or against a Constitution to be held 
 in 1871 and each twentieth year after.] Ohio, 444. 
 — But no amendment or amendments shall be sub- 
 mitted to the people oftener than once in five years ; 
 Provided, That if more than one amendment be sub- 
 mitted, they shall be submitted in such manner and 
 form, that the people may vote for or against each 
 amendment separately and distinctly. Pa., 468. 
 — In the words of the Father of his Country, we de- 
 clare : " That the basis of our political systems is the 
 right of the people to make and alter their constitu- 
 tions of government; but that the Constitution which 
 at any time exists, till changed by an explicit and 
 authentic act of the whole people, is sacredly obliga- 
 tory upon all." R. I., 473. 
 
 — The General Assembly may propose amendments 
 to this Constitution, by the votes of a majority of all 
 the members elected to each House. Such proposi- 
 tions for amendments shall be published in the news- 
 papers, and printed copies of them shall be sent by 
 the Secretary of State, with the names of all the 
 members who shall have voted thereon, w-ith the 
 yeas and nays, to all the Town and City Clerks in the 
 State. The said propositions shall be, by said clerks, 
 inserted in the warrants or notices by them issued, 
 for warning the next annual town and ward meetings 
 in April; and the clerks shall read said propositions 
 to the electors, when thus assembled, with the names 
 of all the Representatives and Senators who shall 
 have voted thereon, with the yeas and nays, before 
 had. If a majority of all the members elected to each 
 House, at said annual meeting, shall approve any 
 proposition thus made, the same shall be published 
 and submitted to the electors in the mode provided 
 in the act of approval; and if then approved by three- 
 fifths of the electors of the State present and voting 
 thereon, in town and ward meetings, it shall become 
 a part of the Constitution of the State. R. I., 480. 
 — Any amendment or amendments to this Constitu- 
 tion may be proposed in the Senate or House of 
 Representatives ; and if the same shall be agreed to 
 by a majority of all the members elected to each of 
 the two Houses, such proposed amendment or amend- 
 ments shall be entered on their journals, with the 
 yeas and nays thereon, and referred to the General 
 Assembly then next to be chosen ; and shall be pub- 
 lished for six months previous to the time of making 
 such choice. And if, in the General Assembly next 
 chosen as aforesaid, such proposed amendment or 
 amendments shall be agreed to by two-thirds of all the 
 members elected to each House, then it shall be the 
 
217 
 
 AETIOLB XIV. 
 
 1 Section 1. The first election of Seuators and Members of Assembly, pur- 
 
 2 suunt to the provisions of this Oonstitution, shall be held on the Tuesday 
 
 3 succeeding the first Monday of November, one thousand eight hundred and 
 
 4 forty-seven. The Seuators and Members of Assembly who may be in office 
 
 5 on the first day of January, one thousand eight hundred and forty-seven, shall 
 
 6 hold their offices until and including the thirty-first day of December follow- 
 
 7 iug, and no longer. 
 
 duty of the G-eneral Assembly to submit such pro- 
 posed amendment or amendments to the people, in 
 such manner and at such time as the General Assem- 
 bly shall prescribe. And if the people shall approve 
 and ratify sucli amendment or amendments, by a 
 majority of all the citizens of the State voting for 
 Representatives, voting in their favor, such amend- 
 ment or amendments shall become part of this Con- 
 stitution. When any amendment or amendments to 
 the Constitution shall be proposed in pursuance of 
 the foregoing provisions, the same shall at each of 
 the said sessions be read three times on three several 
 days in each House. The Legislature shall not pro- 
 pose amendments to the Constitution oftener than 
 once in six years. Tenn., 499. 
 
 ■ — The Legislature, by a vote of three-fourths of all 
 the members of each House, with the approval of the 
 Governor, shall have the power to call a Convention 
 of the people, for the purpose of altering, amending 
 or reforming the Constitution of this State ; the man- 
 ner of electing delegates to the Convention, the time 
 and place of assembling them, to be regulated by law. 
 Tex., 517. 
 
 — The Legislature, at any biennial session, by a vote 
 of two-thirds of all the members of each House, may 
 propose amendments to the Constitution, to be voted 
 upon by persons legally qualified to vote for members 
 of the House of Representatives of the State ; which 
 proposed amendments shall be duly published in the 
 public prints of this State, at least three months 
 before the next general election for the Representa- 
 tives to the Legislature for the consideration of the 
 people; and it shall be the duty of the several 
 returning officers, at said general election, to open a 
 poll for, and make returns to the Secretary of State, 
 of the number of legal votes cast at said election, for 
 and against said amendment, and if more than one be 
 proposed, then the number of legal votes cast for and 
 against each of them ; and if it shall appear, from said 
 return, that a majority of the votes cast upon said 
 proposed amendment or amendments, have been cast 
 in favor of the same, and two-thirds of each House of 
 tlie Legislature, at the next regular session thereafter 
 shall ratify said proposed amendment, or amendments 
 so voted upon by the people, the same shall be valid 
 to all intents and purposes, as parts of the Constitu- 
 tion of the State of Texas; provided that the said 
 proposed amendments shall, at each of said sessions, 
 have been read on three several days, in each House 
 (if the Legislature, and the vote thereon shall have 
 been taken by yeas and nays ; and provided further, 
 that the rule in the above proviso shall never be sus- 
 pended by either of said Houses. Tex., 517. 
 
 [A Council of Censors, elected at intervals of seven 
 vears, to inquire whether the Constitution has been 
 preserved inviolate in every part during the last 
 senteimary, and whether the Legislative or Executive 
 branches have performed their duty. They have 
 power to call a, Convention, and to perform other 
 acts tending to preserve the integrity of the govern- 
 ment.] Vi., 527. 
 
 — No Convention shall be called, having authority io 
 alter the Constitution of the State, unless it be in 
 pursuance of a law passed by the affirmative vote of 
 a majority of the members elected to each branch 
 of the Legislature, and providing that polls shall be 
 held throughout the State, on some day therein 
 specified, which- shall not be less than three months 
 after the passage of such law, for the purpose of 
 taking the sense of the voters on the question of 
 calling a Convention. And such Convention shall 
 not be held unless a majority of the votes cast at such 
 polls be in favor of calling the same ; nor shall mem- 
 bers be elected to such Convention, until at least one 
 month after the result of the polls shall be duly 
 ascertained, declared and published. And all acts 
 and ordinances of said Convention shall be submitted 
 to the voters of the State for ratification, or rejec- 
 tion, and shall have no validity whatever until tliey 
 are ratified, and in no event shall they, by any shiit 
 or device, be made to have any retrospective opera- 
 tion or effect. W. Va., 558. 
 
 FIRST ELECTIONS UNDER THE CONSTITU- 
 TION. 
 
 — All ofiScers of State and District Judges first elected 
 under this Constitution, shall be commissioned by 
 the Governor of this Territory, which commission 
 shall be countersigned by the Secretary of the same, 
 and shall qualify before entering upon the discharge 
 of their duties, before any oflBcer authorized to admin- 
 ister oaths under the laws of this territory ; and also 
 the State Comptroller and State Treasurer shall each 
 respectively, before they shall quahfy and enter upon 
 the discharge of their duties, execute and deliver to 
 the Secretary of the Territory of Nevada an ofiicial 
 bond, made payable to the people of the State of 
 Nevada, in the sum of thirty thousand dollars, to be 
 approved by the Governor of the Territory of Ne- 
 vada, and shall also execute and deliver to the Secre- 
 tary of State such other or further official bond or 
 bonds as may be required by law. Nev., 395. 
 — That the Sheriffs, State Attorneys, and all other 
 officers elected under this Constitution, shall perform 
 such duties as shall be prescribed by law. Ill, 167. 
 — The first election for Governor, Secretary of State, 
 Auditor of State, one Representative to Congress, the 
 Justices to the Supreme Court, the members of the 
 Senate and House of Representatives, shall be held 
 on the second day of June, one thousand eight hun- 
 dred and sixty-six, at the places, and in the manner 
 now prescribed by law for general elections. The 
 members of the Senate shall be elected in and fi-om 
 the same districts that are now prescribed by law for 
 councilmen districts. The members of the House of 
 Representatives shall be elected in and from the same 
 districts that are now prescribed by law for members 
 to the House of Representatives of the Territory of 
 Nebraska, and all the officers "mentioned, to wit: Sen- 
 ators and Representatives, shall hold their offices until 
 
 55 
 
218 
 
 the first Monday in January, A. D. 1867: Grovernor, 
 Secretary of State, State Auditor and Treasurer, 
 until the second Monday in January, A. D. 1869, 
 and until their successors are elected and qualified ; 
 tlie Supreme Judges until the first day of January, 
 A. D. 1873. Neb., 377. 
 
 — The Legislature at its first session shall elect such 
 officers as may be ordered by this Constitution to be 
 elected by that body, and within four days after its 
 organization proceed to elect two Senators to the 
 Congress of the United States. But no law passed 
 by this Legislature shall take effect until signed by 
 the Grovernor after his installation into office. Cal., 
 106. 
 
 — The limitation of the powers of the Legislature, 
 contained in article eighth of this Constitution, shall 
 not extend to the first Legislature elected under the 
 same, which is hereby authorized to negotiate for 
 such amount as may be necessary to pay the ex- 
 penses of the State government. Gal., 106. 
 — The provisions of this Constitution concerning the 
 term of residence necessary to enable persons to hold 
 certain offices therein mentioned, shall not be held 
 to apply to officers chosen by the people at the first 
 election, or bv the Legislature at its first session. 
 Cal, 105. 
 
 — The first election for Secretary, Auditor, and Treas- 
 urer of State, Attorney-Greneral, District Judges, 
 members of the Board of Education, District Attor- 
 neys, members of Congress, and such State officers 
 as sliall be elected at the April election, in the year 
 one thousand eight hundred and fifty-seven, except 
 the Superintendent of Public Instruction, and such 
 county officers as were elected at the August election, 
 in the year one thousand eight hundred and fifty-six, 
 except prosecuting Attorneys, shall be held on the 
 second Tuesday of October, one thousand eight hun- 
 dred and fifty-eight, provided that the time for which 
 any District Judge or any other State or county 
 officer elected at the April election in 1858, shall not 
 extend beyond the time fixed for filling like offices at 
 the October election. Iowa, 194. 
 — The first election under this Constitution shall be 
 held on the second Tuesday in October, in the year 
 one thousand eight hundred and fifty-seven, at which 
 time the electors of the State shall elect the Governor 
 and Lieutenant-Governor. There shall also be elected 
 at such election, the successors of such State Senators 
 as were elected at the August election, in the year 
 one thousand eight hundred and fifty-four, and mem- 
 bers of the House of Representatives, who shall be 
 elected in accordance with the act of apportionment, 
 enacted by the seventh General Assembly of the 
 State. Iowa, 194. 
 
 — The first general election under this Constitution 
 shall be held in the year one thousand eight hundred 
 and fifty-two. Ind., 181 (date specified); Ohio, 444. 
 — The first regular session of the Legislature shall 
 commence on the first Monday of December, A. D. 
 eighteen hundred and sixty-four; and the second 
 regular session of the same shall commence on the 
 first Monday of January, eighteen hundred and sixty- 
 six ; and the third regular session of the Legislature 
 shall be the first of the biennial sessions, and shall 
 commence on the first Monday of January, A. D. 
 eighteen hundred and sixty-seven; and the regular 
 sessions of the Legislature shall be held thereafter 
 biennially, commencing on the first Monday of Jan- 
 uary. Nev., 394. 
 
 — The Governor, Lieutenant-Governor, Secretary of 
 State, State Treasurer, State Controller, Attorney- 
 General, Surveyor-General, Clerk of the Supreme 
 Court, and Superintendent of Public Instruction, to 
 be elected at the first election under this Constitu- 
 tion, shall each qualify and enter upon the duties of 
 their respective offices on the first Monday of Decem- 
 ber succeeding their election, and shall continue in 
 office until the first Tuesday after the Monday of 
 January, eighteen hundred and sixty-seven, and until 
 the election and qualification of their successors 
 respectively. Nev., 395. 
 
 — The first election for Aldermen and Justices of the 
 Peace shall be held in the year eighteen hundred and 
 forty, at the time fixed for the election of Constables. 
 The Legislature at its first session under the amended 
 Constitution, shall provide fur the said election, and 
 for subsequent similar elections. Tlie Aldermen and 
 Justices of the Peace now in commission, or who 
 may in the interim be appointed, shall continue to 
 discharge the duties of their respective offices until 
 fifteen days after the day which shall be fixed by law 
 for the issuing of new commissions, at the expiration 
 of which time their commissions shall expire. Pa., 
 470. 
 
 — The first election under this Constitution for Gov- 
 ernor, Lieutenaut-Grovernor, Treasurer, Auditor of 
 Public Accounts, Register of the Land Office, and 
 Attorney-General, shall be held on the first Monday 
 in August, in the year 1851. Ky., 214. 
 — As soon as the general election can be held under 
 this Constitution in every parish of the State, the 
 Governor shall, by proclamation, or in case of his 
 failure to act, the Legislature shall, by resolution, 
 declare the fact, and order an election to be held on 
 a day fixed in said proclamation or resolution, and 
 within sixty days from the date thereof, for Governor, 
 Lieutenant-Governor, Secretary of State, Auditor, 
 Treasurer, Attorney-General and Superintendent of 
 Education. The officers so chosen shall, on the fourth 
 Monday after their election, be installed into office; 
 and shall hold their offices for the terms prescribed in 
 this Constitution, counting from the second Monday 
 in January next preceding their entering into office 
 in case they do not enter into office on that date. 
 The terms of office of the State officers elected on 
 the 22d day of February, 1864, shall expire on the 
 installation of their successors as herein provided for ; 
 but under no state of circumstances shall their term 
 of office be construed as extending beyond the length 
 of the terms fixed for said offices in this Constitution ; 
 and, if not sooner held, the election of their succes- 
 sors shall take place on the first Monday of Novem- 
 ber, 1867, in all parishes where the same can be held, 
 the officers elected on that date to enter into office 
 on the second Monday in January, 1868. La., 238. 
 — The first election for Governor, Lieutenant-Gover- 
 nor, Auditor, Treasurer, and Secretarj' of State, and 
 Attorney-General, shall be held on the second Tues- 
 day of October, one thousand eight hundred and fifty- 
 one. The persons holding, said offices on the first 
 day of September, one thousand eight hundred and 
 fifty-one, shall continue therein, until the second 
 Monday of January, one thousand eight hundred and 
 fifty- two. Ohio, 444. 
 
 — The fii-st election for Governor, Lieutenant-Gover- 
 nor, Judges of the Supreme Court and Circuit Courts, 
 Clerk of the Supreme Court, Prosecuting Attorney, 
 Secretai-y, Auditor, and Treasurer of Slate, and Slate 
 Superintendent of Public Instruction, under this Con- 
 stitution, shall be held at the general election in the 
 year one thousand eight hundred and fifly-two ; and 
 such of said officers as may be in office when this Con- 
 stitution shall go into eflect, shall continue in their 
 respective offices until their successors shall have been 
 elected and qualified. Ind., 181. 
 — That if this Constitution shall be ratified by the 
 people, the Governor shall forthwith, after having 
 ascertained the fact, issue writs of election to the 
 Sherifl% of the several counties in this State ; or, in 
 case of vacancy, to the Coroners, for the election of 
 all the officers, the time of whose election is fixed by 
 this Constitution, or schedule; and it shall be the 
 duty of said Sheriff's or Coroners, to give at least 
 twenty days' notice of the time and place of said elec- 
 tion, in the manner now prescribed by law. 11'.. 168. 
 — General electicms shall be held throughout the State, 
 on the Tuesday next after the first Monday in the 
 month of November of each and every year ; at the 
 election held in the year eighteen hundred and sixty- 
 four, all State officers required to be elected under 
 this Constitution during that year shall be elected, 
 and in like manner in every second year thereafter, 
 
219 
 
 1 S 2. The first election of Governor and Lieuteuant-Governor under this 
 
 2 Constitution shall be held on the Tuesday succeeding the first Monday of 
 
 3 iS"ovember, one thousand eight hundred and forty-eight ; and the Governor 
 
 4 and Lieutenant-Governor in oflftce when this Constitution shall take effect, 
 
 5 shall hold their respective ofiices until and including the thirty-first day of 
 G December of that year 
 
 1 3 3. The Secretary of State, Comptroller, Treasurer, Attorney-General, 
 
 2 District Attorney, Surveyor-General, Canal Commissioners and Inspectors of 
 
 3 State Prisons, in oflTice when this Constitution shall take effect, shall hold their 
 
 4 respective offices until and including the thirty-first day of December, one 
 
 5 thousand eight hundred and forty-seven, and no longer. 
 
 an election shall be held for those State officers whose 
 terms are about to expire; at the election held in the 
 year eijjiiteen hundred and sixty-five, all county offi- 
 cers required to be elected under this Constitution in 
 that year shall be elected, and in like manner in 
 every second year lliereafter, an election shall be 
 held for those county officers whose terms are about 
 to expire. Md.^ 277. 
 
 CONTINUANCE OF OFFICERS AND OP OF- 
 FICES. 
 
 — That no inconveniences may arise from the amend- 
 ments of the Constitution of this State, and in order 
 to carry the same into complete operation, it is hereby 
 declared and oidained as follows: 
 —The offices of the present Senate and Representa- 
 tives shall not be vacated by any amendment of 
 the ConslituLion made in this Convention nor other- 
 wise affected, except that the terms of the Represen- 
 tatives and the terms of the Senators which will ex- 
 pire on the first Tuesday of October, in the year of 
 our Lord one thousand eight hundred and tliirty- 
 tvvo, aie hereby extended to the second Tuesday of 
 ISTovember in that year; and the tei-ms of the Sena- 
 tors which will expire on the first Tuesday of October 
 in the year of our Lord one thousand eight hundred 
 and thirty-three, are hereby extended to the second 
 Tuesday of November in that year; and the terms of 
 the Senators which will expire on the first Tuesday of 
 October in the year of our Lord one thousand eight 
 hundred and thirty-fuur, are hereby extended to the 
 Second Tuesday of November in that year. Del, 126. 
 — The Registers' Courts and Justices of the Peace 
 shall not be affected by any amendments of the Con- 
 stitution made in this Convention; but the said 
 courts and the terms of office of Registers and 
 Justices of the Peace shall remain the same as if 
 said amendments had not been made. Del., 128. 
 ■ — The provision in the twentieth section of the sixth 
 article of this amended Constitution (being the thir- 
 tieth section of the sixth article of the original Con- 
 stitution) of limitation of writs of error, shall have 
 relation to, and take date from the twelfth day of 
 June, in the year of our Lord one thousand seven 
 hundred and ninety-two, the date of said original 
 Constitution. Del.. 128. 
 
 It is declared that nothing in this amended Consti- 
 tution rrives a writ of Error from the Court of Errors 
 and Appeals to the Court of Oyer and Terminer or 
 Court of General Sessions of the Peace and Jail De- 
 livery nor an Appeal from the Court of General Ses- 
 sions of the Peace and Jail Delivery. Del, 128. 
 
 — All civil officers heretofore commissioned by the 
 Governor, or who have been duly appointed, or 
 elected, since the first day of January last, but who 
 have not received their commission and who have 
 not resigned, nor been removed fiom office, and whose 
 terms of office shall not have expired, shall continue 
 in the exercise of the duties of iheir respective offices 
 during the periods for which they were duly appointed 
 or duly elected as aforesaid, and commissioned, and 
 until their successors shall be appointed under the 
 provisions of this Constitution ; unless removed from 
 office as herein provided. Oa., 150. 
 — The County Commissioners' Courts and the Probate 
 Justices of the several counties, shall continue in 
 existence and exercise their present jurisdiction, until 
 the County Court provided in this Constitution, is 
 organized in pursuance of an act of the General 
 Assembly to be passed at its first session. 111., 157. 
 — Every person elected by popular vote, and now in 
 any office which is continued by this Constitution, 
 and every per.son who shall be so elected lo any such 
 office before the taking effi-ct of this Constitution 
 (except as in this Constitution otherwise provided), 
 shall continue in office until the term for which such 
 person has been, or may be elected, shall expire: 
 Provided, That no such person shall continue in office 
 after the taking effect of this Constitution for a longer 
 period than the term of such office in this Con.^titu- 
 tion prescribed. Ind., 182 ; (nearly similar), Iowa 
 195. 
 
