Cornell University Law Library FROM THE BENNO LOEWY LIBRARY RECEIVED BY CORNELL UNIVERSITY UNDER THE WILL OF MR. BENNO LOEWY Cornell University Library KF 4530.H83 V.I American constitutionsxomprising the co 3 1924 019 910 300 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924019910300 AMEEI0A3S" OOIJ^STITUTIOli^S : COMPBISma THE COJS'STITUTIOlSr EACI STATE m THE MM. AUD OF THE UNITED STATES, WITH THE DECLABATION OF INDEPENDENCE AND AKTICLES OP CONFEDERATION ; EACH ACCOMPANIED BY A HISTORICAL INTRODUCTION AND NOTES, TOaETHBR WITH A CLASSIFIED ANALYSIS OF THE CONSTITUTIONS, ACCORDING TO THEIR SUBJECTS, SHOWING BY COMPARATIVE ARRANGEMENT, EVERY CONSTITUTIONAL PROVISION NOW IN FORCE IN THE SEVERAL STATES ; WITH REFERENCES TO JUDICIAL DECISIONS, AND AN ANALYTICAL INDEX. ILLUSTRATED BY CAREFULLY ENGRAVED FAC-SIMILE8 OP THE GREAT SEALS OF THE UNITED STATES, AND OF EACH STATE AND TERRITORY. BY FEANKLIN B. g^GH. IN TWO VOLUMES. YOL. I. ALBANY: WEED, PAESONS & COMPANY. 1871. fd i^i^"^^ Entered, accorcmig to Act of Congress, In the year one thonsand eight hundred and seventv-one, By F. B. HOUGH and WEED, PARSONS & COMPANY, In tbe Office of the Librarian of Congress, at Washington. PREFACE. Since the appearance of the "New York Convention Man- ual," which embraced the Constitutions of the several States as they were in 1867, thirteen of the States have adopted new Constitutions prepared by Conventions, and thirteen others have ratified important amendments recommended by their Legislatures. During the same period, two amendments to our National Constitution, involving principles that may materially affect the future destinies of the Country, have been sanctioned by a sufficient number of the States to make them binding upon the whole ; and measures tending to the further revision of their fundamental laws are now in progress in several of the States. These extraordinary changes are in part incident to the reconstruction of State governments in the Southern States ; but, aside from this, there are many evidences of a general and increasing interest in the study of questions relating to the theory and operation of government,- the restrictions that should be laid upon its various Departments, the powers that should be exercised by each, and the rights that should be secured to the citizen. Amidst these changes, it may often become a serious question, as to whether proposed innova- tions are in reality reforms, and whether, among the models of Constitutional law that have borne the test of trial through long periods of time, there may not often be found provisions that might safely be adopted in the revision of existing Con- stitutions, or in the preparation of new ones. iv Preface. It has been our purpose in this work, not only to give the present Constitutions of the several States and of the United Staties, but also to trace their origin and progress, from colonial or territorial Dependencies, down through their principal changes to the present time. In following the leading features of their civil history, we have noticed only such events as have had a close relation to their forms of government or extent of jurisdiction ; and, in doing so, have remarked, at times, the little incidents, which like obstacles in the sources of mountain streams, may have given them their first direction, and thus have determined .their future course. We have also endeavored to present in every instance, where it was attainable, and in many cases through the courtesy of Secretaries of States, froln their original records, the votes upon the various constitutional questions that have from time to time been submitted to the electors, with the design of' showing the degree of acceptability with which these proposals were received, and to what extent at first, and afterwards upon trial, they were sanctioned by the public favor. The changes in boundaries and jurisdiction of the varibus States and Territories, besides being carefully noted in the introductory sketches of each, wiU be found clearly illustrated in the Historical Map accompanying the second volume. A summary of the several Articles and Sections is given at the beginning of each Constitution, and a list of the names of the Delegates who prepared them, has been added in nearly every instance. In writing the historical statements concerning the several States, the dates and facts mentioned, have in most cases been derived from official sources, and the text of the Constitu- tions, in every instance, has been taken from autliorized editions. The sketches of Territolies include descriptions of their original and present boundaries, and such events as have thus far marked their changes of government, and the Pee FACE. V proceedings that have been had, towards eflfecting a State organization. The classified Analysis of Constitutional Provisions, instead of following the order of arrangement of a particular State, as in a work of similar kind prepared by the editor of these volumes, by request of the New York Constitutional Con- vention of 1867, has been based upon a classification which appeared to us most natural, and which^ it is hoped, will be found convenient and useful. The references in every case point to the State, Article and Section ; the phraseology given is that of the Constitutions themselves, unless enclosed in brackets ; and where more than one reference is made to the same section or clause, the States are arranged in their alphabetical order. The table of references to decisions and opinions relating to the Constitution of the United States, and to analogous features in the Constitutions of the several States, is arranged in the order of the several Articles, Sections and Clauses of the former, without quoting the particular words or clauses to which they refer, or the names of the cases in which they were rendered. The conciseness of this arrangement will not, it is believed, render it less valuable for use, while the pages were by this plan relieved of the multitude of notes and references which would have been otherwise necessary, had they been inserted in the places to which they refer. The various information contained in the Appendix, will be found closely related to the subject of Constitutions, and we trust both instructive and reliable. The Index has been arranged with a view to its convenience for reference, and will either directly, or through the Classified Analysis, lead to the most minute subdivision of subjects embraced in these volumes. In presenting a series of carefully engraved facsimiles of the seals of the United States and of the several States vf Frkface. and Territories, the artist has had before him an impression of each seal from the official die, with directions to follow it in size and detail with the utmost exactness ; and in most cases the official description has been at hand, to guide him in doubtful points. We gratefully acknowledge the courtesy of the several Grovernors and Secretaries, of States and Terri- tories, who have furnished impressions of the seals in their custody for this use. As an apology for the delay that has occurred in the publi- cation of this work, we would mention the fact that it was stopped at an advanced stage by the fire which destroyed the printing house of the publishers on the 7th of April last, and that it was resumed as soon thereafter as the necessary arrange- ments for re-engraving and reprinting could be made. F. B. H. LowviLLE, N. Y., Decemher 20, 1871. CONTEISTTS. VOLUME I. FASE. Measures ■which preceded and led to the Declaration of Independence. .. ... 1 Declaration of Independence 5 Confederation of the States 9 Articles of Confederation 11 Formation and adoption of the Federal Constitution 20 Constitution of the United States 24 Amendments to the Constitution of the United States 38 Alabama : Historical sketch 45 Constitution of 1868 49 Arkansas : Historical sketch 78 Constitution of 1868 83 California : Historical sketch 131 Constitution of 1849-1862 .*. ... 135 Connecticut : Historical sketch 153 Constitution of 1818 157 Delaware : Historical sketch 177 Constitution of 1881 181 Florida : Historical sketch 207 Constitution of 1868 211 Georgia: Historical sketch 248 Constitution of 1868 251 Illinois : Historical sketch , 279 Constitution of 1870 285 Indiana : Historical sketch 333 Constitution of 1851 837 Iowa : Historical sketch 367 Constitution of 1857 .' 369 Kansas : Historical sketch , 395 Constitution of 1859 401 Kentucky : Historical sketch 439 Constitution of 1850 437 viii Contents. PAGE. Louisiana: Historical sketcli 471 Constitution of 1888 477 Maine : Historical sketch 505 Constitution of 1820 507 Maryland: Historical sketcli ,.. ••-,.••, ••; 547 Constitution of 1867 . . . .1 j-':- . I../ :.'..". 555 Massachusetts : Historical sketcli -> 611 Constitution of 1780 619 Michigan: Historical sketch 661 Constitution of 1850 665 Minnesota : Historical sketch .- 705 Constitution of 1857-58 709 Mississippi: Historical sketch ■ 739 Constitution of 1868 743 Missouri : Historical sketch ; 775 Constitution of 1865 .' 779 ITebraska : Historical sketch. .,, 4 .••,••: r ,.- 831 Constitution of 1867 ! . '^'.'. ..'!........ \' 825 Nevada: Historical sketch , 845 Constitution of 1864 ...;.... 847 MEASUEES WHICH PKECEDED AND LED TO THE DEOLAEATION OP INDEPENDENCE. The earliest instance of an association of the English colonies for mutual defense, and the promotion of common interests, occurred in 1643, when the colonies of Connecticut, New Haven, Massachusetts and Plymouth, entered into a league under the name of " The United Colonies of New England." It con- tinued in force for more than forty years, proving an efficient means for uniting the colonists in repressing Indian hostilities, and in resisting the encroachments of other European colonies unfriendly to the English. By the articles of this league, each colony was represented by two commissioners, who assembled by rotation in the respective colonies, and were empowered to pass ordinances for their general welfare. In case of invasion, each colony was bound to famish, upon application, a due proportion of aid in men and means for the common defense. The occasion of Indian treaties led to meetings of the governors or commis- sioners of various -colonies for consultation, at various times, as in 1689, 1722 and 1746, at Albany, and in 1744 at Lancaster. But the most important of these colonial conventions was one that met at Albany, June 19, 1754, composed of twenty-five commissioners, of whom four were from New Hampshire, five from Massachusetts, three from Connecticut, two from Rhode Island, five from New York, four from Pennsylvania and two from Maryla,nd. Virginia and New Jersey, although expressly invited, did not send delegates. Their prominent object was to confirm the friendship of the Five Nations toward the English, in view of the impending war against Canada ; yet the commissioners of Massachusetts were further authorized to enter into articles of union and confederation for their common defense and mutual interests, as well in time of peace as in war. This subject being deemed witliin their province, a committee of one from each colony, viz. : Thomas Hutchinson of Massachusetts, Theodore Atkinson of New Hampshire, William Pitkin of Connecticut, Stephen Hopkins of Rhode Island, William Smith of New York, Benjamin Franklin of Pennsylvania, and Benjamin Tasker of Maryland, was appointed to draw up a plan. This committee reported a draft, mainly written by Franklin, which they proceeded to discuss and agree upon. It was designed to embrace all the English colonies, from New Hampshire to South Carolina, and was submitted to the English Parliament and to the Assemblies of the several colonies for their approval. The debates continued twelve days, and the convention finally adjourned July 11th. Under this "Plan of Union," each colony was to retain its own charter and laws, subject only to such changes as might be made under the Union. The general government was to be vested in a President-General, appointed by the crown, and a Grand Council of forty-eight members, elected by the colonial assemblies for a term of three years. At first, Massachusetts and Virginia were each to have seven members, Pennsylvania six, Connecticut five. New York, Maryland, North CaroUna and South Carohna, each four. New Jersey three, apd New Hampshire and Rhode Island, each two. At the end of three years, the 3 Measures weics led to Independence. immber was to be equalized on the basis of money paid into the common treasury, but not so as to give any colony less than two, or more than seven members. The Grand. Council was to meet annually, or oftener if necessary, and might be called at any time, upon the written request of seven members. The first meeting was to be at Philadelphia, and after that as might be appointed. At any meeting, twenty-five were to form a quorum, provided that each colony had at least one member present. They were to choose their own speaker, who was to fiU the office of President-General in case of vacancy, and they were not to be dissolved, prorogued, or kept in session more than six weeks at a time, without their own consent, or the order of the crown. All acts were to be approved by the President-General, and might be disapproved, within three years after presentation, by the crown. The laws that might be passed were not to be repugnant, but, as near as might be, agreeable, to the laws of England. The Grand Council could raise and pay troops, build forts and ships for the protection of trade and commerce, regulate Indian trade, and conduct general affairs ; and for this end they could levy duties and taxes in the most convenient manner, and so as to discourage luxuries, rather than to burden industry. The President-General, with the advice of the Grand Council, was to conduct Indian treaties (but not in particular colonies), purchase lands, found settlements in new territories, in the king's name ; make war and conclude peace. All military and civil appointments required the concurrence of the President-General and the Grand QouncU, the nominations of the former being made by the President- General, and of the latter by the Grand Council. A General Treasurer was to be appointed, and, if necessary, a particular treasurer for each colony. This project was rejected by every one of the colonies, because it required a surrender of too much of their powers, and it met with no fevor in England when laid before the king and the Board of Trade. The colonies had already excited the jealousy of the mother country, by appearing conscious of strength, and ambitious for independence, and no measure tending to unite and consoU- date their power could be expected to find favor with the English government. The passage of a stamp act by Parliament, in 1765, excited the most energetic remonstrances, and led to acts of violence against those attempting to carry it into effect. In June of that year, the House of Representatives in Massachusetts, with the approbation of the governor and council, addressed a circular to the speakers of the several Houses of Representatives or Bui-gesses in the other colonies, recommending that delegates should be appointed to meet at New York, on the first Tuesday of October of that year, to consult together on their present circumstances, and the difficulties to which they must be reduced by the late act of Parliament. This convention was composed of twenty-seven delegates, of whom three were from Massachusetts, two from Rhode Island, three from Connecticut, five from New York, three from New Jersey, three from Pennsylvania, two from Dela- ware, three from Maryland, and three from South Carolina. The colonies of New Hampshire, Virginia, North Carolina and Georgia were not represented but their assemblies expressed sympathy with their measures. The convention first drew up a Declaration of Rights, in which they asserted that the colonies were entitled to all the rights and liberties of natural-born subjects of the realm the most essential of which were the exclusive right to tax themselves, and the right of trial by jury. They addressed respectful and loyal, yet firm and positive, memorials to the king and both Houses of Parliament, and recom- mended to the several colonial assemblies that they should appoint special agents Measures whics led to Independence. 3- 10 solicit a redress of grievances. They remained in session from the 7th to the 24th of October, 1765. A temporary relief was granted in answer to these memorials, and In compli- ance with the urgent appeals made by the several colonies. The stamp act was repealed, but the absolute right to tax the colonies was still maintained by the' English Parliament, and during the ten years which passed before the war of the revolution actually began, the way was gradually prepared for that great event. In 1772 and 1773, committees of correspondence began to be formed through- out the colonies, and on the 17th of May, 1774, the first distinct suggestion of a Continental Congress, by any body of men, was made in town meeting at Providence, Rhode Island. The General Assembly was requested to use its influence "for promoting a Congress, as soon as may be, of the representatives of the General Assemblies of the several colonies and provinces of North America, for establishing the firmest union, and adopting such measures as to them shall appear the most effectual, to answer that important purpose ; and to agree upon proper measures for executing the same." On the 26th of May, the members of the House of Burgesses, in Virginia, met at an inn in Williamsburgh, their house having been dissolved the day before by the governor, and after preparing an address to the American people, they authorized a correspondence with other colonial committees and suggested a General Congress. On the 17th of June, 1774, the House of Representatives of Massachusetts, declared that a meeting of committees from the several colonies was highly expedient and necessary, and appointed the 1st of September as the time, and Philadelphia as the place, for the holding of such a Congress. This recommendation of Virginia and appointment of Massachusetts met with general favor, and delegates were appointed in twelve of (;he colonies, as follows : Massachusetts, June 17th. By the House of Representatives. Ma/rylamd, June 22d. By a meeting of the committees appointed by the several counties. Gonnectieut, July 13th. By the committee of correspondence, under authority ■ of an act of the House of Representatives of June 3d. New Hampshire, July 21. By deputies appointed by the several towns at a meeting held at Exeter for this purpose. Pennsylvania, July 22d. By the General Assembly. New Jersey, July 23d. By committees appointed by the several counties for this purpose. New York, July 27th. By election in seven wards of New York city, confirmed by the committees of several districts in Westchester county, Albany city and county, and Dutchess county. Separate delegates were chosen in Suffolk and Kings counties. Virginia, August 1st. By a general meeting of delegates from the different counties. Delawa/re, August 1st. By the representatives of the freemen, convened by circular letters from the speaker of the House, but not legally organized in a legislative capacity. South Carolina, August 2d. By the House of Commons of the General Assembly. Rhode Island, August 10th. By the General Assembly. North Carolina, August 15th. By a general meeting of the deputies of the inhabitants. The first Congress, thus chosen, organized on the 5th of Sept. 1774, at Phila- delphia, and remained in session until the 26th of October. As the representa- 4 Measures wbich led to Independence. tion of the several colonies could not be equalized upon any certain basis of population or wealth, it was decided that each colony should have one vote. This rule was continued through the whole period of the Continental Congress, and until the present constitution was adopted. This Congress, with great unsmimity, proceeded to adopt a Declaration of Eights, substantially like that of 1765, in which they declared the colonies entitled to the common law of England, and to the benefit of such English statutes as were in force when they emigrated. To secure a fuU and absolute acknowl- edgment of these rights, they agreed, on behalf of themselves and their con- stituents, upon a pledge of commercial non-intercourse with Great Britain, and of non-consumption of the manufactures and articles of trade of that country, to commence on the 1st of December following, and to continue in force until their grievances should.be redressed. They also agreed not to purchase any slave imported after that date, but that they would wholly discontinue the slave trade, and neither be concerned in it themselves, nor hire their vessels, nor sell their commodities or manufactures, to those who were thus engaged. They ad- dressed letters to the inhabitants of the other English colonies, and to the people of Great Britain, and a petition to the king. A second Continental Congress assembled in pursuance of the recommenda- tion of the former one, at Philadelphia, May 10, 1775, at which all of the thirteen colonies were represented by delegates chosen principally by provincial conven- tions, but in some cases by the General Assemblies. The war had now actually begun, and the attention of Congress was at once directed to the organization of measures for the public defense. The hope of reconciliation gradually gave way to a desire for independence, and on the 7th of June, 1776, certain resolu- tions of independence were moved in Congress. These were discussed in com- mittee of the whole on the 8th and 10th, when the first resolution was postponed until the 1st of July, and in the mean whUe, that no time be lost, in case the Congress should agree thereto, a committee was appointed to prepare a declara- tion to the effect of the said first resolution, which was in these words : " That these TTnited Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown ; and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved." The committee for preparing the Declaration was appointed on the 11th, and consisted of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sher- man and Robert R. Livingston. They reported a draft on the 28th, which is now known to have been almost entirely from the pen of Jefferson. Congress adopted the resolution for independence on the 2d of July, and, on the 4th, pub- Uoly and solemnly published and declared the same. DECLARATION OF INDEPENDENCE. When in the course of human eyents, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organ- izing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despo- tism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated mjuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world. He has refused his assent to laws, the most wholesome and necessary for the public good. 6 DECLARATION OF INDEPENDENCE. He has forbidden his governors to pass laws of immediate and press- ing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the Legislature, a right inestimable to them and formidable to tyrants only. * He has'ealled together legislative bodies at places unusual, uncom- fortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of anni- hilation, have returned to the people at large for their exercise ; the State remaining in the mean time exposed to all the dangers of inva- sions from without and convulsions within. He has endeavored to prevent the population of these States ; for that purpose obstructing the laws for naturalization of foreigners ; refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their oflBices, and the amount and payment of their salaries. He has erected a multitude of new ofiBces, and sent hither swarms of oflBcers to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies without the consent of our Legislatures. He has affected to render the military independent of and superior to the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws.; giving his assent to their acts of pretended legislation : * For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any mur- ders which they should commit on the inhabitants of these States : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of trial by jury : For transporting us beyond seas to be tried for pretended offences : Declaration of Independence. 7 For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its-boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments : For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoe-^er. He has abdicated government here, by declaring us out of his pro- tection and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeav- ored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is an undistinguished destruc- tion of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms : Our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legisla- ture to extend an unwarrantable jurisdiction over us. "We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and •we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind — enemies in war — in peace friends. We, therefore, the representatives of the United States of AMBKicA, in Genbkal Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, 8 Declaration of Independence. do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare. That these United Colonies are, and of right ought to be, Feee and InrDEPEirDBKT States ; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved ; and that as Feee Aif d Inde- pendent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honour, JOHN HANCOCK. New Jersey. Virginia. Richard Stockton, George Wythe, John Witherspoon, Eichard Henry Lee, Francis Hopkinson, Thomas Jefferson, John Hart, Benjamin Harrison, Abraham Clark. Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. Josiah Bartlett, William Whipple, Matthew Thornton. Samuel Adams, John Adams, Eobert Treat Paine, Blbridge Gerry. Shade Island, tfcc. Stephen Hopkins, William EUery. Oonneeiieut. Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott. NeiB York. William Floyd, PhUip Livingston, Francis Lewis, Lewis Morris. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, G«orge Taylor, James Wilson, George Ross. Csesar Rodney, George Read, Thomas McKean. North Oa/rdWna. William Hooper, Joseph Hewes, John Penn. Bouth Oa/roUna. Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton. Samuel Chase, William Paca, Button Gwinnett, Thomas Stone, [ton. Lyman Hall, Charles Carroll, of Carroll- George Walton. CONFEDEEATION OF THE STATES. On the 11th of June, 1778, upon the appointment of a committee by the Con- tinental Congress to prepare a Declaration of Independence, a resolution was passed for the appointment of another committee to prepare and digest the form of a Confederation to be entered into between the colonies. Upon the 13th, this ommittee was appointed, consisting of one member from each colony, as follows : New Mampshvre — Josiah Bartlett. Dekmwre — Thomas McKean. Maa^aiifvuselM — Samuel Adams. Maryland, — Thomas Stone. HlMde Idand — Stephen Hopkins. Virginia — Thomas Nelson. Connecticut— 'Rogei Sherman. - North Carolina — Joseph Hewes. New York — Robert R. Livingston. South OaroUna — Edward Rutledge. Pennsylvania — John Dickinson. Georgia — Button G-winnett. Francis Hopldnson was appointed June 28th, to represent New Jersey upon this conunittee. The task was delicate and difficult ; but on the 17th of November, 1777, after long discussion and many delays, the Articles of Confederation, as given in the subsequent pages, were agreed upon, and on the 17th were sent out to the States with the following circular letter : " In Congkess, Tokk-Town, November nth, 1777. " Congress having agreed upon a plan of Confederacy for securing the freedom, sovereignty and independence of the United States, authentic copies are now transmitted for the consideration of the respective legislatures. " This business equally intricate and important, has in its progress been attended with imcommon embarrassments and delay, which the most anxious solicitude and persevering diligence could not prevent. To form a permanent Union, accommo- dated to the opinion and wishes of the delegates of so many States, diflfering in habits, produce, commerce and internal police, was found to be" a work which nothing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish. " Hardly is it to be expected that any plan, in the variety of provisions essential to our Union, shoidd exactly correspond with the maxims and political views of every particular State. Let it be remarked, that after the most careful inquiry and the fullest information, this is proposed as the best which could be adapted to the circumstances of all ; and as that alone, which affords any tolerable prospect of general ratiflcation. " Permit us then earnestly to recommend these Articles to the immediate and dispassionate attention of the Legislatures of the respective States. Let them be candidly reviewed under a sense of the difficulty of 'combimng in one general system the various sentiments and interests of a continent divided into so many ' sovereign and independent communities, under a conviction of the absolute neces- sity of uniting all our councils and all our strength to maintain and defend our common liberties : let them be examined with a liberality becoming brethren and 2 10 Confederation of the States. feUow-citlzens aurrouiided by the same eminent dangers, contending for the same Illustrious prize, and deeply interested in being forever bound and connected together by ties the most intimate and indissoluble ; and finally, let them be adj usted with the temper and magnanimity of wise and patriotic legislators, who, while they are concerned for the prosperity of their own more immediate circle, are capa- ble of rising superior to local attachments, when they may be incompatible with the safety, happiness and glory of the general confederacy. " We have reason to regret the time which has elapsed in preparing this plan for consideration ; with additional solicitude*we look forward to that which must be necessarily spent before it can be ratified. Every motive loudly calls upon us to hasten its conclusion. "More than any other consideration, it will confound our foreign enemies, defeat the flagitious practices of the disaffected, strengthen and confirm our Mends, support our public credit, restore the value of our money, enable us to maintain our fleets [andj armies, and add weight and respect to our councUs at home and to our treaties abroad. " , " In short, this salutary measure can no longer be deferred. It seems essential to our very existence as a free people, and without it we may be constrained to bid adieu to independence, to liberty and safety — ^blessings, which from the justice of our cause and the favor of our Almighty Creator visibly manifested in our pro- tection, we have reason to expect, if in an humble dependence on His Divine Providence we strenuously exert the means which are placed in our power. " To conclude, if the Legislature of any State shall not be assembled. Congress recommend to the Executive authority to convene it without delay ; and to each respective Legislature it is recommended to invest its delegates with competent powers, ultimately in the name and behalf of the State, to subscribe Articles of Confederation and perpetual Union of the United States ; and to attend Congress for that purpose on or before the tenth day of March next." The thirteen Articles of Confederation were agreed to by the thirteen States on the following dates, and authority was given to their several delegates to ratify the same in Congress. New Hampshire, New York, Virginia, Delaware and North Carolina, proposed no amendments, excepting that New York added a proviso that the articles should not be considered as binding until all the States had agreed to them. Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina and Georgia, proposed amendments, which were not adopted. J)afes of adoption of the Articles of Confederation Try the States. South Carolina, Feb. 5,1778 Massachusetts, March 10, 1778 New York, Feb. 6, 1778 North Carolina April 5, 1778 Rhode Island, Feb. 9, 1778 New Jersey, Nov. 19, 1778 Connecticut, Feb. 13, 1778 Virginia, Dec. 15, 1778 Georgia Feb. 26, 1778 Delaware, Feb." 1, 1779 New Hampshire, March 4, 1778 Maryland Jan. 30, 1781 Pennsylvania, March 5, 1778 The ratification having been completed by all of the States, the event was formally announced to the public March 1, 1781. The revolutionary form of government, begun in 1774, thus terminated on this date, and the United States entered upon a new form — the Confederate. ARTICLES OF CONFEDERATION AND PERPETUAL UKION" BETWEE3S" THE STATES SUMMARY. Pkeahble. Article 1. Style of Confederacy. Art. 2. Each State retains all powers not ex- pressly delegated to Congress. Abt. 3. Obligations and purposes of tlie league 01 the States. Abt. 4. Freedom of intercourse "between the States — surrender of fugitives from justice — Records, acts, and judicial proceedings of Courts to be received with full faith and credit by other States. Art. 5. Confess — how organized and main- tamed — each State to have one vote — privileges of delegates. Art. 6. No State may send embassies or make treaties — persons holdine; oflQce hot to accept presents, emoluments, or titles from foreign States >— nor shall titles of nobility be granted — no two or more States to mase treaties with- out consent of Confess — no State duties to interfere with foreign trea- ties — restriction upon naval arma- ments and milltaiy forces — militia — arms and munitions — war powers limited and defined. Aet. 7. Military appointments. Art. 8, Eqdalizatiou of war charges and ex- penses for the common defense — based upon the value of land and improvements thereon — taxes to be levied by States. Art. 9. Powers of Congress — declaring peace and war — holding treaties — cap- tures and prizes — Tetters of-marque and reprisal — courts for trial of piracies and felonies on high seas — appeals in cases of captures. Differences between States — mode of choosing commissioners or judges — private nght of soil claimed under two or more States— coining money — weights and measures — Indian affairs — post routes — army — navy ^committee of the States — other ' committees — civil of&cers — presi- dent — public expenses — borrowing money — bills of credit — land and naval forces — quotas based upon a census — States to raise and equip men at expense of United States — ehumeration of measures requiring the-assentof a maj'ority of the States -adjournments of Congress — jour- nals — copies of proceedings to be furnished to States if desired. Abt. 10. Powers of the Committee of the States. Art. 11. Canada allowed to join the Union — other colonies to require the assent of nine States. Art. 12. United States pledged for payment of bills of credit and borrowed moneys. Art. 13. States bound by decisions of Congress — union to be perpetual — changes in Articles to be agreed to by every Siate— ratification and pledge. To ALL TO WHOM THESE PRESENTS SHALL COMB, WE THE UliTDER- SIGN"ED DELEGATES OP THE STATES AEEIXED TO OUR ITAMESj SEND GREETIN'G : — Whereas the Delegates of the United States of America in Congress assembled, did on the 15th day of November, in the year of our Lord 1777, and in the Second Year of the Independence of America,, agree to certain articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts-bay, Ehode Island and Provi- dence Plantations, Connecticut, 'New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and ' Georgia, in the words following, viz. : 12 Articles of Confederation. AeTICLES of COlfFEDEEATION' AKD PEEPETUAL TTNIOK BBTWEElSr THE States of N"ew-Hampshiee, Massachusetts-bat, Ehode Island and Peovides-ce Plantations, Connecticut, New Yoek, New Jeeset, Pennsylvania, Delawaee, Maetland, Vieginia, NoETH Cabolina, South Oaeolina and Gboegia. Aet];cle I. The style of this Confederacy shall be "The United States of America." ^ Aeticlb II. Each State retains its sovereignty, freedom and inde- pendence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States in Congress assembled. Aeticle III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, bind- ing themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. Aeticle IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States (paupers, vagabonds, and fugitives from justice excepted) shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabit- ants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any State, to- any other State of which the owner is an inhabitant; pro- vided also that no imposition, duties or restriction shall be laid by any State> on the property of the United States, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense. EuU faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State. Aeticle V. Por the more couTenient management of the general interest of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a Articles of Confederation. 13 power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. !N"o State shall be represented in Congress by less than two, nor by more than seyen, members; and no person shall be capable of being a delegate for more than three years in any term of six years ; nor shall any person, being a delegate, be capable of holding any oflSce under the United States, for which he, or another for his benefit, receives any salary, fees or emoluments of any kind. Each State shall maintain its own delegates in any meeting of the States, and while they act as members of the Committee of the States. In determining questions in the United States in Congress assembled each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of Congress shall be protected in their persons from arrests and impris- onments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace. Abticle VI. No State, without the consent Of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with, any king, prince or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assem- bled, or any of them, grant any title of nobility. ^ No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties, which may interfere with any stipulation in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any trea- ties already proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary, by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State, in time of peace, except such number only as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State ; but every State shall always keep up a well-regulated and disciplined militia, sufficiently 14 Articles of Confederation. armed and accoutered, and shall provide and have constantly ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded *by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to in-^de such State, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted : nor shall any State grant com- missions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regu- lations as shall be established by the United States in Congress assem- bled, unless such State be infested by pirates, in which case vessel^f war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. Article VII. When land forces are raised by any. State for the common defense, all ofSeers, of or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. Abticle VIII.' All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in pro- portion to the value of all land within each State, granted to or sur- veyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States, within the time agreed upon by the United States in Congress assembled. 'T he Continental Congress recommended, April 18, 1783, the following changes in Article Vm, which were sent out with an address sotting forth the necessity of flie change : but these amendments were never formally adopted : "Article Vm. All charges of war, and an other expenses that have been or shall be incurred for the common defense, or general welfare, and allowed by the United States in Congress assem- bled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasniy which shall be supplied by the several States in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the fore- going description, except Indians not paying taxes, in each State, which number shall be trien- nlally taken, and transmitted to the United States in Congress assembled, in such mode as thev shall direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of me several States, vrithin the time agreed upon by the United States in Congress assembled." Articles of Confebebation. 15 Article IX. The United States in Congress assembled shall haye the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending aiid receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative powei of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what man- ner prizes taken by land or naval forces in the service of the United States shall he divided or appropriated — of granting letters of marque antt reprisal in times of peace — appointing courts for the trial of pii-a- cies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that here- after may arise, between two or more States concerning boundary, jurisdiction, or any other caiise whatever ; which authority shall always be exercised in the manner following : Whenever the legislature or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges, to constitute a court for hearing and determining the matter in question : but if they cannot agree. Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination ; and if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Congress shall proceed to nominate three 16 Articles of Conftidebation. persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sen- tence or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned : provided that every commis- sioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the Supreme or Superior Court of the State, where the cause shall be tried, " well and truly to hear and determine the matter ia question, according to the best of his judgment, without favor, aflfection, or hope of reward :" provided also that no State shall be deprived of territory for the benefit of the United States. AU controversies concerning the private right of soil, claimed under different grants of two or more States, Whose jurisdictions as they may respect such lands, and the States which passed such grants are adjusted the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally detea'mined, as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States' — fixing the standard of weights and measures throughout the United States — regulating the trade and managing all affairs with the Indians, not members of any of the States : provided that the legislative right of any State within its own limits be not infringed or violated — estab- lishing or regulating post-oflBces from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said ofl&ce — appointing all officers of the land forces, in- the service of the 1 The Superintendent of Finance, on the 15th of January, 1782, submitted to the Continental Congress a letter tonchin^ the estahlishment of a mint, which was referred to a committee, and the Superintendent of Finance was directed to prepare and report a plan for tliat purpose. Congress, on the 6th July, 1786, fixed the monej unit of the United States as the dol^ and resolved that the several pieces or money should increase in a decimal ratio, and on the 8th of August, 1786, they fixed the proportion of alloy to he used in coins, the names, weights and values of coins, the mint prices allowed for metals used in coinage, and the device that should he stamped upon the larger gold pieces. Congress at this time ordered the Board of Treasury to report the draft of an ordinance for the estahlishment of a mint, wtiich was considered and passed on the 16th of October, 1786. Articles of Confederation. 17 United States, excepting regimental officers — appointing all the offi- cers of the naval forces, and commissioning all officers whatever in the service of the United States — making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have authority to appoint a committee to sit in the recess of Congress, to be denomi- nated, "a Committee of the States,"' and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years — to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses — to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted — to build and equip a navy — to agree upon the number of land forces, and to make requi- sitions from each State for its quota, in proportion to the number of whit6 inhabitants in such State ; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men, and clothe, arm and equip them in a soldierlike manner, at the expense of the United States ; and the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assem- bled: But if the United States in Congress assembled shall, on con- sideration of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same ; in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall never engage in aj 1 As Congress was abont to adjourn in June, 1784, for a recess until November, a Committee of the states was appointed, and their powers defined. The members, however, soon divided into parties, and then abandoned their post, leaving the government without a visible head. This was the first and last trial of this expedient for conducting the public business. 18 Articles of Confederation. war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or se| forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the same ; nor shall a question on any other point, except for ad- journing from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjoiirnment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several States. Aeticle X. The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress, as the United States in Congress assembled by the con- sent of nine States, shall from time to time think expedient to vest them with ; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled is requisite. Akticlb XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be-^dmitted into, and entitled to all the advantages of this union ; but no other colony shall be admit- ted into the same, unless such admission be agreed to by nine States. Aeticle Xn. All bills of credit emitted, moneys borrowed and debts contracted by or under the authority of Congress, before the assem- bling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States^ for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. Aeticle XIII. Every State shall abide by the determinations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confed- Articles of Confederation. 19 eration shall be inriolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a Congress of the United States, and be afterward confirmed by the legislature of every State. And whereas, it hath pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in Con- gress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union : Know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respect- ive constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual union, and all and singular the matters and things therein contained : And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said confederation are submitted to them. And that the Articles thereof shall be invio- lably observed by the States we respectively represent, and that the union shall be perpetual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia, in the State of Penn- sylvania, the 9th day of July, in the year of our Lord, 1778, and in the 3d year of the Independence of America. JoBiahBartlett, John Hancock, Samuel Adams, Blbrldge Gerry, William Ellery, Henry Merchant, Eoger Sherman, Samuel Huntington, Oliver Wolcott, James Daane, Francis Lewis, Jolm Witherspoon, Bobert Morris, Daniel Eoberdeau, Jonathan Bayard Smith, Thomas McKean, Feb. 12. 1779. John Dickinson, May 5, 1779. John Hanson, March 1st, 1781. Richard Henry Lee, John Banister, Thomas Adams, John Penn, July 21st, 1778. Henry Laurens, William Henry Drayton, John Matthews, John Walton, 24th July, 1778. John Wentworth, Jan., August 8th, 1778. Francis Dana, James Lorell, Samuel Holton, John Collins, Titus Hosmer, Andrew Adam, William Duer, Gouverneur Morris, Kathanlel Scudder, iVilliam Olingan, Joseph Reed, 22d July, 1778. Nicholas Van Dyke, Daniel Carroll, March 1st, 1781. John Harvie, Francis Lightfoot Lee, Coiiielius Harnett, John Williams, Richard Hutspn, Thomas Heyward, Jun., Edward Telfair, Edward Langworthy, I On the part and behalf of the f State of New Hampshire. I On the part and behalf of the f State of Moisachueetts-Bay. ) On the part and behalf of the > &ta,teotBIwde Island and ProiA- ) dence Plantations. I On the part and behalf of the j State of Cotmecticut. I On the part and behalf of the ) State of New York. i On the part and behalf of the >■ State of New Jersey, November ) 26th, 1778. f On the part and behalf of the j State of Pennsylvania. I On the part and behalf of the ( State of Delaware. I On the part and behalf of the ) State ol Maryland. Lon the part and behalf of the State of Virginia. I On the pa r sill. I On the part ipid behalf of the ) State of Nort/i Carolina. I 0i» the part and behalf of the j State of Smt/i, Carolina. I On the part and behalf of the f Smec(f Qeqr,gia. FORMATION AND ADOPTION" OF THE FEDERAL CON- STITUTION. * The Artiro tempore. " (6) Trial of impeachments. " (7) Limitation of judgment — further trial may be had. 4. (1) Elections for Senators and Representa- tives. " (2) Congress, when to meet. 5. (1) Each House to judge of its own elections — quorum — compulsory attendance. " (2)Eules — punishment of members — ex- pulsion. " (3) Journals — yeas and nays when recorded. " (4) Adjournments of Congress. 6. (1) Pay of Senators and Representatives — privileges— freedom of debate. " (2) May not hold certain other offices. 7. (\) Origin of bills for revenue. " f2) Passage of bills — veto power limited. " (3) Concurrent resolutions and votes how passed. 8. Powers of Congress. " (1) Collection of Taxes — Duties — Imports — Excises. '2J Borrowing of money. 31 Regulation of commerce — Indian trade. 4S Naturalization — Bankruptcies. ,51 Coinage — weights and measures. 6) Punishment of counterfeiting. '7) Post-officcB and post roads. '8) Patents — copyrights. ^9) Tribunals inferior to Supreme Court. (io) Piracies — ofitenses against law of Na- tions. *' (U) War powers. " (12) Support of armies — limited to two years. " (13) Maintenance of navy. " (14) Rules for land and naval forces. *' (i4 Calling forth of militia. *'' (l6) Militia discipline — appointments. "(' 5 Authority over future seat of govern- ment. t^ Sections. 8^) Laws for carrying powers into ezecntion. 9. (1) Limitation of slave trade. ,2) Privilege of vrrit of habeas corpus. 3) Attainder — ex post facto laws. '4) Capitation or direct taxes, how laid. 51 Export duties forbidden. 6) Commerce eanal and free between States. '7) Payments from treasury — public ac- counts. " (8) Titles of nobility — presents from for- eign powers. 10. (1) States not to exercise certain national powers. I " (-) Foreign duties — under control of Con- gress. " (3) States not to lay duties — keep troops — make treaties, etc. — may engage in war if invaded. AETICLB U.— Executive Department. 1. (1) Executive power vested in President — term. " (2J Mode of election [obsolete]. " (3; Congress to fix time for choosing elect- ors. 'i) Qualifications of President. 5) Case of vacancy — Congress to provide for certain case. (6) Salary of President. (7) Oath of President. 1^ Commander-in-cbief — otber powers. '2) Treaties — appointing power. .3) Vacancies in ofSce. 3. Message to Congress — other dnties. 4. Kemoval of President and other civil officers. AETICLE m.—Jitdicial Department. 1. Judicial power, how vested— tenure and pay of judges. 2. (1) Jurisdiction of Federal Courts. " (2) Original jurisdiction — appellate juris- diction. " (3)Trialbyjnry— place of trial. 3. fl) Treason defined — how proved. " (2) Punishment of Treason — corruption of blood — forfeitures. ABTICLE rf.— nights and Obligations of the States. 1, Public Acts, Records and Judicial Pro- ceedings of States. [1) Rights of citizens of a State. [21 Surrender of fugitives from justice. [3) Surrender of persons held to service. 3. 0) Admission of new States. " (2) Power of Congress over Territory or other property^ of United States — rights of particular States. 4. Guarantee and protection of Republican form of Government. ARTICLE v.— Mode of Amending the Comtitti- lion. Congress may propose amendments — vote — States may call conventions — Legislatures of three-fourths of States must approve — provisos. Constitution of the United States. 25 ARTICLE \l.—OUigaaonof Debts-and Treaties — Oath 0/ oMce. (1) Existing debts valid as under Confedera- tion. (2) Constitution, Laws and Treaties of tlie TTnited States supreme — Judges in every State bound tiiereby, (3) Officers who are to take an Oatli to support this Constitution— religious tests for- bidden. ABTICLH Yll.—BamicatUm. Nine States may ratify (his Constitution. AMENDMBUTS. I. Beligions freedom. IT. Militia — right to bear arms. m. Quartering of soldiers. IV. Exemptions from illegal seizures and searches. V. liidictments by Grand Jury — witness against one^s self — illegal trials — private property not to be taken for public use. VI. Eights of person accused of crime. Vn. Jury trial in civil causes. Vrn. Excessive bail and fines — cruel punish- ments — unenumerated rights not de- nied or disparaged. X. Powers not delegated to the United States reserved to the States or the people. XI. Judicial power not extended to suits against a State by a citizen of another State or of any foreign State. Xn. Election of President and Vice-President. Xm. Slavery forbidden. XTV. Citizenship defined — representation — exclusion of certain classes from office — validity of public debt— debts incurred in aid of rebellion repudiated — power to enforce amendments. XV. Citizens of the United States entitled to privilege of voting. [For Keferences to tTudicial Decisions and Opinions see Appendix.^ We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general welfare, and secure the Bless- ings of Liberty to ourselves and our posterity, do ordain and estab- lish this CoNSTiTUTioir for the United States of America. AETICLE I. SBCTioiir 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Eepresentatives. § 3. (')* The House of Eepresentatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. (") 'Eo person shall be a Eepresentative who shall not have attai;iied to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.' (') Eepresentatives and direct taxes' shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a *These figures, in brackets, are not in the original, and are added for convenience of reference. We follow in this, the division used in Hickey's edition, which bears a certificate of authentic comparison with the official copy. ■ Direct taxes have been levied upon four occasions, viz. : July 14, 1798, of $2,000,000 I March 5, 1816 for 1816, and afterwards. August \ 1813, of 3,000,000 August 6, 1861, of $20,000,000, annually, but col- January 9, 1815, of $6,000,000 annually ; repealed J lected only one year. 26 Constitution of the United States. term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within eyery subsequent term of ten years, in such manner as they shall by law direct.' The number of Eepresentatives shall not exceed one for eyery thirty thousand, but each State shall have at least one Eepresentative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Ehode-Island and Providence Plantations one, Connecticut five, New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. (*) When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. (') The House of Eepresentatives shall chuse their speaker and other oflScers ; and shall have the sole power of impeachment. § 3. (') The Senate of the United States shaU be composed of two Senators from each State, chosen by the legislature thereof, for six years ; and each Senator shall have one vote.' (') Immediately after they shall be assembled in consequence of the ■ first election, 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 second year, of the second class at the expi- ration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make 1 The ratio of representation and number of Eepresentatives baa been fixed at each decimal census as follows : Census. Date of Apportionment. No. of Eep. Eatio 1 to Date when the Appor- tionment took effect. 1790 April 14, 1792 Jannary 14, 1802 December 21, 1811 Marcb 7, 1822 Hay 22, 1832 Jannary 26, 1842 August 2, 1862 Jug- B, 1861 106 140 181 210 240 223 234 33,000 .33,000 36,000 40,000 47,000 70,000 93,420 126,823 March 4, 1793 1800 1810 " "^ 1808 " " 1813 1820 " " 1823 1830 " " 1833 1840 " " 1843 I860* " " 1853 1B60I- lg';'0 233 " 1863 2 Tbe times and i nanners of electing Senators are fixed 1 y an act of Congress of July 26, 1866. * Apportionment by Secretary of Interior. Ex, Doc. 129, let Sess., 32d Cong. t Apportionment by Secretary of Interior. Ex. Doc. 2, 1st Sess., 37tb Cong. ' By an act approved March 2, 1862, the number of Representatives was Increased to 241, by eiving one additional member to each of the States of Pennsylvania, Ohio, Eentneky, Illinois Iowa Minnesota, Vermont and Bhode Island, ' Constitution of tse United States. 27 temporary appointments until the next meeting of the legislature, which shall then fill such yacancies. (') No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. {*) The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. (') The Senate shall chuse their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. (') The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. "When the President of the United States is tried, the Chief Justice shall preside : and no person shall be convicted without the concur- rence of two-thirds of the members present.' (') Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States : but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. § 4. (') The times, places and manner of holding elections for Sena- tors and Eepresentatives shall be prescribed in each State by the legis- lature thereof; but the Congress may at any time by law make or alter such regulations, except as to the place of chusing Senators. (') The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.* § 5. (') Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall consti- tute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide. {') Each House may determine the rules of its proceedings, punish 1 The following named persons have been tried by tlie Senate of the United States, upon im- peachment of the House of Eepresentatives : 1. William Blount, U. S. Senator from Tennessee, Dec. 17, 1798— Jan. 15, 1799. 