 — On the taking effect of this Constitution, all officers 
 thereby continued in office shall, before proceeding in 
 the fmther discharge of their duties, take an oath or 
 affirmation to support this Constitution. Ind., 182. 
 — All vacancies that may occur in existing offices 
 prior to the first general election under this Constitu- 
 tion, shall be filled in the manner now nrescribed by 
 law. Ind., 182. 
 
 — Senators elected at the August election, in the year 
 one thousand eight hundred and fifty-six, shall con- 
 tinue in office until the second Tuesday of October, 
 in the year one thousand eight hundred and fifty- 
 nine, at which time their successors shall be elected 
 as may be prescribed by law. Iowa, 195. 
 — The Governor, Secretary, and Judges, and all other 
 officers both civil and military, under the territorial 
 government, shall continue in the exercise of the 
 duties of their respective departments until the said 
 officers are superseded under the authority of this 
 Constitution. Kan., 207. 
 
 — No office shall be superseded by the adoption of 
 this Constitution, but the laws of the State relative 
 to the duties of the several officers. Legislative, 
 Executive, Judicial and Military, shall remain in full 
 
20 
 
 1 S 4. The first election of Jiulgos ami c-loik of the (Vmrt of Appeals, .rnsMoos 
 
 2 of the Supreme Court, and County Judges, shall talie place at sneb tune be- 
 
 3 tween the first Tuesday of April and the second Tuesday of June, one thousand 
 
 4 eight hundred and forty-seven, as may be prescribed by law. The said courts 
 
 5 shall respectively enter upon their duties on the first ^londay of July next 
 
 6 thereafter ; but the term of office of said Judges, Clerk and Justices, as de- 
 
 7 Glared by this Constitution, shall be deemed to commence on the first day of 
 
 8 January, one thousand eight hundred and forty-eight. 
 
 force, though the same be contrary to this Constitu- 
 tion, and the several duties shall be performed by 
 the respective officers of the State, according to the 
 existing laws, under the organization of the Grovern- 
 ment, as provided for under this Constitution, and 
 the entering into office of tlie officers to be elected or 
 appointed under stiid Government and no longer. 
 Ki/., 224. 
 
 — In order that no inconvenience may result to the 
 public service from the taking effect of this Constitu- 
 tion, no officer shall be superseded thereby ; but the 
 laws of this State relative to the duties of the several 
 officer.^ Executive, Judicial and Jlilitary, except tliose 
 made vnid by military authority, and by the ordi- 
 nance of emancipation, shall remain in full force, 
 though the same be contrary to this Constitution, 
 and the several duties shall be performed by tlie 
 respective officers of tlie State, according to the exist- 
 ing laws, until the orgjuiization of the government 
 under this Constitution, and tlie eniering into office 
 of the new officers to be appointed under said govern- 
 ment, and no longer. La., 237. 
 — The members of the House of Representatives of 
 the Legislature of one thousand eight hundred and 
 fifty-one, shall continue in office under the provisions 
 of law until superseded by their successors elected 
 and qualified under this Constitution. Mich., 31C. 
 — All county officers, unless removed by competent 
 authority, shall continue to hold their respective offi- 
 ces until the first day of January, in the year one 
 thousand eight hundred and fifty-three. The laws 
 now in force as to tlie election, qualification, and 
 duties of township officers, shall continue in force 
 until the Legislature shall, in conformity to the pro- 
 visions of this Constitution, provide for the holding 
 of elections to fill such offices and prescribe the duties 
 of such officers respectively. Mich., 316. 
 — All territorial officers, civil and military, now hold- 
 ing their offices under the authority of tlie United 
 States or of the Territory of Minnesota, shall con- 
 tinue to hold and exercise their respective offices 
 until they shall be superseded by the authority of the 
 State. Mill., 330. 
 
 — The Governor and all officers, civil and military, 
 now holding commissions under the authority of this 
 State, shall continue to hold and exercise their respec- 
 tive offices until they shall be superseded, pursuant 
 to the provisions of this Constitution, and until their 
 successors be duly qualified. Miss., 344. 
 — The Governor and all other officers of the Territo- 
 rial Government, shall continue to discharge and exer- 
 cise the duties of their respective offices, until super- 
 seded by the provisions of this Constitution or the 
 officers appointed or elected by authority of its pro- 
 visions. Neb., 377. 
 
 — The Governor, Secretary, Treasurer, and Superin- 
 tendent of Public Instruction of (he Territory of 
 Nevada, shall each continue to discharge the duties 
 of their respective office after the admission of this 
 State into the Union, and until the time design.iled 
 for the qualification of the above-named officers to bo 
 
 elected under the State government; and the Terri- 
 torial -Vuditor shall continue to dit;charge the duties of 
 his said office until the time appointed for the qualifi- 
 cation of the StJite Comptroller; Provided, That the 
 said officers sliall each receive the salaries and be sub- 
 ject to the restrictions and conditions provided in this 
 Constitution; And provided fuHJttr, That none of 
 them shall receive to his own use any fefs or perqui- 
 sites tor the performance of anv duty connected with 
 his office. Nev., 394. 
 
 — All officei-s now filling any office or appointment, 
 shall continue in the exercise of the duties thereof, 
 according to their respective commissions or appoint- 
 ments, unless by this Constitution it is otherwise 
 directed. N. J., 420. 
 
 — The present Governor, Chancellor and Ordinary or 
 Surrogate-General and Treasurer, sliall continue in 
 office until successors elected or appointed under this 
 Constitution sliall be sworn or afiSrmed into office, 
 N. J., 420. 
 
 — In case of the death, resignation, or disability of 
 the present Gorcrnor, tlie person who may be Vice- 
 President of Council at the time of the adoption of 
 this Constitution, shall continue in office and admin- 
 ister tlie government until a Governor shall have been 
 elected and sworn, or affirmed into office under this 
 Constitution. A^. J., 420. 
 
 — The Register and Receiver of the Land Office, 
 Directors of the Penitentiary, l)ire>'tors of the be- 
 nevolent institutions of the State, the State Libra- 
 rian, and all other officers not otherwise provided lor 
 in this Constitution, in office on the first day of Sep- 
 tember, one thousand eight nur.dred and fifty-one, 
 shall continue in office until their terms expire re- 
 spectively, unless the General Assembly sliall other- 
 wise provide, Ohio, 444. 
 
 — ^^AU officers of the Territory, or under its laws, when 
 tliis Constitution takes cflocf^ sliall continue in office 
 until superseded by the State authorities. Or., 4l>0. 
 — All civil and military officers which have been or 
 may hereafter bo appointed by the acting Governor 
 of the State, are hereby ratified and affirmed, and 
 they shall continue to hold and exercise the functions 
 of their respective offices until tlieir successors shall 
 be elected or appointed, and qualified as prescribed 
 by the laws and Constitutioa of tlie State and United 
 States. linn., 504. 
 
 — All officers, civil and military, now holding their 
 offices under the authority of the United States, or 
 of the Territory of Wisconsin, shall continue to hold 
 and exercise their respective offices until they shall 
 be superseded by the authority of tlio State. II'is., 
 572. 
 
 — All county, precinct, and township officei-s, shall 
 continue to hold their respective oflflces, unless re- 
 moved by the competent authority, until the Legisla- 
 ture shall, in conformity with the provisions of this 
 Constitution, provide for the holding of elections to 
 fill such offices respectively. Wis., 572. 
 — The acts of the General Assembly, increasing the 
 number of Justices of tlie Peace, shall remain in force 
 
221 
 
 1 § 5. On the first Monday of July, one thousand eight hundred and forty-seven, 
 
 2 jurisdiction of all suits and proceedings then pending in the present Supreme 
 
 3 Court and Court of Chancery, and all suits and proceedings originally coni- 
 
 4 menced and then pending in any Court of Common Pleas (except in the city 
 
 5 and county of New York), shall become vested in the Supreme Court hereby 
 
 6 established. Proceedings pending in Courts of Common Pleas, and in suits 
 
 7 originally commenced in Justices' Courts, shall be transferred to the County 
 
 8 Courts provided for in this Constitution, in such manner and form and under 
 
 9 such regulations as shall be provided for by law. The Courts of Oyer and 
 
 until repealed by the General Assembly ; and no ofBce 
 shall be vacated by the amendment to this Constitu- 
 tion, unless the same be expressly vacated thereby, 
 or the vacating the same is necessary to give effect 
 to the amendments. Del., 128. 
 — The salaries or compensation of all persons holding 
 office under the present Constitution, shall continue 
 to be the same as now provided by law, until super- 
 seded by their successors elected or appointed under 
 this Constitution ; and it shall not be lawful hereafter 
 for the Legislature to increase or diminish the com- 
 pensation of any officer during the term for which he 
 is elected or appointed. Mich., 317. 
 — All executive, judicial and other officers and mem- 
 bers of the General Assembly now elected shall con- 
 tinue in office until their present terms expire, in the 
 same manner as if this Constitution had not been 
 adopted. The Senate may so fix the term of mem- 
 bers first elected thereto from districts not now repre- 
 sented, that one-half the number of Senators (or as 
 near that number as may be) shall be elected every 
 two years. Va., 544. 
 
 — In order that no inconvenience may result to the 
 public service from the taking eflfect of this Consti- 
 tution, no office shall be superseded thereby, nor the 
 laws relative to the duties of the several officers be 
 changed, until the entering into office of the new 
 officers to be appointed under this Constitution. Cal, 
 105. 
 
 — The Governor, at the expiration of the present 
 official terra, shall continue to act until his successor 
 shall have been sworn into office. Ind., 181. 
 -—Senators now in office and holding over under the 
 existing Constitution, and such as may be elected at 
 the next general election, and the Representatives 
 then elected, shall continue in office until the first 
 general election under this Constitution. Ind,, 181. 
 —The members of the present Legislature shall, on 
 the first Monday of March next, take and subscribe 
 an oath or affirmation to support this Constitution, 
 so far as the same shall then be in force. Sheriffs, 
 clerks of counties, and coroners, shall be elected at 
 the election hereby directed to commence on the first 
 Monday of November, in the year one thousand eight 
 hundred and twenty-two ; but they shall not enter 
 on the duties of their offices before the first day of 
 January then next following. The commissions of 
 all persons holding civil offices on the last day of 
 December, one thousand eight hundred and twenty- 
 two, shall expire on that day; but the officers then 
 in commission, may respectively continue to hold their 
 said offices until new appointments or elections shall 
 take place under this Constitution. N. Y. (1821), 4d. 
 —AH civil and military officers now elected, or who 
 shall be hereafter elected by the General Assembly 
 or other competent authority before the said first 
 Wednesday of April, shall hold their offices and may 
 exercise their powers until the said first Tuesday of 
 May, or until their successors shall be qualified to act. 
 
 R. I., 481. 
 
 CONTINUANCE OP LAWS, RIGHTS AND 
 LEGAL PROCEEDINGS. 
 
 — That no inconvenience may arise from the altera- 
 tions and amendments made in the Constitution of 
 this State, and to carry the same into complete effect, 
 it is hereby ordained and declared ; lU., 167, &c. 
 
 That all laws in force at the adoption of this Con- 
 stitution not inconsistent therewith, and all right«, 
 actions, prosecutions, claims and contracts of the State, 
 individuals or bodies corporate, shall continue and be 
 as valid as if this Constitution had not been adopted. 
 lU., 167 ; (nearly similar), Cal, 105 ; Ind., 181 ; Iowa, 
 199; Kan., 200; Ky., 229; La., 237; Mich., 316; 
 Min., 330; Miss., 344; Neb., 377; Nev., 393; Pa., 
 469 ; Wis., 571. 
 
 — All laws of the State passed during and since the 
 tenth session of the Legislature thereof, in 1860, not 
 repugnant to the Constitution of this State, or of the 
 United States, shall be valid ; all writs, actions, pros- 
 ecutions, judgments and decrees, of the courts of the 
 State, all executions and sales made thereunder, and 
 all acts, orders and proceedings of the Judges of Pro- 
 bate; and of executors, administrators, guardians and 
 trustees, provided they -were in conformity to the 
 laws then in force, and not fraudulent, shall be as 
 valid as if made under the usual and ordinary legisla- 
 tion of the country, provided that the same be not 
 repugnant to the Constitution of the State and of the 
 United States. Fl, 140. 
 
 — The clauses, sections and articles of the said Con- 
 stitution which remain unaltered, shall continue to 
 be construed and have the effect as if the said Con- 
 stitution had not been amended. Pa., 469. 
 — All fines, penalties and forfeitures, owing to the 
 
 Territory of , or any county, shall inure to the 
 
 use of the State or county. All bonds executed to 
 the Territory, or any officer thereof, in his official 
 capacity, shall pass over to the Governor, or other 
 officers of the State or county, and their successors 
 in office, for the use of the State or county, or by 
 him or them to be respectively assigned over to the 
 use of those concerned, as the case may be. Kan., 
 206 ; (nearly similar), Nev., 393. 
 — The rights and duties of all corporations shall 
 remain as if this Constitution had not been adopted, 
 vyith the exception of such regulations and restric- 
 tions as are contained in this Constitution. All judi- 
 cial and civil officers now in office, who have been 
 appointed by the General Assembly and commis- 
 sioned according to law, and all such officers as shall 
 be appointed by the said Assembly, and commis- 
 sioned as aforesaid, before the first Wednesday of 
 May next, shall continue to hold their offices until the 
 first day of June next, unless they shall, before that 
 time, resign, or be removed from office according to 
 law. The Treasurer and Secretary shall continue 
 in office until a Treasurer and Secretary shall be 
 appointed under this Constitution. All mihtary offi- 
 cers shall continue to hold and exercise their respec- 
 
 66 
 
222 
 
 10 Terminer hereby established shall, in their respective counties, have jurisdlc- 
 
 11 tion, on and after the day last mentioned, of all indictments and proceedings 
 
 12 then pending in the present Courts of Oyer and Terminer, and also of all 
 
 13 indictments and proceedings then pending in the present Courts of General 
 
 14 Sessions of the Peace, except in the city of ISew York, and except in cases of 
 
 15 which the Courts of Sessions hereby established may lawfully take cognizance ; 
 
 16 and of such indictments and proceedings as the Courts of Sessions hereby 
 
 17 established shall have jurisdiction on and after the day last mentioned. 
 
 live offices until they shail resign, or be removed 
 according to law. All laws not contrary to or incon- 
 sistent with the provisions of this Constitution shall 
 remain in force until they shall expire by their own 
 limitation, or shall be altered or repealed by the Gen- 
 eral Assembly, in pursuance of this Constitution. 
 The validity of all bonds, debts, contracts, as well of 
 individuals as of bodies corporate, or the State, of all 
 suits, actions, or rights of action, both in law and 
 equity, shall continue as if no change had taken place. 
 The Governor, Lieutenant-Governor, and General 
 Assembly which is to be formed in October next, 
 shall have and possess all the powers and authorities 
 not repugnant to or inconsistent with this Constitu- 
 tion, which they now have and possess, until the first 
 Wednesday of May next. Ct, 113. 
 — All suits, proceedings and matters which, on the 
 third Tuesday of January, in the year of our Lord 
 one thousand eight hundred and thirty-two, shall be 
 depending in the Supreme Court, or Court of Com- 
 mon Plea?, and all books, records and papers of the 
 said courts shall be transferred to the Superior Court 
 established by this amended Constitution, and the 
 said suits, proceedings and matters shall be proceeded 
 in to final judgment or determination in the said 
 Superior Court. All indictments, proceedings and 
 mutters which, on the third Tuesday of January, in 
 the year of our Lord one thousand eight hundred and 
 thirty-two, shall be depending in the Court of General 
 Quarter Sessions of the Peace and Jail Delivery, shall 
 be transferred to and proceeded in to final judgment 
 and determination in the Court of General Sessions 
 of the Peace and Jail Delivery established by this 
 amended Constitution, and all books, records and 
 papers of said Court of General Quarter Sessions of 
 the Peace and Jail Delivery shall be transferred to 
 the said Court of General Sessions of the Peace and 
 Jail Delivery. All suits, proceedings and matters 
 which, on the third Tuesday of January, in the year 
 of our Lord one thousand eight hundred and thirty- 
 two, shall be depending in the Court of Chancery or 
 in the Orphans' Court, and all records, books and 
 papers of said courts respectively, shall be transferred 
 to the Court of Chancery or Orphans' Court estab- 
 lished by this amended Constitution, and the said 
 suits, proceedings and matters shall proceed into 
 final decree, order or other determination. Del., 127. 
 —All recognizances heretofore taken shall remain 
 valid, and all bonds executed to the Governor of the 
 State of Florida, either before or since the first day 
 of January, 1861, or to any other officer of the State 
 in his official capacity, shall be of full force and virtue 
 for the uses therein respectively expressed, and may 
 be sued for and recovered accordingly ; and all crimi- 
 nal prosecutions and penal actions which have 
 arisen may be prosecuted to judgment and execution 
 in the name of the State. M., 140. 
 — Local and private statutes heretofore passed 
 intended for the benefit of counties, cities, towns, 
 corporations and private persons, not inconsistent 
 with the supreme law, nor with this Constitution, 
 and which have neither expired by their own limita- 
 
 tions nor been repealed, shall have the force of statute 
 law, subject to judicial decision, as to their validity 
 when enacted, and to any limitations imposed by 
 their own terms. Ga., 150. 
 
 — All acts of incorporation for municipal purposes 
 shall continue in force under this Constitution, until 
 such time as the General Assembly shall, in its discre- 
 tion, modify or repeal the same. Jnd., 181. 
 — All bonds executed to the State, or to any officer 
 in his official capacity, shall remain in force and inure 
 to the use of those concerned. Iowa, 194. 
 — All recognizances heretofore taken, or which may 
 be taken before the organization of the Judicial De- 
 partment under this Constitution, shall remain as 
 valid as though this Constitution had not been 
 adopted, and may be prosecuted in the name of the 
 Commonwealth. All criminal prosecutions and penal 
 actions which have arisen, or may arise before the 
 reorganization of the Judicial Department under this 
 Constitution, may be prosecuted to judgment and 
 execution, in the name of the Commonwealth. Eii . 
 224. 
 
 — All writs, action', causes of action, prosecutions, 
 and rights of individuals and of bodies corporate, and 
 of the State, and all charters of incorporation, shall 
 continue ; and all indictments which shall have been 
 found, or which may hereafter be found, for any 
 crime or ofiense committed before the adoption of 
 this Constitution, may be proceeded upon as if no 
 change had taken place. The several courts, except 
 as herein otherwise provided, shall continue with the 
 like powers and jurisdiction, both at law and in 
 equity, as if this Constitution had not been adopted, 
 and until the organization of the judicial department 
 under this Constitution. Mich., 316. 
 — That all fines, penalties, forfeitures and escheats 
 accruing to the State of Michigan under the present 
 Constitution and laws, shall accrue to the use of the 
 State under this Constitution. Mich., 316. 
 — That all recognizances, bonds, obligations, and all 
 other instruments entered into or executed before the 
 adoption of this Constitution, to the people of the 
 State of Michigan, to any State, county or township, 
 or any public officer or public body, or which may 
 be entered into or executed, under existing laws, 'to 
 the people of the State of Michigan," to any such 
 officer or public body, before the complete organiza- 
 tion of the departments of government under this 
 Constitution, shall remain binding and valid ; and 
 rights and liabilities upon the same shall continue, 
 and may be prosecuted as provided by law. And all 
 crimes and misdemeanors, and penal actions, shall be 
 tried, punished and prosecuted, as though no change 
 had taken place, until otherwise provided by law. 
 Mich., 316. 
 
 — The cases pending and undisposed of in the late 
 Court of Chancery at the time of the adoption of this 
 Constitution, shall continue to be heard and deter- 
 mined by the Judges of the Supreme Court. But the 
 Legislature shall, at its session in one thousand eight 
 hundred and fifty-one, previde by law for the trans- 
 fer of said causes that may remain undisposed of on 
 
223 
 
 the first day of January, one thousand eight hundred 
 and fifty-two, to the Supreme or Circuit Court 
 established by this Constitution, or require that the 
 same may be heard and determined by the Circuit 
 Judges. Mich., 318. 
 
 — All rights vested, and all liabilities incurred, shall 
 remain the same as if this Constitution had not been 
 adopted. Miss., 344. 
 
 — All debts and liabilities of the Territory of , 
 
 lawfully incurred, and which remain unpaid at the 
 time of the admission of this State into the Union, 
 shall be assumed by and become the debt of the State 
 
 of : Provided, That the assumption of such 
 
 indebtedness shall not prevent the State from con- 
 tracting the additional indebteduesp,provided in section 
 three of article nine of this Constitution. . Nev., 394. 
 — All property and rights of the Territory, and of 
 the several counties, subdivisions and political bodies 
 corporate of or in the Territory, including fines, penal- 
 ties, forfeitures, debts, and claims of whatsoever na- 
 ture, and recognizances, obligations and undertakings 
 to or for the use of the Territory, or any county, 
 political corporation, officer, or otherwise, to or for 
 the public, shall inure to the State, or remain to the 
 county, local division, corporation, officer, or public, 
 as if the change of government had not been made. 
 And private rights shall not be affected by such 
 change. Or., 460. 
 
 — All debts contracted and engagements entered into 
 before the adoption of this Constitution, shall be as 
 valid against this State, as if this Constitution had 
 not been adopted. R. I., 481. 
 — All fines, penalties, or forfeitures accruing to the 
 
 Territory of shall inure to the State. Min., 
 
 330; Wis., 571. 
 
 — That all fines, penalties, and forfeitures due and 
 owing to the State of Illinois under the present Con- 
 stitution and laws, shall inure to the use of the people 
 of the State of Illinois under this Constitution. Ill, 
 167. 
 
 — All fines, penalties, or forfeitures due, or to become 
 due or accruing to the State, or to any county therein, 
 or to the school fuml, shall inure to the State, 
 county or school fund in the manner proscribed by 
 law. Iowa, 194. 
 
 — All suits at law or in equity, now pending in the 
 several courts of this State, shall be transferred to such 
 court as may have proper jurisdiction thereof. Miss., 
 344. 
 
 — The territorial prison, as located under existing 
 laws, shall, after the adoption of this Constitution, be 
 and remain one of the State prisons of the State 
 
 of Min., 329. 
 
 — All indictments, prosecutions, suits, pleas, plaints, 
 and other proceedings pending in any of the courts, 
 shall be prosecuted to final judgment and execution ; 
 and all appeals, writs of error, certiorari, and injunc- 
 tions, shall be cai'ried on in the several courts in the 
 same manner as is now provided by law. Ind., 181. 
 
 All judgments, decrees, orders, and other proceed- 
 
 inn'S of the several courts of this State heretofore 
 made within the limits of their several jurisdictions, 
 are hereby ratified and affirmed, subject only to past 
 and future reversal, by motion for new trial, appeal, 
 bill of review, or other proceedings, in conformity 
 with the law of force when they were made. Oa., 
 150; (nearly similar), /owa, 194. 
 
 Crimes and misdemeanors committed against the 
 
 Territory of Oregon shall be punished by the State as 
 they might have been punished by the Territory if 
 the change of government had not been made. Or., 
 
 Recognizances, bonds, obligations, and all other 
 
 instruments entered into or executed, before the 
 adoption of this Constitution, to the people of the 
 State of Illinois, to any State or county officer or 
 public body, shall remain binding and valid, and 
 nifhts and liabilities upon the same shall continue, and 
 alT Climes and misdemeanors shall be tried and pun- 
 ished as though no change had been made in the 
 Constitution of the State. Ill, 167. 
 
 — All fines, penaltie.'s, and forfeiture sued or accruing 
 to the State, or to any county therein, shall inuie to 
 the State, or to such county, in the manner prescribed 
 by law. All bonds executed to the State, or to any 
 ofiBcer in his official capacity, shall remain in force, 
 and inure to the use of those concerned. Ind., 181. 
 — All recognizances heretofore taken, or which may 
 be taken before the ch.ange from a territorial to a 
 permanent State government, shall remain valid, and 
 shall pass to, and may be prosecuted in the name of 
 the State, and all bonds executed to the Governor of 
 the Territory, or to any other officer or court, in his 
 or their official capacity, shall pass to the Governor or 
 the State authority, and their successors in office, for 
 the uses therein respectively expressed, and may be 
 sued for and recovered accordingly ; and all the estate 
 or property, real, personal, or mixed, and all judg- 
 ments, bonds, specialties, choses in action, and claims, 
 or debt of whatsoever description, of the Territory 
 
 of , shall inure to and vest in the State of , 
 
 and may be sued for and recovered in the same 7nan- 
 
 ner, and to the same extent, by the State of , as 
 
 the same could have been by the Territory of . 
 
 All criminal prosecutions and penal actions, which 
 may have arisen or which may arise before the change 
 from a territorial to a State government, and which 
 shall then be pending, shall be prosecuted to judg- 
 ment and execution in the name of the State. All 
 offenses committed against the laws of the Territory 
 
 of , before the change from a territorial to a 
 
 State government, and which shall not be prosecuted 
 before such change, may be prosecuted in the name 
 
 and by the authority of the State of , with like 
 
 effect as though such change had not taken place; 
 and all penalties incurred shaU remain the same as if 
 this Constitution had not been adopted. All actions 
 at law, and suits in equity, which may be pending in 
 
 any of the courts of the Territory of , .at the time 
 
 of the change from a territorial to a State govern- 
 ment, may be continued and transferred to any court 
 of the State which shall have jurisdiction of the sub- 
 ject matter thereof Wis., 571. 
 — This Constitution as amended, so far as shall con- 
 cern the Judicial Department, shall commence and 
 be in operation from and after the third Tuesday 
 of January, in the year of our Lord one thousand 
 eight hundred and thirty-two. All the courts of jus- 
 tice now existing shall continue with their present 
 jurisdiction, and the Chancellor and Judges and the 
 Clerks of the said courts shall continue in office until 
 the said third Tuesday of January, in the year of our 
 Lord one thousand eight hundred and thirty-two; 
 upon which day the said courts shall be abolished, 
 and the offices of the said Chancellor, Judges and 
 Clerks shall expire. All writs of error, and appeals 
 and proceedings which, on the third Tuesday of Jan- 
 uary, in the year of our Lord one thousand eight 
 hundred and thirty-two, shall be depending in the 
 High Court of Errors and appeals, and all the books, 
 records and papers of said court shall be transferred 
 to the Court of Errors and Appeals established by 
 this amended Constitution; and the said writs of 
 errors, appeals, and proceedings shall be proceeded 
 in in the said Court of Errors and Appeals, to final 
 judgment, decree, or other determination. Del, 127. 
 — That the Clerk of the Circuit Court, in each county 
 fixed by this Constitution as the place for holding the 
 Supreme Court, except in the county of Sangamon, 
 shall be ex officio Clerk of the Supreme Court, until 
 the clerks of said court shall be elected and qualified, 
 as provided in this Constitution, and all laws now in 
 force, in relation to the Clerk of the Supreme Court, 
 shall be applicable to said clerks and their duties. 
 III. 167. , , . ^ 
 
 —All ordinances and laws in force when this Consti- 
 tution is adopted, and not inconsistent therewith, 
 shall remain and continue as if this Constitution was 
 sot adopted; and so of all rights, prosecutions, ac- 
 tions, claims and contracts. Va.. 544. 
 
 The Legislature shall provide for the removal of all 
 
 causes whTch may be pending when this Constitution 
 
224 
 
 1 § 6. The OLancellor and the present Supreme Court shall respectively, have 
 
 2 power to hear and determine any of such suits and proceedings ready on the 
 
 3 first Monday of July, one thousand eight hundred and forty-seven, for hearing 
 
 4 or decision, and shall, for their services therein, be entitled to their present 
 
 5 rates of compensation, until the first day of July, one thousand eight hundred 
 
 6 and forty-eight, or until all such suits and proceedings shall be sooner heard 
 
 7 and determined. Masters in Chancery may continue to exercise the functions 
 
 8 of their offices in the Court of Chancery, so long as the Chancellor shall con- 
 
 9 tinue to exercise the functions of his office under the provisions of this Oon- 
 
 10 stitution. And the Supreme Court hereby established shall also have power 
 
 11 to hear and determine such of said suits and proceedings as may be prescribed 
 
 12 by law. 
 
 1 3 7. In case any vacancy shall occur in the office of Chancellor or Justice 
 
 2 of the present Supreme Court, previous to the first day of July, one thousand 
 
 goes into effect, to courts created by the same. Cat., 
 105. 
 
 — All statutes, public and private, not repugnant to 
 this Constitution, shall continue in force until they 
 expire by their own limitations, or are repealed by 
 the General Assembly. All charters, contracts, 
 judgments, actions and rights of action, shall be as 
 valid as if this Constitution had not been made. The 
 present government shall exercise all the powers with 
 which it is now clothed, until the said first Tuesday 
 of May, one thousand eight hundred and forty-three, 
 and until the government under this Constitution is 
 duly organized. R. I., 181. 
 
 PUBLICATION OF THE CONSTITUTION. 
 
 ■ — This Constitution shall be published in three papers 
 to be selected by the President of the Convention, 
 whereof two shall publish the same in English and 
 French, and one in German, from the period of the 
 adjournment of the Convention until the election for 
 ratification or rejection on the first Monday of Sep- 
 tember, 1864. La., 238. 
 
 — This form of government shall be enrolled on parch- 
 ment, and deposited in the Secretary's office, and be 
 a part of the laws of the land; and printed copies 
 thereof shall be prefixed to the book containing the 
 laws of this Commonwealth, in all future editions of 
 the said laws. Mass., 204 ; (similar provision), Me., 
 252. 
 
 — The Legislature, at their first session, shall provide 
 for the payment of all expenditures of the Convention 
 to revise the Constitution, and of the publication of 
 the same as is provided in this article. Mich., 317. 
 — At the first regular session of the Legislature, to 
 convene under the requirements of this Constitution, 
 provision shall be made by law for paying for the 
 publication of six hundred copies of the debates and 
 proceedings of this Convention, in book form, to be 
 disposed of as the Legislature may direct; and the 
 Hon. J. Neely Johnson, President of this Convention, 
 shall contract for, and A. J. Marsh, official reporter of 
 this Convention, under the direction of the President, 
 shall supervise the publication of such debates and 
 proceedings. Provision shall be made by law at such 
 first session of the Legislature for the compensation 
 of the official reporter of this Convention, and he 
 
 shall be paid in coin or its equivalent He shall 
 receive for his services in reporting the debates and 
 proceedings, fifteen dollars per day during the session 
 of the Convention, and seven and one-half dollars 
 additional for each evening sesison, and thirty cents 
 per folio for one hundred words for preparing the 
 same for publication, and for supervising and indexing 
 such publication, the sum of fifteen dollars per day 
 during the time actually engaged in such service. 
 Mv., 395. 
 
 — The President of the Convention shall, immediately 
 after the adjournment thereof, cause this Constitution 
 to be deposited in the office of the Governor of the 
 Territory ; and if after the submission of the same to 
 a vote of the people, as hereinafter provided, it shiiU 
 appear that it has been adopted by a vote of the 
 people of the State, then the Governor shall forward 
 a certified copy of the same, together with an abstract 
 of the votes polled for and against the said Constitu- 
 tion, to the President of the United States, to be by 
 him laid before the Congress of the United States. 
 Minn., 380. 
 
 — This form of government shall be. enrolled on parch- 
 ment, and deposited in the Secretary's office, and be a 
 part of the laws of the land, and printed copies thereof 
 shall be prefixed to the books containing the laws of 
 this State in all future editions thereof. iVi ff., 411. 
 
 1. It shall be the duty of the President of this 
 Convention, immediately on its adjournment, to cer- 
 tify to the Governor a copy of the Bill of Rights and 
 Constitution adopted, together with this schedule. 
 
 2. Upon the receipt of such certified copy, the 
 Governor shall forthwith annoimce the fact by pro- 
 clamation, to be published in such manner as he may 
 deem requisite for general information, and shall 
 annex to his proclamation a copy of the Bill of Rights 
 and Constitution, together with this schedule, all of 
 which shall be published in the manner indicated. 
 Ten printed copies thereof shall, by the Secretary of 
 the Commonwealth, be immediately transmitted by 
 mail to the clerk of each County and Corporation 
 Court in this Commonwealth, to be by such clerk 
 submitted to the examination of any person desiring 
 the same. Va., 544. 
 
 — This Constitution shall be prefixed to every edition 
 of the laws made by direction of the Legislature. 
 Del, 125. 
 
225 
 
 3 eight hundred and forty-eight, the Governor may nominate, and by and with 
 
 4 the advice and consent of the Senate, appoint a proper person to fill such 
 
 5 vacancy. Any Judge of the Court of Appeals or Justice of the Supreme 
 
 6 Court, elected under this Constitution, may receive and hold such appoint- 
 
 7 ment. 
 
 1 S 8. The offices of Chancellor, Justice of the existing Supreme Court, 
 
 2 Circuit Judge, Vice-Ohancellor, Assistant Yice-Chancellor, Judge of the exist- 
 
 3 ing County Courts of each county. Supreme Court Commissioner, Master in 
 
 4 Chancery, Examiner in Chancery, and Surrogate (except as herein otherwise 
 
 5 provided), are abolished from and after the first Monday of July, one thousand 
 
 6 eight hundred and forty-seven (1847). 
 
 1 §9. The Chancellor, the Justices of the present Supreme Court, and the 
 
 2 Circuit Judges, are hereby declared to be severally eligible to any office at the 
 
 3 first election under this Constitution. 
 
 1 S 10. Sheriffs, Clerks of Counties (including the Eegister and Clerk of the 
 
 2 city and county of New York), and Justices of the Peace and Coroners, in 
 
 3 office when this Constitution shall take effect, shall hold their respective offices 
 
 4 until the expiration of the term for which they were respectively elected. 
 
 1 g 11. Judicial officers in office when this Constitution shall take effect, 
 
 2 may continue to receive such fees and perquisites of office as are now author- 
 
 3 ized by law, until the first day of July, one thousand eight hundred and forty- 
 
 4 seven, notwithstanding the provisions of the twentieth section of the sixth 
 
 5 article of this Constitution. 
 
 1 g 12. All local courts established in any city or village, including the 
 
 2 Superior Court, Common Pleas, Sessions and Surrogates' Courts of the city 
 
 3 and county of New York, shall remain, until otherwise directed by the Legis- 
 
 4 lature, with their present powers and jurisdictions ; and the Judges of such 
 
 5 courts, and any Clerks thereof, in office on the first day of January, one 
 
 6 thousand eight hundred and forty-seven, shall continue in office until the ex- 
 
 7 piration of their terms of office, or until the Legislature shall otherwise direct 
 
 67 
 
226 
 
 1 5 13. This Constitution shall be in force from and including the first day 
 
 2 of January, one thousand eight hundred and forty-seven, except as herein 
 
 3 otherwise provided. 
 
 Done in Convention, at the capitol in the city of Albany, the ninth day of 
 October, in the year one thousand eight hundred and forty-six, and of the Inde- 
 pendence of the United States of America the seventy-first. In witness 
 whereof, we have hereunto subscribed our names. 
 
 JOKfr TEACY, 
 
 Pnaidmt and DeUgaie from the County qf Chenango. 
 J.VMES F. ST-VKBUCK, 
 
 H. W. Strong, J- Secretaries. 
 
 Fr. SfiGEai, 
 
 SUPREMACY OF THE CONSTITUTION — 
 LAWS FOE CARRYING IT INTO EFFECT. 
 
 — This Constitutioa shall be the supreme law of the 
 State, and any law inconsistent therewith shall be 
 void. The General Assembly shall pass all laws 
 necessary to carry this Constitution into effect. Iowa, 
 194; E. Z, 475. 
 
 — That tlie declaration of rights is hereby declared to 
 be a part of the Constitution of this State, and ought 
 never to be violated on any pretense whatsoever. 
 X. C, 426. 
 
 — The Legislature shall pass all laws necessary to 
 carry into effect the provisions of this Constitution. 
 X. J., 421; (nearly similar), Del, 128; 111, 169; Va., 
 544. 
 
 — Jt shall be the duty of the Legislature, at their first 
 session, to adapt the present laws to the provisions 
 of this Constitution, as far as may be. Mich., 316. 
 — The General Assembly shall have power to make 
 all laws and ordinances consistent with this Constitu- 
 tion, and not repugnant to the Constitution of the 
 United States, which they shall deem necessary and 
 proper for the welfare of the State. Ga., 146. 
 — The General Assembly shall have power to pass all 
 such laws as may be necessary and proper for carry- 
 ing into execution the powers vested by this Consti- 
 tntion in any department of office of the Grovernment, 
 and the duties imposed upon them thereby. Md., 265. 
 — The General Assembly shall declare by law what 
 parts of the common law, and wiiat parts of tlie civil 
 law, not inconsistent with this Constitution, shall be 
 in force in this State. Fl., 140. 
 
 — All the provisions of the existing Constitution 
 inconsistent with the provisions herein contained 
 are hereby wholly annulled. Mass., 295, 296. 
 
 DATES OF GOING INTO EFFECT. 
 
 —New York (1777), April 20, 1777. 
 — " " (1821), January 1, 1S22, with such ex- 
 ceptions as are made in Art. IX, g 1. P. 102. 
 —Ohio, September 1, 1851. P. 445. 
 —Indiana, November 1, 1851. P. 181. 
 —New Jersey, September 2, 1844. P. 420. 
 — All officers of this State, other than members of 
 the Legislature, shall be installed into office on the 
 fifteenth day of December next, or as soon thereafter 
 as practicable. Cal, 106. 
 
 — The first session of the Legislature of the State of 
 Wisconsin shall commence on the first Monday in 
 June next, and shall be held at the village of Madi- 
 son, which shall be and remain the seat of govern- 
 ment until otherwise provided by law. Wis., 572. 
 — This Constitution, if adopted, shall go into ope- 
 ration on the first Tuesday of May, in the year one 
 thousand eight hundred and forty-three. The first 
 election of Governor, Lieutenant-Governor, Secre- 
 tary of State, Attorney-General and Genend Treas- 
 urer, and of Senators and Representatives under 
 said Constitution, shall be had on the first Wednes- 
 day of April next preceding, by the electors qualified 
 under said Constitution. And the town and ward 
 meetings therefor shall be warned and conducted as 
 is now provided by law. R. I., 481. 
 
227 
 
 ARRANGEMENT OF SUBJECTS. 
 
 UNITED STATES CONSTITUTION. 
 
 AnTicLES. Sections. 
 
 Preamble 1 
 
 I. Legislative Department, 10 
 
 II. Executive Department 4 
 
 III. Judicial Department 3 
 
 IV. Bights and obligations of States 4 
 
 V. Amendments of the Constitution, 1 
 
 VI. Obligations of Debts and of Treaties, 
 
 Oaths of Office, 1 
 
 VII. Ratification, 1 
 
 AMENDMENTS. 
 
 Bill of Eights (Articles I to IX.) 
 
 Powers reserved to the States (Art. X.) 
 
 Judicial Povrer, as between States (Art. XI.) 
 
 Election of President and Vice-President, . . (Art. XII.) 
 Abolition of Slavery, (Art. XIII.) 
 
 ALABAMA. 
 
 AltTICLBS. SBOTIONB. 
 
 Preamble 1 
 
 I. Declaration of Rights, 36 
 
 II. State Boundaries and Counties, 3 
 
 III. Distribution of Powers of Government, ... 2 
 
 IV. Legislative Department, 43 
 
 V. Executive Department, 20 
 
 VI. Judicial Department, 16 
 
 VII. State and County Officers, 7 
 
 VIII. Elections by the People, 4 
 
 IX. Amendment and Revision of the Constitu- 
 tion, 2 
 
 Abticles. 
 
 I. 
 
 II. 
 
 III. 
 
 IV. 
 
 V. 
 
 VL 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 ARKANSAS. 
 
 Sections. 
 
 Preamble, 1 
 
 Boundaries of the State, 1 
 
 Declaration of Rights, 34 
 
 Ot Departments, 3 
 
 Legislative Department (§ ^'^ 
 
 Qualifications of Electors (| 2.) 
 