2. John Pickering, Judge of the New Hampshire District, March 3-12, 1803. a. Samuel Chase, one or the Associate Justices of the Supreme Court of the U. S., Nov. 30, 1804 — March 1, 1805. , 4. James H. Peck, Judge of the Missouri District, May 11-25, 1830, and Dec. 13, 1830— January 81,1831. 6. Andrew Johnson, President of the United States, February 26— May 26, 1S68. 2 By an act of January 22, 1867, the term of Congress begins at 12 o'clock at noon, on the 4th of March next after election, and a session is held commencing at that time on alternate (odd) years 28 Constitution of the United States. its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member. (') Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, 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. (*) Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. § 6. (') The Senators and Eepresentatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session 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. (^) No Senator or Eepresentative shall, during the time for which he was elected, be appointed to any civil ofi&ce under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any ofiSce under the United States shall be a member of either House during his continuance in oflSce. " § 7. (') All bills for raising revenue shall originate in the House of Eepresentatives ; but the Senate may propose or concur with amend- ments as on other bills. (') Every bill wliich shall have passed the House of Eepresentatives and the Senate, shall before it becomes a law, be presented to the Presi- dent of the United States ; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall ageee to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- sidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be deter- mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each House respect- ively. If any bill shall not be returned by the President 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 Congress by their adjournment prevent its return, in which case it shall not be a law. Constitution of the United States. 29 {') Eyery order, resolution, or vote to whicli the concurrence of the Senate and House of Eepresentatiyes may be necessary (except on a question of adjournment), shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Eepresentatiyes, according to the rules and limitations prescribed in the case of a bill. § 8. The Congress shall have power (') To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ; (') To borrow money on the credit of the United States ; (') To regulate commerce with foreign nations, and among the sev- eral States, and with the Indian Tribes ; (*) To establish an uniform rule of naturalization, and uniform laws on the subject of Bankruptcies' throughout the United States; C) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; (') To provide for the punishment of counterfeiting the securities and current coin of the United States ; (') To establish post-offices and post roads ; (') To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ; (') To constitute tribunals inferior to the Supreme Court ; ('") To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations ; (") To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; ('^) To raise and support armies, but no appropriation of money to that use 6hall be for a longer term than two years ; (") To provide and maintain a navy ; (") To make rules for the government and regulation of the land and naval forces ; (") To provide for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasions; (") To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service 1 Bankrnpt laws have been passed as follows : April 4, 1800. (Repealed December 10, 1803.) Augast A 1841. (Bepealed March 3, 1843.) March 2, 1867. 30 Constitution of the United States. of the United States, reserving to the states, respectively, the appoint- ment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; (") To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; and (") To make all laws which shall be necessary and proper for carry- ing into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. § 9. (') The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohib- ited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.' (*) The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it.' ^ (') No bill of attainder or ex-post-facto law shall be passed. (*) No capitation, or other direct, tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. f ) No tax or duty shall be laid on articles exported fiom any State. (') No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another : nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. (') No money shall be drawn from the treasury, but in consequence of appropriations, made by law; and a regular statement and account 1 ActB tending to tlie termination of the slave trade were passed March 22, 1794 ; April 7, 1798 ; May 10, 1800 ; Februaiy 38, 1803 ; March 25, 1804, and March 2, 1807, the latter being a total pro- hibition after January 1, 1808. 2 Suspension first authorized by act of Congress, March 12, 1863. Proclamation of President under this authority published September 15, 1863, suspending the privilege of the writ of JixiJbeas c&rpus^ during the existing rebellion throughout the United States, in all cases "when, by the authority of the President of the United States, the military, naval and civil officers of the United States, or any of them, hold persons under their command or in their custody, either asprisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen, enrolled, drafted, or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law, or the rules and articles of war, or the rules or regulations prescribed for the military or naval service by authority of the President of the United States, or for resisting a draft, or for any other offense against the militar}' or naval service." Constitution of the Unitev States. 31 of the receipts and expenditures of all public money shall be published from time to time. (') No title of nobility shall be granted by the United States : And no person holding any ofiBce of profit or trust under them, shall, with- out the conseitt of the Congress, accept of any present, emolument, ofiBce, or title, of any kind whatever, from any king, prince, or foreign State.' § 10. (') No State shall enter into any treaty, alliance, or confedera- tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silrer coin a tender in payment of debts ; pass any bill' of attainder, ex-post-facto law, or law impair- ing the obligation of contracts, or grant any title of nobility. C) No State shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws : and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. (') No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. AETICLB II. Seotiok 1. (') The executive power shall be vested in a President of the United States of America. He shall hold his ofiBce during the term of four years, and, together with/ the Vice-President, chosen for the same term, be elected, as follows : (') Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Eepresentatives to which the State may be entitled in the Congress : but no Senator or Kepresentative, or person holding an ofiBce of trust or profit under the United States, shall be appointed an elector. [ ' The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the Presi- dent of the Senate. The President of the Senate shall, in the presence of the Sen- !An amendment jiroposed at the 23 session of the 11th Con gress would, if adopted, have es- tended this prohibition to private citizens. See note nnder Art. Xin of Amendments. s This clause within brackets has been superseded and annulled by the 12th Amendment. 32 Constitution of tbe United States. ate and House of Eepresentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the Presi- dent, if such number be a majority of the whole number of electors appointed : and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quotum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice- President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.] (') The 'Congress may determine the time of choosing the electors, and the day on which they shall give their yotes ; which day shall he the same throughout the United States.' (*) No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the oflQce of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty- five years, and been fouirteen years a resident within the United States. (*) In case of the removal of the President from oflBce, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President," and the.!, Congress may by law provide for the case of removal, death, resigna- tion or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.' (°) The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not re- ceive within that period any other emolument from the United States, or any of them.* 1 This date has 1)6611 fixed as follows ; Ist Tuesday in December ; Act of March 1, 1792. Tuesday after Ist Monday in Noyember : Act of January S3, 1845. 2 Three occasions have happened of this succession, viz.: WrLiiAM H. Hakrisok, JPreAdent, died April 4, 1841 : Johs Ttleb, T.-Pres., took the oath as President, April 6, 1841. Zacuabt TATLOJi, President, died July 9, 1850 : Millakd Fiixhobb, V.-Pres., took the oath as President, July 10, 1850. Abraham Lincoln, President, was assassinated April 14, 1865 : Anbebw Johnson, Y.-Pres took the oath as President, April 15, 18e5. -- ' Congress has provided for this contingency by act of March 1, 1793. The President of the Senate pro tempore,— or if there be none, the Speaker of the House of Eepresentatives, in case of vacancy in the offices of both President and Vice-President, — succeeds to the Chief Executive office. * The President's salary was fixed Feb. 18, 1793, at $85,000, and has not since been changed. Constitution of the United States. 33 (') Before he enter on the execution of his office, he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the " office of President of the United States, and will, to the best of my " ability, preserve, protect and defend the Constitution of the United « States." § 2. (*) The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States, when called into actual sfervice of the United States ; he may require the opinion, in writing, of the principal officer in each of the ex- ecutive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of im- peachment. (') He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint Ambassadors, other public ministers and consuls. Judges of the Supreme Court, and aU other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law : but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Departments. (') The President shall have power to fill up all vacancies that may happen during the recess of the Senate,. by granting commissions which shall expire at the end of their next session. § 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extra- ordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper ; he shall receive Ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commis- sion all the officers of the United States. § 4 The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and mis- demeanors. 34 Constitution of the United States. AETICLE III. Seotiois- 1. The judicial power of the United States shall be rested in one Supreme Court,, and in such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their ofiBces during good behaTior, and shall, at stated times, receive for their services a com- pensation, which shall not be diminished during their continuance in office. § 2. (') The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; — to all cases affecting Ambassadors, other public ministers, and con- suls; — to all cases of admiralty and maritime jurisdiction ; — to con- troversies to which the United States shall be a party; — to contro- versies between two or more States ; — between a State and citizen of another State;' — between citizens of different States, — between citi- zens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. , (') In all cases affecting Ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before men- tioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and uiider such regulations as the Congress shall make. (°) The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. § 3. (') Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on con- fession in open court. (') The Congress 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. • See Article XI, of Amenclments. Constitution of the United States. 35 AKTICLB IV. Section 1. Pull faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof § 2. (') The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. (') A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. f ) No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. § 3. (') New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well, as of the Congress. (^) The Congress shall have poWer to dispose of and make all needful rules and regulations respecting the territory or other property belong- ing to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or any par- ticular State. § 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or Of the executive (when the legislature cannot be convened) against domestic violence. AETICLE V. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Etmendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode 36 Constitution of the United States. of ratification may be proposed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, with- out its consent, shall be deprived of its equal suffrage in the Senate. AKTICLB VI. ♦ (') All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. (•) This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. (') The Senators and Eepresentatives before mentioned, and the members of the several State Legislatures, and all executive and judi- cial ofBcers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any ofSce or public trust under the United States. ARTICLE VIL The ratification of the convention of nine States shall be sufficient for the establishment of this Constitution between the States so rati- fying the same. DoiTE in convention by the unanimous consent of the States presenl^ the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independ- ence of the United States of America the twelfth. Is witkbss whereof we have hereunto subscribed our names. GEOEGB WASHINGTOlSr, President and Deputy from Virginia. New Hampshire. Neu> York. i°'?^^°Sd°n, Alexander Hamilton. Benjamin Fra^in, Nicholas Gilman. Thomas Miflflin Mcmaehuaetts. Robert Morris, Nathaniel Gorham, ^^^ 'T^'^- George Olymer, Ruf us King. William Livingston, Thomas Fitzsimmons, Gormecticut. David Brearley, Jared Ingersoll William Samuel Johnson, WUliam Paterson, James Wilson Roger Sherman. Jonathan Dayton. Qouvemeur Morris. Constitution of the United States. 37 BelmDwre. George Eead, Gunning Bedford, Jr., Jolrn Dickinson, Bichard Bassett, Jacob Broom. John Blair, James Madison, Jr. South OaroliiM. John Butledge, Charles Cotesworth Pinck- ney, Charles Pinckney, Pierce Butler. NorOh CamMma. James McHemy, William Blount, Dan of St. Thos. Jenifer, Richard Dobbs Spaight, Daniel Carroll. Hugh Williamson. Attest, "WTT.T.TATir Jackson, Seoretasry. [Rhode Island •was not represented in the Convention. The following named delegates from other States attended but did not sign the Constitution: "William Few, Abraham Baldwin. Ma,ssach'us6tts. Elbridge Gerry, Caleb Strong. Oormectieat. Oliver Ellsworth. Neuo York. John Lansiag, Jr., Robert Yates. N&u) Jersey. ■WiUiam C. Houston. John Francis Mercer, Luther Martin. George Wythe, James McOlurg. Jfffiih GaroUna. Alexander Martin, William R. Davie. Edmund Randolph, George Mason, William Pierce, William Houston. Of the 63 delegates originally appointed to this Convention, 10 did not attend, but two of these had their places filled by others. Of those who attended, 39 signed the Constitution and 16 did not. Messrs. Lansing, Tates and L. Martin left the Convention before it adjourned.] 38 Constitution of tee United States. AMENDMENTS TO THE CONSTITUTION OF THE TTlflTED STATES OF AMERICA. Proposed ly Congress, and ratified ly the Legislatures of the several States, pursuant to the fifth article of the original Constitution.^ AETICLB I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assem- ble, and to petition the goyemment for a redress of grieyanoes. ARTltiLE II. A well regulated militia being necessary to the^ security of a free State, the right of the people to keep and bear arms, shall jiot be infringed. ARTICLE III. No soldier shall in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 1 Twelve amendments were proposed by the first Congress at its first session. Of these the last ten only were finally adopted. Seven States ratified the whole; three States, all but the first two, one State all bat the first, and one State all but the second. Three States did not ratify either. The dates of ratification by the several States were as follows : New Jersey, November 80, 1789 The whole number. Maryland, .December 19, 1789 The whole number. North Carolina, December 22, 1789 The whole number. South Carolina, January 19, 1790 The whole number. New Hampshire, January 25, 1790 The last ten only. Delaware, January 28, 1790 The last eleven only. Pennsylvania March 10, 1790 The last ten only.* New York, March 27, 1790 ;...The last ten only. Bhode Island, June 15, 1790 The last ten only. . Vermont, November 3,1791 The whole number. Virginia, December 5, 1791 The whole number. Kentucliy, June 27, 1792 The whole number. Not ratified by Maesachusetts, Connecticut and Georgia. The failure of the first two articles changed the numbering of those that followed, so that the tMrd became the first, and so on to the twdfth, which became the tenOi. The rejected artides were as follows : " 1. After the first enumeration required by the First Article of the Constitution, there shall be one Eepresentative for every 30,000, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall not be less than one hundred Representatives, nor less than one Representative for every 40,000 persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Rep- resentative for every 50,000 persons. "2. No law, varying the compensation for the services of the Senators and Representativus. shall take effect, until an election of Representatives shall have intervened." *The first. amendment waa subsequently adopted by this State, Sept. 21, 1791. Constitution of tbe United States. 39 AETICLE IV. The rigM of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. AETICLE V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, 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; nor, shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law ; nor shall private property be taken for public use, without just compensation. AETICLE VL In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the wit- n-esses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. AETICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. AETICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. AETICLE IX. The enumeration in the Constitution, of certain rights, shall not ' be construed to deny or disparage others retained by the people. 40 Constitution op tbe United States. AETICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respect- iTely, or to the people. AETICLE XU The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. AETICLE XII.» The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distract lists of all persons voted for as President, and of aU persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ; the President of the Senate shall, in presence of the Senate and House of Eepresentatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Eepresentatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Eepresentatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in 1 The Blefventh Article was proposed by Congress, March 12, 1794, in the Ist Session of the third Congress, and was declared in force, January 8, 1798, by a message from the President addressed to (S)ngress. This amendment was caused by the decision in CMslMm v. Georgia, in 1793 (2 I>allas, 419, 475), in wliich it was decided that a State conld be sued by a citizen of another State. This decision gave so much dissatisfaction to Georgia, that the legislatare carried its opposition to an open defiance of the Judicial authority of the general government. - The Twelfth Article was recommended for adoption by the Eighth Congress, at its first ses- sion, and having received the ratification of three-fourths of the States was declared valid Sep- tember as, 1804, by public notice of the Secretary of State. Constitution of tse United States. 41 the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII.\ Sbctioit 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly con- 1 The Thirteentli Atticle of Amendment was proposed by joint resolution of Congress, approved FebruaiT 1, 1865, and was declared to be fully ratified, by an official announcement of the Secre- tary of State, dajied December 18, 1865. In the following table, the dates not inclosed in brackets are from the official publications of laws of the several States^ and are, in every instance, the dates of final approval or complete rati- fication. Those dates which are thus marked, are from newspapers, and other publications not official, and maj be found liable to correction in some instances : Alabama* Batified... December 2, 1865. Mississippi.. Arkansas " ..April [51, 1865. California " ...December 18, 1865. Connecticut " ...May 5, 1865. Delaware Eeiected..I'ebruary 8, 1865. Florida Batifled...December t28],1865. Georgia, Illinois. Indiana. Iowa Kansas. Kentnckyt Eejected.J'ebruary Louisiana Eatifled...Febrnary ..December 9, 1865. ..February 1,1865. ..February "" ' ...January , ..February Maine.. Maryland Massachusetts. .. Michigan Minnesota ..February ...February ...February ...February ...February 16. 1865. 24. 1866. 7, 1865. 24,1865. 17, 1865. 7, 1865. 3, 1865. 8, 1865. 2, 1865. 11, 1865. Missouri. Nevada. New Hampshire.. New Jersey NewTorkJ North Carolina... Ohio Oregon Pennsylvania Khode Island South Carolina... Tennessee Texas Vermont Virginia^ West Virginia Wisconsin Eatlfled...Febmary ..February ...July ...January ...February ...December ...February ...December [lli; 1865. ...February 8, 1865. ...February 2, 1865. ..November [131, 1865. ■ ■• [al- io, 1865. 16, 1865. 1, 1865. 23, 1866. 8, 1865. 4, 1865. 10, 1865. ...April ..March ...February . .February ...February , 1866. 9, 1865. [9], 1865. 3, 1865. 1, 1865. Upon two prevl oua occasions, amendments were proposed, which were to have been designated as "Article xm," had they been adopted. The first of these, proposed at the 2d Session of the 11th Congress, was published in an edition of the laws, by Bioren and Duane, In 1815, under the belief that it had been adopted, although It appeared by a message of the President, dated Feb- ruary 4, 1818, in answer to a resolution of inqniry, that but twelve of the States had adopted it, viz. : Maryland, December 26, 1810 ; Kentucky, Jan. 31, 1811 : Ohio, Jan. 31, 1811 ; Delaware, Feb. 2, 1811 : Pennsylvania, Feb. 6, 1811 : New Jersey, Feb. 18, 1811 ; Vermont, Oct. 24, 1811 : Tennessee, Nov. 21, 1811 ; Georgia, Dec. 13, 1811 : North Carolina, Dec. 23, 1811 ; Massachusetts, Feb. 27, 1812, and New Hampshire, Dec. 10, 1812. It was rejected by New York, March 12, 1812, and by Rhode Island, Sept. 15, 1818. In Connecticut, South Carolina and Virginia it was submitted to the Leg- islatures, but in neither of these States was it ratified. The amendment proposed was as follows : "Article xih If any citizen of the'Unlted States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be mcapable of holding any office of trust or profit under them, or either of them." As a measure of conciliation to the States then on the eve of rebellion. Congress by Joint Reso- lution, approved March 2, 1861, recommended the adoption of the following : ' " Abticlb Xin. No amendment shall be made to the Constitution, which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof including that of persons held to labor or service, by the laws of said State." This proposed article was ratified by Maryland, January 10, 1862, and by "Restored Virginia," February 13,1862. In New Hampshire, Vermont, and some of the other States, it was considered, but without definite action being taken ; but by the maj ority of the States, both North and South, It was altogether disregarded. * Batified with the express understanding " that It does not confer upon Congress the power to Megislate upon tbe political status of freedmen " in the State. fThe governnr, In returning the resolution, expressed his belief that slavery was ended; but as he did not consider his assent to be necessary, he did not dissent. An unsuccessful attempt was made to rescind the resolution, but by another resolution, passed February 13, 1866, the former action of the legislature was declared final. J The date given is that of concurrent resolution. It was further approved by an act, April 2,1S65. 43 Constitution of the United States. victed, shall exist within the TJnited States, or any place subject to their jurisdiction. § 3. Congress shall haye power to enforce this article by appropriate legislation. AETICLE XIV. ' Section' 1. All persons born or natiltalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Ko State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the law. § 3. Eepresentatives shall be apportioned among the several States according to their respective numbers, counting the whole number of 1 The Pourteentli Article of Amendment was proposed Ijy a joint resolution of ConsreBS, passed by the Senate June 8, 1866, by a vote of 33 to 11 (not voting, 5) ; and by the House, June 13, 1866, by a vote of 138 to 36 (not voting, 10). The amendment was received by the Secretary of State, June 16th, and sent out by him' to the several States for their actioll, under the direction of- Con- tress, without being first submitted to the President. The latter, in a message to Congress, June 3d, expresseidoubta as to the validity of this proceeding, and remarked that the action of the Secretary of State should be considered as purely ministerial, and as in no sense whatever com- mitting the Executive to an approval or recommendation of the proposed amendment. The following table shows the dates of ratification or rejection 'by the several States. The dates given are those of complete and final action, and are from ofiicial records, excepting those in brackets, which, being from unofficial sources, may be liable to correction : Alabama /... Eatified...July [13], 1868. ArVnnRns J Kejected..Decem'r 15-17, 1866. Arkansas .j Eatified...April 6, 1868. California Connecticut Katified... June Delaware Eejected..February ■pinriflo i Rejected. December *'""''* ) Ratified ..July Missouri Batified...Jannary 80, 1866. [7], 1867. 6, 1866. 31, 1868. j Rejected. November [13], 1866. Kebraska. Nevada New Hampshire.. New Jersey* New York. ...June ...January ..July 6, 1867. 17, 1867. 38, 1867. 7, 1866. ...September 11, ] ...January 10, 1867. ■ ) Batified...July " .. January " ...January " ...April . . January Georgia.. Illinois ,. Indiana.. Iowa Kansas .., Kentucky Rejected..January L-'--" ]S?d':j^l'y'"'"^ Maine Ratified. ..January Maryland Rejected.. March Massachusetts Ratified.. .March Michigan " ...February Minnesota " ...Pehruary 15, 1868. [15], 1867. 29, 1867. 3, 1868. [18], 1867. [10], 1867. 9, 1867. 9, 1868. 19, 1867. 20, 1867. 15, 1867. 4, 1867. 31, 1867. North r«rnliTni /Rejected. December 14, 1866. JNortn Carolina. -[Ratified.. July 4, 1868. Ohiot " ...January 11,1867. Oregon " ...September 19,1867. Pennsylvania " ...February 13, 1866. Rhode Island " ...February 7, 1867. Smith rarnlinn J'Rejected..December [20], 1866. bouth Carolina, -j gatifled ..July It, 1868. Tennessee Ratified. ..July [19], 1866' m„„. fRejeoted..Noyember 1, 1866. j-cAus 1 -DB+sflnj 1870 80, 1866! [9], 1867. 1870. [16], 1867. [13], 1867. I Ratified .. Vermont Ratified.. .October 18, 1867. virmnia ;Rejected..Jannary 20,1867. Virginia tBatifled.. West Virginia.... Wisconsin.. ...January ...Febniary ihave This article was officially declared by the Secretary of State, on the 20th of July, 1868, to 1 been adopted by the requisite number of States, if the resolutions of the legislatures of Ohio and New Jersey, ratifying the amendment, were to be considered as remaining m force notwithstand- ing the subsequent action of these States, purporting to withdraw their consent to such ratifi- cation. A concurrent resolution was passed in Congress on the 21st of July reciting that the legisla- ires of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, ■ an COD TWicin/\Tii*l Tni^ifiTici ^"hi r\ "nim/Nio ^^iri-n ADj-i^n ^T^^wt X^*-*^1t- TXTi fiAA*^A.Sw. "P^TinflvlTTOTiio "w^xnfia tures 1, Missouri, Indiana, Ohio, Illinois, Minnesota, New York, 'Wisconsin, ' Island, Michigan, Nevada New Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas^ Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the States of the Fmon, had ratified this amendment, and declaring it to be a part of the Con stitution. The Secretary of State, accordingly, on the 28th July, declared it fully adopted. * Consent withdrawn March OT, 1868. 