 Time of choosing Representatives,. .(^ 3.) 
 Qualifications of Representatives, ...(§ 4.) 
 
 QualificatioQS of a Senator, .(§ 5-8;) 
 
 Mode of election and time and privi- 
 leges of electors, 
 
 Duty of Governor, • • ■(§ 9-31.) 
 
 Manner of bringing suits against 
 
 the State (§33-33.) 
 
 Mode of Amending the Constitution, 
 
 Abolition of Slavery 1 
 
 Executive Department, 36 
 
 Militia 2 
 
 Judicial Department, 20 
 
 General provisions 13 
 
 Revenue, * 
 
 Schedule, » 
 
 Ordinances, ' 
 
 Sections. 
 
 CALIFORNIA. 
 Abtioles. 
 
 I. Declaration of Rights, 31 
 
 II. Right of SufTrage, 6 
 
 III. Distribution of Powers, 1 
 
 IV. Legislative Department, 39 
 
 V. Executive Department 21 
 
 Abticlbb. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 XII. 
 
 Abticles. 
 
 I. 
 
 II. 
 
 III. 
 
 IV. 
 
 V. 
 
 VI. 
 
 vn. 
 
 VIII. 
 IX. 
 X. 
 XI. 
 
 Sections. 
 
 Judicial Department, 19 
 
 Militia, 3 
 
 State Debt, 1 
 
 Education 4 
 
 Mode of amending and revising the Con- 
 stitution, 3 
 
 Miscellaneous provisions, 31 
 
 Boundaries 1 
 
 Schedule, 10 
 
 CONNECTICUT. 
 
 Sections. 
 
 Preamble 1 
 
 Declaration of rights 31 
 
 Of the Distribution of Powers, 1 
 
 Of the Legislative Department 11 
 
 Of the Executive Department 21 
 
 Of the Judicial Department, 3 
 
 Of the qualifications of electors 9 
 
 Of Religion, 3 
 
 Of Education 3 
 
 Of Impeachments, 4 
 
 General provisions, 4 
 
 Of Amendments of the Constitution 1 
 
 amendments. 
 Abtiole. 
 
 I. Number of Senators. 
 
 II. Senatorial Districts. Ratio of Representation. 
 
 III. Election of Senators. 
 
 IV. Election of Lieutenant-Governor, Treasurer 
 
 and Secretary. 
 
 V. Election of Comptroller of Public Accounts. 
 
 VI. Elections. Manner of holding elections. 
 
 VII. Election of Sheriff. 
 
 VIII. Qualification of Electors. 
 
 IX. Election of Judges of Probate. 
 
 X. Election of Justices of the Peace. 
 
 XI. Literary Qualifications of Electors. 
 
 XII. Judges ; term, tenure of office and removal. 
 
 XIII. Soldiers' vote in the army or navy. 
 
 DELAWARE. 
 AitTicLES. Sections. 
 
 Preamble, 1 
 
 L Bill of Rights 19 
 
 II. Legislative Department, 17 
 
 III. Executive Department 15 
 
 IV. Of Elections, 2 
 
 V. Impeachments, 3 
 
 VI. Judicial department, 25 
 
 VII. Miscellaneous provisions, 13 
 
 Vm. Oaths of Office 1 
 
 IX. Amendments to the Constitution, 1 
 
 Schedule, 10 
 
 FLORIDA. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Declaration of Rights, 26 
 
 II. Distribution of the Powers of Government, 2 
 
 III. Executive Department, 33 
 
 IV. Legislative Department, 32 
 
 V. Judicial Department 23 
 
 VI. The Right of Suffrage and Qualifications 
 
 of Officers ; Civil Officers and Impeach- 
 ments and Removals from Office,. ..... 18 
 
228 
 
 Abticlxs. Sections. 
 
 VII. Militia, 3 
 
 VIII. Taxation and Revenue 5 
 
 IX. Census and Apportionment of Representa^ 
 
 tion, 5 
 
 X. Education, 2 
 
 XI. Public Domain and Internal Improve- 
 ments, 3 
 
 XII. Boundaries 1 
 
 XIII. Banks and other Corporations, 10 
 
 XIV. Amendment and Revision of the Constitu- 
 
 tion, 3 
 
 XV. Seat of Government, 1 
 
 XVI. General Provisions, 7 
 
 XVII. Schedule and Ordinance, 7 
 
 GEORGIA. 
 Articles. Sections. 
 
 Preamble 1 
 
 I. Declaration of Rights, 21 
 
 Sub-sections. 
 II. (§ 1) Powers of Government ; Legislative 
 
 Power ; Eligibility to Office, 6 
 
 (8 2) Senatorial Districts, Senate, Senators, 4 
 
 (§ 8) House of Representatives, 5 
 
 (§ 4) Rights and Privileges of each House ; 
 
 Oaths ; Passage of Bills 9 
 
 (§ 5) Powers and Jurisdiction of General 
 
 Assembly, 5 
 
 (§ 6) Creation of Corporations ; Grants or 
 
 Donations of Public Money, 4 
 
 III. (§ 1) Executive Power, how vested ; Quali- 
 
 fications of Governor, 5 
 
 (§ 3) Powers and duties of Governor ; the 
 
 Great Seal 9 
 
 IV. (§ 1) Judicial Power, how vested ; Supreme 
 
 Court, 4 
 
 (§ 2) Superior Court ; its organization and 
 
 jurisdiction, 13 
 
 (§ 3) Judges, State's Attorney, Inferior and 
 County Courts, Justices of the Peace, 
 
 Probate Courts, 5 
 
 V. (§ 1) Qualifications of Electors, Elections, 
 Continuance of Laws and of legal 
 rights; Miscellaneous provisions, . . 11 
 
 AltTICI.ES. 
 
 I. 
 II. 
 
 ni. 
 
 IV. 
 
 V. 
 
 VL 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 XII. 
 
 XIII. 
 
 XIV. 
 
 I. 
 
 II. 
 
 III. 
 
 IV. 
 
 V. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 XII. 
 
 xin. 
 
 XIV. 
 
 XV. 
 
 XVI. 
 
 ILLINOIS. 
 
 Sections. 
 
 Preamble 1 
 
 Boundaries, 1 
 
 Distribution of the Powers of Government, 3 
 
 Legislative Department 40 
 
 Senatorial Districts 25 
 
 Representative Districts, 41 
 
 Executive Department, 26 
 
 Judicial Department, 33 
 
 Elections and the Right of Suffrage, 9 
 
 New Counties, 7 
 
 Militia, 6 
 
 Revenue, 6 
 
 Corporations, 6 
 
 Commons, 1 
 
 Amendments to the Constitution, 2 
 
 Bill of Rights, 26 
 
 Public Debt 1 
 
 Schedule, 26 
 
 INDIANA. 
 
 Sections. 
 
 Preamble, 1 
 
 Bill of Rights 37 
 
 Suffrage and Election, 14 
 
 Distribution of Powers 1 
 
 Legislative Department, 30 
 
 Executive Department 24 
 
 Administrative Department, 10 
 
 Judicial Department, 21 
 
 Education 
 
 State Institutions, 3 
 
 Finance, 
 
 Corporations, 14 
 
 Militia 6 
 
 Negroes and Mulattoes, 4 
 
 Boundaries 2 
 
 Miscellaneous Provisions, 10 
 
 Amendments, 2 
 
 Schedule, 16 
 
 IOWA. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Bill of Rights, 35 
 
 II. Right of Suffrage, 6 
 
 III. Distribution of Powers 1 
 
 Legislative Department, 38 
 
 IV. Executive Department, 33 
 
 V. Judicial Department, 14 
 
 VI. Militia 3 
 
 Vn. StateDebt, 7 
 
 VIII. Corporations, 13 
 
 IX. Education and Schools, 15 
 
 School Funds and School Lands 7 
 
 X. Amendments to the Constitution, 3 
 
 XI. Miscellaneous Provisions, 8 
 
 Xn. Schedule, 15 
 
 KANSAS. 
 Articles, Sections. 
 
 Ordinance, 8 
 
 Preamble, 1 
 
 Bill of Rights, 28 
 
 I. Executive Department, 16 
 
 II. Legislative Department, 28 
 
 III. Judicial Department, 20 
 
 IV. Elections, 3 
 
 V. Suffrage, 7 
 
 VI. Education, 9 
 
 VII. Public Institutions, 4 
 
 VIIL Militia 4 
 
 IX. County and Town Organization, 5 
 
 X. Apportionment, 3 
 
 XI. Finance and Taxation, 8 
 
 XII. Corporations 6 
 
 XIII. Banks and Currency 9 
 
 XIV. Amendments, 2 
 
 XV. Miscellaneous Provisions, 9 
 
 Schedule, 35 
 
 KENTUCKY. 
 Articles. Sections. 
 
 Preamble ' 1 
 
 I. Distribution of Powers, 3 
 
 II. Legislative Department, 4 
 
 III. Executive Department, 36 
 
 IV. Judicial Department, (§ 1-) 
 
 Court of Appeals, (§ 3-15.) 
 
 arcuit Courts, (8 16-28.) 
 
 County Courts (§ 29^1.) 
 
 V. Impeachments, 3 
 
 VI. Executive and Ministerial Officers for 
 
 Counties and Districts, 11 
 
 VII. Militia, 3 
 
 VIII. General Provisions, 26 
 
 IX. Seat of Government, 1 
 
 X. Slaves, ; 3 
 
 XI. Education 2 
 
 XII. Mode of Revising the Constitution 2 
 
 XIIL Bill of Rights, 30 
 
 LOUISIANA. 
 Titles. Articles. 
 
 Preamble 1 
 
 I. Emancipation, 2 
 
 II. Distribution of Powers 2 
 
 III. Legislative Department, 38 
 
 IV. Executive Department, 26 
 
 V. Judicial Department, 16 
 
 VI. Impeachment, 5 
 
 VII. General Provisions, 43 
 
 VIII. Corporation of the City of New Orleans, . . 1 
 IX. Labor on Public Works 3 
 
 X. Internal Improvements, 4 
 
 XI. Public Education, 7 
 
 XII. Mode of Revising the Constitution, 1 
 
 Xm. Schedule 4 
 
 XIV. Ordinance, . . ._ 4 
 
 [The articles are numbered consecutively from 1 to 155.] 
 
 MAINE. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Declaration of Rights, 24 
 
 II. Electors, 4 
 
 III. Distribution of Powers 2 
 
 IV. Part 1. Legislative Power. House of 
 
 Representatives, 8 
 
 2. Senate, 8 
 
 3. Legislative Powers, 13 
 
229 
 
 Abtioles. Seotionb. 
 
 V. Part 1. Executive Power, 14 
 
 3. Council, 4 
 
 3. Secretary, '. 4 
 
 4. Treasurer, 4 
 
 VI. Judicial Power, 6 
 
 Vn. Military, '.'...'.'... 5 
 
 VIII. Literature, 1 
 
 IX. General Provisions 8 
 
 X. Schedule, 6 
 
 Amendments, 8 
 
 MARYLAND. 
 ABTICI.B3. Sections. 
 
 Preamble, 1 
 
 Declaration of Riglits, 45 
 
 I. Elective Franchise, 8 
 
 II. Executive Department, 24 
 
 III. Legislative Department 55 
 
 IV. Judiciary Department 
 
 Part 1. General Provisions, (i; 1-16) 
 
 3. Court of Appeals f§ 17-23) 
 
 3. Circuit Courts, (g 34-30) 
 
 4. Courts of Baltimore city, .(§31-43) 
 
 5. Orphans' Court (§ 43-46) 
 
 6. Justices of the Peace, (| 47-48) 
 
 7. Sheriffs, (55 49-50) 
 
 V. Attorney-General, ' (§ 1-6) 
 
 State's Attorneys, (§ 7-11) 
 
 VI. Treasury Department, ' 6 
 
 VII. Sundry offices, 9 
 
 VIII. Education, 6 
 
 IX. Militia and Military Affairs, 3 
 
 X. Counties and Townships, 3 
 
 XI. Amendments of the Constitution, 3 
 
 XII. Schedule (§ 1-7) 
 
 Vote of the Constitution, (§ 8-10) 
 
 Soldiers' Vote, (§ 11-16) 
 
 MASSACHUSETTS. 
 Chapteks. Articles. 
 
 Preamble, 
 
 Part 1. Declaration of Rights, XXX 
 
 3. Frame of Government 
 
 I. Legislative Power 
 
 The General Court, (§ 1) IV 
 
 Senate, (§2) IX 
 
 House of Representatives, (^3) XI 
 
 II. Executive Power, 
 
 Governor, (8 1) XIII 
 
 Lieutenant-Governor, (^3) III 
 
 Council and the manner of settling 
 
 elections by the Legislature, . . . (§ 3) VII 
 Secretary, Treasurer, Commissary, 
 
 &c., (§4) n 
 
 III. Judiciary Power, V 
 
 IV. Delegates to Congress, 
 
 V. The University at Cambridge, and 
 
 encouragement of Literature, &c.,. . 
 
 The University (§ 1) HI 
 
 The encouragement of Literature, 
 &c., (§2) 
 
 Oaths and Subscriptions : incompati- 
 bility of, and exclusion from offices ; 
 pecuniary qualifications ; commis- 
 sions ; writs ; confirmation of laws ; 
 habeas corpus ; the enacting style ; 
 continuance of officers; provision 
 for a future revisal of the Constitu- 
 tion XI 
 
 Articles of Amendment, XXVI 
 
 MICHIGAN. 
 
 ABTICLE3. SEOnONS. 
 
 I. Boundaries, 1 
 
 II. Seat of Government, 1 
 
 III. Division of the Powers of Government, ... 2 
 
 IV. Legislative Department, 48 
 
 V. Executive Department , 19 
 
 VI. Judicial Department, 35 
 
 vn. Elections •. 8 
 
 VIII. State Officers, 5 
 
 IX. Salaries, 1 
 
 X. Counties 11 
 
 XI. Townships, 3 
 
 XII. Impeachments and Removals from Office, 8 
 
 XIII. Education 11 
 
 XIV. Finance and Taxation, 14 
 
 XV. Corporations, 16 
 
 58 
 
 Aetioles. Sections. 
 
 XVI. Exemptions, K 
 
 XVn. Militia '. . .'.'.'.'.'/.'.\'.'.'.'.'. 3 
 
 XVIII. Miscellaneous provisions 15 
 
 XIX. Upper Peninsula, 9 
 
 XX. Amendment and Revision of the Consti- 
 tution 2 
 
 Schedule, 29 
 
 Resolutions, l 
 
 MINNESOTA. 
 ABTICLE9. Sections. 
 
 Preamble, l 
 
 L Bill of Rights 17 
 
 II. Name and Boundaries 3 
 
 III. Distribution of the Powers of Govern- 
 
 ment, 1 
 
 IV. Legislative Department, 37 
 
 V. Executive Department, 9 
 
 VI. Judiciary, 15 
 
 VII. Elective Franchise 7 
 
 VIII. School Funds, Education and Science, ... 8 
 IX. Finances of the State, and Banks and 
 
 Banking 13 
 
 X. Corporations having no banking privi- 
 leges 4 
 
 XI. Counties and TownshJps, 6 
 
 Xn. Militia, 1 
 
 XIII. Impeachment and Removal from Office, . . 13 
 
 XIV. Amendments to the Constitution, 3 
 
 XV. Miscellaneous Subjects, 5 
 
 Schedule, 23 
 
 Amendments. 
 
 MISSISSIPPI. 
 Articles. Sections. 
 
 I. Declaration of Rights, 30 
 
 II. Distribution of Powers, 2 
 
 III. Legislative department 31 
 
 IV. Judicial Department, 28 
 
 V. Executive Department, 20 
 
 Militia, 3 
 
 VI. Impeachments 3 
 
 VII. General Provisions 18 
 
 VIII. Abolition of Slavery, 1 
 
 Additional Article, 1 
 
 Mode of Revising the Constitution, 1 
 
 Schedule, 7 
 
 Ordinance in relation to special Courts of 
 
 Equity, 1 
 
 Ordinance to confer certain powers upon 
 
 the Legislature, 1 
 
 MISSOURI. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Declaration of Rights, 32 
 
 II. Right of Suffrage, 26 
 
 III. Distribution of Powers, 1 
 
 IV. Legislative Department, 35 
 
 V. Executive Department, 26 
 
 VI. Judicial Department, 26 
 
 VII. Impeachments 2 
 
 VIII. Banks and Corporations, 6 
 
 IX. Education, 9 
 
 X. Militia 3 
 
 XI. Miscellaneous Provisions, 16 
 
 XII. Mode of Amending and Revising the Con- 
 stitution, 3 
 
 XIII. Provisions for putting Constitution into 
 
 force, 9 
 
 Ordinances adopted by the Convention. 
 
 NEBRASKA. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Declaration of Rights, 20 
 
 II. Legislative Department, 33 
 
 Executive Department, 20 
 
 Judiciary Department, 10 
 
 Finance, 6 
 
 Eminent Domain, 3 
 
 Education, 2 
 
 Corporations, 4 
 
 Amendments, 1 
 
 Boundaries, 1 
 
 Schedule 7 
 
 Appendix, 12 
 
230 
 
 NEVADA. 
 Akticlbb. Sections. 
 
 Preamble 1 
 
 I. Declaration of Riglits 20 
 
 II. Right of Suffrage, 8 
 
 III. Distribution of Powers, 1 
 
 IV. Legislative Department, 35 
 
 V. Executive Department, 23 
 
 VI. Judicial Department, 18 
 
 VII. Impeachment and Removal from Office, . . 4 
 
 VIII. Municipal and other corporations, 10 
 
 IX. Finance and State Debt 4 
 
 X. Taxation 1 
 
 XI. Education, 9 
 
 XII. Militia, 3 
 
 XIII. Public Institutions, , 3 
 
 XIV. Boundary, 1 
 
 XV. Miscellaneous provisions, 14 
 
 XVI. Amendments, 2 
 
 XVII. Schedule, 26 
 
 Election Ordinance, 14 
 
 NEW HAMPSHIRE. 
 
 Akticles. 
 
 Part 1. Bill of Rights, 38 
 
 2. Form of Government (§1) 
 
 General Court, (§ 2-8) 
 
 House of Representatives, (§ 9-24) 
 
 Senate (§ 25-40) 
 
 Executive Power — Gov- 
 ernor (S 41-59) 
 
 Council (§ 60-66) 
 
 Secretary, Treasurer, 
 
 Commissary - General, 
 
 &c., (§67-70) 
 
 County Treasurer, etc.,. . .(§ 71-72) 
 
 Judicial Power, (§ 73-81) 
 
 , Clerks of Courts, (§82) 
 
 Encouragement of Litera- 
 ture, (§83) 
 
 Oaths and subscriptions : 
 exclusion from offices ; 
 commissions ; wi'its ; 
 confirmation of laws ; 
 habeas corpus ; the en- 
 acting style ; continu- 
 ance of olficers ; provis- 
 ions for a future revision 
 of the Constitution, 
 
 etc (§84^101) 
 
 Amendments. 
 
 NEW JERSEY. 
 Abticles. Sectioits. 
 
 Preamble 1 
 
 I. Rights and Privileges, 19 
 
 II. Right of Suffrage, 1 
 
 III. Distribution of the Powers of Government, 1 
 
 Sub-Sections. 
 
 IV. Legislative Department : 
 
 Power, how vested ; Qualifications ; Elec- 
 tions, (8 1) 8 
 
 Senate ; Classification of Senators, (§2) 2 
 
 General Assembly, (§3) 1 
 
 Powers and Privileges of Legislature,.(§ 4) 8 
 Ineligibility of members to other offi- 
 ces (§5) 3 
 
 Revenue ; Public credit (§6) 4 
 
 Restrictions upon legislation, (8 7) 10 
 
 Oaths, (§8) 1 
 
 Sections. 
 
 V. Executive Department, 14 
 
 Sub-Sections. 
 VI. Judiciary Department ; 
 
 Judicial Power, how vested, (§ 1) 1 
 
 Court of Appeals, (8 2) 6 
 
 Impeachments, (S3) 4 
 
 Chancellor ; Court of Chancery, (§4) 4 
 
 Supreme Court, (8 5) 3 
 
 Inferior Courts of Common Pleas, ....(§ 6) 2 
 
 Justices of the Peace (§7) 2 
 
 VII. Appointing power and tenure of office, 
 
 Military officers, (8 1) 10 
 
 Qvil officers (§2) 11 
 
 VIII. General provisions, 4 
 
 IX. Amendments, 1 
 
 X. Schedule, 12 
 
 Articles. 
 
 NEW YORK — 1777. 
 
 Sub-Sections. 
 
 Preamble, embracing the Declaration of 
 independence. 
 I. No authority allowed but such as is derived 
 
 from the people. 
 II. Legislative power vested in two distinct 
 bodies. 
 
 III. Council of Revision ; Veto power. 
 
 IV. Assembly and Assembly Districts. 
 
 V. Census of Electors, at intervals of seven 
 
 years. 
 VI. Mode of election by ballot, with power of 
 repeal. 
 VII. Qualifications of electors for Assembly. 
 VIII. Oaths of electors. 
 IX. Rights and privileges of the Assembly. 
 X. Senate and qualifications of Senatorial 
 
 electors. 
 XI. Term and classification of Senators. 
 XII. Senatorial Districts ; increase in number of 
 Senators. 
 
 XIII. Disfranchisement only allowed by law, on 
 
 the judgment of peers. 
 
 XIV. Adjournments of the Legislature. 
 
 XV. Conferences of the two Houses ; open 
 sessions ; journals and their publica- 
 tions. 
 XVI. Limit to number of members in Senate 
 and Assembly. 
 XVII. Executive power, how vested ; election 
 of Governor. 
 XVIII. Term and Powers of Governor. 
 XIX. Duties of Governor. 
 
 XX. Election and Duties of Lieutenant- 
 Governor. 
 XXI. President of the Senate to act as Lieu- 
 tenant-Governor. 
 XXII. Treasurer, his appointment by special act. 
 
 XXIII. Council of Appointment. 
 
 XXIV. Tenure of offices. 
 
 XXV. Judicial officers forbidden to hold other 
 
 offices. 
 XXVI Sheriffs; Coroners. 
 XXVII. Registers and Clerks in Chancery and in 
 
 other Courts ; Attorneys, &c. 
 XXVIII. Tenure of office, when not fixed ; Commis- 
 sions to Judges and Justices. 
 XXIX. Town and county officers. 
 XXX. Delegates in Congress. 
 XXXI. Style of laws and of writs, or other pro- 
 ceedings. 
 XXXII. Trial of Impeachments and Correction of 
 Errors. 
 
 XXXIII. Power of Impeachment vested in the 
 
 Assembly. 
 
 XXXIV. Counsel allowed to persons on trial on 
 
 impeachment or indictment. 
 XXXV. Continuance of laws. 
 XXXVI. Confirmation of Colonial grants. 
 XXXVII. Restriction' upon sale of land by Indians. 
 XXXVIII. Religious freedom. 
 XXXIX. Exclusion of Ministers and Priests from 
 office. 
 XL. Militia ; Magazines of warlike stores. 
 XLI. Trial by jury ; attainder ; prohibition 
 
 against new courts. 
 XLII. Naturalization of aliens. 
 
 Amendments of 1801, in five articles. 
 
 NEW YORK— 1821. 
 Abticles. Sections. 
 
 Preamble, 1 
 
 I. Legislative Department 16 
 
 II. Elections ; right of suffrage, 4 
 
 III. Executive Department 7 
 
 IV. Militia; State officers; judicial officers; 
 
 Sheriffs ; Clerks of courts ; tenure of 
 
 offices 16 
 
 V. Judicial Department, 7 
 
 VI. Oaths of office 1 
 
 VII. Bill of Rights ; school fund ; canal fund ; 
 prohibition against lotteries or the sale 
 of Indian lands ; continuance of laws 
 
 and of grants 15 
 
 VIII. Amendments to the Constitution 1 
 
 IX. Schedule, 2 
 
231 
 
 AMENDMENTS. 
 
 1. Election of Justices of the Peace. 
 
 2. Extension of the franchise. 
 
 3. Allowing a reduction of duties on salt. 
 
 4. Election of Mayors in cities. 
 
 5. Restoration of salt and auction duties to general 
 
 fund. 
 
 6. Election of Mayors in cities. 
 
 7. Removal of property qualifications for office. 
 
 8. Removal of judicial officers. 
 
 NEW YORK— 1846. 
 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Bill of Rights ; Continuance of laws and 
 
 of grants 18 
 
 II. Elections, 5 
 
 III. Legislative Department, 17 
 
 IV. Executive Department, 9 
 
 V. Administrative Department, 8 
 
 VI. Judicial Department, 25 
 
 VII. Canal Revenues ; Finance ; Public debts, . . 14 
 
 Vin. Corporations, 9 
 
 IX. Common School and Literature Funds, ... 1 
 X. County Offices, tenure of office ; Political 
 
 year ; Removals from office, 8 
 
 XI. Militia 6 
 
 XII. Oaths of office 1 
 
 XIII. Amendments and Revision of the Constitu- 
 
 tion, 3 
 
 XIV. Schedule 13 
 
 AMENDMENT. 
 
 Canal Finances. 
 
 NORTH CAROLINA. 
 Articles. Sections. 
 
 Declaration of Rights, 25 
 
 Constitution agreed upon in 1776, 46 
 
 Amendments, 1835. 
 I. Legislative Departments (16 sub-sections),. 4 
 II. Executive Department 5 
 
 III. Judicial Department (6 sub-sections), 4 
 
 IV. Miscellaneous Provisions (6 sub-sections), . . 4 
 Amendment of 1854. Preamble and one 
 
 section. 
 Ordinance prohibiting slavery, 1 
 
 OHIO. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Bill of Rights, 20 
 
 II. Legislative Department, 32 
 
 III. Executive Department, 20 
 
 IV. Judicial Department, 20 
 
 V. Elective franchise, 6 
 
 VI. Education, 2 
 
 VII. Public Institutions 3 
 
 VIII. Public debt and public works, 13 
 
 IX. Militia, 5 
 
 X. County and Township Organizations, 7 
 
 XI. Apportionment, (§ 1-11.) 
 
 Judicial Apportionment, (§ 12-13.) 
 
 XII. Finance and Taxation, 6 
 
 XIII. Corporation, 7 
 
 XIV. Jurisprudence, 3 
 
 XV. Miscellaneous, 8 
 
 XVI. Amendments, 3 
 
 Schedule 19 
 
 OREGON. 
 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Bill of Rights, 34 
 
 II. Suffrage and Elections, 17 
 
 III. Distribution of Povrers, 1 
 
 IV. Legislative Department, 31 
 
 V. Executive Department 18 
 
 VI. Administrative Department, 9 
 
 VII. Judicial Department, 31 
 
 VIII. Education and School Lands, 5 
 
 IX. Finance, ° 
 
 X. Militia • ■■■t ;■■ in 
 
 XI. Corporations and Internal Improvements,. 10 
 
 XIl] State Printer, 1 
 
 XIII. Salaries, ^ 
 
 XIV. Seat of Government, o 
 
 Articles. Sections. 
 
 XV. Miscellaneous Provisions 8 
 
 XVI. Boundaries, 1 
 
 XVII. Amendments, 3 
 
 XVm. Schedule, H 
 
 PENNSYLVANIA. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Of the Legislative Department, 85 
 
 II. Of the Executive Department, 15 
 
 III. Of Elections, 4 
 
 IV. Of Impeachment, 3 
 
 V. Of the Judicial Department, 11 
 
 VI. Sheriffs and Coroners 10 
 
 VII. Education 4 
 
 VIII. Oaths of Office 1 
 
 IX. Declaration of Rights, 36 
 
 X. Of Amendments 13 
 
 Schedule, 1 
 
 AMENDMENTS. 
 
 XI. Of Public Debts, 7 
 
 XII. Of New Counties. 
 
 Of Repeal of Charters. 
 
 Of Elections in the military service. 
 
 RHODE ISLAND. 
 Articles. Sections. 
 
 I. Declaration of Rights 23 
 
 II. Qualification of electors, 6 
 
 III. Distribution of Powers 1 
 
 IV. Legislative Powers 18 
 
 V. House of Representatives, 2 
 
 VI. Senate, 4 
 
 VII. Executive Power, 13 
 
 VIII. Elections, 10 
 
 IX. Qualifications for office, 6 
 
 X. Judicial Power 7 
 
 XI. Impeachments, 3 
 
 XII. Education, 4 
 
 XIII. On amendments, 1 
 
 XIV. On the adoption of this Constitution, 4 
 
 Articles of amendment, 4 
 
 SOUTH CAROLINA. 
 Articles. Sections, 
 
 Preamble, 1 
 
 I. Legislative Department, 30 
 
 II. Executive Department, 31 
 
 III. Judicial Department, 3 
 
 IV. Elections and right of suffrage, 1 
 
 V. Oaths of office, 1 
 
 VI. Impeachments, 5 
 
 VII. Treasurer and Secretary of State, 3 
 
 VIII. Continuance of laws, 1 
 
 IX. Bill of Rights, 11 
 
 X. Taxation, 1 
 
 XI. Offices at seat of government, 2 
 
 XII. Alterations and amendments, 2 
 
 Ordinances, 6 
 
 TENNESSEE. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Declaration of Rights, 32 
 
 II. Legislative Department, 31 
 
 III. Executive Department, 17 
 
 IV. Elections, 4 
 
 V. Impeachments, 5 
 
 VI. Judicial Department, 15 
 
 VII. County officers, 5 
 
 VIII. Militia, 3 
 
 IX. Ineligibility and disqualification for office, 3 
 
 X. Miscellaneous Provisions, 5 
 
 XI. Continuance of laws ; restrictions upon 
 
 legislation, 12 
 
 Schedule, 3 
 
 Ordinance, 5 
 
 Amendments, 5 
 
 TEXAS. 
 Articles. Sections. 
 
 Preamble, 1 
 
 I. Bill of Rights 21 
 
 II. Distribution of the powers of government, 1 
 
 III. Legislative Department, 33 
 
 IV. Judicial Department, 20 
 
 V. Executive Department, 23 
 
232 
 
 AuticijBb. Sections. 
 
 VI. Militia • 4 
 
 VII. General Provisions ; Amendments to the 
 
 Constitution, 39 
 
 VIII. Freedmen 2 
 
 IX. Impeachments, 6 
 
 X. Education 11 
 
 XI. Fictitious claims void 1 
 
 XII. Land office, 1 
 
 VERMONT. 
 
 Abticlbs. 
 
 Part I. Declaration of Rights 21 
 
 II. Frame of Government (including 
 Legislative, Executive and Ju- 
 dicial Departments, Miscellane- 
 ous Provisions, &c.), 43 
 
 Amendments, 23 
 
 VIRGINLi. 
 A&TicLES. Sections. 
 
 Bill of Rights. 
 Preamble of Constitution. 
 
 I. Sanction of the Bill of Eights, 1 
 
 II. Division of power 1 
 
 III. Qualification of voters, 4 
 
 IV. Legislative Department, (§ 1-6) 
 
 Qualification of Senators and Delegates, (§ 7) 
 Powers and Duties of the General Assem- 
 
 bly (§8-18) 
 
 Slavery or Freedom, (| 19-29) 
 
 General Provisions, (^ 30-85) 
 
 V. Executive Department ; Governor,. .(§ 1-7) 
 
 Lieutenant-Governor (§ 8-10) 
 
 Secretary of the Commonwealth, Treasurer 
 
 and Auditor, (§ 11-13) 
 
 Board of Public Works, (§ 14-18) 
 
 Militia, (§19) 
 
 VI. Judiciary Department, (§ 1) 
 
 Judicial Divisions, (8 2-5) 
 
 Circuit Courts (§ 6-7) 
 
 District Courts, (§ 8-9) 
 
 Articles. Sections. 
 
 Court of Appeals, (8 10-13) 
 
 General Provisions, (8 14-23) 
 
 County Courts (8 24-38) 
 
 County Officers, (8 29-31) 
 
 Corporation Courts and officers, . .(§ 32-33) 
 
 Schedule, 5 
 
 Ordinances. 
 
 WEST VIRGINIA. 
 
 I. The State (Boundaries, Distribution of 
 
 Powers, &c.) 7 
 
 n. Bill of Eights, 10 
 
 III. Elections and officers, 13 
 
 IV. Legislative Department 39 
 
 V. Executive Department, 8 
 
 VL Judicial 17 
 
 VII. Counties and Townships, 14 
 
 VIII. Taxation and Finance 8 
 
 IX. Forfeited and unappropriated lands, 6 
 
 X. Education, 4 
 
 XI. Miscellaneous Provisions, 9 
 
 XII. Amendments, 2 
 
 WISCONSIN. 
 ABTICI.EB. Sections. 
 
 Preamble 1 
 
 I. Declaration of Eights, 23 
 
 II. Boundaries, 3 
 
 III. Suffrage, 6 
 
 IV. Legislative Department, 30 
 
 V. Executive Department 10 
 
 VI. Administrative Department, 4 
 
 VII. Judiciary, 33 
 
 VIII. Finance, 3 
 
 IX. Eminent domain and property of the State, 3 
 
 X. Education 8 
 
 XI. Corporations 5 
 
 XII. Amendments, 3 
 
 XIII. Miscellaneous Provisions, 10 
 
 XIV. Schedule 15 
 
 Besolutions. 
 
233 
 
 INDEX. 
 
 Page. 
 Aljsence does not deprive of suffrage in certain cases, . .86, 37 
 
 Academies, fund In aid of, 178 
 
 Accountability of public officers, 4 
 
 Accounts, private, legislature may not audit, 78 
 
 Adjournments of legislature, 72, 73 
 
 Adjutant-General, appointment of, 203, 204 
 
 Adoption of children, 22 
 
 of constitution, mode of, 209, 210, 211, 212, 213 
 
 Advice of Senate on nominations, 84 
 
 Affinity, judges may not try causes where connected by,.. 150 
 
 Africans, education of, 182 
 
 Age ot electors, 30, 31 
 
 of Governor, 81 
 
 of Judges 127,128,129 
 
 of members of Legislature, 60 
 
 Agricultural lands, leases of, 23 
 
 products, corporations as carriers of, 18 
 
 Ayes and noes on passage of laws, 75, 76, 77 
 
 Alabama Constitution, arrangement of subjects 227 
 
 Alienation of homesteads, 28 
 
 Aliens may become citizens, 4 
 
 residence of, 31 
 
 rights of, 25 
 
 Alimony, causes relating to 23 
 
 Allegiance of electors, 83 
 
 to the American Union, 3 
 
 oaths of, 205,206,207, 208 
 
 Allodial tenure of lands, 23, 24 
 
 Amendment of bills, 75 
 
 to Constitution 209, 212, 213 
 
 American Union, paramount allegiance to, 3 
 
 Amnesty of President restores right of suffrage, 36 
 
 Annexation of foreign territory, 24 
 
 Appeals, Clerk of Court of, 147 
 
 Court of, 110,111 112 
 
 from inferior courts, 150,152 
 
 to courts, right of, 23 
 
 Appointing power of Governor, 84 
 
 of Legislature, 68 
 
 Appointment, Council of, 92 
 
 Appointment of judges 131, 133, 134 
 
 of justices of peace, 145, 146 
 
 of militia officers, 201, 202 
 
 of state officers, 97, 98, 99, 100 
 
 Appointments to office 193 
 
 not to be given to legislators, 64, 65, 66 
 
 Apportionment of members, 47, 48, 49, 53, 54, 55, 56, 57, 59 
 
 Appraisal of property taken for public use, 17, 18 
 
 Appropriations, laws for 20, 21, 77 
 
 from funds 157 
 
 Limited to two years, 157 
 
 Arbitration, settlement by, 157 
 
 Ardent Spirits, sale not to be authorized, 29 
 
 Area of counties, minimum, 175, 176, 177 
 
 Arkansas Constitution, arrangement of subjects, 227 
 
 Arms, exemption Irom bearing 198, 203, 204 
 
 Army, crimes in, not to be tried by jury, 5 
 
 State, Governor to command, 82, 83 
 
 vote of soldiers in, 31,32, 34, 37 
 
 Arrangement of subjects in constitution, 227 
 
 Arrest of legislators forbidden, 74, 75 
 
 privilege from at elections, 86 
 
 Assembling, right of, 22 
 
 Assembly, how composed, 46, 47 
 
 and Senate, legislative power vested in, 45 
 
 apportionment of, 53 
 
 districts to be arranged by supervisors, 54 
 
 has sole power of impeachment, 107, 108, 109, 110 
 
 Assessments, prevention of abuses in 175 
 
 to be uniform, 160. 161 
 
 Assessors, election of, 160, 161 
 
 removal of, 129 
 
 Assistant judges, 138 
 
 Associate judges, term of, 124,125, 126 
 
 Associate justices of Supreme Court, 114, 115, 116 
 
 Attainder shall not work coiTuption of blood, 2 
 
 Attachment, privilege from, by legislators, 74 
 
 Attorney-General, duty of in suits against state, 19 
 
 pay of, . . . .-. 85 
 
 removal of, 85 
 
 election or appointment of,. ..97, 98, 99, 100, 101, 102, 103, 104 
 
 qualifications of, 104 
 
 a Commissioner of Land Office, 106 
 
 a Commissioner of Canal Fund, 106 
 
 Attorneys, for State 103, 104 
 
 provisions relating to, 128 
 
 Auditor-General, election of, 99 
 
 removal of, 85 
 
 59 
 
 Page. 
 
 Auditor, residence of, gg 
 
 Auditor, state, ini'iiiV im 
 
 Ballot, elections by .'.V. " ' ^JJ' ^43 
 
 Banking corporations, i69' 170 
 
 Bankruptcy, fraudulent, excludes from suffrage,".'. "" ' 38 
 
 Banks, general provisions relating to 170 171 172 
 
 liability of stockholders 173 174 
 
 special charters forbidden '.'.[", 171' 172 
 
 tax fund applied for schools,.... '179 
 
 Battle-field, reserved to State, 24 
 
 Benevolent Institutions, 174 
 
 Bill-holders, security of, .V ' '.'.,'.*" 173 174 
 
 Bills, limit upon introduction of, '75 
 
 origin of, ■.■.■.....■.'.■.■.■.■.■.■.■.75, 95 
 
 passageof, 75 ijg -.7 
 
 signature of, ' ly^ 
 
 may be vetoed i)y Governor, '."'.'.'.['.'.'".'". 92-96 
 
 of credit, redemption of, ..'. '. m 
 
 Binding [ '.[['/. 80 
 
 Births, marriages and deaths, registration of,'. .. '..'" '38 141 
 
 registration of, 33 
 
 Blind, institutions for the V.W.V.'.'.V.'.'.'.'..'.'.'."," 174 
 
 Board of Commissioners for sale of school lands,!! !!!!!! 187 
 
 Board of Education, 179 {qi 183 134 
 
 removal of members, !!.'!!'!, . . .' ',....' 85 
 
 Board of Internal Improvements, ■.■.■.".■. 157' 158 
 
 Board of Public Works, !!!!!!! !!!!l58' 159 
 
 maybe formed .'.*.'.'.'.'.'.'.'.'. ". ' 98 
 
 Board of Regents, !'.'.".'.'.'.'.'.'.'.'.'.'.'.'. 186' 187 
 
 Board of State Prison Commissioners, .'.'.'.' .*.'.' .'.'.'.. ' 174 
 
 Boards of Examiners of Claims, !!! !!!.!!!!!!!! 174 
 
 Boards of Supervisors, !.!!!!!!! 192 
 
 Books famished to Legislature, !!!!!!!'!!!! 80 
 
 Boundaries of counties, !.!!i75 !l"76' 177 
 
 Bribery excludes from voting, ..........'..36' 86 
 
 Bridges over navigable streams, .■...".'...' 24 
 
 Brigadier-Generals, election of, .....!!!. 2b!l, 202 
 
 Bureau of Statistics may be formed, .'.'.'.'....' 100 
 
 Business of Legislature, '.'.'.. ...!',',',! 67' 68 
 
 California Constitution, arrangement of subjects,..'.' " ' 227 
 
 Cambridge University, isg 
 
 Canal Board, ! . . ! ! jQg 
 
 Canal Commissioners, election of, !!.!!!! 105 
 
 Canal Fund, !!!!!!!! 159 
 
 Commissioners of, !!!!!!!!!!!!!!! 106 
 
 Canals 'may never be sold, !!!*!!!!!!! 157 
 
 provisions relating to, 154,155, 156 
 
 Canvass of election returns, 39 40 44 
 
 Capibilpunishmentnot allowed without jury trial,!!..'. ' 17 
 
 Capital of school fund, 178, 179 180 
 
 Capitation taxes, 2^ igs' 169 
 
 Captains, election of, !!20l' 202^ 203 
 
 Causes, appeals from inferior courts, '....' 1 50 
 
 certain, judges may not try, !!* 150 
 
 continuance of certain, !!. 225 
 
 Census, 53,54,56,67, 59 
 
 Certiorari 122 162 
 
 Cession or lands to United States, 24 
 
 Chancellor, !!!!!! 112 
 
 in trials of impeachment 107 
 
 appointment and tenure of office, !!!' 113 
 
 term of, 124, 'ibs, 126 
 
 limited continuance of, 234 225 
 
 Chancery, Court of, m, 112, 113' 114 
 
 continuance of suits in, 323, 224 
 
 records, keeperof, ' 24 
 
 transfer of business in, lUS 
 
 Character of voters must be good, 32 
 
 Charges of impeachment must be served upon the accused, 109 
 
 to juries, 122 
 
 Charitable institutions, 174 
 
 exempt from taxes, 160, 161, 162 
 
 Charters, bank 170,171, 172 
 
 colonial confirmed, 27 
 
 Chief Justice 114,115, 116 
 
 Children, adoption of, 32 
 
 Chinamen excluded from voting, 35 
 
 Churches, property of, exempt from taxation, 160 
 
 Circuit Clerk, 103 
 
 Circuit Courts Ill, 112, 116, 117, 118, 119, 120 
 
 Circuits, judicial, to be formed, 141, 142, 143 
 
 Cities, debt "f, not to be assumed by state 159, igo 
 
 Incorporation of, igg 
 
 may be organized into counties, 175 
 
 organization of, 166, 167^ 168 
 
 taxation by 166,167, 168 
 
 Citizens may not hold foreign office or title, 2 3 
 
 Citizenship 30,31,^32l 33 
 
234 
 
 Page. 
 