1 Consent withdrawn January 15, 1868. Constitution of tbe United States. 43 persons in each State, excluding Indians not taxed. But when the right to Tote at any election for the choice of electors for President and Vice-President of the United States, Kepresentatiyes in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens^ shall bear to the whole number of male citizens twenty-one years of age in such State. § 3. No person shall be a Senator, or Eepresentative in Congress, or elector of President, Vice-President, or hold any ofiQce, civil or mili- tary, under the United States, or under any State, who, having pre- viously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an execu- tive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or giv -n aid or comfort to the enemies thereof: But Congress may by a vote of two-thirds of each House remove such disability. § 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. § 5. The Congress shall have power to enforce, by appropriate legis- lation, the provisions of this article. AKTIOLE XV.' Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. 1 The Fifteenth Article of Amendment was proposed by a. joint resolution of Congress, finally passed in the House February 25, 1869, by a vote of 144 to 44— (not voting, 35) ; and in the Senate February 2fi, by a vote of 39 to 13. It was officially declared, as adopted, by the Secretary of State, and proclaimed by the President, March 30, 1870. The dates of final ratification or rejection by the several States are given in the following table, in which the dates in brackets, being from sources not official, may in some cases require correction : Alabama Eatifled...November 16, 1869. Arkansas " March 30, 1869. California Rejected.. 1869. Connecticut Eatified...May 19, 1869. Delaware Eejected. March Florida Ratified. ..June 18, 1869. 15, 1869. fJonrma J Bejected..March [18], 1869. ueorgia...,. -j Katifled...February [3]; 1870. 44 Constitution of the United States. § 2. The Congress shall have po-wer to enforce this article by ap- propriate legislation. niiQOis Batifled.. Indiana* " Iowa " Kansast " Kentucky Bejected Louisiana Batified.. Maine "" Maryland Eejected Massaclmsette Batifled.. Michigan " Minnesota. " Mlssounf. Batified... Nebraska " Nevada " New HampaUre .. .March S, May [13-14], January 26, February 27, March [11-121, .March 6, March 12, .February — . .March March January January .March February March July 1869. 1869. 1870. 1869. 1869. 1869. 1869. 1870. 1869. 1869. 1870. 1870. 1869. 1870. 1869. New Jersey Eejected. New York § Batifled.., North Carolina ... " oMo ;|ii^^t^: Oregon .' Pennsylvania Batifled.. |Bhode Island %outh Carolina ... Tennessee Q Texas Vermont Virginia West Virginia Wisconsin Jebroary April M!arch ..May January .March January March February October October March March 7, 1870. 14. 1869. 6, 1869. 4, 1869. 20. 1870. 26. 1869. 18. 1870. 16, 1869. 18, 1870. 20, 1869. 8, 1869. 3,1869. 0, 1869. * On the 4th of March the Beniocratic members of the legislature resigned, to defeat the adoption of the XVth Article of Amendment. It waa adopted by the remaining members. (The phraseology changed in second section. Defective : only the first section being acted upon. Again ratified, January [71, 1870. Withdrew consent, January 5, 1870, by a vote of 16 to 13 in Senate, and 69 to 56 in A]BBembly. Kejected in the House, November 16, 1869, by a vote of 12 to 57. Aeferred to a committee in the Senate, November 24, 1869, and not reported. ALABAMA. That portion of the present State of Alabama north of the line of 31° north lati- tude, was formerly included within the territorial limits of Georgia and South Carolina, and that south of 31°, originally belonged to the French proviuce of Louisiana, and afterward was included in the British province of West Florida. In 1783, the Ploridas were ceded by Great Britain to Spain, and this portion was again placed under the government of Louisiana, then a Spanish province. The first settlement within this State was made by the French upon Dauphlne Island, about 1698. The changes of boundary, jurisdiction and form of government of Alabama, have been as follows : 1787, March 8. — South Carolina instructed her delegates in Congress to convey to the United States her territory between the mountains and the Mississippi river, reserving to her grantees such cessions as had been previously made. 1790, April 7. — "Mississippi Territory" was formed; bounded east by the Chattahooche, south by the parallel of 81° north latitude, west by the Mississippi river, and north by a line running east from the mouth of the Yazoo river to the Chattahooche. Commissioners were to be appointed to adjust the claims of Georgia west of the Chattahooche, south of the South Carolina cession, and north of 31° north latitude. 1803, March 27. — The portion between the State of Tennessee and Mississippi Territory, annexed to the latter. 1812, May 12. — That portion of the I^ouisiana purchase south of 31° north latitude, annexed to Mississippi Territory. 1812, June 17. — Congress asked the consent of Georgia for the formation of two States from Mississippi Territory. 1813, Februa/ty 12. — Congress authorized the President to take military pos- session of that part of West Florida lying west of the Perdido river. This was done under the claim that it had belonged to Louisiana, and therefore that it had been acquired by the purchase of 1803.' 1817, March 1. — The western part of Mississippi Territory allowed to form a State government. The dividing line to be the same as that now between the States of Mississippi and Alabama. 1817, March 3. — " Alabama Territory " formed out of the eastern part of Mis- sissippi Territory. The capital was located at St. Stephens, untU the Legislature should otherwise direct. 1819, Mwrch 2. — The inhabitants of Alabama Territory authorized to form a State government. Certain propositions were submitted to the people, which, if accepted, were to be binding upon the United States. They related to section sixteen for schools ; salt spring reservations, the construction of roads and canals, and a seminary of learning, for which grants of land were offered. All unap- propriated lands were reserved by the United States, and free from taxes five years ; the lands of non-residents were not to be taxed higher than those of resi- dents, and 1,620 acres were given for a seat of government. 1 The question of early title was f nlly discussed in Congress during the passage of tMs act and upon previous occasions. The speech of Henry Clay in the Senate, December S, 1810, has mufib hfstoilcal information on the subject. 4G Alabama. A Convention thus authorized, met on the 5th of July, and on the 2d of Au- gust, 1819, completed the first State Constitution of Alabama, which was ratified by the people, and approved by Congress. The State was admitted into the Union by a joint resolution of Congress, approved December 14, 1819. The Constitution of 1819 was in many respects similar to that of Mississippi, and was amended by the General Assembly in 1830, 1846 and 1850. Representa- tives were to be not less than 44 nor more than 60 in number, elected annually, untU. 1846, when their term was changed to two years, and their sessions made biennial. Senators were to be npt less than one-fourth nor more than one-third the number of Representatives, and were elected for three years — one-third annually. In 1846 their term was extended to four years, one-half elected bien- nially. Representatives were to be equalized by a census of whites, taken in 1820, 18^3, 1826, and once in six years after. In 1850, the interval of the census was changed to ten years (1855, &c.), and the numbers of the two Houses were not to exceed 100, and 33 respectively. The tenure of judges was during good behavior until 1830, when their term was fixed at six years. The first session of the G-eneral Assembly was to be held at Huntsville,- and after that at Cahawba until 1825, in which interval it was to be permanently located by law. The capital was first established at Tuscaloosa ; but in 1846, the restriction of permanence was removed, and the next year it was transferred to Montgomery. On the 7th of January, 1861, a convention met at Montgomery, and on the 11th it passed an ordinance of Secession, by a vote of 61 to 39. A proposition to stib- mit it to the people was lost by a vote of 47 to 53. Changes were made in the State Constitution to adapt it to the new relation. On the 13th of March, 1861, the convention ratified the " Confederate " Constitution. Restrictions upon commercial intercourse with Alabama were removed by proclamation of President Johnson, AJSril 29, 1865, and on the 21st of June, he appointed Lewis E. Parsons as Provisional Governor. On the 20th of July, 1865, Governor Parsons issued a proclamation, fixing Au- gust 31 for an election for a Convention, at which election no person could -frote, or be a candidate who was not a legal voter on that day; and if excepted from the benefit of amnesty under the President's proclamation of May 29, 1865, he must have obtained a pardon. Persons could vote only in the county of their residence, and not before taking the oath of amnesty prescribed by the Presi- dent, which was as follows : " I, , do solemnly swear (or afilrm), in the presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States, and the Union of the States thereunder ; and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebeUion, with reference to the emancipation of slaves : so help me God." A Convention thus elected met September 12, 1865, at Montgomery, and on the 25th, the ordinance of Secession of 1861 was declared nuU and void. The Con- vention remained in session untU September 30th ; made sundry changes in the Constitution, which were not submitted to the people, "and passed fifty -two ordinances, most of which related to the current business of their body, on the peculiar circumstances of the State at the time. Slavery was aboUshed, and the rebel debt repudiated. On the 20th of November the Legislature met, and on the 2d of December Article XIII of Amendments to the Constitution of the United States was ratified, "with the understanding that it does not confer upon Congress the power to legislate upon the political status of freedmen " within the State. The acceptance of this amendment by Alabama completed the requisite Alabama. 47 number to give validity to this article as a part of the Constitution of the United Governor Parsons was relieved by an order, dated December 18th, 1865, and directed to transfer the papers and property belonging to flie State to Robert M. Patton, the newly elected Governor, whose inauguration had been authorized by President Johnson on the 10th of December, and took, place on the 13th of that mouth. The transfer occurred on the 20th, and was duly announced by the proclamation of the retiring Governor. These reconstruction measures, as in other States, were not approved by Con- gress, and under an act passed March 2, 1867, over ISie President's veto, entitled, "An Act to provide for the more efficient government of the Rebel States," Alabama was included in the Third Military District. By this act, a military government was established in these States, with assurances of protection to all persons in their rights of person and property, and the preservation of the puja- llc peace. The people were authorized to form State Constitutions in conformity to the Constitution of the United States, to be framed by Conventions of dele- gates electied by the male citizens thereof, twenty-one years old and upwards, of whatever race, color, or previous condition, who had resided in the State one year previous to the day of election, excepting such as were disfranchised for par- ticipation in the rebellion, or for felony at common law. These Constitutions were to provide that the elective frauctiise should be enjoyed by all persons authorized to vote for delegates, and when duly approved by the people and by Congress, and when these States should have duly ratified the Fourteenth Amendment to the Constitution of the United States, such States were to be admitted to represeritation in Congress. No person excluded from holding office under the proposed amendment could be elected to the Convention, or vote for members of such Convention. The civil governments that had been estab- lished were declared provisional only, and subject to be abolished, modified, controlled or supeseded at any time, by the authority of the United States. By an act supplementary to the above, passed March 23, 1867, it was provided that before September 1, 1867, the commanding General in each military district should cause a registration of votes to be made, and prescribed a form of oath to be taken by those registered as voters. After the completion of such regis- tration, an election was to be held for delegates to a Convention for the purpose of establishing a Constitution and civil government for such State, loyal to the Union ; but electors not desiring a Convention might vote against the measure, and if a majority should thus vote, no Convention was to be held. The Constitution that might be prepared was to be submitted for approval or rejection by the registered voters (at least one-half of those registered voting thereon), and if thus approved it was to be laid before Congress, and if found to be in conformity with law, it was to be approved by that body, and the State was to be declared entitled to representation. Under this authority a registration of ] 66,685 voters was made in 1867.' The calling of a Convention was approved by a vote of 90,283 to 5,628. Of those who voted for the Convention, 18,553 were whites, and 71,730 colored. The Convention assembled at Montgomery, November 5, 1857, and prepared the Constitution given in our text.^ Before submitting it to the people, 3,948 names had been added to the registry, making the total number at the time of the election upon the question of adoption, 170,631. This election was held Feb- 1 According to Gen. Meade's Report, Ex. Doc. 238, 3d Sess., 40tli Oong. A table by countlesi given in the Tribune Almanac for 1868, p. 63, gives a total of 78,718 white and 88,843 ooloraU voters registered. 2 This Convention consisted of 108 members, of whom 16 were colored. 48 Alabama. ruary 4, 1868, and in makingHhe returns, two counties (Dale and Henry) failed to report ; the boxes in one county (Lowndes) were stolen, and in one (Sumner), the vote was rejected as illegal. Deducting these four counties, the registiy amounted to 156,945. The vote cast in the remainder of the State was 70,812 /or and 1,005 against ; making a total of 71,817.' Of those who voted, 6,702 were whites and 62,194 colored, the remainder not being separately distinguished. Of the whites, 5,802 voted /or, and 900 against the Constitution : and of the col- ored 62,089 voted /or and 105 against it." But the law required that one-half of the registered voters must vote at the election, either for or against, and as one- half of those registered (deducting the four counties) was 78,473, the total vote was found to be 8,114 short of this number, and the election was therefore held by Gen. Meade to have failed on this account. A violent storm on election day was supposed to have kept many persons from voting, while others were deterred by the influences employed to defeat its adoption. The vote, as subsequently allowed, gave 80,318 /or to 1,005 against. The Constitution was received in Congress February 24, 1868, and the State, with others, was, by an act passed June 25, 1868, over the President's veto, de- clared entitled to the admission of its representatives in Congress, whenever the Legislature should have duly ratified the Fourteenth Article of Amendment to the Constitution of the United States, and upon the following fundamental con- ditions : " That the Constitutions of neither of said States shall ever be so amended or changed as to deprive any citizens or class of citizens of the United States of the right to vote in said State, who are entitled to vote by the Constitu- tion thereof herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State ; Provided, That any alteration of said Constitution may be made with regard to the time and place of residence of voters." The act was to take effect upon the ratification of the Fourteenth Article of Amendment, of which official notice was to be given to the President, whose duty it was made, within ten days after, to issue a proclamation announcing the fact. The President accordingly, on the 20th of July, 1868, issued a proclamation certifying that he had been notified by the Governor of Alabama that the amend- « ment had been ratified and approved on the 13th of July of that year. 1 According to Gen. Meade's Report, Ex. Doc. 238, 2d Sese., 40tlx Cong. A table by conntiee, given in the Tribune Almanac for 1868, p. 63, gives a total ol 72,748 white and 88,243 colored voters registered. 2 The World Almanac for 1870 gives the vote on the Constitution as 68,891 for (Eep.), and 856 against (Dem.). Of the former, 6,189 were white and 62,152 colored ; of the latter 695 were white and 130 colored. Constitution .OF Alabama, 1868. 49 CONSTITUTION OF ALABAMA, 1868. SUMMARY. Abticlis. I. Declaration of Bights. n. State and County Boundaries, m. Siatribntlon of the Powers of Govern- ment. IV. Legislative Department. V. Executive Department. VI. Judicial Department. Vn. Elections. Vm. Representation. IX. Taxation. X. Militia. XI . Education. Xn . Industrial Resources. Xm. Corporations. XIV. Exempted Property. XV. Oath of Office. XVI. Amendments to the Constitution. PREAMBlE. ARTICLE l.—DedaraUm'cf Bights. Sections. 1. Equality of all men — inalienable rights. 2. Citizens of the State. 5. Origin of political power — right to change form of government. 4. Right of worship. 6. Religion not to be established by law. 6. Freedom of si)eech and of the press. 7. Security against unlawful seizures and searches. 8. Rights of persons accused — trial by jurj^ — evidence against one's self — protection of law. 9. Arrests and punishments to be legal. 10. Prosecution by information, with excep- tions — cases in which a grand jury may be dispensed with. 11. No second trial for same offense. 12. Right of prosecution and of defense. 13. Right of trial by jury. 14. Truth maybe given in evidence — libels — jury to determine the law and the facts. 15. Courts to be open — right of justice. 16. Suits against the State. 17. Excessive bail — cruel or unusual punish- ments. 18. Eight of bail — excessive bail not to be im- posed. 19. Privilege of habeas corpus. 20. Treason deflned — how proved. 21. Attainder— corruption of blood— forfeitures. 22. Imprisonment for debt. 23 Suspension of laws. 24. Ex-post-facto laws— obligation of contracts. 25. Private property, when taken for public use -right of way— internal improvements. 26. Navigable waters free. 27. Right of assembly— of petition. 28' Right to bear arms in defense of self or State. 29. Exemption from military service. 30. Standing armies^ subordination of military to civil power. 31. Quartering of soldiers. 32. Titles of nobility— hereditary distinctions- property qualifications — offices limited to good behavior. 7 Sections. 33. Emigration free— no citizen to be exiled. 34. Residence not forfeited by temporary ab sence. 35. Slavery prohibited. 36. Protection of elective franchise. 37. Paramount allegiance to United States. 38. Rights retained by the people. ARTICLE n. — State and County Boundaries. 1. Boundaries of State described. ' 2. County boundaries formed by legislature —new counties not less than 600 square miles^must be entitled to one member. ARTICLE m.— Distribution of Powers of Gov- ernment. \ 1. Legislative, executive and judicial powers- departments must be kept distinct. ARTICLE IV.'-Legislative Department. 1. Power vested in Senate and House of Rep- resentatives. 2. Style of laws — must embrace but one sub- ject—to be expressed in title — revision or amendment of laws. 3. Time of election — term of office. 4. Representatives must be electors, 5. Qualification of Senators. 6. Powers of each house — presiding officers — judge of qualifications — contested elec- tions. 7. Quorum — absent members. 8. Rules- disorderly conduct — expulsion 9. Power over persons not members, 10. Journals — publication — yeas and nays — right of protest. 11. Privilege from arrest, on civil process, 12. Vacancies. 13. Sessions to be with open doors. 14. Adjournments. 15. Origin of bills— passage — signature— bills for raising revenue. 16. Approval of Governor — veto power. 17. Governor to sign orders, resolutions and votes of concurrence. 18. Pay of members. 19. Restriction uj)on holding other offices. 20. Disqualifications of eligibility to General Assembly. 21. Sessions annual — limited. 22. Elections by General Assembly viva voce. 23. Impeachment — limit of judgment. 24. Trial of impeachments. 25. Laws for appointment of arbitrators. 26. Penal code. 27. Revision and publication of statutes. 28. Suppression of dueling. 29. Deductions from salaries of public officers. 3D. Divorces. 31. Payments from Treasury — receipts and ex penditures. 32. Borrowing of money — loan of credit. 33. Public improvements. 34. Maintenance of the poor. 35. Disqualifications from dueling. 36. Restraint upon municipal corporations, 37. Annexation of territory. 50 Constitution of Alabama, 1868. AETICLE y.—Executioe Department. Suctions. 1. Officers of Executive Department— how chosen. 2. Terms of office. 3. Eetm-ns of election — canvass — contested elections. 4. Supreme executive power vested in Governor 5. Laws to be faithfully executed. 6. May require information from officers. 7. To communicate by message to General As- sembly. 8. May convene General Assembly. 9. May adjourn General Assembly in certain case, 10. Commander-in-chief. 11. Pardoning power — limit in case of treason — reports to General Assembly. 12. Great Seal. ^ 13. Grants and commissions to be sealed and 14. Governor may not hold certain offices. 15. Lieutenant-governor, when to act as Gov- ernor. 16. Lieutenant-governor President of Senate. 17. President of Senate, when to act as Governor 18. Vacancies in other offices of Executive De- partment. 19. Salaries of officers of Executive Department. 20. Annual reports to General Assembly. 21 . Sheriffs — election — term — vacancies., AETICLE TL— Judicial Bepartmmt. 1. Judicial power, how vested, 2. Supreme Court— jurisdiction; Place for holding Supreme Court. Circuit Courts. Jurisdiction of Circuit Courts. Times and places for holding Supreme Courts writs of injunction. Court, or courts, of Chancery — districts. Times and places for holding Chancery Courts. Courts of Probate — contracts for labor. Salaries of Judges. Election of Judges —vacancies. Term of Judges — removal from office. Justices — constables — term — jmisdiction — notaries public. Judges conservators of the peace. Clerks of courts ---registers. Attorney-General — duties. A solicitor in each county. Election of clerks — vacancies. Style of processes. AETICLE Tn..—Meclions. Elections to be by ballot. Qualiiication of electors. Registration of electors — exclusions. Oath of persons registered. Privileges of electors. Prohibition of intoxicating liquor at elec- tions. . EetmTis of elections. AETICLE vm. — Bepresmtation. , House of Ee]>resentative8— number — census — apportionment. . Present apportionment by counties. , Senators — number— districts. . Classes of Senators. , Present Senatorial Districts. . Congressional Districts. AETICLE IX.— 7tea(io«. . Taxes to be in exact proportion to value of property — a poll tax may be laid. , Power to levy taxes cannot be delegated. AETICLE %.—MUUla. Sections. 1. Persons liable to military duty. 2. General Assembly to provide for organizing militia. 3. Election or appointment of officers. 4. Governor to be Commander-in-chief. 5. Generals— staff officers -— removals from office. 6. "Volunteer" and "reserve" militia. 7. Privileges on account of military service. 8. Pay not allowed when not in active service. • ARTICLE 'Kl. — EducaHm.. 1. Board of Education — how composed. 2. Superintendent of Public Instruction — his duties — mode of election — office. 3. Term of members of board — classes. 4. Mode of election. 6. Legislative powers in reference to education. 6. Schools to be established — school ages. 7. Majority must concur — style of acts. 8. Board to be a body corporate — its style — also to be Board of Eeg^nts of the Uni- versity. 9. Sessions of Board — pay of members. 10. Proceeds of public lands — other sources of school fund. 11. One-fifth of annual revenue also applied. 12. Poll tax authorized for school fund. 13. Specific taxes in aid of school fund. 14. Agricultural college. AETICLE Xn.— Industrial Beamerces. 1. Bureau of Industrial Eesources. 2. Commissioner to collect information — geo- logical survey — reports — publications. 8. Laws tor government of Bureau. 4. To be located at the Capital — annual reports, 5. Vacancy in office of Conunissioner. AETICLE xm. — CoDporatiam. 1. May be formed under general acts. 2. Individual liabilities. 3. Extent of liability. 4. Property to be taxed — exceptions. 5. Eight of way — security for payment. 6. Restrictions upon bank charters. , 7. Banks to be established under general laws. ° General banking law — restrictions. Specie payments. Security of billholders. Banks limited to twenty years. Limitation of rate of interest. State not to hold bank stock — loan of State credit. Right of corporations to sue and be sued. Orgahization of cities and towns. AETICLE 'Sjy.—mcempted Property. 1. Personal property exempted to amount of $1,000, 2, Homestead exemptions, 3, Exemption in favor of minor children. 4, Laborer^' lien not included in exemption. 5. Exemption in favor of a widow without children. 6. Property of married women — exempted from husband's debts. ARTICLE XV. — Oath of Office. 1. All civil officers to take a prescribed oath, AETICLE XVI.—Ammdmenta to the ConstHu- turn. 1, Amendments by General Assembly — popular vote— no Convention without approval of electors. Constitution of Alabama, 1868. 51 preamble. We, the people of the State of Alabama, by our representatives in con- vention assembled, in order to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure to ourselves and to our posterity the rights of life, liberty, and property, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama : AETICLE I. DEOLAEATION OF BIGHTS. That the great, general and essential principles of liberty and free government may be recognized and established, we declare : Sectiost 1. That all men are created equal ; that they are endowed by their Creator with certain inalienable rights ; that among these are life, liberty, and the pursuit of happiness. § 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their inten- tion to become citizens of the United States, are hereby declared citi- zens of the State of Alabama, possessing equal civil and political rights and public privileges. § 3. 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 havej at all times, an inherent right to change their form of government, in such manner as they may deem expedient. § 4. That no person shall be deprived of the right to worship God according to the dictates of his own conscience. § 5. That no religion shall be established by law. § 6. That any citizen may speak, write, and publish his senti- ments on all subjects, being responsible for the abuse of that liberty. § 7. 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 probable cause, supported by oath or affirmation. § 8. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either ; 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 obtain- ing witne^ses in his favor ; and in all prosecutions by indictment or 52 Constitution of Alabama, 1868. information, a speedy public trial, by an impartial jury of the county or district in which the offense was committed ; and that he shall not I be compelled to give evidence against himself, or be deprived of his life, liberty or property, but by due process of law. § 9. That no person shall be accused or arrested, or detained, except in cases ascertained by, law, and according to the forms which the same has prescribed ; and that x\^ person shall be punished but by virtue of a law established and promulgated prior to the offence, and legally applied. § 10. That no person shall, for any indictable offense, be pro- ceeded against criminally, by information, except in cases arising in the land and naval service, or in the militia when in actual service, or by leave of the court for oppressions or misdemeanor in oflBce : Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, and author- ize such prosecutions and proceedings before justices of the peace, or such other inferior courts as may be by law established. § 11. That no person shall, for the same offense, be twice put in jeopardy of life or limb. § 12. That no person shall be debarred from prosecuting or de- fending, before any tribunal in the State, by himself, or counsel, any civil cause to which he is a party. § 13. That the right of trial by jury shall remain inviolate. § 14. That in prosecution for the publication of papers investi- gating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence ; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court. § 15. That all courts shall be open ; that every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law ; and right and justice shall be admin- istered without sale, denial or delay. § 16. That suits may be brought against the State, in such man- ner and in such courts as may be by law provided. § 17. That excessive fines shall not be imposed, or cruel punish- ment inflicted. § 18. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption greai Excessive bail shall not, in any case, be required. ' Constitution of Alabama, 1868. 53 § 19. The privilege of writ of habeas corpus shall not be sus- pended, except when necessary for public safety in times of rebellion or inyasion. § 30. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and com- fort ; and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own confession in open court. § 31. That no person shall be attainted of treason by the General Assembly ; and that no conviction shall work corruption of blood or forfeiture of estate. § 23. That no person shall be imprisoned for debt. § 33. That no power of suspending laws shall be exercised, except by the G-eneral Assembly or by its authority. § 34. That no ex post facto law, or any law impairing the obliga- tion of contracts, shall be made. § 35. That private property shall not be taken or applied for public use, unless just compensation be made therefor ; nor shall pri- vate property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner : Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and for works of internal improvement, the right to establish depots, sta- tions, and turnouts, but just compensation shall in all cases be first made to the owner. § 36. That all navigable waters shall remain forever public high- ways, free to the citizens of the Sbate and of the United States, without tax, impost, or toll imposed ; and that no tax, toll, impost, or wharfage shall b6 demanded or received from the owner of any merchandise or commodity for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the General Assembly. § 37. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances, or other pur- poses, by petition, address, or remonstrance. § 38. That every citizen has a right to bear arms in defense of himself and the State. § 39. That no person who conscientiously scruples to bear arms shall be compelled to do so, but may pay an equivalent for personal service. § 30. That no standing army shall be kept up without the consent of the General Assembly : and, in that case, no appropriation for its 54 Constitution of Alabama, 1868. support shall be made for a longer term than one year, and the mili- tary shall, in all cases and at aU times, be in strict subordination to the ciyil power. § 31. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, or in time of war but in a manner to be prescril)ed by law. § 32. That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State : that no property qualification shall be necessary to the election to or holding of any oflBce in this State, and that no ofiSce shall be created, the appointment to which shall be for a longer time than during good behavior. § 33. That emigration from the State shall not be prohibited, and that no citizen shall be exiled. § 34. That temporary absence from the State shall not cause a forfeiture of residence once obtained. § 35. That no form of slavery shall exist in this State, and there shall be no involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been diily convicted. § 36. The right of suffrage shall be protected by laws, regulating elections, and prohibiting, under adequate penalties, all undue influ- ences from power, bribery, tumult, or other improper conduct. § 37. That this State has no right to sever its relations to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the government of the United States. § 38. That this enumeration of certain rights shall not impair or deny others retained by the people. ARTICLE II. STATE AKD COTJIfTT BOUNDARIES. Section 1. The boundaries of this State are established and declared to be as follows, that is to say : Beginning at the point where the thirty- first degree of north latitude crosses the Perdido river; thence east to the western boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee ; thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said Tine ; thence up said river to the mouth of Big Bear creek; thence by a direct line to the northwest corner of Washington Constitution of Alabama, 1868. 55 county, in this State, as originally formed ; thence southerly, along the line of the State of Mississippi, to the Gulf of Mexico ; thence east- Tvardly, including all islands within six leagues of the shore, to the Perdido river, and thence up the said river to the beginning. § 3. The General Assembly may, by a two-thirds vpte of both Houses thereof, arrange and designate boundaries for the several coun- ties of this State, which boundaries shall not be altered, except by a like vote. But no new counties shall be hereafter formed of less extent than six hundred square miles ; and no existing county shall be reduced to less extent than six hundred square miles ; and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, or unless the county or counties from which it is taken shall be left with the required number of inhabit- ants entitling such county or counties to separate representation. AETICLE III. DISTBIBUTIOir OF P0WEE8 OF GOVEEHTMESTT. SECTI02S' 1. The powers of the government of the State of Alabama shall be divided into three distinbt departments, each of which shall be confided to a separate body of magistracy, to wit : Those which are legislative to one; those which are executive to another, and those which are judicial to another. § 2. No person or collection of persons being of one of those depart- ments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed [or ?] per- mitted. ARTICLE IV. LEGISLATIVE DEPAETMEIirT. SECTioif 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and a House of Eep- resentatives. § 3. The style of the laws of this State shall be : " Be it enacted by the General Assembly of Alabama." Each law shall contain but one subject, which shall be clearly expressed in its title ; and no law shall be revised or amended unless the new act contain the entire act revised, or the section or sections amended; and the section or sections so amended shall be repealed. § 3. Senators and Eepresentatives shall be elected by the qualified electors, on the Tuesday after the first Monday in November. The 56 Constitution of Alabama, 1868. term of office of the Senators shall be fonr years, and that of the Eep- resentative two years, commencing on the day after the general election. § 4. No person shall be a Eepresentative unless he is eligible as an elector to vote for members of the General Assembly. § 5. No person shall be a Senator unless he be eligible as an elector to Tote for members of the General Assembly, and shall be twenty-seven years of age, and shall have resided for two years within the State, and ' for the last year thereof within the cRstrict for which he shall be chosen. § 6. The House of Eepresentatives, when assembled, shall choose a speaker, and its other officers ; and the -Senate shall choose a Presi- dent, in the absence of the Lieutenant-Governor, and its other officers. Each House shall judge of the qualifications, elections, and returns of its own members ; but a contested election shall be determined in such manner as shall be directed by law. The President of the Senate, and the Speaker of the House of Eepresentatives, shall remain in office until their successors are elected and qualified. § 7. 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, ill such manner, and under such penalties, as each House may provide. § 8. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two- thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free and independent State. § 9. Each House, during the session, may punish, by imprison- ment, any person not a member, for disrespectful and disorderly behavior in its presence, or obstructing any of its proceedings ; Pro- vided, That such imprisonment shall not, at any time, exceed forty- eight hours. § 10. Each House shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, may require secrecy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-tenth of the members present, be entered on the journals. 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 journals. § 11. Members of the General Assembly shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest ; and Constitution of Alabama, 1868. 57 they shall not be subject to any civil process during the session of the General Assembly, nor for fifteen days next before the commencement and after the termination of each session.- § 13. When Tacancies occur in either House, the Governor, or the person exercising the powers of the Governor, shall issue writs of elec- tions to fill such vacancies. § 13. The doors of each House shall be open, except on such occa- sions as, in the opinion of the House, may require secrecy. § 14. 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. § 15. Bills may originate in either house, and be amended, altered, or rejected by the other; but no bill shall have the force of law until, on three several days, it be read in each House, and free discussion be allowed thereon ; unless, in case of urgency, four-fifths of the House in which the bill shall be pending may deem it expedient to dispense with this rule. And every bill, having passed both Houses, shall be signed by the speaker and president of their respective Houses : Pro- vided, That all biUs for raising revenue shall originate in the House of Eepresentatives, but the Senate may amend or reject them as other bill^. § 16. Every bill or resolution having the force of law, to which the concurrence of both Houses of the General Assembly may be neces- sary, except on a question of adjournment, which shall have passed both Houses, shall be presented to the Governor ; and if he approve, he shall sign it ; if not, he shall return it, with his objections, to the House in which it shall have originated, who shall enter the objections at large on the journals, and proceed to reconsider it. If, after such recon- sideration, a majority of the whole number of members of that House shall agree to pass it, it shall be sent, together with the objections, to the other House, by which it shall be reconsidered; and if approved by a majority of the whole number of members of that House, it shall have the same effect as if it had been signed by the Governor; but in all such cases, the votes of both Houses shall be taken by yeas and nays, and the names of persons voting for and against the bill or resolution shall be entered on the journals of both Houses respectively. If the bill or resolution shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the Gen- eral Assembly, by its adjournment, prevent its return, in which case it shall not be a law. § 17. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary (except on questions of adjournment. 8 58 Constitution of Alabama, 1868. and for bringing on elections by the two Houses), shall be presented to the GoTcrnor, and, before it shall take effect, be approved by him; or, being disapproved, shall be repassed by both Houses, according to the rules and limitations prescribed in the case of bills. § 18. Each member of the Gteneral Assembly shall receive from the public treasury such compensation for his services as may be pre- scribed by lUw; but no increase of compensation shall take effect during the session at which such increase shall have been made. § 19. Ko Senator or Eepresentative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emolu- ments of which shall have been increased during such term, except such office as may be filled by election by the people. § 20. So person who holds any lucrative office under the United States, or under this State, or any other State or government (exce"pt postmasters, officers in the militia to whose office no annual salary is attached, Justices of the Peace, members of the Court of County Com- missioners, Notaries Public, and Commissioners of Deeds) ; no person who has been convicted of having given or offered any bribe to pro- cure his election to any office ; 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 or holder of any public moneys, and has failed to account for and pay over to the treasury all sums for which he may be by law accountable, shall be eligible to the General Assembly. § 31. 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, except by a vote of two-thirds of each House. § 22. In all elections by the General Assembly, the members shall vote viva voce, and the votes shall be entered on the journals. § 23. All State officers may be impeached for any misdemeanor in office, but judgment shall not extend further than the removal from office, and disqualification to hold office, under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial and judgment, according to law. § 24 The House of Eepresentatives shall have the sole power of preferring impeachment. All impeachments shall be tried by the Senate ; the Senators, when sitting for that purpose, shall be on oath or affirmation ; and no person shall be convicted under an impeachment without the concurrence of two-thirds of the Senators present. § 25. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbitra- Constitution of Alabama, 1868. 59 tors, to be appointed by the parties who may choose that mode of adjustment. § 36. 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. § 27. It shall be the duty of the General Assembly, within five years after the adoption of this Constitution, and within every subse- quent 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. § 28. The General Assembly shall have power to pass such penal laws as they may deem expedient, to suppress the evil practice of dueling. § 29. It shall be the duty of the General Assembly to regulate by law the cases in which deductions shall be made from the salaries of public ofiBcers for neglect of duty in their ofl&cial capacities, and the amount of such deductions. § 30. Divorces from the bonds of matrimony shall not be granted but in cases by law provided for, and by suit in Chancery ; but decisions 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. § 31. No money shall be drawn from the treasury but in pursu- ance of an appropriation made Jiy law ; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually, in such manner 'as may be by law directed. § 32. The general assembly shall not borrow or raise money on the credit of this State, except for purposes of military defence against actual or threatened invasion, rebellion or insurrection, without the concurrence of two-thirds of the members of each House ; nor shall the debts or liabilities of any corporation, person or persons, or other States 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 the yeas and nays and be entered on the journals. § 33. The State shall not engage in works of internal improve- ment ; but its credit in aid of such may be p^.edged by the General Assembly on undoubted security, by a vote of two-thirds of each House of the General Assembly. § 34 It shall be the duty of the General Assembly to make ade- quate provisions in each county for the maintenance of the poor of this State. 60 Constitution of Alabama, 1868. § 35. Any citizen of this State who shall, after the adoption of this Constitution, either in or out of this State, fight a duel with deadly weapons, or send, or accept a challenge so to do, or act as a second, or knowingly aid or assist in any manner those thus offending, shall be incapable of holding any ofBce under this State. § 36. The General Assembly shall not haye power to authorize any municipal corporation to pass any laws contrary to the general laws of the State, nor to levy a tax on real anft personal property to a greater extent than two per centum of the assessed yalue of such property. § 37. In the event of annexation of any foreign territory to this State, the General Assembly shall enact laws extending to the inhabit- ants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition, anything in this Consti- tution to the contrary notwithstanding. AETICLE V. EXECUTIVE DEPARTMENT. SBCTioiff 1. The executive department shall consist of a governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, and At- torney-General, who shall be chosen by the electors of the State, at the time and places at which they shall vote for Eepresentatives. § 2. The Governor, Lieutenant-Governor, Secretary of State, Treas- urer, and Attorney-General shall holU their ofiSces for the term of two years, and the Auditor for the term of four years. § 3. The returns of every election for the officers named in the preceding section shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the presiding officer of the Senate, who, during the first week of the session, shall open and publish the same in the presence of a majority of the members of the General Assembly ; the person having the highest number of votes shall be declared duly elected, but if two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses. Contested elections for executive officers shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. § 4. The supreme executive power of this State shall be vested in the Governor. § 5. He shall take care that the laws are faithfully executed. § 6. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. Constitution of Alabama, 1868. 61 § 7. He shall communicate at eyery session, by message to the General Assembly, the condition of the State, and recommend such measures as he shall deem expedient. § 8. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both Houses, when assem- bled, the purposes for which they have been convened. § 9. In case of disagreement between the two Houses in respect to the time of adjournmpnt, he shall have power to adjourn the Gen- eral Assembly to such time as he may think proper, but not beyond the regular meetings thereof. § 10. He shall be commander-in-chief of the military and naval forces of the State, except when they shall be called int6 the service of the United States. § 11. He shall have power, after conviction, to grant reprieves, commutations and pardons for all offenses (except treason and cases of impeachment) upoa such conditions as he may think proper, sub- ject, however, to such regulations as to the manner of applying for pardons as may be prescribed by law ; but such pardons shall not relieve from civil or political disability. Upon conviction of treason, he may suspend the execution of the sentence, and report the same to the General Assembly at the next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. He shall communicate to the General Assem- bly, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sen- tence, its date, and the date of the commutation, pardon, or reprieve, with his reasons therefor. § 13. There shall be a Great Seal of the State, which shall be kept and used by the Governor officially, and the seal heretofore in use, shall continue to be the Great Seal of the State until another shall have been adopted by the General Assembly. § 13. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the Great Seal, signed by the Governor and countersigned by the Secretary of State. § 14 No member of Congress, or other person holding office under the authority of this State, or of the United States, shall execute the office of governor, except as herein provided. § 15. In case of the death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted or the dis- ability removed, shall devolve upon the Lieutenant-Governor. 62 Constitution of Alabama, 1868. § 16. The Lieutenant-GoTernor shall be President of the Senate, but shall Tote only when the Senate is equally divided, and in case of his absence or impeachment, or when he shall exercise the oflce of GoTernor, the Senate shall choose a president ^ro tempore. § 17. If the Lieutenant-Governor, while executing the office of Governor, shall be impeached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor un& the vacancy is fiUed 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 per- taining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives. § 18. Should the office of Secretary of State, Auditor, Treasurer, or Attorney-General become vacant from any of the causes specified in the fifteenth section of this article, the Governor shall fill the vacancy until the disability is removed or a successor elected and qualified. Every such vacancy shall be filled by election at the first general elec- tion that occurs more than thirty days after it shall have occurred^ and the person chosen shall ho],d the office for the fuU term fixed in the second section of this article. § 19. 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. § 20. The officers of the executive ' department and of the public institutions of the State shall, at least five days preceding each regu- lar session of the General Assembly, severally report to the Governor, who shall transmit- such reports with his message to the General Assembly. § 31. 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 appointed shall continue in office until the next general election in the county for Sheriff, as by law provided. ARTICLE VI. I JUDICIAL BEPAETMENT. Sectioit 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, a Supreme Court, Circuit Constitution of Alabama, 1868. 63 Courts, Chancery Courts, Courts of Probate, such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature. § 2. Except in cases otherwise directed in the Constitution, the Supreme Court 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 pre- scribed by law : Provided, That said court shall have power to is^ue writs of injunction, mandamus, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give a general superintendence and control of inferior jurisdiction. § 3. The Supreme Court shall be held at the seat of government, but if that shall have become dangerous from an enemy, or from dis- ease, it may adjourn to a different place. § 4. The State shall be divided by the General Assembly into convenient circuits, each of which shall contain not less than three nor more than eight counties ; and for each circuit there shall be chosen a judge, who shall, after his election or appointment, reside in the circuit for which he shall have been chosen. ^ § 5. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within the state, not otherwise excepted in the Constitution, but in civil cases only when the matter or sum in controversy exceeds fifty dollars : Provided, however. That the Circuit Court shall have equity jurisdiction concurrent with the courts of Chancery in all cases for divorce^ and in cases in which the value of the matter in controversy does not exceed the sum of five thousand dollars. § 6. 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 : Provided, That the judges of the several Circuit Courts shall have power to issue writs of injunction returnable into courts of Chancery. § 7. The General Assembly shall have power to establish a court or courts of Chancery with original and appellate jurisdiction. The State shall be divided by the General Assembly into convenient chan- cery divisions, and the divisions into districts ; and for each division there shall be a Chancellor, who shall, after his election or appoint- ment, reside in the division for which he shall have been elected or appointed. 64 Constitution of Alabama, 1868. § 8. A Chancery Court shall be held in each county at a place therein to be fixed by law, and the Chancellors may hold courts for each other, when they deem it expedient. § 9. The General Assembly shall have power to establish in each county within the State a Court of Probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphan's business ; and the General Assembly may confer on the said courts jurisdiction of contracts for lalfbr, and order freq[uent sessions for that purpose. § 10. The judges of the Supreme Court, Circuit Courts, and Courts of Chancery shall, at stated times, receive for their services a compen- sation which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites, nor hold any office - (except judicial offices) of profit or trust under this State, or the United States, during the term for which they have been elected, nor under any other power during their continuance in office. § 11. Judges of the Supreme Court, and Chancellors, 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, towns, or districts for which said courts may be established, on the Tuesday after the first M'onday in November of each year, or such other day as may be by law pre- scribed. Vacancies in the office of the Circuit Judge, Judge of Pro^_^ bate, or judge of any other inferior court established by law, shall be filled by the Governor ; and the person appointed by him shall hold office until the next election day appointed by law for election of judge, and until his successor shall have been elected and qualified. § 13. The judges of the several courts of this State shall hold their office for the term of six years ; and the right of any judge to hold his office for the full term hereby prescribed shall not be afiected by any change hereafter made by law in any circuit or district, or in the mode or time of election ; but for any willful neglect of duty, or any other reasonable cause which shall not be a sufficient ground for impeachment, the Governor 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 notified 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 journal of each House respectively. Constitution of Alabama, 1868. 65 § 13. A competent number of justices and constables shall be elected in and for each county by the qualified electors thereof, who shall hold oflB.ce during such terms as may be prescribed by law. Said justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed one hundred dollars. In all cases tried before such justices the right of appeal shall be secured by law : Pro- vided, That Notaries Public, appointed according to law, shall be authorized and required to exercise, throughout their respective coun- ties, all the powers and jurisdiction of Justices of the Peace. § 14. The Judges of the Supreme Court shall, by virtue of their ofilces, be conservators of the peace throughout the State ; as also the judges of the Circuit Courts within their respective circuits, and the judges of the inferior courts within their respective counties. § 15. The Clerk of the Supreme Court shall be appointed 1)y the judges thereof; Kegisters in Chancery, by the Chancellors of the divi- sions ; and all the clerks and registers so appointed shall be removed by the appointing power for cause to be placed on the records of the court. § 16. The Attorney-G-eneral shall reside at the seat of govern- ment, and shall be the law oflBcer of the State. During the session of the General Assembly he shall furnish to the committees of either House, when required, draughts of bills, and written opinions upon any matter under consideration of the committees, and shall perform such other duties as may be required of him by law. § 17. A Solicitor shall be elected in each county in this State by the qualified electors of such county, who shall reside in the county for which he is elected, and perform such duties as may be required of him by law. He shall hold oflSce for a term of four years, and in case of vacancy, such vacancy shall be filled by the j-udge of the circuit until his successor is elected and qualified. § 18. Clerks of the Circuit Court, and such inferior courts as may be by law established, shall be elected by the qualified electors in each county, for the term of six years, and may be removed from ofiBce for cause, and in such manner as may be by la,w prescribed. Vacancies in the oflBce of clerk shall be filled by the judge of the court, until the next general election, and until a successor shall be elected and qual- ified : Provided, That the General Assembly shali have power to annex the duties of clerk to the ofl&ce of judge of any of the inferior courts by law established. § 19. The style of all processes shall be " The State of Alabama," and all prosecutions shall be carried on in the name and by the author- ty of the State of Alabama, and shall conclude " against the peace and dignity of the same." 9 66 Constitution of Alabama, 1868. AETICLE VII. ELBOTIOKS. Sbctioit 1. In all elections by the people, the electors shall vote by "ballot. § 3. Every male person, bom in the United States, and ©very male person who has been naturalized, di who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector : Provided, That no soldier or sailor, or marine in the military or naval service of the United States, shall hereafter . acquire a resi- dence by reason of being stationed on duty in this State. § 3. It shall be the duty of the General Assembly to provide, from time to time, for the registration of aU electors ; but the following class of persons shall not be permitted to register, vote or hold office: 1st. Those who, during the late rebellion, inflicted, or caused to be inflicted, any cruel or unusual punishment upon any soldier, sailor, marine, employee or citizen of the United States, or who in any other way violated the rules of civilized warfare. 