 Citizenship, of Governor, 81 
 
 of memliers of Legislature, 60 
 
 Civil officers, officee of, 195 
 
 rights may not be impaired, 30 
 
 euits, tax on, 147 
 
 Claims, Board of Examiners, 174 
 
 against companies 156 
 
 Classification of judges, 124, 125,126, 129 
 
 of senators, 46, 47 
 
 Clerks, county, 188, 189, 190 
 
 election and duties of, 147, 149, 150 
 
 of county courts, 149, 150 
 
 removal of, 129, 130, 144 
 
 of Court of Appeals, 147 
 
 first election of, 220 
 
 Coast defenses, cession of lands for, 24 
 
 Code, commissions of, 26, 152 
 
 Colonial laws, valid 25 
 
 Colored Persons, restrictions upon franchise, 33 
 
 Commander-in-Chief, 82, S3 
 
 Commiss'iry-General, appointment of, 97, 203 
 
 Commissioners of Canal Fund, 106 
 
 to classify Canal Commissioners 105 
 
 Commissioners of code, 26, 152 
 
 Commissioners, county, 192 
 
 Commissioners of funds 105 
 
 Commissioner of Land Office, 24,103, 106 
 
 election of, 98 
 
 removal of, 85 
 
 Commissioners to appraise property taken, 17, 18 
 
 Commissions, ad litem, 131 
 
 Governor to sign, 96 
 
 how to run and how attested, 96 
 
 ofjudges 126, 131 
 
 Justices of the Peace, 145 
 
 tenure of, 193, 194 
 
 military, Governor to issue, 204 
 
 tenure of, 202,203 
 
 Committees of the whole to sit with open doors, 72 
 
 Common carriers, corporations as, is 
 
 Common law, continued, ■ " 26 
 
 Commons, 175 
 
 Common schools, provisions relating to, 178 185 
 
 Commonwealth's attorney, 103, 104 
 
 Compensation, extra, foroidden, 21 
 
 of members of Legislature, 60, 61 
 
 of property takers, 17 
 
 Comptroller, State, 101, 103, 103 
 
 election of, 97,98,99,100 
 
 pay of, 85 
 
 a Commissioner of Canal Fund, 106 
 
 a Commissioner of Land Office, 106 
 
 Conciliation, tribunals of, 151 
 
 Concurrent elections by Legislature to be viva voce, 43 
 
 Concurrent jurisdiction, 24 
 
 Concurrent resolutions may be vetoed, 92 
 
 Congress, election of Senators to, 80 
 
 members to hold no other office, 64, 65, 66 
 
 power of, 29 
 
 Congressional Districts 54, 65, 59 
 
 Connecticut Constitution, arrangement of subjects, 227 
 
 Consanguinity, judges not to try causes when connected by, 160 
 
 Consent of owners for taking of property, 17, 18 
 
 Constables, removal of, 139 
 
 Constitution, no laws not warranted by, may be passed, ... 28 
 
 Of United States paramount,. 29 
 
 State, not to be altered except as therein provided, 29 
 
 amendment of, 209-216 
 
 continuance of officers under, 219 
 
 Sublication of, 234,225 
 ate of going into effect, 226 
 
 supremacy of. 226 
 
 laws for carrying into effect, 226 
 
 Contagious diseases, adjournments on account of, 1^, 73 
 
 Contempt of court, 17 
 
 Contested elections, 40,41,43,44,45, 102 
 
 for Governor, , 82 
 
 of State officers 99 
 
 Continuance of laws and grants, 35 
 
 Continuance of legal proceedings under Constitution,. .221-223 
 
 of offices under Constitution, 219, 220, 221, 225 
 
 Contracts, extra compensation forbidden, 31, 159 
 
 may not be impaired, 26, 27 
 
 members of the Legislature not to be interested in, 80 
 
 for public printing 79 
 
 State, members of Legislature to have no interest in, . . 64, 65 
 
 Controller, State, 102 
 
 Convention, acts of, valid 25 
 
 Convicts should be seen at labor, 29 
 
 Coroners, election of, 104, 188, 189, 190 191 
 
 removal of, 127 
 
 residence of, 195 
 
 Corporation, definition of term, 170 
 
 courts, 111,113,147 
 
 Corporations as common carriers, is 
 
 laws creating, must be passed by two-thirds vote, 20, 21 
 
 claims of, to be enforced, 166 
 
 loan of State credit to, forbidden, 157 
 
 loan of State credit to, 159,160, 161 
 
 taxation by, 162 
 
 formefl under general lawB, 169, 170 
 
 dues from, 170 
 
 property taken by, 170 
 
 rights and liabilities of, 170 
 
 liability of stockholders, 173, 174 
 
 Correction of Errors, Court for, 107 
 
 Costs of legal proceedings, 122 
 
 Council, 92,93, 94 
 
 members may be in^eached 109 
 
 of appointment, : 93 
 
 of pardons, , 86 
 
 of revision, 92 
 
 advice of, in adjournments of Legislature, 72 
 
 Counsel, right of, , 5, 6, 17 
 
 allowed In trials of impeachment, 107, 108, 109, 110 
 
 BHltors may select their own, 128 
 
 Pago. 
 
 Counsel, members of Legislature not to serve as, 79 
 
 State officers forbidden to act against State, 19 
 
 Counties, debts of, not to be assumed by Statu, 159, KiO 
 
 erection of new, 175, 176, 177 
 
 organization of, 166, 167, 168 
 
 representation of, 54, 56 
 
 taxation by 166,167, 168 
 
 County attorneys, 128 
 
 clerk, 104 
 
 election of, 147, 149, 150 
 
 to serve as clerks of Supreme Court, 147 
 
 commissioners, 192 
 
 courts 112, 118, 119, 130, 144, 145 
 
 judges, election of, 137 
 
 officers 188,189,190,191, 192 
 
 seats, change of, 175, 176, 177 
 
 officers to reside at, 195 
 
 Court of Appeals 110, 111,112, 113 
 
 judges of. in trials of impeachment, 107 
 
 classification ofjudges, 139 
 
 clerk of, 147 
 
 removal of decisions of inferior courts to, 150 
 
 organization of, 152 
 
 first elections, 220 
 
 Court of Chancery 113,114 
 
 Court of Claims, 144 
 
 Court for Correction of Errors, 107 
 
 transfer of cases to Court of Appeals, 153 
 
 Court of Errors and Appeals, Ill, 112 
 
 Court for trial of impeachment, 107 
 
 Courts, clerks of, 147, 148, 149 
 
 Courts of conciliation 151 
 
 Courts, jurisdiction of, 131, 123 
 
 Legislature may establish 112, 141 
 
 may alter jurisdiction of, 117, 118 
 
 local, . 
 
 147 
 
 new, may not be instituted 4 
 
 privileges of, not to be abridged, 76 
 
 to be open, 5, 17 
 
 Courts-martial 199, 300 
 
 Credit, local restrictions upon, 175 
 
 of counties, towns, &c., 166, 167, 168 
 
 of State, not to be loaned or given, 157,169,160, 161 
 
 Criminal conviction excludes irom voting, 35, 36 
 
 Culler's office abolished, 106 
 
 Damages for roads to be paid, 17, 18 
 
 Dams in navigable streams, 24 
 
 Deaf and dumb institutions for, 174 
 
 Deaths, registration of, 141 
 
 Debate, freedom of. in Legislature, 74 
 
 Debt, canal.........: 154,155, 156 
 
 of corporations, how secured, 173, 174 
 
 laws creating, 77 
 
 local, not to be assumed by State, 159, 160 
 
 mode of contracting, specified, 166 
 
 obligation of, may not be impaired, 36, 12 
 
 restrictions upon local, 176 
 
 State 162, 163, 164, 165, 166 
 
 to suppress insurrection or repel invasion, 163, 164, 165 
 
 Decisions of courts, publication of, 147, 148. 151 
 
 of inferior courts, appeals from, 150 
 
 upon qualifications of legislators, 68, 69 
 
 Decrees of Ihferior courts, removal of, 150 
 
 Deductions from salaries, 21 
 
 Defalcation excludes from suffrage 36 
 
 Defects in Instruments and proceeding, 121 
 
 Defense, right of, before courts 5 
 
 Defenses, coast, cession of land for, 24 
 
 Deficiencies In revenue, 162 
 
 Definition of term ''■Corporation," 170 
 
 Delaware Constitution, arrangement of subjects, 327 
 
 Delays in justice forbidden, 5 
 
 Delegates, House of, (see Legislature.) 
 
 Deodands, prohibited, 3 
 
 Departments of Government, 45 
 
 Depots, right to take lands for, 18 
 
 Disagreement upon adjournments, 73, 73 
 
 Disfranchisement, 1 
 
 Disorderly conduct in legislature, 68, 69 
 
 Disqualifications from voting, 33, 35, 36 
 
 Dissent from legislative proceedings may be recorded,. ...70, 71 
 
 Distempers, adjournments on account of, 72, 78 
 
 Distribution of lawB, 80 
 
 District Attorneys, 138 
 
 election of, 188, 191 
 
 District Courts Ill, 112, 117, 118, 121, 133 
 
 Districts, Assembly, 68, 54, 55 
 
 Judicial, to be formed, 141, 143, 143 
 
 Senatorial 51, 63, 58, 54, 68 
 
 Divorces, laws not to be passed for, , 78 
 
 when and how granted, 22, 28 
 
 Donations for school purposes, 183, 183 
 
 Doors of Legislature open, 70, 71, 73 
 
 Dueling disqualifies from voting, 86 
 
 prohibited 17, 27 
 
 Dues from corporations, 170 
 
 Duration of appointments, 198, 194 
 
 Education, provisions relating to, 178-187 
 
 no classes to be excluded from, 178, 183 
 
 Election districts 39 
 
 of Attorney-General 103, 104 
 
 of Canal Commissioners, 105 
 
 of clerk of Court of Appeals, 147 
 
 of County Clerks, 147, 149, 150 
 
 of County Judges, 137 
 
 of county officers, 188, 189, 190, 191, 192 
 
 of Governor, 48, 44 
 
 ofjudges, 181, 182, 133, 184, 147 
 
 of Justices of Peace, 148, 144, 146, 146 
 
 of legislators 49, 50, 69, 70, 71 
 
 ^of military officers 199,201, 202 
 
 of prosecuting attorneys, 128 
 
 of State Engineer and Surveyor, 106 
 
 of State officers 97, 98, 99, 100 
 
 of State Prison Inspectors, 105 
 
 of Treasurer and Comptroller, 101, 103, 108 
 
233 
 
 Page. 
 
 Election, first under Constitution 193,210,217,218, 220 
 
 hrst, of Judges, 220 
 
 to fill vacancies, 197,198,199 
 
 for adoption of Constitution,."..'.... ...209^210,211,218, 213 
 
 Elections, by ballot or viva voce, 43 
 
 contested, 32,40,41,43,44, 45 
 
 day on which held, 66 
 
 manner of holding and reporting, 38, 39, 40, 41, 44, 45 
 
 place of, when dangerous, 39 
 
 provisions concerning, 30-36 
 
 should be ftequant, 30, 33 
 
 time of, to be fixed bylaw, 193 
 
 privileges of, 36, 37 
 
 Eligibility of electors 32, 33 
 
 Elisors, appointment of, 190 
 
 Emancipation of minors 22 
 
 Embargoes, Governor may lay, 85 
 
 Embezzlement disqualifies from office, 42, 43 
 
 excludes from suffrage, 36 
 
 Emigration free 2 
 
 Eminent domain 23, 24 
 
 Enacting clause of laws, 75 
 
 English language, ignorance of, not to exclude from office, 29 
 
 laws to be publisned in 26, 151 
 
 English laws, certain, continued, 4 
 
 Enlargement of canals, 155 
 
 Entailments, laws may not be passed, 25 
 
 Equalities of mankind, 2, 3, 4 
 
 Equity, testimony in cases of, 129 
 
 Errors, correction of, 152 
 
 court for correction of, 107 
 
 transfer of cases to Court of Appeals, 152 
 
 proceedings, remedy of, 121 
 
 Error, writs of, 153 
 
 Escheats, 23, 24 
 
 Estates of intestates 25 
 
 Executions, exemptions from, 28, 29 
 
 Executive department, 80 
 
 Executive powers vested in Governor 80 
 
 to be distinct from legislative or judicial, 45 
 
 Executive sessions of Senate, ■ 84 
 
 Exemption of certain property from taxation, 29 
 
 Exemptions, homestead, 28, 29 
 
 militia, 198,20.3, 204 
 
 surgeons may grant, 204 
 
 Exile of citizens prohiliited, 2 
 
 Expenses of Legislature, 80 
 
 Exportation of commodities. Governor may restrain, 86 
 
 Ex post facto laws forbidden, 6 
 
 Express charges for Legislature, 80 
 
 Expulsion of members of Legislature 68, 69, 70 
 
 Extra compensation forbidden, 21,159 
 
 Facts, juries may determine, 5 
 
 Fees, clerks may not use, 148 
 
 extra, forbidden, 21, 22 
 
 Judges may not receive, 123,160 
 
 members of Legislature may not receive, 79 
 
 public officers forbidden to receive, 19 
 
 State officers not to receive, 97, 99, 100 
 
 Felony excludes from suffrage, 36, 36 
 
 privilege not extended in case of, 74, 76 
 
 Females to have equal rights in education, 180 
 
 Feudal tenures JS' J^ 
 
 Field officers, election of, VnV ' ?Si' T™ 
 
 Financial officers of the State, ......101, 102, 108 
 
 Fines and other restraints upon alienation void 2i 
 
 for disorderly conduct in legislature, 69 
 
 remission of, ;;,• • : ' ,11 
 
 moneys from, applied to town libraries, 188 
 
 military ■■■■ ■■; ■ ^l 
 
 Fires, property taken or destroyed in case of, IS 
 
 Fiscal year, 1|° 
 
 Florida Constitution, arrangement of suhjects, 238 
 
 Foreigners may acquire privileges of citizens, 4 
 
 3 
 24 
 
 of V.'.V... 86, 87 
 
 Freehold qualifications of Governor, »i 
 
 of members of the Legislature 00 
 
 of voters 00,^1, az 
 
 Freeholders, juries of, to appraise damages, 17, 18 
 
 Freedmen, trial of, ........ ^ o 
 
 Freedom secured by rotation in office ^ 
 
 religious, ■■■■■■■ iq" J, 
 
 of speech and of the press l". ;^o 
 
 of speech in Legislature, ■■ '* 
 
 Fuel, expense of, ■■;. •"■■,■ -:», ou 
 
 Fuo-itives from justice excluded from privileges 2 
 
 Fufton county to elect with Hamilton, Bb 
 
 Fundamental principles f° 
 
 Fund, canal, .■ igg 
 
 literature, 200 
 
 mi;'ta''y' ;.■■.■.■.:■.■.:: :!'.:i78-i85 
 
 school, . - . ; • ■ ]n5 
 
 Fnnds, commissioners of, J"^ 
 
 inviolability of, .....-■. ■■ - in- 
 payments from, regulated, •>».' 
 
 Gamblingh^es,li;^i^of,......................-....^ 
 
 .(see Legislature.) 
 
 , „ „t ~" (see Legislature.) 
 
 General P^^'h-j^-^H^noi corporations 169, 170 
 
 for formation of villages,^&c 166,16., 
 
 Foreign offices and gifts may be held by citizens 2, 
 
 Forfeiture of lands, , . 
 
 Forfeitures, remission 
 
 168 
 
 G inker's office abolished. 
 
 Genera Assembly ^ Legislature.) 
 
 General Court ■•- ^ = -•.-' 
 
 General laws for 
 
 for formation O- - „ . 
 General Sessions,^rt^;,^^....^..^..-^;------;---- 
 
 titution, arrangement of subjects 228 
 
 Goocf iTehaVlor, no office to extend beyond, ,2 
 
 111 
 
 
 45 
 
 instituted for ...- -- g 
 
 powers of, reside in people,.... » 
 
 G?veTnor, appointing powers of, | 
 
 SS^eS'for; how decided;::::::.::.;:; 82 
 
 Page. 
 
 Governor, elections of, 43, 44, 82 
 
 general powers of, ;,'.", 85 
 
 executive power vested in :.. '.'..'. 80 
 
 impeachment of, 88,90,91,107,108,109,110 
 
 may call forlh militia, 198, 199 
 
 m.^y commission judges, ad litem, 131 
 
 may convene Legislature, ','.'.. 73 74 
 
 may lay embargoes, .'.^^."'...] 85 
 
 may remove sheriffs and certain other officers; : : : : : : : ; : : 188 
 
 may remove from office in certain cases 85 
 
 may require opinions of public officers, : 87 
 
 may require reports from officers, 83 
 
 may suspend Treasurer from office 106 
 
 pardoning power of, 86 
 
 power of, as commander-in-chief, 82, 83 
 
 power to adjourn Legislature, 72, 73 
 
 power of removing Judges, 129, 130 
 
 qualifications of, 81 
 
 salary of, 84, 86 
 
 term of, 82 
 
 title of, 80 
 
 to appoint certain military officers, 202, 203 
 
 to commission Secretary, 97 
 
 to communicate by message, 83 
 
 to examine accounts of Treasurer, S3 
 
 to fill vacancies in certain j udicial offices, 225 
 
 to grant commissions, 96 
 
 to bold no other office 81 
 
 to issue military commissions,, 204 
 
 to issue warrants for payment of money, 20 
 
 to keep the great seal, 96 
 
 to nominate State officer* 98 
 
 to recommend measures to Legislature 73, 74 
 
 to reside at seat of government, 195 
 
 to sign bills 77 
 
 to transact business with other States, 88 
 
 vacancies in office of, 88, 89, 90 
 
 vetopowerof, 92,93,94,96, 96 
 
 Grand inquest of state 6 
 
 Grand Juries may be abolished 17 
 
 Grants, continuance of, 25 
 
 for school purposes, 178, 179, 180, 181, 182 
 
 of land confirmed 27 
 
 Gratuities, forbidden without two-thirds vote, 20 
 
 Great Seal, audits uses 96 
 
 Hamilton county to elect with Fulton, 56 
 
 Happiness, right to pursue, 2 
 
 Head rights 24 
 
 Heirs, escheats in default of, . . . .. „ 23 
 
 Hereditary distinctions disallowed, 2, 3 
 
 privileges forbidden, 2,24, 25 
 
 High bailiffs, election of, 191 
 
 security required from, 103 
 
 High Court of Errors and Appeals, 113 
 
 Highways, provisions relating to, 17, 18 
 
 Homestead exemptions, 28, 29 
 
 Honors may not he hereditary, 25 
 
 House of Commons, (N. C) 49,69, 67 
 
 House of Delegates, (see Legislature.) 
 
 House of Representatives 46, 47, 48, 49, 50, 56, 57, 58 
 
 House to make its own rules, 67, 68, 69 
 
 Houses of Refuge, 174 
 
 Hunting, right of, 29 
 
 Idiots excluded from voting, 36, 37 
 
 Illinois Constitution, arrangement of subjects, 228 
 
 Immigration, provisions relating to, £5 
 
 Impeachment, Assembly has sole power of, 107 
 
 ofGovernor 88,89, 90 
 
 nardoninpr power restricted in cases of, 86, 87 
 
 trials of, f. 5,108,109,110 
 
 Imprisonment for disorderly conduct in Legislature,.. .68, 69 
 
 Incapacity may cause removal from office, 196 
 
 Incomes, taxes on, 162 
 
 Indiana Constitution, arrangement of subjects, 228 
 
 Indians may become voters, 33 
 
 purchase of lands from, ,...^, 26 
 
 Indictments, trials to be upon 4, 5 
 
 Individual liability of stock-holders, 173, 174 
 
 Infants, estates of, 22, 23 
 
 Infirmity may cause removal from office 198 
 
 Information, proceedings by, forbidden, 17 
 
 Inhabitant, term defined, .■ 37 
 
 Inherent rights, 2, 3, 4 
 
 Inheritance of honors forbidden, , 2 
 
 Innocence to he presumed until guilt is proven, 5 
 
 Inquest, grand, Legislature may act as, ^6 
 
 Insane, institutions for the 174 
 
 Insolvency of banks, billholders secured, 173, li4 
 
 Inspectors of prisons, appointment of, 100 
 
 of merchandise abolished,w ■■-• 1|S 
 
 of State prisons ^"^' ,S 
 
 Institutions, State • • - ■ • ■ ■ ■ ' (J 
 
 Insurrection, debts incurred in suppressing 163, 164, 1 ;6 
 
 militia may he called to suppress 198,199 
 
 Interest, laws relating to ■■■■ ' = 
 
 on canal debt 1S4, L^e 
 
 on State debt, 
 
 rate of, fixed 
 
 Internal improvements, 
 
 right of way, 
 
 Intestates, estates of,.... . -,ro -ira ikpi 
 
 Invasion, debts incurred to repel "^'iSS' iSq 
 
 militia may be called to repel 198, ihh 
 
 InviolabiUty of funds ..■■.. ■•.••■■• J"^ 
 
 Iowa Constitution, arrangement of subjects Z^ 
 
 Islands on coast, reservation of, -* 
 
 Jailers, removal of, .-••. ^^' 
 
 Joint resolutions may be vetoed, »^ 
 
 Jo'infstock association, ■liability of VtockiioldersV.;'.'.".'.™, 174 
 
 Journal, legislative 70. 71 
 
 amendments, to be entered on m 
 
 record in, on removal of judges ..130 
 
 right of recording protest, 70, il 
 
 Judges, classification of, 129 
 
 1.56 
 
 SO 
 
 167, 158, 159 
 
 17, 18 
 
 25 
 
236 
 
 Page. 
 
 Judges, county, removal of, 188 
 
 elections of, 133,134,135 
 
 first election of, 820, 221 
 
 forbidden to take fees, 160 
 
 may be commissioned ad litem, 131 
 
 may hold no other office 42,64,65,126, 127 
 
 may not receive leave of absence, 78 
 
 not to try certain causes, 150 
 
 of Court of Appeals in trials of impeachment, 107, 110 
 
 of Court of Appeals, removal of, 129 
 
 of Supreme and Circuit Courts, 114, 116, 116 
 
 qualification of, 127, 128 
 
 removal of, 124,125, 129 
 
 salary of, 123, 124, 126 
 
 term of office of, 124, 185, 129 
 
 to charge juries, 122 
 
 to give opinions 122 
 
 vacancies in office of, 135, 136 
 
 Judgment, in trials of impeachment 107, 108, 109, 110 
 
 removal of, from inferior courts 150 
 
 Judicial decisions, publication of, 151 
 
 districts 114,141,142, 143 
 
 elections under Constitution, 220 
 
 officers, election of, 147 
 
 continuance of till certain term, 225 
 
 power, how vested 110, 111, 112 
 
 to be distinct from legislative or executive 45 
 
 Juries, charges to, 121 
 
 may be less than twelve men, 5, 6 
 
 right of trial by, 4,5, 6 
 
 trial by, may be waived, 6 
 
 to be judges of law as well as fact, 17 
 
 to determine value of property taken, 17 
 
 Jurisdiction of Boards of Supervisors, 192 
 
 concurrent, 24 
 
 of County Courts, 138 
 
 of courts 118, 117,118,119, 120 
 
 of courts. Legislature may alter, 117, 118 
 
 of Court of Appeals, 112 
 
 of Justices of Peace, 145, 146 
 
 of State 23, 24 
 
 Jurors, choice of, 4, 6 
 
 must be sworn, 5, 6 
 
 qualifications of, 4, 6 
 
 Justice must be administered without sale, denial or 
 
 delay, 5, 17 
 
 Justices' courts,. Ill, 112 
 
 Justices of the Peace, 143,144,145, 146 
 
 may hold other offices, 29 
 
 trials before, 6 
 
 Justices of Sessions, 137, 138 
 
 Justices of old Supreme Court, limit of term, 225 
 
 Justices of Supreme Court, 114, 116 
 
 one in each judicial district, 142 
 
 pardoning power of, 86 
 
 removal of, 129 
 
 Kansas Constitution, arrangement of subjects 228 
 
 Keeper of chancery records, 24 
 
 of seal 96 
 
 Kentucky Constitution, arrangement of subjects, 228 
 
 Labor of comicts in prison, 29 
 
 Land office, 24 
 
 commisdioners of, 106 
 
 Land warrants, 24 
 
 Lands declared the property of state 24 
 
 forfeiture of, 24 
 
 for salt manufacture 157 
 
 granted for schools, 178, 179 
 
 grants of, continued, 27 
 
 may not be bought of Indians 25 
 
 taken for public use, 17, 18 
 
 taxes on 160, 161 
 
 tenure of, ■■■ ..23, 24 
 
 Language, ignorance of English, not to exclude from office, 29 
 
 or the laws, 26 
 
 Lawgivers, qualities necessary in, 28 
 
 Law, deprlval of rights without sanction of, 1 
 
 juries may determine, 5 
 
 changing county seatstobe submitted to a vote, 28 
 
 codification of, 26 
 
 colonial, valid 25 
 
 continuance of, 26,221,222, 223 
 
 creating debts 163,164,166,166, 167 
 
 for payment of salaries, 20 
 
 general, for formation of corporations, 169, 170 
 
 imposing or continuing taxes, 160 
 
 language of, 26 
 
 must be warranted by constitution 28 
 
 passage of, .75, 76, 77 
 
 passage of, imposing taxes or creating debts, 168 
 
 prohibition against certain, 78 
 
 publication of, 151 
 
 re-enactment of, 79 
 
 revision of, 26, 27 
 
 should be founded on sound principles 28 
 
 style of, '1'5 
 
 to be public, unless otherwise declared, 78 
 
 to be uniform in operation, 78 
 
 to embrace bnt one subject, 77 
 
 when to take effect, 78, 161 
 
 Leases, limited, 28 
 
 Leave of absence to judges forbidden, 78 
 
 Legal proceedings, continuance of, 221, 222, 223 
 
 Legislation, restraints upon 78 
 
 by Supervisors, 80 
 
 Legislative power, how vested, 45 
 
 to be separate from other departments, 45 
 
 districts, 53, 64 
 
 year,.... , 196,197, 198 
 
 Legislators, qualifications of, 60 
 
 to receive no civil appointments, 64, 65 
 
 Legislature, adjournments of, 70, 71, 72 
 
 as a grand inquest 6 
 
 authorized to limit the franchise, 38 
 
 Jay of election for, 66 
 
 Page. 
 
 Legislature, elections by, to be viva voce, 48 
 
 expenses of, 80 
 
 first election of under Constitution, 217, 218 
 
 forbidden to grant irrepealable privileges, 2 
 
 forbidden to sell private lands, 18 
 
 freedom ftom arrest, 74, 75 
 
 freedom of speech in 74, 75 
 
 Governor may adjourn 72 
 
 Governor may convene, 73, 74 
 
 Governor to communicate by message, 73 
 
 has sole power of suspending laws, 78, 79 
 
 may alter jurisdiction of courts 117, 118 
 
 may cause deductions from salaries, 22 
 
 may confer powers upon Boards of Supervisors,. 19 
 
 may direct election or appointment of certain ameers, 189-192 
 
 may erect new courts, 141 
 
 may establish courts 112 
 
 may establish courts of conciliation, 151 
 
 may expel members, 68, 69 
 
 may form judicial districts, 142, 143 
 
 maygrantno divorce, 22, 23 
 
 may modify mode of electing militia officers, 204 
 
 may not change names, 22 
 
 may not grant leave of absence to judges, 78 
 
 may not pass certain laws, 78 
 
 may organize counties, cities, towns, &c., 166, 167, 168 
 
 meeting of, 60 
 
 members forbidden to act as counsel, 79 
 
 members to take an oath, 206,206,207, 208 
 
 not to grant extra compensation, 21 
 
 organization of, 67, 68 
 
 pardoning power of, 86, 87 
 
 passage of bills by 75, 76, 77 
 
 pay of members, 60, 61 
 
 powersof, 67,68, 69 
 
 power of removal by, 198 
 
 power of removing judges, 129 
 
 prohibited from licensing lotteries, 23 
 
 punishment may be ordered by, 68, 69 
 
 quorum in, 67 
 
 required to assemble, 28 
 
 restricted in creating debt, 163, 164, 165 
 
 restrictions in legal proceedings, 121, 122 
 
 right of protest in journal 70, 71, 72 
 
 terms of office, 50 
 
 time ef meeting, 62, 63, 64 
 
 to direct time and manner of electing militia officers,. .. 203 
 
 to choose its own officers 70, 71 
 
 to choose Treasurer and Comptroller, 101, 102, 103 
 
 to encourage internal Improvements, 157 
 
 to encourage learning, 178-185 
 
 to establish a system of town government, 175 
 
 to judge of election of members, 69, 70, 71 
 
 to keep a journal, 70,71, 72 
 
 to levy uniform taxes, 160, 161 
 
 to organize militia, 198, 199 
 
 to provide for amendment of Constitution, 212, 213 
 
 to provide for appeals, 152 
 
 to provide for application of grants from TJ. S., 158 
 
 to provide for filling vacancies in office, 193 
 
 to provide for organization of courts, 152 
 
 to provide for organization of villages, 175 
 
 to provide for putting Constitution into operation, 226 
 
 to provide for removal of officers, 196 
 
 to provide for revision of code, 152 
 
 to revise laws, 27 
 
 to sit with open doors, 70, 71 
 
 vote of, ill appropriating moneys, 20, 21 
 
 Levees and drains, land for, 24 
 
 Liability of stockholders 170,173, 174 
 
 Libels, truth may be given in evidence, 19, 20 
 
 Liberty, none to be deprived of without law, 6, 6 
 
 Librarian, state, 187 
 
 Librarians, town, 188 
 
 License, clerks may issue, 148 
 
 of lotteries and gambling houses 23 
 
 Lieutenant-Qeneral, Lieutenant-Governor to be 83 
 
 Lieutenant-Governor, election of, 48,44,45.80,81,82, 90 
 
 a Commissioner of Canal Fund, 106 
 
 a commissioner of Land Office, 106 
 
 duties of, 90, 91 
 
 in trials of Governor for impeachment 107, 108, 109, 110 
 
 payof, 85,90, 91 
 
 powersof, 90, 91 
 
 qualifications of. 81, 90 
 
 to be Lieutenant-General, 83 
 
 to be President of Senate 90 
 
 vacancy in office of, ; 90, 91 
 
 when to serve as Governor, 88, 89, 90 
 
 Limitations, statute of, 5, 6 
 
 Liquors, sale of, may be prohibited 29 
 
 Literary qualifications of voters, 34 
 
 Literature fund, 178 
 
 Loan of State credit, 159, 168 
 
 Local courts, 147 
 
 continuance of, 225 
 
 Local laws to embrace but one subject 77 
 
 legislative powers of Supervisors, 79 
 
 use of money, laws relating to 20, 21 
 
 Lotteries forbidden, ; 22, 23 
 
 majr be licensed, 23 
 
 Louisiana Constitution, arrangement of subjects 229 
 
 Lucrative offices, two cannot be held by same person, ...41, 42 
 
 Magazines, reports concerning 200 
 
 reports on condition of, 199 
 
 Maine Constitution, arrangement of subjects 229 
 
 Major-Generals, election of 202, 203 
 
 Manufactured products, corporations as carriers of, 18 
 
 Mariners' wages, suits for, without juries, 6 
 
 Marines, vote of, 81, 82, 34, 35 37 
 
 Marriage contracts, 22, 23 
 
 licenses 148 
 
 of whites and negroes forbidden, 29 
 
 Marriages, registration of, 88, 141 
 
 Married women, property of, 29 
 
237 
 
 Page. I 
 
 Haryland Constitation, arrangement of subjects, 239 
 
 Masfiachaaetts Constitntion, arrangement of subjects, S29 
 
 Masters in Chancery, limit of terms, 2S4, 225 
 
 Measurers, office abolished, 106 
 
 Mechanical trades not to be taught in prisons, 29 
 
 Meeting of Legislature, time of, 62, 63, 64 
 
 Members of Congress to hold nootherofflco, 41, 42, 43, 64, 66, 66 
 
 of Legislature to receive no appointments, 64, 65, 66 
 
 to take no State contracts, 64, 66, 66 
 
 Message, Governor to communicate by, 83 
 
 Mexico, citizens of, at time of treaty, 33 
 
 Michigan Constitution, arrangement of subjects, 229 
 
 Mileage of members of Legistoture, 60, 61 
 
 of Lieutenant-Governor 91 
 
 Military duty, performance of, a qualification of voters, 32, 33 
 
 exemptions, 203, 204 
 
 exemption fund, applied for schools 180 
 
 service, absence of voters in 31,32, 34 
 
 Militia, commander-in-chief of, 82, 83 
 
 not to be taken from St^e, 83 
 
 officers, election of, 201, 202, 203 
 
 organization of 198,199,200,201 
 
 Mineral products, corporations as carriers of, 18 
 
 Mines and minerals, release of, 24 
 
 Minnesota Constitution, arrangement of subjects 229 
 
 Minors, emancipation of, 22 
 
 Minors, laws not to favor iu special cases, 78 
 
 Miscellaneous provisions in Bill of Rights, 29 
 
 Mississippi Constitution, arrangement of subjects, 230 
 
 Missouri Constitution, arrangement of subjects, 230 
 
 Misuse of public funds, disqualifies fi:om holding office, 72, 73 
 
 Mondays, no election may be held on, 39 
 
 Money, appropriation of, 20, 21 
 
 appropriated to local or private use, 18 
 
 how to be computed 20. 21 
 
 to be paid only under appropriations 157 
 
 Monopolies forbidden, 24, 25 
 
 Morality should be encouraged, 181 
 
 Mortgages require consent of wife, 28, 29 
 
 Municipal corporations, debts of, 166, 167, 168 
 
 restrictious upon credit of, 175 
 
 Municipal courts, HI, 112, 147 
 
 Names, Legislature not to change, 22, 23, 78 
 
 Kational banks, laws to be pa ssed enabling formation of, 173, 174 
 
 Naturalization of foreigners allowed, 4 
 
 Navigable waters, concurrent jurisdiction over, 24 
 
 Navy, crimes in, not to be tried by jury 5 
 
 gersons in, allowed to vote, 34, 37 
 tate. Governor to command, 82, 83 
 
 Nebraska Constitution, arrangement of subjects, 230 
 
 Neglect of duty, reduction of salaries in case of, 22 
 
 Negroes, marriage of, with whites not allowed, 29 
 
 restrictions upon franchise 33, 34 
 
 Nevada Constitution, arrangement of subjects, 230 
 
 New Hampshire Constitution, arrangement of subjects, . . . 230 
 
 New Jersey Constitution, arrangement of subjects, 230 
 
 New Orleans, university to be established in, 186 
 
 Newspapers, publication of laws in, 79, 80 
 
 New York city to be a judicial district, 114 
 
 New York State Constitution, 1777, arrangement of subjects, 2.30 
 " '• " 1821, " " 231 
 
 " " " 1846, " " 231 
 
 Nobility, titles of, may not be granted 23, 25 
 
 Nominations of Governors for office, 84 
 
 Non-resistance, doctrine of, slavish, 4 
 
 Non-user, forfeiture from 171 
 
 North Caroliua Constitution, arrangement of subjects, 231 
 
 Notaries Public, appointment of, 128, 190, 191 
 
 Number of members in Legislature, 47, 48, 49 
 
 Oaths concerning duelling, 17, 27 
 
 jurors to take, 5 
 
 of military officers, 199, 200 
 
 of allegiance of electors, 33 
 
 of court for trial of impeachment, 107, 108, 109, 110 
 
 prescribed forms of, 205, 206, 207, 208 
 
 Office, Judges may hold no other, 126 
 
 properly qualifications for 4 
 
 qualification of Judges for, 127 
 
 restrictions upon, 41, 42, 43 
 
 tenure .of Judges, 129 
 
 term of Judges, 124, 12o 
 
 holders, restrictions upon, 41, 42, 43 
 
 must be voters ; •... 43 
 
 Officers, civil, may be removed and impeached, 29 
 
 civil, to act till successors are appointed, 29 
 
 each town, city, &c., to support its own, 177 
 
 first election of, 217, 218 
 
 of Legislature •...-. 67,68,69,70, 71 
 
 liable to impeachment 107, 108, 109, 110 
 
 militia, election of, 201,302,203 
 
 no more than one may be held, « 29 
 
 and reporters of courts, 147 
 
 required to take oaths 205, 206, 207, 208 
 
 Offices, civil, not to be given to Legislators 64, 65 
 
 continuance of, under Constitution, 219, 220 
 
 county, to be kept at county seats 195 
 
 foreign, may not be held by citizens, 3 
 
 may be held only by citizens, 3 
 
 not more than one should be held 3 
 
 tenure of ' 
 
 that may not be held by same person 42 
 
 vacancies in, ■••• ;,".„„;; „a, 
 
 Ohio Constitntion, arrangement of subjects 231 
 
 Omissions in instruments and proceedings, 121 
 
 8&°/krmn|emenn?s''ugjycrs in Constitutions,- i i! . .::: § 
 
 Oregon Constifution, arrangement of subjects .231 
 
 Organization of Legislature, 67, 68 
 
 Origin of bills jjj 
 
 St'^i Sner; CouriocV."V.--" ' ^V.V.V.;\V.;\Vii6; 118 
 
 ^^S^rS;ason ;«idimi;eachm^ts;.-.:V ;.•."■.■.■.•. . . . : 87 
 
 Pardons, Council of,.... °» 
 
 to be reported annually »' 
 
 60 
 
 Page- 
 Passage of bills 75,76, 77 
 
 of laws imposing taxes or creating debts, . . . i 168 
 
 Paupers excluded ftom voting, 35, 37 
 
 Pay of Lieutenant-Governor, 90, 91 
 
 of Members of Legislature, 60 
 
 Paymasters, military, 200 
 
 Payments from funds regulated, 157 
 
 Pennsylvania Constitntion, arrangement of subjects, ..231, 232 
 People, the, have a right to alter and reform government, 2, 4 
 