3d. Those who may be disqualified from holding office by the proposed amendment to the Constitution of the United States, known as "Article XIV," and those who have been disqualified from registering to vote for delegates to the convention to frame a Constitution for the State of Alabama, under the act of Congress "to provide for the more efficient government of the rebel States," passed by Congress March 3, 1867, and the act sup- plementary thereto, except such persons as aided in the reconstruction proposed by Congress, and accept the political equality of all men before the law : Provided, That the General Assembly shall have power to remove the disabilities incurred under this clause. 3d. Those who shall have been convicted of > treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery. 4th. Those who are idiots or insane. § 4. All persons before registering must take and subscribe the following oath : I, , do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in section 3, article 7, of the Constitution of the State of Alabama; that I will never coun- tenance or aid in the secession of this State from the United States ; that I accept the civil and political equality of all men, and agree not Constitution of Alabama, 1868. 67 to attfctnpt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege or immu- nity enjoyed by any other class of men ; and furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons on account of past or present support of the government of the United States, the laws of the United States, or the principle of the political and civil equality of all men, or for affiliation with any political party. § 5. Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same. § 6. It shall be the duty of the General Assembly to enact adequate laws giving protection against the evils arising from the use of intoxi- cating liquors at elections. § 7. Eeturns of elections for all civil officers elected by the people, who are to be commissioned by the Governor, and also for the members of the General Assembly, shall be made to the Secretary of State. ARTICLE VIII. EEPEESENTATIOIT. Sbctiok 1. The House of Eepresentatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively ; and to this end the Gen- eral Assembly shall cause an enumeration of all the inhabitants of the State to be made in the year 1875, and every ten years thereafter, and shall make an apportionment of the representatives among the several counties at the first regular session after each enumeration ; which apportionment, when made, shall not be subject to alteration until after the next census shall have been taken: Provided, That each county shall be entitled to at least one Representative: And provided further, That when two or more adjoining counties shall each have a residuum or fraction 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 addi- tional Representative. § 3. Until the General Assembly shall make an apportionment of the Representatives among the several counties after the first enume- ration made as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Butler, Calhoun, Clay, Clarke, Cherokee, Cleburne, Crenshaw, Choctaw, Coffee, Conecuh, Coosa, Covington, Dale, DeKalb, Elmore, Fayette, Henry, Jefferson, Lauderdale, Limestone, Marshall, 68 Constitution of Alabama, 1868. Marion, Monroe, Morgan, Pike, Kandolph, St. Clair, Shelby, Walker, "Washington and Winston, shall hare one Eepresentatiye each ; the counties of Chambers, Franklin, Greene, Hale, Jackson, Lee, Law- rence, Macon, Pickens, Kussell, Talledega, Tallapoosa and Tuscaloosa, shall be entitled to two representatives each ; the counties of Barbour, Bullock, Lowndes, Madison, Marengo, Perry, Sumter and Wilcox, shall be entitled to three representatireB each; the counties of Dallas, Mo- bile and Montgomery shall be entitled to five representatives each : Provided, That in the formation of new counties the General Assembly may apportion to each its proper representation. § 3. The whole number of Senators shall be not less than one- fourth or more than one-third of the whole number of Eepresentatives ; and it shall be the duty of the General Assembly at its first session after the making of each enumeration, as provided by section first of this article, 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 othef as may be in the number of inhabitants, and each shall be entitled to one Senator and no more : Provided, That no county shaU be divided, and no two or more coun- ties which are separated entirely by a county belonging to another district shall be joined in one district: And provided further, That the senatorial districts, when formed, shall not be changed until after the next enumeration shall have been taken. § 4. At the first general election after each new apportionment, elections shall be held anew in all the senatorial districts. The Sena- tors elected, when convened at the next ensuing session of the General Assembly, shall be divided by lot into two classes, as nearly equal 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 expi- ration of four years from the day of election, so that (except as above provided), one-half of the Senators may be chosen biennially. § 5. Until the General Assembly shall divide the State into sena- torial districts as herein provided, the senatorial districts shall remain as follows: 1st district, Limestone and Lauderdale; 3d, Franklin and Lawrence ; 3d, Morgan, Blount, Winston, and Marion ; 4th, Madison ; 5th, Jackson, Marshall, and DeKalb ; 6th, Cherokee and Calhoun ; 7th, Walker, Jefferson, and St. Clair; 8th, Shelby and Bibb; 9th, Tuscaloosa and Fayette; 10th, Talledega and Clay; 11th, Chambers, Eandolph, and Cleburne; 13th, Coosa and Tallapoosa; 13th, Lee; 14th, Macon; 15th, Eussell; 16th, Bullock; 17th, Barbour; 18th, Autauga and Elmore ; 19th, Montgomery ; 30th, Lowndes ; 31st, Dal- las ; 33d, Perry ; 23d, Hale ; 34th, Greene and Pickens ; 35th, Sumter ; Constitution of Alabama,, 1868. 69 26th, Marengo ; 37th, Choctaw, Clark, and Washington ; 28th, Mo- bile; 29th, Monroe and Baldwin; 30th, Wilcox: 31st, Butler and Conecuh ; 32d, Covington, Crenshaw, and Pike ; 33d, Coffee, Dale, and Henry. § 6. Until a new apportionment of Eepresentatires to the Congresa of the United States shall have been made, the congressional districts shall remain as stated in the revised code of Alabama, and after each new apportionment the General Assembly shall divide the State into as many districts as it is allowed Eepresentatives in Congress, making such congressional districts as nearly equal in the number of inhabit- ants as may be. AETICLE IX. TAXATION. Sectiok 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such property ; Provided, however, That the general assembly may levy a poll-tax not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund. , § 2. K"o power to levy taxes shall be delegated to individuals or private corporations. ARTICLE X. MILITIA. Section 1. All able-bodied male inhabitants of this State, between the ages of eighteen years and forty-five years, who are citizens of the United States, or who have declared their intention to become citizens of the United States, shall be liable to military duty in the militia of this State ; but all citizens of any denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be exempt therefrom upon such condition as may be prescribed by law. § 2. The General Assembly shall provide for the organizing, arming, equipping, and discipline of the militia, and for paying the same, when called into active service, in such manner as it shall deem expe- dient, not incompatible with the laws of the United States. § 3. OfiBcers of the militia shall be elected or appointed and commissioned in such manner as may be provided by the General Assembly. § 4. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when called into the service of the United States, and shall have power to call forth thf 70 Constitution of Alabama, 1868. militia to execute the laws to suppress riots, or insurrections, and to repel invasion. § 5. The Governor shall nominate, and by and with the consent of the Senate appoint, one Major-General and three Brigadier-Generals. The Adjutant-General, and other staff ofBcers to the commander-in- chief, shall be appointed by the Governor, and their commissions shall expire with the Governor's term of service. No commissioned officer shall be removed from office except by the Senate, on the recommend- ation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law. § 6. The militia maybe divided into two classes, to be designated' as " volunteer militia " and " reserve militia," in such manner as shall be provided by law. § 7. The militia shall, in all cases except felony, treason, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same. § 8. The officers and men commissioned and organized shall not be entitled to or receive any pay, rations, or emoluments when not in active service. AKTICLE XL EDTTCATIOir. Section 1. The common schools, and other educational institutions of the State, shall be under the management of a Board of Education, consisting of a Superintendent of Public Instruction and two members fi'om each congressional district. The Governor of the State shall be ex officio a member of the Board, but shall have no vote in its proceedings. § 2. The Superintendent of Public Instruction shall be president of the Board of Education, and have the casting vote in case of a tie ; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the Board and the laws of the State. He shall be elected in the same manner and for the same term as the Governor of the State, and receive such salary as may be fixed by law. An office shall be assigned him in the capitol of the State. § 3. The members of the Board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the Constitution the Board shall be divided into two equal classes, so that each class shall consist of one member Constitution of Alabama, 1868. 71 from eacli district. The seats of the first cl-ass shall be yacated at the expiration of two yeai's from the day of election, so that one-half may be chosen biennially. § 4. The members of the Board of Education, except the Super- intendent, shall be elected by the qualified electors of the congres- sional districts in which they are chosen, at the same time and in the same manner as the members of Congress. § 5. The Board of Education shall exercise full legislative powers in reference to the public educational institutions of the State, and its acts, when approved by the Governor, or when re-enacted by two-thirds of the Board, in case of his disapproval, shall have the force and effect of law, unless repealed by the General Assembly. § 6. It shall be the duty of the Board to establish, throughout the State, in each township, or other school district which it may have created, one or more schools, at which all the children of the State, between the ages of five and twenty-one years, may attend free of charge. § 1. No rule or law affecting the general interest of education shall be made by the Board without a concurrence of a majority of its members. The style of all acts of the Board shall be, " Be it enacted by the Board of Education of the State of Alabama." § 8. The Board of Education shall be a body politic and corporate, by the name and style of the Board of Education of the State of Alabama. Said Board shall also be a Board of Eegents of the State University, and, when sitting as a Board of Eegents of the University, shall have power to appoint the President and the faculties thereof. The President of the University shall be, ex officio, a member of the Board of Eegents, but shall have no vote in its proceedings. ^ § 9. The Board of Education shall meet annually at the seat of government at the same time as the General Assembly, but no session shall continue longer than twenty days, nor shall more than one session be held in the same year, unless authorized by the Governor. The members shall receive the same mileage and daily pay as the members of the General Assembly. § 10. The proceeds of all lands that have been or may be granted by the United States to the State for educational purposes ; of the swamp lands, and of all lands or other property given by individuals or appropriated by the State for like purposes ; and of all estates of deceased persons who have died without leaving a will or heir j and all moneys which may be paid as an equivalent for exemption from mili- tary duty, shall be and remain a perpetual fund, which may be increased but not diminished, and the interest and income of which, together with the rents of all such lands as may remain unsold, and such other 72 Constitution of Alabama, J868. means as the General Assembly may provide, shall be inyiolably appro- priated to educational purposes, and to no other purpose whatever. § 11. In addition to the amount accruing from the above sources, one-fifth of the aggregate annual revenue of the State shall be devoted exclusively to the maintenance of public schools. § 12. The General Assembly may give power to the authorities of the school districts to levy a poll tax on the inhabitants of the district in aid of the general school fund, and fot no other purpose. § 13. The General Assembly shall levy a specific annual tax upon all railroad, navigation, banking and insurance corporations, and upon all insurance and foreign bank and exchange agencies, and upon the profits of foreign bank bills issued in this State by any cor- poration, partnership, or persons, which shall be exclusively devoted to the maintenance of public schools. § 14. The General Assembly shall, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the two hundred and forty thousand acres of land donated to this State, for the support of such a college, by the act of Congress passed July 3, 1863, or the money or scrip, as the case may be, arising from the sale of said land, or any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such college or schools, and may make the same a branch of the Uni- versity of Alabama for instruction in agriculture, in the mechanic arts, and the natural sciences connected therewith, and place the same under the supervision of the Eegents of the University. AETICLE XIL IKDUSTEIAL EESOtTKCES. Sbctiou' 1. A Bureau of Industrial Eesources shall be established, to be under the management of a Commissioner, who shall be elected at the first general election, and shall hold his office for the term of four years. § 2. The Commissioner of Industrial Eesources shall collect and condense statistical information concerning the productive industries of the State, and shall make or cause to be made, a careful, accurate and thorough report upon the agriculture and geology of the State, and annually report such additions as the progress of scientific devel- opment and extended explorations may require. He shall, from time to time, disseminate among the people of the State such knowledge as he may deem important concerning improved machinery and pro- duction, and for the promotion of their agricultural, manufacturing, CONSTITUTION OF ALABAMA, 1868. 73 and mining interests ; and shall send out to tlie people of the United States and foreign countries such reports concerning the industrial resources of Alabama as may best make known the advantages offered by the State to emigrants, and shall perform such other duties as the General Assembly may require. § 3. It shall be the duty of the General Assembly, at the first ses- sion after the adoption of this Constitution, to pass such laws and reg- ulations as may be necessary for the government and protection of this Bureau, and also to fix and provide for the compensation of the Commissioner. § 4. This Bureau shall be located and the Commissioner shall re- side at the capital of the State, and he shall annually make a written or printed report to the Governor of the State, to be laid before the General Assembly at each session. ' § S. In case of the death, removal or resignation of the Commis- sioner, the Governor, with the approval of the Senate, shall have power to appoint a Commissioner for tbe unexpired term. AETICLE XIII. C0EP0EATI02SrS. SECTioif 1. 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, amended, or repealed. § 3. Dues from corporations shall be secured by such individ- ual liabilities of the corporators or other means as may be prescribed by law. § 3. Each stockholder in any corporation shall be liable to the amount of stock held or owned by him. § 4. The property of corporations now existing, or hereafter created, shall forever be subject to taxation the same as property of individuals, except corporations for educational and charitable pur- poses. § 5. Ifo right of way shall be appropriated to the use of any cor- poration, 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, which compen- sation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law. 10 74 Constitution of Alabama, 1868 § 6. The General Assembly shall not hare power to establis^ or incorj)orate any bank or banking company or moneyed institntion for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. § 7. No bank shall be established otherwise than under a general banking law, as provided in the first section of this article. § 8. The General Assembly may enact a general banking law, which law shall provide for the registry and countersigning by the Governor of the State of all paper credit designed to be created as money ; and ample collateral security, convertible into specie, or the redemption of the same in gold or silver, shall be required, and such collateral security shall be under the control of such officer or officers as may be prescribed by law. § 9. All bills or notes issued as money shall be at all times re- deemable in gold or sUver, and no law shall be passed sanctioning, directly or indirectly, the suspension, by any bank or banking com- pany, of specie payment. § 10. Holders of bank notes shall be entitled, in case of insol- vency, to preference o*f payment over all other creditors. § 11. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organ- ization, and promptly thereafter close its business. § 12. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lend- ing money. ' § 13. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or lent to any banking company, association or corporation, except for the purpose of expediting the construction of vrailroads or works of internal improvement within this State, and the credit of the State shall in no case be given or lent without the approval of two-thirds of both Houses of the General Assembly. § 15.' All corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. § 16. It shall be the duty of the General Assembly to provide for the organization of cities and incorporated towns, and to restrict their power of taxation, assessment, and Contracting of debt. 1 Sec. 14 is omitted, or an error is made in numbering. We follow the oflcial copy. Constitution of Alabama, 1868. 75 AETIOLE XIV. EXEMPTED PEOPEKTT. SBCTioir 1. The personal property of any resident of this state to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adop- tion of this Constitution. § 3. Every homestead not exceeding eighty acres of land, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city, or village, or, in lieu thereof, at the option of the owner, any lot in the city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other final process from a court, from any debt contracted after the adoption of this Constitution. Such exemption, however, shall not extend to any mortgage, lawfully obtained, but such mortgage or other alien- age of such homestead by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife of the same. § 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted after the adoption of this Constitution, in all cases, during the mi- nority of the children. § 4. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. § 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits therebf shall inure to her benefit. § 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterward be entitled by gift, grant, inheritance, or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations, and engagements of her husband, and may be devised or bequeathed by her the same as if she were a, feme sole. 76 Constitution of Alabama, 1868. AKTICLE XV. OATH OF OFFICE. Section 1. All citU officers of this State, legislatiye, executiTe, and judicial, before tkey enter upon the execution of the duties of their respectiTe offices, shall take the following oath : I, , do solemnly swear (or affirm) that I am not disfranchised by the Constitution of Alabama, or by the Constitution or laws of the United States ; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the union of the states, and the Constitution and laws of the State of Alabama, so long as I remain a citizen thereof; and that I will honestly and faithfully discharge the duties of the office upon which I am about to enter, to the best of my ability : so help me God. AETICLE XVI. AMESTDMENTS TO THE COZirSTITUTION. Section 1. The General Assembly, whenever two-thirds of each House shall deem it necessary, may propose amendments to this Con- stitution, which proposed amendments shaU be duly published in print, at least three months before the next general election of Eepre- sentatives, for the consideration of the people ; and it shall be the duty of the several returning officers, at the next general election which shall be held for Kepresentatives, to open a poll for, and make a return to the Secretary of State for the time being of, the names of all those voting for Representatives who have voted on such proposed amendments, and if thereupon it shall appear that a majority of all the citizens of the State voting for Eepresentatives have voted in favor of such proposed amendments, and two- thirds of each House of the next General Assembly shall, after such an election, and before an- other, ratify the same amendments, by yeas and nays, they shall be valid to all intents and purposes as a part of this Constitution : Pro- vided, That the said proposed amendments shall, at each of the said sessions, have been read three times on three several days in each House. 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 Constitution of this State, unless the question of con- vention or no convention shall be first submitted to a vote of all the Constitution of Alabama, 1868. 77 electors, twenty-one years of age and upward, and approved by a ma- jority of the electors voting at said election. E. W. PECK, President. EoBBET Bakbbe, Secretary. A. J. W. A. Austin, J. H. Autrey, W. T. Blackford, M. D, Brainard, W. M. Buckley, shall hold his office for the term of four years, and until his successor is chosen and qualifted : Provided, That the General Assembly shall not interfere with the term of any appointed Prosecuting Attorney. Constitution of Arkansas, 1868. 113 § 7. The compensation of Senators and Eepresentatives shall he six dollars per diem during the first session after the adoption of this Constitution, but may afterward be prescribed by law : Provided, No increase of compensation shall be prescribed which shall take effect until the period for whiqh the members of the House of Eepresent- atires then existing shall have expired. § 8. Senators and Eepresentatives shall receive twenty cents for each niile necessarily traveled in going to and returning from the seat of government in attending each session of the General Assembly, until otherwise provided by law. § 9. All salaries, fees and per diem, or other compensation of all State, county, town, or other ofl&cers within the State, shall be pay- able in such funds as may by law be receivable for State taxes. § 10. Any public funds set apart by the General Assembly for one purpose shall not be used for another, unless in each case otherwise specially authorized by law. § 11. This Convention shall appoint not more than three persons, learned in the law, whose duty it shall be to revise and re-arrange the statute laws of this State, 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 State, by abridging and sim- plifying the rules of practice and laws in relation thereto; all of whom shall, at as early a day as practicable, report the result of their labors to the General Assembly for their adoption or modification. The General Assembly shall provide suitable compensation for said persons appointed as aforesaid. § 12. No county now established by law shall ever be reduced, by the establishment of any new county or counties, to less than six hun- dred square miles; nor shall any county be hereafter established which shall contain less than six hundred square miles. § 13. No indenture of any person hereafter made and executed out of this State, or, if made in this State, where the term of service ex- ceeds one year, shall be of the least validity, except those given in cases of apprenticeships, 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 eighteen years, if a female. § 14. All contracts for the sale or purchase of slaves are null and void, and no court of this State shall take cognizance of any suit founded on such contracts, nor shall any amount ever be collected or recovered on any judgment or decree which shall have been or which hereafter may be rendered on account of any such contract or obliga- tion, on any pretext, legal or otherwise. 15 114 Constitution of Askansas, 1868. § 15. There shall be a great seal of the State, which shall be kept and used officially by the Secretary of State, and the seal heretofore in use in this State shall continue to be the great seal of the State until another shall have been adopted by the General Assembly. § 16. Private seals are hereby abolished, and hereafter no distinc- tion shall exist between sealed and unsealed instruments concerning contracts between individuals. All laws of this State, not in conflict with this Constitution, shall remain in full force until otherwise pro- vided by the General Assembly, or until they expire by their own limitation. Nothing herein shall be construed to impair vested rights under existing laws. § 17. All officers of this State, executive, legislative and judicial, before they enter upon the duty of their respective offices, shall take the following oath : "I, , do solemnly swear (or affirm) that I am not disfranchised by the Constitution or laws of the ITnited States, or the Constitution of the State of Arkansas ; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the union of States, and the Constitution and laws of the State of Arkansas, and that I will honestly and faithfully discharge the duties of the office on which I am about to enter, to the best of my ability : so help me God." § 18. The term of all officers elected or appointed under the pro- visions of this Constitution shall expire on the first day of January, 1873, unless herein otherwise provided. § 19. Ifo one shall be precluded from being elected or appointed to any office by reason of having been a delegate to this Convention, or an officer of the same. § 20. No person shall be allowed or qualified to sit on any jury who is not a qualified elector. § 21. The General Assembly may, by general law, declare the legal rate of interest upon contracts in which no rate of interest is specified, but no law limiting the rate of interest for which individuals may contract in this State shall ever be passed. § 22. All judges and clerks of election, appointed under provisions of this Constitution, shall take and subscribe to the oath of an elector, as provided in section five of article eight, before they enter upon the duties of said offices ; and said judges are hereby authorized to ad- minister the oath to each other and to the clerks ; also to administer the same to all electors offering to vote. Said judges and clerks shall also swear to discharge their respective duties to the best of their ability according to law. Judges of election may appoint a suitable number of persons who shall, with themselves, be conservators of the peace, and they are hereby empowered to arrest all offenders. Any Constitution of Arkansas, 1868. 115 one refusing to act as such, when called on by the judges, shall be sub- ject to a fine of at least $100, or imprisonment not less than six months, or both. SCHEDULE. Section- 1. On the 13th day of March, A. D. 1868, and such suc- cessive days as hereinafter provided, an election shall be held for members of the House of Representatives of the United States, Gov- ernor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction, Judges of the Supreme Court, members of the General Assembly, and all county officers, and also for the submission of this Constitution to the people for their adoption or rejection. § %. Upon the days designated as aforesaid, every qualified elector under the provisions of this Constitution may vote for all officers to be elected under this Constitution at such election, and also for or against the adoption of this Constitution. § 3. In voting for or against the adoption of this Constitution, the words "for Constitution" or " against Constitution" shall be written or printed on the ballot 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. § 4. A Board of Commissioners is hereby appointed, to consist of James L. Hedges, Joseph Brooks, and the President of this Conven- tion, any two of whom shall constitute a quorum to transact business, who shall keep an office for the transaction of business in Little Rock, and who may employ such clerical force as may be necessary, said clerks not to receive more per day for each day actually employed than the per diem paid the assistant secretaries of this Convention, and who are empowered and authorized to appoint, or cause to be appointed, suitable persons for judges and clerks of election in each county in this State to hold the election therein for all State and county officers, and for members of the General Assembly and of the House of Rep- resentatives of the United States, and also for the ratification of this Constitution. Said election shall be held at such times and places in each county, commencing on the 13th day of March, and continuing on such successive days as the Commissioners may direct, to secure a full and fair vote at such election. § 5. The judges of election, appointed as aforesaid, shall make re- turns of the same to said Commissioners, in such manner and under such regulations as said Commissioners may pi'escribe, which returns shall show the number of votes cast at said election for and against this Constitution, and the number cast for each candidate for the offices provided for in this Constitution and schedule. 116 Constitution of Arkansas, 1868. § 6. Any person contesting the election under this Constitution for any State officer or member of the General Assemhly, shall do so be- fore said Board of Commissioners, who shall hare power to decide and declare the right to any office contested, and give the candidate legally elected a certificate of the same : Provided, Said Commissioners may, in the cases of members of the General Assembly whose rights to the seats may be contested, refer the same to the General Assembly for their determination. Said Board of Commissioners shall appoint the judges and clerks of the municipal elections to be held under the pro- visions of this Constitution ; said judges shall conduct and make re- turns of said elections in the manner prescribed by the charter of the city or village in which said municipal election shall be held. § 7. Said Commissioners shall appoint suitable persons as Boards in every county to hear and decide all cases of contested county elections. § 8. The said Commissioners shall have power to inquire into the fairness or validity of the voting upon the ratification of this Consti- tution, and to count the votes given at said election, and shall reject all fraudulent or illegal votes cast at said election ; and said Commis- sioners shall also have power, whenever it is made to appear that fraud, fear, violence, improper influence or restraint were used, or per- sons were prevented or intimidated from voting at such elections, to take steps, either by setting aside the election and ordering a new one, or rejecting votes, or correcting the result in any county or precinct, as may in such cases be just and equitable. § 9. The said Commissioners shall declare the result of the election upon the ratification of this Constitution, and, if adopted, the Presi- dent of this Convention shall transmit a certified copy of the same, together with an abstract of the votes cast, to the President of the United States, to be by him laid before the Congress of the United States for their approval or rejection, and shall also declare the officers elected thereunder, and, if declared ratified, the Constitution shall, from and after that date, be in full force and effect. § 10. No person disqualified from voting or registering under this Constitution shall vote for candidates for any office, nor shall be per- mitted to vote for the ratification or rejection of this Constitution, at the polls herein authorized. The Governor and all other officers elected under this Constitution shall enter upon the duties of their offices when they shall have been declared duly elected by said Board of Commissioners, and shall have duly qualified. All officers shall qualify and enter upon the duties of their offices within fifteen days after they have been duly notified of their election or appointment. Constitution of Arkansas, 1868. 117 § 11. Upon notice of the election or appointment and qualification of the officers elected or appointed under this Constitution, the present incumbents of all State, county and city offices shall vacate the same, and turn over, to the officers so elected or appointed and qualified here- under, all books, papers, records, moneys and documents belonging or appertaining- to said offices, on application made by the officers elected or appointed and qualified under this Constitution. § 12. Any person may vote at the polls herein authorized for the election of officers and ratification of this Constitution, whom the judges of said election shall be satisfied by oath of the person oflfering to vote, and such other satisfactory evidence as they may require, is a legally qualified elector under this Constitution : Provided, The judges of election shall administer to every person offering to vote at said election the oath prescribed in this Constitution. § 13. In the event that either of the three Commissioners appointed by section four hereof shall be a candidate for any office, the other two Commissioners shall canvass the vote so far as it relates to that office, and issue the certificate to the person elected. § 14 In case of death or any disability of any member or members of said Board of Commissioners, the remaining Commissioner or Com- missioners shall have power to flU such vacancy ; and said Commis- sioner or Commissioners so appointed shall have fuU power to act as though originally appointed. § 15. Any person selling or giving away intoxicating liquor, during the time of the election herein provided for, shall be punished by a fine not less than two hundred dollars for each and every offense, or imprisonment not less than six months, or both. § 16. Said Commissioners shall provide suitable poll books for each county, and such instructions as may be necessary to carry into effect the provisions of this schedule. Judges and clerks of election thus appointed shall receive the same per.diem as the Boards of Kegisters provided for in the act entitled "An act to provide for the more effi- cient government of the rebel States," passed March 2, 1867, and acts supplementary thereto. ' § 17. The commissioners herein appointed shall receive for their services, for each day actually employed, such compensation per day and allowances, and in such manner, as are now provided for members of this Convention. All expenses incurred under this schedule,' not otherwise provided for, shall be paid out of the appropriation for defraying the expenses of this Convention. Done in Convention, at Little Kock, the eleventh day of February, 118 Constitution of Arkansas, 1868. in tlie year of our Lord one thousand eight hundred and sixty-eight, and of the independence of the United States the ninety-second. In witness whereof we have hereunto subscribed our names. THOMAS M. BOWEN, President of the Convention, and Delegate from the County of Crawford. George S. Scott, lAttle River. Fred R. Poole, Mississippi and Craighead, George W. Dale, Independence. Peter C. Misner, > Independence. Clifford Stanley Sims, Desha. Daniel Coates, 8t. Francis. J. A. Houghton, dross and Poinsett. Franklin Monroe Rounsaville, Yell. Solomon Exon, Gla/rTc. Miles Ledford Langley, Olark. Gayle H. Kyle, '. Dallas. Moses Bell, Sebastian. John H. Hutchinson, M. D Arkansas. John McClure, Arkansas. Amos H. Evans, Monroe. John N. Sarber, Johnson. Jesse Millsaps, ., Vam, Buren. ■William A. Wyatt, Searcy and Fulton, Anthony Hinkle, Conway. O. P. Snyder, Jefferson. Samuel W. Mallory, Jefferson. James M. Gray, Jefferson. Joseph Brooks, Phillips. Thomas Smith, Phillips. WiUiam H. Grey, Phillips. James T. White, Phillips. Parley A. Williams, Marion and NeiDton. Robert Hatfield, Franklin. John W. Harrison, Bot Springs. James W. Mason, Chicot. George W. McCown,..-. ColumMa. William G. Hollis, Calhovm. James L. Hodges, PuUishi. James Hinds Pulaski. Henry Rector, Pulaski. Thomas P. Johnston, Pulaski. John C. Priddy, Montgomery. Asa Hodges, Crittenden. F. M. Sams, Madison. Charles H. Oliver, \.... Scott. Nathan N. Rawlings, ;.... , Ouachita. Jno. R. Montgomery, Sempstead. Solomon D. Beldin, Hempstead. Richard Samuels, Hempstead. Constitution of Arkansas, 1868. 119 R. C. Van Hook, Union. Ira L. Wilson, Union. Walter W. Brashear, Fope, Alfred M. Merrick, Lafayette. William A, Beasley, Columbia. James P. Portis, Ouachita. Monroe Hawkins, Lafayette. William Murphy, Jefferson. CALIPOENIA.. The first settlements in California were made under Si»nlsh authority, and the principal direction and control of affairs fell into the hands of Catholic missionaries, who acquired extensive possessions, and brought large numbers of the native Indians under their influence. By the treaty with Spain, February 22, /1819, the boundary between Mexico and the United States, from the Rocky Mountains to the Pacific, was fixed at 42° north latitude, which line has eve'r since been the northern boundary of California. Upon the overthrow of the Spanish power in Mexico in 1822, and the establish- ment of a Constitution in 1824, New California, as it was then called, not having a sufficient population to entitle it to admission as a State, was made a Territory, represented in Congress by a Delegate, who was allowed to speak upon any measure, but not to vote. A Commandante-General, as form.erly, held the nominal place of Governor, but the powers of local government were virtually held by the Fathers of the Missions. Frequent changes of policy, however, with attempts to secularize the property of these establishments for the State and other purposes, caused a rapid decline in the ecclesiastical wealth and powe^, while a foreign element, having no sympathy with the Mexican govern- ment, began to find its way into the country. The policy of centralization,^ attempted by the party headed by Santa Anna, in 1835, was not acceptable to Calitbrnia, and a feeling of alienation, and desire for independence gradually extended through the country. Emigrants from the United States began to find their way into the country, in the summer and feU of 1846. Early in 1846, and before war had been declared between the two countries, the appearance of a small force near Monterey, under Colonel Fremont, upon an exploring expedition, led to jealousies on the part of the Mexican officials, and soon after to hostile movements, which, in conjunction with a naval force, soon reduced the country to the authority of the United States. Colonel Richard Mason was established as the Military, and ex officio Civil, Governor of CaUfomia on the 31st day of May, 1847 ; the American forces occupied the whole of what was then known as Upper California, and were posted in small detachments, from Sutter's Fort in the north, to San Diego in the south ; the Pacific squad- ron of the navy of the United States lay off the coast and in the harbors, and the country remained qmetly in possession, for about a year before the close of the war. Upon the conclusion of peace, the boundary agreed upon between the two countries left the present State of California entirely within the United States. By the treaty of Guadalupe Hidalgo, February 2, ratified by the Senate of tlie United States March 10th, and by the Mexican Congress at Queretaro, May 19-25, 1848, the former line between Upper and Lower California, running directly from the Colorado, opposite the mouth of the GUa, to the Pacific, at a point one marine league south of San Diego, became the national boundary. A great increase of population began with the American occupation, and the discovery of gold in April, 1848, accelerated this growth with a rapidity scarcely paralleled in history. The news of the peace reached the country August 7, 1848, and was announced to the people by a proclamation of Governor Mason. After reciting so much of the treaty as applied to California, he stated that the existing laws would remain 16 12^ California. in force, and that the civil government would be continued in the hands of the existing ofi&oers as heretofore, until further action should be taken by Congress. A military contribution tariff, which had been previously enforced, was sus- pended, and civilians were appointed to the office of Collector, under the exist- ing revenue laws of the Unified States. The new and sudden change occasioned by the IniQux of miners, the extreme scarcity of coin for paying the custom-house duties upon importations ; in short, the absence of a well-organized government, suited to the wants of the times, and founded upon the popular will, became every day more apparent. Yet, as at least four-fifths of the male population of the country were busy in the mines, and as a law for a territorial organization was daily expected, these evils were endured for a time, in the hope of early relief. The treaty afforded some grounds for the organization of a State government, without first seeking the consent of Congress. By Article IX of this instrument, it was provided that " Mexicans who, in tht Territories aforesaid, shall not preserve the character of citizens of the Mexicar Republic, conformably with what is stipulated in the preceding Article, shal be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoy- ment of all the rights of citizens of the United States, according to the princi pies of the Constitution." A large public meeting was held at San Jose, December 11, 1848, at which committees were appointed and resolutions passed, favoring the immediate for- mation of a Fromsional Territorial Oovernment, until a more regular system could be formally established. The proceedings of this meeting were pub- lished, and led to others in various places during the months of December and January, 1848-'49. The measure, being of obvious and pressing necessity, met with general approval, and times and places for holding a Convention were mentioned, but not generally agreed upon. At this juncture. Brevet Brigadier- General B. Riley, who had arrived April 13th, and was then acting as Provi- sional Governor, issued a proclamation, dated June 3, 1849, in which he stated the anomalous and unsatisfactory condition of the country, described the civil organization and system of government as it then existed by law, and appointed the 1st day of August following, for the election of delegates to a Convention, and for filling such vacancies in office as might then exist. The Convention was to meet at Monterey on the 1st of September ; the number of Delegates from each district was Ifixed, their boundaries described, and the places of election appointed. All free citizens of the United States, being males twenty-one years of age and upward, and actually resident, all Mexican residents of California who had chosen to remain, and all citizens of Lower California who had been forced to come into the country on account of having rendered assistance to the Americans in the late war, were allowed to vote. This course was declared to be taken under the advice of the President, the Secretary of State, and the Sec- retary of "War, and was deemed the best that could be taken under all the circumstances of the occasion. The administration of civil affairs by a military officer had become extremely distasteful to the population, more especially because the laws thus administered were foreign in their origin, and unsuited to the necessities of the times. Still, as a matter of convenience, the advice of the Provisional Governor was gene- rally followed, and a Convention met at the appointed time and place. After mature deliberation they adjourned on the 13th of October, 1849, having pre- pared a State Constitution, which was submitted to the people at an election held November 13, 1849. This day proved one of the stormiest that had been California. 123 known, and, from the want of roads, and difficulty of crossing swollen streams, the vote at the elections was very light. The number that voted for the Con- stitution was 12,061, and those against it 811. From 1,200 to 1,500 votes were blanks, in consequence of a failure to print " for " or " against " the Constitu- tion upon the ballots. A legislature elected in November re-assembled at San JosS, then the capital, on the 15th of December. A Governor elected by the people was inaugurated, and, on the 20th of the same month. General RUey, by proclamation, declared the Constitution adopted, and delivered the civil gov- ernment into the hands of the officers of the newly-formed State, which then went into fuU operation. During the year 1848, two efforts were made in Congress to pass a territorial act applying to California, and one for its admission as ii State. In 1849 and 1850 efforts were again made to provide a government for California, but the strongest opposition was made against admission under a free-State Constitu- tion, and the partisans of slavery, claiming their privilege under the Missouri Compromise, insisted upon the maintenance of what they held to be their rights in the application of the rule then established. At length an act was approved, on the 9th of September, 1850, admitting the State of California into the Union with its present boundaries, as described in Article XII of the Constitution. California was admitted upon the express condition, that the people of said State, through their Legislature or otherwise, should never interfere with the primary disposal of the public lands within its limits, and that it should pass no law, aud.no act, whereby the title of the United States to, and right to dispose of, the same should be impaired or questioned ; and that they should never lay any tax or assessment of any description whatsoever upon the puhlic domain of the United States, and in no case were non-resident proprietors, who were citizens of the United States, to be taxed higher than residents ; and that all navigable waters within the State were to be the common highways, and forever free, as well to the inhabitants of said State, as to the citizens of the United States, with- out any tax, impost or duty therefor : JE^ovicled, That nothing herein contained was to be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the Con- vention which formed the Constitution of that State. The question of holding a Convention to revise the Constitution, was submitted to the voters in 1857, 1858 and 1860 ; and although, at each time, a majority of those who voted were in fevor of the measure, still the total vote cast, for and against, was not at any time equal to half the whole number of voters, and therefore the measure failed. In 1857, the vote was 30,226 for, and 17,680 against ; in 1858, it was 45,829 for, and 10,160 against; and in 1860, it was 59,732 for, and 12,481 against, a Convention. The Governor, in his message in 1861, alluding to the little interest felt by the electors in certain features of the administration which required remedy, advised the Legislature to prepare and submit such amendments as appeared to be of most pressing importance, without the formalities of a Convention. These were accordingly made in 1861, approved in 1862, and ratified by the people in the latter year. Still grave doubts were raised, whether the require- ments of the Constitution had been so complied with as to make these amend- ments valid ; and the Governor, in his message in :^63, suggested great care in the framing of laws, until the question should have been carefully considered, so as to meet the contingency of either determination. The question, so far as related to the judiciary article, was brought before the Supreme Court of the State, at the January term of 1863, in the matter of Carlos Oliverez, by appeal, and it was decided that the purpose of Article Six, lately adopted, was not to suspend the 124 California. administration of any part of the laws of the State, but to provide a judiciary system, which will go into operation when the necessary officers should be elected, pursuant to laws to be hereafter enacted ; that it was intended to con- tinue the former judiciary system in force until the new one should be in condition to exercise its functions ; that the Courts of Sessions would continue their jurisdiction until the new courts provided in the amendment should be organized; and that the provisions of the old Constitution would cease to have effect from time to time, as the substituted provisions commenced to operate.' Several amendments were proposed at tfee sixteenth session, held in 1866, only one of which was approved at the seventeenth session. It limited appro- priations of money to two years, and was ordered to be submitted to the people for their approval at the election in 1871. 1 California BepoitB, rd, p. 415, CONSTITUTION OF CALIFORNIA.-1849-1862. SUMMAET. AbTIOZiES. I. Declaration of Blgbts. n. Bigbt of Snflhtge. in. Dlstribntioii of Towers. IV. Legislative Department. y. Executive Power. ■VI. Judicial Department Vn. Militia. Vm. State Debt. IX. Education. X. Mode of Amending and Bevlsing tbe Constitution. XI. Miscellaneous FrOTisions. Xn. Boundary. Schedule. PEEAMBLE. ARTICLE I.— Declaration of Bights. Sections. 1. Natural freedom — inalienable rights. 2. Origin of political power — purpose of gov- ernment. 8. Eight of trial by jury. 4. Eeligious freedom— liberty of conscience not to excuse acts of licentiousness, &c. 5. Privilege of habeas corpus. 6. Excessive bail — crael or nnnsnal punish- ments. 7. Eight of bail. 8. Prosecution by indictment— second trials forbidden — witness against one's self — punishments to be legal. 9. Freedom of speech andTof the press — trial of libels. 10. Bight of assembly and of petition. 11. Laws to be uniform in operation. 12. Subordination of military to civil power — standing armies — limit of army appro- priations. 13. Quartering of soldiers. 14. Eepresentation based upon population. 15. Imprisonment for debt prohibited — excep- tions. 16. Attainder — ex post facto laws — obligation of contracts. 17. Eights of foreigners. 18. Slavery prohibited. 19. Security against unlawful seizures and searches. SO. Treason defined — how proved. 21. Beseryed rights. KRTICLBH.— Bight of Suffrage. 1. Qualification of electors. 2. Privilege of electors. 3. Military duty not required on election day. 4. Eesidence neither gained nor lost by absence in certain cases. 5. Persons excluded &om privileges of electors. 6. Elections to be by ballot. ARTICLE TO..— Distribution of Powers. 1. Legislative, executive and judicial depart- ments. ABTICLE IV. — Legislative Department. 1. Power vested in a Senate and Assembly — designation— enacting clause of laws. Sections. 2. Sessions of Legislature biennial- beginning, 8. Election of members — term. 4. Senators and members to be electors. 5. Senators — term — qualifications. 6. Number of Senators — classification. 7. Apportionment of Senators when increased. 8. Powers of each House. 9. Quorum — absent members. 10. Eules — proceedings — expulsion of mem- bers. 11. Journals — publication — yeas and nays. 12. Privilege from arrest on civil process. 13. Vacancies in either House. 14. Sessions to be with open doors. 15. Adjournments. , 16. Origin of bills — must be passed by both Houses. V 17. Governor to sign bills — veto power. 18. Impeachments, 19. Officers who may be impeached — limit of judgment — trial of civil officers for mis- demeanors. 20. Senators or members to hold no other office — pay not to be increased dui*ing term. 21. Office holders under United States not eligi- ble to lucrative State offices — definition of term lucrative. 22. Persons convicted of embezzlement or defal- cation ineligible to any office — punish- ment of these crimes. 23. Payments to be made by law — receipts and expenditures. ' 24. Pay of members. 28. Laws to embrace but one subject— to be expressed in title — re-enactment or amendment of laws. 26. Divorces to be granted by Legislatnre. 27. Lotteries forbidden. 28. Census — basis of representation. 29. Apportionment — number of members of Assembly. 30. Counties not to be divided in formation of Congressional, Senatorial or Assembly distncts. 31. Corporations to be formed under general laws — special acts for municipal purposes — may be repealed. 32. Individual liability of stockholders. 33. What are deemed corporations — right to sue and to be sued. 34. Laws for banking prohibited — associations for deposit of gold and silver allowed. 35. Paper money prohibited. 36. Individual liability of stockholders. 37. Formation of cities and villages — restric- tions upon taxation and debts. 38. Elections by the Legislature to be viva voce. 39. Proviso relating to amendments of 1862. ABTICLE y.— Executive Power. 1. Supreme executive power vested in Gov- ernor. 2. Election of Governor — term. 3. Qualifications of Governor. 4. Election returns, how made —when election by Legislature. 5. Commander-in-Chief. 6. To transact executive business — may re- quire reports from officers of Executive Department. 7. To see that the l^ws are faithfully executed. 126 Constitution of California^ 18^-1862. Bectiohs. 8. Power to fill vacancies. 9. May convene Legislature. 10. To commnnicjite by meBsage to Legisla- 'ture. 11. May adjoarn LegiBlatnre in case of disagree- ment as to time. 12. May hold no other office. 13. Pardoning power — limited in case of treason and impeachment — to report to Legislature. , 14. Great Seal — to be kept by-the Governor. 15. Grants and commissions to be sealed, signed and countersigned. 16. Lieutenant-Governor — election — qualifica- tions — term. President of Senate — when President of Senate to act as Gov- eraor. 17. When Lieutenant-Governor to act as Gov- eruor. 18. Secretary of State, Controller, Treasurer, Attorney-General and Surveyor-General — election — term. 19. Duties of Secretary of State. 20. First election of Controller, Treasurer, At- torney-General and Surveyor-General. 21. Salaries of State officers. ARTICLE YL—Jiidicial Department. 1. Judicial power, how vested. 2. Supreme Court, how composed. 8. Justices of Supreme Court — elections to he special — term. 4. Jurisdiction of Supreme Court. 5. Judicial districts — District judges — term — leave of absence not to be granted by Legislature to judges — absence for thirty days vacates office. 6. Jurisdiction of District Courts. 7. County courts — County judges — term — may issue naturalization papers — sepa- rate Probate judge in San Francisco. 8. Jurisdiction of County courts — Probate courts. 9. Justices of the peace — number — powers fixed by law. 10. Jurisdiction of Becorder^s and other infe- rior municipal courts, to be fixed by law. 11. Clerk of Supreme Court — County clerks — District attorneys — Sheriff 's duties and compensation to be fixed by law — Com- missioners to perform business at Chambers. 12. Times and places of holding courts to be fixed by law. 13. Judicial officers not to receive fees — excep- tions. 14. Decisions of Supreme Court — to be pub- lished — free for any to publish. 15. Salaries of judges. 16. Judges ineligible to other than judicial offices. 17. Judges not to charge juries in matters of. fact. 18. Style of process. 19. Proviso concerning amendments of 1862. ARTICLE YU.^MUUia. 1. Legislature to provide for organizing and disciplining. 3. Election or appointment fixed by law. S. Governor may call out militia in certain ARTICLE Vm. — StaU Debt. I. Creation of State debts prohibited beyond certain limit— except in case of war or invasion — people may sanction a debt — conditions. ARTICLE XS.. — Education. Sbctionb. 1. Election of a Superintendent of Public In- struction. 2. Legislature to encourage certain improve- ments—school fund. 3. Common schools to be supported. 4. University fund — proceeds to be applied to promotion of literature, arts and sciences. ABTICLE "X..—- Mode of Amending and Beting the ConstUution. 1. Amendments by Legislature. 2. Mode of calling a Convention — to be holden within six months after passage of laws — mode of Bubmission for ratification. ARTICLE XI. — Miscel^neoiis Provisions, 1. First session of Legislature — seat of gov- ernment. 2. Dueling to disqualify from holding office or enjoying nght of sufli^ge. 3. Oath of office. 4. County and town governments to be estab- lished. 5. Board of supervisors. 6. Officers not othei'wise provided for, to be elected or appointed by law. 7. Offices not fixed as to term, to be held at pleasure of apj)ointing power. 8. Fiscal year to begin July 1st. 9. Counties, cities and towns to support their own officers. 10. State credit not to be loaned — State not to become a stockholder. 11. Suits against the State. 12. Marriage contract not be invalidated for want of conformity to religious sects. 13. Taxation to be uniform — property to be taxed according to its value — to be as- sessed and collected by assessors and collector elected where it is situated. 14. Property of married women — registration of wife's property. 15. Homestead exemption — other property ex- emptions. 16. Perpetuities not allowed except for elee- mosynary purposes. 