 Perjury excludes from suffrage, 36 
 
 Perpetuities forbidden, 24, 25 
 
 Petition, right of, 22 
 
 Pleadings, code of, 152 
 
 Political year 196 
 
 power inherent in people 2,3, 4 
 
 Poll books at elections, 38, 39, 40 
 
 Poll taxes, 161, 168, 169 
 
 forbidden or allowed, 2 
 
 Postage of members of Legislature, 80 
 
 Power, general, of Governor, 85 
 
 inherent, 28 
 
 of government, distribution of, 45 
 
 pard(ming, 86, 87 
 
 political, originally resides in the people 2, 3, 4 
 
 PreamblCj 1 
 
 Pre-emption, rights of, 24 
 
 Preference of bmholders of insolvent banks, 173, 174 
 
 Prerogative Court, Ill 
 
 Presents from foreign powers, 3 
 
 President of Senate, 67, 69, 70 
 
 in case of vacancy of Governor, 88, 89, 90, 91 
 
 to sign bills 77 
 
 Press, freedom of, 19, 20 
 
 Primogeniture, laws of, forbidden, 26 
 
 Principles, fundamental, 28 
 
 Printing, State, 79, 80 
 
 Prison Commissioners 174 
 
 Prisoners excluded from voting, 35, 37 
 
 Prisons, mechanical trades not to be taught in, 29 
 
 convicts may be seen at their labors, 29 
 
 Private laws to embrace but one subject, 77 
 
 properly taken by corporations, 170 
 
 uses, money appropriated for, 20, 21 
 
 Privileges, deprival of, 1 
 
 may not be exclusive, 2, 3, 4 
 
 may not be irrepealable, 2, 4 
 
 of electors 36,37, 46 
 
 of legislators from arrest, 74 
 
 Probate Courts 111,112,137,139,141 
 
 Proceedings, legal, continuance of, 221, 222, 223 
 
 of legislature, journal of, 70, 71 
 
 style of, 163 
 
 Process, civil, may not be served on election day, 36 
 
 style of, 153 
 
 Proclamations convening Legislature, 73 
 
 Products of country, not to be taxed, 160 
 
 Proofs of right of suffrage, 38 
 
 Property exclusively used for certain purposes, exempt from 
 
 taxation, 29 
 
 of aliens, 25 
 
 of married women, 29 
 
 private, may not be taken without compensation, 17 
 
 protection of, due from governments 3 
 
 qualifications for office, 4 
 
 taken by corporations, 170, 171 
 
 to be taxed uniformly, 160,161 
 
 ultimate right of, 23, 24 
 
 Prorogation of Legislature, 72, 73 
 
 Prosecuting attorneys, 128 
 
 removal of, 129,130 
 
 Prosecutions for libels, 19, 20 
 
 Protest, right of recording, in journals, 70, 71 
 
 Prothonotaries, 149 
 
 Publication of Constitution, 224, 225 
 
 of journals 70, 71, 72 
 
 of laws, ■„• S 
 
 Public lands, provisions relating to, 23, 24 
 
 uses, appropriations for, 18 
 
 uses, property taken for, 17 
 
 works, 157,158,169 
 
 Punishment by Legislature ■•■ 68 
 
 pardons from, • • • ■ • • ■ • . . o". °3 
 
 Quakers exempted from military service, 198, 190, 20d, 204 
 
 Qualifications of clerks . 148, 149 
 
 of electors, 30, 31, «. Ai 
 
 of judges 127,128 
 
 of legislators, VrJ'iV ik 
 
 of members, decision on, 67,68, 69 
 
 Quarter sales, forbidden ■■■ 24 
 
 Quarter sessions of the Peace Court of, m, 141 
 
 Quorum in legislature, ®'' ,?? 
 
 Eailroad, state aid to •■■• 16» 
 
 Bank, military, "8, 199 
 
 Eatification of constitution io an 
 
 Ratio of representation, Sj 
 
 Heading a qualification of voters, J* 
 
 Rebellion, aid in, excludes from suffrage ■• • * 
 
 Receipts and expenditures, statements of, ' i oS 
 
 of officers to be reported, 1^| 
 
 Receiver-General, M* 
 
 Recorders, appointment of, ;■•• 147 
 
 election of, I'"' 1™ 
 
 Eecorders of wills, ij^ 
 
 Ee-enactment oflaws iii' iS 
 
 Eegents of the University, loo- l°7 
 
 Eegister of land office 101 
 
 of wills, election of, •• ••• 1°2 
 
 Eegister's court, ■,%•••;/ ^^^' Hi' ifi 
 
 Registration of births, marriages and deaths, do, 141 
 
 of separate property of married women, 29 
 
 Eegistry of bank bills 171, 172 
 
 ofvoters, 38 
 
 tax 32 
 
 Eegulations, militarj' of United States, adopted, 199, 200 
 
 Eejection of bills, 7S 
 
238 
 
 Page. 
 
 Beleaee of state claims prohibited, 156 
 
 Keligion of members of Xegielature, 60 
 
 scruples of, may exempt from military duty, 203, 204 
 
 should be encouraged, . . ». 181 
 
 Eeligioua corporations, 169, 170 
 
 ireedom, 7 
 
 Bemi:*sion of fines and forfeitures, 86, 87 
 
 Removal of civil officers, 29, 196, 197, 198 
 
 of Judges, 129,180 
 
 of Justices of Peace, .■ 144 
 
 of militia officers, 204 
 
 of Sheriffs and other officers 188, 189, 190, 101 
 
 Kents, reservation of, 23, 24 
 
 Bepeal of special privileges, 2, 4 
 
 Repairs of canal, 154, 155 
 
 Reporters of courts, 147, 148, 149 
 
 Reports of decisions, publication of, 151 
 
 from military officers, 199 
 
 from public officers, Governor may require, 83 
 
 Representation, equalization of, 48, 49, 53, 54, 65, 56, 57, 58, 59 
 
 Reprieves, granting: of, 86, 87 
 
 Reservation of rights, 28 
 
 Residence of civil officers, 195 
 
 of Goveraor, 81 
 
 of members of Le^slature, 60 
 
 of soldiers in garrison, 35, 37 
 
 of state officers, 98 
 
 of voters, 30,31,82,33, 37 
 
 Restrictions upon office, 41 
 
 Revenue, bills for, where to originate, 75 
 
 Revenues, canal, 154,155,156 
 
 provisions relating to, 160, 161 
 
 of school and literature funds, 178 
 
 Revision of Constitution, vote to be taken on, 212 
 
 council of, 92 
 
 Rhode Island Constitution, arrangement of subjects, 232 
 
 Right of assembling, , ^ 
 
 of petition, 22 
 
 of recording protest in the journals, 70, 71 
 
 of way, payment for, 17, 18 
 
 Rights, deprival of, 1 
 
 inherent, 2, 3, 4 
 
 of aliens, 25 
 
 of legislators 67-72 
 
 reservation of, 28 
 
 Riots, property taken in case of, 18 
 
 Roads, private, 17, 18 
 
 Rotation in office, a security of freedom, 2 
 
 Rules, each house may determine its own, 68, 69 
 
 Salaries, deductions from,, 21 
 
 laws for payment of, to embrace no other subject, 20, 21 
 
 not to be increased or diminished during terms, 21 
 
 SalaiT of County Judge, 137 
 
 of Governor, 84, 85 
 
 of Judges 122, 123, 124, 125 
 
 of State Librarian, 187 
 
 of State Officers, 97,98,99,100 
 
 Sale of canals forbidden, 157 
 
 Sale of justice forbidden, 5 
 
 of salt springs forbidden, 157 
 
 Saline fund applied to schools, 179 
 
 Salt duties, 159 
 
 springs, sale of, forbidden, 157 
 
 School-funds 178-185 
 
 Schools, property of, exempt from taxes, 160, 161 
 
 provisions relating to, 178-185 
 
 Science, encouragement of, 178, 179, 181, 182, 184, 185, 186, 187 
 
 Seal, great, and its uses, 96 
 
 Seamen, vote of, 31,32,34 37 
 
 Seat of government, certain officers to reside at, 195 
 
 Clerk of Court of Appeals to keep office at, 147 
 
 Secession, right of, denied 3 
 
 Secrecy, doors of Legislature may be closed if needed, 70, 71, TO 
 
 Secretary of State, 101, 102, 103 
 
 election of, 97, 98, 99, 100 
 
 duties of, 97, 98, 99, 100 
 
 duty in case of vacancy of Governor, 89, 90, 91 
 
 a Commissioner of Land Office, 106 
 
 a Commissioner of Land Fund, 106 
 
 pay of, 85 
 
 removal of, 85 
 
 keeper of seal, 96 
 
 to be Registrar of Prerogative Court, 100 
 
 to be Secretary of Senate, . . , 100 
 
 Security for redemption of bank notes, 171, 172 
 
 of Commissary-General 203 
 
 of Sherifi's * 188 
 
 Sedentary militia, 199 
 
 Selectmen, election of, 191 
 
 Self-government, rights of, a, S 
 
 Seminaries, encouragement to, 185, 186 
 
 Senate and Assembly, legislative power vested in, 45 
 
 Senate, how composed, 46, 47, 48 
 
 Lieutenant-Governor to be President of, 90, 91, 92 
 
 may remove military officers, 204 
 
 nominations of officers to, 84 
 
 power of, in removal of judges, 130 
 
 Secretaiy of, 100 
 
 to elect Major-Gene rals, 202 
 
 to make its own rules, 67, 68, 69 
 
 to try impeachments, 107, 108, 109, 110 
 
 Senatorial districts, 58 
 
 Senators, age of, 60 
 
 classification and terms, 46 
 
 United States 80 
 
 Services, certain 23 
 
 extra compensation for, forbidden, , si 
 
 personal^ taken for public use, is 
 
 Sessions of Legislature, 63, 64 
 
 Sheriffs, election of. 147, 188, 189, 190, 191 
 
 security required horn, 103 
 
 removal of, 129,130 
 
 Residence of, ^95 
 
 to collect military fines, ' 200 
 
 Shore rights .... 30 
 
 Page. 
 
 Signature of bills, H 
 
 Silver, money to be computed in, 20, 21 
 
 Sinking fund created, .~. 155, 156 
 
 Commissioners of, 105 
 
 Slaves, taxes on, 161, 168 
 
 Soldiers not to gain residence 35, 37 
 
 vote of, provisions relating to, 34 
 
 South Carolina Constitution, arrangement of subjects, 232 
 
 Sovereignty of United States declared, 29 
 
 Speaker to be chosen 67, 68, 69, 70 
 
 of House to sign bills, 77 
 
 of Assembly, in case of vacancy of Governor, ^, 89, 90, 91 
 
 of Assembly, a Commissioner of Land Office, 106 
 
 Special Courts of Appeals, 113 
 
 laws not to be passed,.. 78 
 
 Specie payments, suspension of jnay not be authorized, 171, 172 
 
 Si)eech, freedom of, 19, 20 
 
 in Legislature, 74 
 
 Staff officers, appointment of, 201, 202 
 
 State attorneys, ^ 103, 104, 128 
 
 bank, authorized, '. 172 
 
 claims of to be enforced, 156 
 
 credit not to be loaned, 157, 159, 160, 161 
 
 debt 162,163, 164, 165, 166 
 
 Engineer and surveyor, election of, 105 
 
 Engineer, appointment of, 157 
 
 Engineer, omce may be abolished, 98 
 
 Engineer and Surveyor, a Commissioner of Land Office, ... 106 
 
 institutions, 174 
 
 officers, election of, 97, 98, 99. 100 
 
 not to receive fees, 97, 99, 100 
 
 vacancies in office of, 97 
 
 paper, 79 
 
 Prison Commissioners, 174 
 
 Prison Inspectors, election of, 105 
 
 suits may be brought against, 18, 19, 29 
 
 univereities, 185, 186, 187 
 
 Stationery for Legislature, 80 
 
 for use of State, 29 
 
 Stations, railroad, right to take lands for, 18 
 
 Steamboat passenger tax, 150 
 
 Stockholders, liability of, 173, 174 
 
 Students, right of, as voters, 37 
 
 Style of laws 75 
 
 of writs and proceedings, 153 
 
 Subalterns, election of, 201, 202 
 
 Suffrage, exclusions from, 35, 36 
 
 proofs of right to, 33 
 
 right of, 30-36 
 
 Suicides, estates of, 3 
 
 Suits against the State, 18, 19, 29 
 
 continuance of, under Constitution, 221, 222, 223 
 
 Summons may not be served on election days, 36 
 
 Superintendence of canals ; 154, 155 
 
 Superintendent of Public Instruction, 102, 181, 182, 183, 184, 185 
 
 appointment of, 98 
 
 Superior Court, m 
 
 jurisdiction of, ng 
 
 Supervisors, Boards of, 192, 193 
 
 election of, 188, 189, 192 
 
 legislative power of, 80 
 
 may apply for election of special judges, 139 
 
 powers may be conferred upon, ". 79 
 
 taxation by 168 
 
 are to average Assembly Districts, 54, 55 
 
 Supremacy of United States, 29 
 
 Supreme Court of Appeals, 113 
 
 Supreme Court 110, 111, 112, 113, 121, 123 
 
 jurisdiction of. 114, 117, 118. 119, 120 
 
 organization, terms and miscellaneous provisions, 114, 115, 116 
 
 Legislature may establish a separate, 141 
 
 to appoint its clerks, 147 
 
 clerks of, 147 
 
 transfer of imsiness of, 224, 225 
 
 Surgeons, militaiy, 204 
 
 Sureties for public officers, 98, 99 
 
 Surrogate Courts 139, 140, 141 
 
 Sun'eyor-General, election of, 97, 98 
 
 pay of, 85 
 
 Surveyor, county, elected, 188, 189, 190, 191 
 
 election of, 104 
 
 removal of. ]29 
 
 residence of, 195 
 
 Suspension of laws, when allowed, 28 
 
 of laws, may not be done except by order of Legislature, 78 
 
 of officers under trial of impeachment, 107 
 
 of special payments 171^ 172 
 
 of Treasurer from office, ]06 
 
 Taxation by counties, towns, &c., 166 167, 168 
 
 exemption from \ ■ gg 
 
 provisions relating to, 16O, 161 
 
 restrictions upon local, 175 
 
 Taxes, capitation, I68, 169 
 
 on civil suits 147 
 
 for internal improvements, 153 
 
 laws imposing, 77 
 
 laws for, must have two-thirds vote, '„ 21 
 
 must be authorized by law, .!. 21 
 
 registry of. 32 
 
 to be laid for canceling debts, 167 
 
 to be laid to pay State debt 156 
 
 Taxpayer, qiialification of, 31, 32, 33 
 
 Tennessee Constitution, arrangement of subjects, 232 
 
 Tenure of lands, 23, 24 
 
 of military offices, .201, 202 
 
 of offices, 193, 194 
 
 of office of Judges 129 
 
 of office of Justices, 145" 145 
 
 of Assembly 46, 47, 48, 49, 50 
 
 Term of Judges under Constitution 220 
 
 of office of legislators, ..,.'."". 5Q 
 
 of Senators 46, "47. '48r49' 50 
 
 Terms of Supreme Court, 114^ 115 hq 
 
 Testimony in eq^uity cases, ' ^29 
 
 Texas Constitution, arrangement of subjects,....!"!....." "!!" 233 
 
239 
 
 Page. 
 
 Threatening leeislators puniBhed, 68 69 
 
 Tippecanoe battle-flold reserved, 24 
 
 Titles of nobility may not be granted .'..'.'...'.'.'.'... 8, 3 
 
 TownclerkB iss, 189, 190, 191, 193 
 
 debts of, not to be aesnmed by state 169 160 
 
 libraries, . . jgg 
 
 officers,... '..V.V./.i88','i89,'i9d,191, 192, 193 
 
 Towns, taxation by, :,166, 167, 168 
 
 Townships, may sue and be sued, ITT 
 
 Township organization, 175 176 177 
 
 Treason excludes from sulTrage 36 
 
 pardoning power restricted in, 86, 87 
 
 presentment on indictment for, 4 
 
 privilege not extended in case of, 74, 75 
 
 Treaties made by United States, binding, 29 
 
 Treating for a vote disqualifies from suffrage, 36 
 
 Treasurer, State, 101, 102, 103 
 
 election of, 97,98,99,100 
 
 a Commissioner of Land Office 106 
 
 a Commissioner of Canal Fund, 106 
 
 pay of, 85 
 
 removal of, 85 
 
 Suspension from office, 106 
 
 Treasurers, county, 188 
 
 Treasurer's accounts, auditors of, 100 
 
 Treasury payments ftom, 20, 21 
 
 Trial by jury, right of,, 4,5, 6 
 
 near the place where the crime was committed, 4 
 
 of impeachment, 107 
 
 to be speedy, 5, 6 
 
 Tribunals of conciliation, 151 
 
 Truth may be given in evidence In libels, 19, 20 
 
 Ultimate right of property, 23, 24 
 
 Uniform, military, 200 
 
 Union military mnd 200 
 
 CTnited States, cession of lands to, 24 
 
 Itizenshlp of, 30, 31 
 
 Constitution, arrangement of, 232 
 
 grants from 158 
 
 military regulations adopted, 199, 200 
 
 powers delegated to, 28 
 
 Senators 80 
 
 supremacyof, 3, 29 
 
 Universities, 185, 180, 187 
 
 University lands, .-. 182 
 
 Regents of, 188, 187 
 
 Usury, penalties of, 30 
 
 Vacancies in offices 29 
 
 in county and town offices, 189, 190, 191, 192 
 
 of Clerks, 148 
 
 of Governor, 88,89 90, 91 
 
 of Judges, ■ 135, 136 
 
 of Justice of Peace, 148, 144 
 
 of Lieutenant-Governor, 90, 91 
 
 of Members or Senators, 66, 67 
 
 of Secretary, 100 
 
 Page. 
 
 Vacancies, provisions to be made for filling, 196, 197, 198 
 
 to be illied by Governor, 84 
 
 occasioned by impeachment, 109 
 
 Vagabonds excepted from privileges, 2 
 
 Venue, change of, 122 
 
 Vermont Constitution, arrangement of subjects 232 
 
 Veto power, how vested, 92, 93, 94, 95, 96 
 
 not recognized in certain states, 96 
 
 Volunteers allowed to vote, 31, 32, 34 
 
 Vote on adoption of Constitution, 209, 210, 211, 212, 213 
 
 on appropiiations of public moneys, 20, 21 
 
 on creation of State debt , 166, 167 
 
 on erection of counties and change of county seats,. 175, 178 
 
 177 
 
 on laws in certain cases 28 
 
 on removal of county seats, 176,177 
 
 on revision of Constitution, 212, 213, 214, 216, 216 
 
 Voters alone eligible to office, 42, 43 
 
 privileges, qualifications, &c., of, 30, 81, .32, 83 
 
 registry of, 38 
 
 Villages, Legislature to provide for organization of, 175 
 
 organization of, 166, 167, 168 
 
 taxation by, 166, 167, 168 
 
 roads in 18 
 
 Virginia Constitution, arrangement of subjects, 232 
 
 Virtue, encouragement of, 184 
 
 reliance upon, 28 
 
 Vice-Chancery Courts, 114 
 
 Viva voce elections, 43 
 
 in Legislature 67 
 
 Wages, mariners', suits for, without juries 6 
 
 War, debts incurred in time of, 163, 164, 165 
 
 property taken in time of, 18 
 
 War Department, regulations of, adopted 199, 200 
 
 Warrant for land 24 
 
 for payments ftom treasury, 20 
 
 Waste on public lands 24 
 
 Weighers, office abolished, 106 
 
 Weights and measures 106 
 
 West Virginia Constitution, arrangement of subjects, 232 
 
 Wife must consent to alienation of homestead, 28, 29 
 
 Waroperty of, 29 
 isconsin Constitution, arrangement of subjects, S32 
 
 Witnesses, compulsory attendance of, I'T 
 
 not incompetent from religious belief, 7 
 
 to be produced, 6 
 
 Women, married, property of, 29 
 
 Writs, continuance of, 221, 222, 223 
 
 of error, 152, 153 
 
 on bills imposing tax or creating debt, 77 
 
 on removal of judges, 129, 130 
 
 to be recorded, 71, 72 
 
 Tale College, confirmation of grants, 185 
 
 Tear, legislative, 193, 196 
 
 political, 196 
 
 fiscal 196 
 
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