17. Bribery to disqualify from holding office. 18. Exclusion from juries and from right of suf- frage, on account of crimes — protection of elections. 19. Absence from the State on business not to affect question of residence. 20. A plurality of votes to constitute a choice at elections. 21. Laws, decrees, regulations and provisions that require publication, to be published in English and Spanish. ARTICLE Xn.^ Boundary. 1. Description of boimdary. SCHEDULE. 1. Bights, prosecutions, contracts, &a, not to be impaired by adoption of ConsU-* tution, 2. Bemoval of causes in courts. 3. Continuance of officers until election of new ones. 4. Term of residence not to apply at first elec- tion. 5. Persons entitled to vote for officers at first election, and on question of adoption of Constitution. 6. Mode of submission —manner of conduct- ing election — publication of result. Constitution of California, 18Jfi- 127 Sbctions. T. If ratified, to be certified to the President for information of Congress. 8 Officers to be chosen at first election. 9. First meeting of Legislature if the Coustitit- tion be adopted. 10. Returns of election to be laid before the Legislature. 11. First election of Senators for Congress — no law to take eflect until Governor is in- stalled. 12. Senators and Representatives to Congress to be fiimiBlied with certified copies of Sbotions. Constitution — to ask admission of State into the Union. 13. State oflBcers, when to be installed. 14. Present division into Senatorial and Assem- bly Districts — number of members to he elected in each. 15. Salary of Governor — of Lieutenant-Gov- ernor— of members of Legislature — mileage — Legislature to fix salaries. 16. Limitations of powers in eighth Article not to apply to first Legislature. [The amendments of isesi are in brackets.] PREAMBLE. We, the people of California, grateful to Almighty God for our free- dom, in order to secure its blessings do establish this Constitution. ARTICLE L DECLAEATION' OF EIGHTS. Sectiok 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting prop- erty, and pursuing and obtaining safety and happiness. § 3. All political power is inherent to the people. Government 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. § 3. The right of trial by jury shall be secured to all, and remain inviolate forever ; but a trial by jury may be waived by the parties in all civil cases, in the manner to be prescribed by law. § 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. § 5. The privilege of the writ of haheas corpus shall not be sus- pended, unless when, in case of rebellion or invasion, the public safety may require its suspension. § 6. Excessive bail shall not be required, nor excessive fines im- posed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained. § 7. All persons shall be bailable by sufiBdent sureties, unless for capital offenses, when the proof is evid "-nt or the presumption great. 128 Constitution of California, 1849-6Z. § 8. Ko person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature), unless on presentment or indictment of a grand jury ; and, in any trial in any court whatever, the party accused shall be allowed to appear and defend in -person and with counsel, as in civil actions. No person shall be subject to be twice put fin jeopardy for the same offense ; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law ; nor shall private property be taken for public use without just compensation. § 9. Every citizen may freely speak, write and publish his senti- ments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indictments 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 pub- lished with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. § 10. 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. § 11. All laws of a general nature shall have a uniform operation. § 13. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace ; and in time of war no appropriation for a standing army shall be for a longer time than two years. § 13. Ifo soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, except in the manner to be prescribed by law. § 14. Eepresentation shall be apportioned according to population. § 15. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud ; and no person shall be imprisoned for a militia fine in time of peace. § 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. § 17. 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. Constitution of California, 1849-62. 129 § 18. Neither slavery nor inToluntary servitude, unless for tlie punishment of crimes, shall ever be tolerated in this State. § 19. The right of the people to be secure in their persons, 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 be seized. § 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. § 21. This enumeration of rights shall not be construed to impair or deny others retained by the people. ARTICLE II. EIGHT OF SUEFKAGE. SECTioiir 1. Every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law: Provided, that nothing herein contained shall be construed to pre- vent the Legislature, by a two-thirds concurrent vote, from admitting to the right of suffrage Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and proper. § 2. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to and returning therefrom. § 3. Xo elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. § 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison. 17 130 Constitution of California, 18Ji9-62. § 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. § 6. All elections by the people shall be by ballot. AETICLB III. DISTRIBUTIOJSr OF POWEES. The powers of the government of 4;he State of California shall be divided into three separate Departments — the legislative, the exec- utive, aiid judicial; and no person charged with the exercise of powers properly belonging to one of these Departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted. ARTICLE rV. LEGISLATIVE DEPARTMENT. Section 1. The legislative power of this State shall be vested in a ■ Senate and Assembly, which shall be designated " The Legislature of the State of California," and the enacting clause of every law shall be as follows : " The people of the State of California, represented in Senate and Assembly, do enact as follows." § %. The sessions of the Legislature shall be [biennial,-] and shall commence on the first Monday of [December] next ensuing the election of its members, unleps the Governor of the State shall, in the interim, convene the Legislature by proclamation. [No session shall continue longer than one hundred and twenty days.] § 3. The members of the Assembly shall be chosen [biennially] by the qualified voters of their respective districts, on the [first "Wednesday in September,'] unless otherwise ordered by the Legislature, and their term of office shall be [two] years. § 4 Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent. § 5. Senators shall be chosen for the term of [four'] 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 [one year*] next before his election. § 6. The number of Senators shall not be less than one-third, nor 1 The sessions were at first annual, and commenced on the first Monday of January. They had no restriction as to continuance. 2 Elections were formerly on the Tuesday after the first Monday of Novemher. ' Formerly two years. * Formerly six months. Constitution of California, 1849-6£. 131 more than one-half of that of the members 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 [second] year, so that one-half shall be chosen [biennially]. § 7. When the number of Senators is increased, they shall be ap- portioned by lot, so as to keep the two classes as nearly equal in number as possible. § 8. Each House shall choose its own oflacers, and judge of the qualifications, elections and returns of its own members. §•9. 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. § 10. Each 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. § 11. Each House shall keep a journal of its own proceedings, 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. § 13. 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 Legislature, nor for fifteen days next before the commencement and after the termination of each session. § 13. When vacancies occur in either House, the Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies. § 14. The doors of each House shall be open, except on such occasions as in the opinion of the House may require s&credy. § 15. Neither House shall, without the consent of the other, ad- journ for more than three days, nor to any other place than that in which they may be sitting. § 16. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended in the other. § 17. 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- 132 Constitution of California, 19Ji9-62. thirds of the members of each House present, it shall become a law, notwithstanding the Governoi-'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 Legislature, by adjournment, prevent such return. § 18. The Assembly shall have the sole power of impeachment; and all impeachments shall be tried ^y the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the members present. § 19. The Governor, Lieutenant-Governor, Secretary of State, Con- troller, Treasurer, Attorney-General, Surveyor-General, justices of the Suprteme Court, and judges of the District Courts, shall be liable to impeachment for any misdemeanor in office ; but judgment in such cases shall extend only to removal from office, and disqualifi- cation to hold any office of honor, trust or profit, under the State ; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment, according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide. § 20. ITo Senator or Member of Assembly shall, dunng the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people. § 21. !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 officers 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. § 22. No person who shall be convicted of the embezzlement 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 Legis- lature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony. § 23. No money shall be drawn from the treasury but in con- sequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws at every regular session of the Legis- lature. § 24. The members of the Legislature shall receive for their serv- Constitution of California, 18Jfi-6Z. 133 ices a compensation to be fixed by law, and paid out of the public treasury ; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected. § 25. 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 revised, or section amended, shall be re-enacted and published at length. § 36. No divorce shall be granted by the Legislature. § 37. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. § 38. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature, in the year one thousand eight hundred and fifty-two, and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the TJnited States, in the year one thou- sand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature. § 39. The number of Senators and Members of Assembly' shall, at the first session of the Legislature holden after the enumerations herein provided for are made, be fixed by the Legislature, and ap- portioned among the several counties' and districts to be established by law, accordiug to the number of white inhabitants. The number of Members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand; and after that period, at such ratio that the whole number of Members of Assembly shall never be less than thirty, nor more than eighty. § 30. "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. No county shall be divided, in forming a Congressional, Senatorial, or Assembly District [so as to attach one portion of a county to another county ; but the Legislature may divide each county into as many Congressional, Senatorial, or Assembly Districts, as such county may, by apportionment, be en- titled to]. §31. Corporations may be formed under genera! 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. § 33. Dues from corporations shall be secured by such individual 134 Constitution of California, 1849-62. liability of the corporators, and other means, as may be prescribed by law. § 33. The term " corporations " as used in this article shall be con- strued to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by in- dividuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be suei in all courts in like cases as natural persons. § 34 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 ho such association shall mak^ 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. § 35. The Legislature of this State shall prohibit,- by law, any person or persons, association, company, or corporation, from exer- cising the privileges of banking, or creating paper to circulate as money. § 36. Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for his proportion of all its debts and liabilities. § 37. It shall be the duty of the Legislature to provide for the organi- zation of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loan- ing their credit, so as to prevent abuses in assessments and in con- tracting debts by such municipal corporations. § 38. In all elections by the LegislaturCj the members thereof shall vote viva voce, and the votes shall be entered on the journal. § 39. [In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to article IV by the Legislature of eighteen hundred and sixty-one, no oflBcer shall be suspended oi* superseded thereby, until the election and qualification of the several officers provided for in said amendments.] ARTICLE V. EXECUTIVE DEPAETMEKT. Sbctiobt 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of California. § 2. The Governor shall be elected by the qualified electors, at the fime and places of voting for Members of Assembly, and shall hold Constitution of California, ISlfiS'Z, 135 his office [four] years from [and after the first Monday subsequent to his election], and until his successor shall be qualified. § 3. No person shall be eligible to the office of Governor (except at the first election), who has not been a citizen of the United States and a resident of this State two years next preceding the election, and attained the age of twenty-five years at the time of said election. § 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in presence of both Houses of the Legislature. The per- son having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint vote of both Houses, choose one of said persons, so having an equal and the highest number of votes, for Governor. § 5. The Governor shall be commander-in-chief of the militia, the army and navy of this State. § 6. He shall transact all executive business with the officers of Government, civil and military, 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. § 7. He shall see that the laws are faithfully executed. § 8. 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 Leg- islature, or at the next election by the people. § 9. 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. § 10. He shall communicate by message to the Legislature, at every session, the condition of the State, and recommend such matters as he shall deem expedient. X § 11. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor 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. § 12. No person shall, while holding any office under the United States or this State, exercise the office of Governor, except as herein- after expressly provided. § 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and 136 Constitution of California, 1849-62. limitations, as he may think proper, subject to such regulations as may be provided by law relative to the , manner of applying for pardons. Upon conviction for treason he shall haVe the power to suspend the execution of the sentence until the case shall be reported to the Legis- lature at its next meeting, when the Legislature shall either pardon, direct the execution, of the sentence, or grant a further reprieve. He shall communicate to the Legislature, at the beginning of every ses- sion, every case of reprieve or pardon Ranted, stating the name of the convict, the crime of which he was convicted, the sentence, at its date, and the date of the pardon or reprieve. § 14. There shall be a Seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called "The Great Seal of the State of California." § 15. All grants and commissions shall be in the name and by the authority of the people of the State of California, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the 'Secretary of State. § 16. A Lieutenant-Governor shall be elected at the same time and places, and in the same manner, as the Governor ; and his term of office, and his qualifications of eligibility, shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieuten- ant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his oflfice, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled, or the disability shall cease. § 17. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, 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 shall cease. 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 shaU continue commander-in-chief of the military force of the State. § 18. A Secretary of State, a Controller, a Treasurer, an Attorney- General, and. [a] Surveyor-General, shall be [elected at the same time and places, and in the same manner, as the Governor and Lieutenant- Governor, and whose term of office shall be the same as the Governor.*] § 19. The Secretary of State shaU 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, 1 The Secretary was f onnerly appointed by the Governor and Senate. Constitution of California, 1849-62. 137 before either brancli of the Legislature, and shall perform such other duties as shall be assigned him by law ; [and in order that no incon- venience may result to the public service from the taking effect of the amendments proposed to said article five by the Legislature of eighteen hundred and sixty-one, no ofl&cer shall be superseded or suspended thereby, until the election and qualification of the several officers pro- vided for in said amendments.] § 20. The Controller, Treasurer, Attorney-General and Surveyor- General, shall be chosen by joint- vote of the two Houses of the Legis- lature, at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant-Governor. § 21. The Governor, Lieutenant-Governor, Secretary of State, Con- troller, Treasurer, Attorney-General, and Surveyor-General shall each, at stated times during their continuance in office, receive for their services a compensation, which shall not be increased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the perform- ance of his official duties. ARTICLE VI. JUDICIAL DEPAETMENT. Sectioit 1. 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 Recorder's and other inferior courts, as the Legislature may establish in any incorpo- rated city or town]. § 2. The Supreme Court shall consist of a Chief Justice and [four] Associate Justices. [The presence of three Justices shall be necessary for the transaction of business, excepting such business as may be done at Chambers, and the concurrence of three Justices shall be necessary to pronounce judgment.] § 3. The Justices of the Supreme Court shall be elected by the quali- fied electors of the State [at special elections to be provided by law, at which elections no officer other than judicial shall be elected, except a Superintendent of Public Instruction. The first election for Justices of the Supreme Court shall be held in the year eighteen hundred and sixty-three. The Justices shall hold their offices for the term of ten years from the first day of January 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 the Chief Justice]. 18 138 Constitution of California, 18^9-62. [§ 4. The Supreme Court shall haye appellate jurisdiction in all cases in equity ; also in all cases at law which involve the title or pos- session 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 three hundred dollars; also, in all cases arising in the Probata Courts; and, also, in all criminal cases amounting to felony 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 tha State, upon petition on behalf of any person held in actual cus- tody, and may make such writs returnable before himself, or the Su- preme Court, or before any District Court, or any county court in the State, or before any Judge of said courts. § 5. The State shall be divided, by the Legislature of eighteen hun- dred and sixty-three, into fourteen Judicial Districts, subject to such alteration, from time to time, by a two-thirds vote of all the members elected to both Houses, aa the public good may require ; in each of which there shall be a District Court, and for each of which a District Judge shall be elected by the qualified electors of the dis- trict, 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. The District Judges shall hold their offices for the term of six years from the first day of January next after their election. 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 upward of thirty consecutive days shall be deemed to have for- feited his office. § 6. The District Courts shall have original jurisdiction in all cases in equity ; also, in all cases at law which involve the title or posses- sion of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars ; and also, in all criminal cases not otherwise provided for. The District Courts and their judges shall have power to issue writs of habeas corpus on petition by, or on be- half of, any person held in actual custody in their respective districts. § 7. 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 electors 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. The County Judges shall hold their Constitution of California, 18^9-62. 139 ofiBces for the term of four years from the first day of January next after their election. Said courts shall also have power to issue nat- uralization papers. In the city and county of San Francisco, the Legislature may separate the oflBces of Probate Judge from that of County Judge, and may provide for the election of Probate Judge, who shall hold his ofiQce for the term of four years. § 8. The County Courts shall have original jurisdiction of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and of all such special cases and proceed- ings as are not otherwise provided for; and also such criminal juris- diction as the Legislature may prescribe'; they shall also have appel- late jurisdiction in all cases arising in courts held by Justices of the Peace and Eecorders, 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 li.old in their several counties 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. § 9. 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. The Supreme Court, the District Courts, County Courts, the Probate Courts, and such other courts as the Legislature shall pre- scribe, shall be courts of record. § 10. The Legislature shall fix by law the jurisdiction of any Ee- corder's, or other inferior municipal, court 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 § 11. The Legislature shall provide for the election of a clerk of the Supreme Court, County Clerks, District Attorneys, Sheriffs, and other necessary ofiBlcers, and shall fix by law their duties and compensation. County Clerks shall be ex ofiScio clerks of the courts of record in and for their respective counties. The Legislature may also provide for the appointment by the several District Courts of one or more Com- missioners in the several counties of their respective districts, with authority to perform chamber business of the judges of the District Courts and County Courts, and also to take depositions, and perform such other business connected with the administration of justice as may bo prescribed by law. § 12. The times and places of holding the terms of the several courts of record shall be provided for by law. 140 COKSTITVTION OF CALIFORNIA, 1849-62. § 13. Ifo judicial ofiScer, except Justices of the Peace, Eecorders and Commissioners, shall receire for his own use any fees or perquisites of office. § 14. The Legislature shall provide for the speedy publication of such opinions of the Supreme Court as it may deem expedient : and all opinions shall be free for publication by any person. § 15. The Justices of the Supreme Court, District Judges and County Judges, shall severally, at stated timeS during their continuance in office, receive for their services a compensation, which shall not be increased or diminished during the term for which they shall have been^elected : Provided, That County Judges shall be paid out of the county treasury of their respective counties. § 16. The Justices of the Supreme Court, and the District Judges and the County Judges, shall be ineligible to any other office than a judicial office during the term for which they shall have been elected. § 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. § 18. The style of all process shall be: "The People of the State of California,", and all prosecutions shall be conducted in their name and by their authority. § 19. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said article six by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded thereby, nor shall the organization of the several courts be changed thereby, until the election and qualification of the several officers provided for in said amendments.] ARTICLE VIL MILITIA. Section 1. The Legislature shall provide by law for organizing and disciplining the militia, in such manner as they shall deem ex- pedient, not incompatible with the Constitution and laws of the United States. § 3. 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 Governor. § 8. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrectiops, and repel invasions. CoNmnuTiON of Oalifobnia, 18Jfi-62. 141 AETICLE VIII. STATE DEBT. 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 liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion or suppress insurrec- tion, unless the same shall be authorized 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 dis- charge the principal of such debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal 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 cast for and against it at such election; 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 newspaper 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. AETICLE IX. EDUCATIOK. Sectioit 1. [A Superintendent of Public Instruction shall, at the special election for judicial oflBcers, to be held in the year eighteen hundred and sixty-three, and every four years thereafter, at such special elections, be elected by the qualified voters of the State, and shall enter upon the duties of his ofllce on the first day of December next after his election.] § 3. The Legislature shall encourage by all suitable means the pro- motion 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. D. 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 142 Constitution op California, 18^-62. perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Legislature may pro- Tide, shall be inviolably appropriated to the support of common schools throughout the State. § 3. The Legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each district at ■ least three months in every year, and any district neglecting to keep and support such a school may be deprived of its proportion of the interest of the public fund during such neglect. § 4. The Legislature shall take measures for the protection, im- provement 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 eflfectual means for the improvement and permanent security of the funds of said university. AETICLE X. MODE OB AME2SrDING AND EEVISIlfG THE CONSTITUTION. Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or 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 be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen as aforesaid, such proposed amend- ment or amendments shall be agreed to by a majority of all the mem- bers elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe ; and if the people shall approve and ratify such amendment or amend- ments by a majority of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amendments shall become part of the Constitution. § 2. And if, at any time, two-thirds of the Senate and Assembly shall think it necessary to revise and change this entire Constitution, Constitution of California, 18Ji9-62. 143 they shall recommend to the electors, at the next election for mem- bers of the Legislature, 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 Convention, the Legislature shall, at its next session, provide 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 members not less than that of both branches of the Legislature. [The Constitution that may have been agreed upon and adopted by such Convention shall be submitted to the people, at a special election, to be provided for by law, for their ratification or rejection; each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written, or printed, the words "For the new Constitution," of " Against the new Constitution." The returns of such election shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer and Secretary of State, and compare the votes so certified to him. If, by such examination, it be ascertained that the whole number of votes cast at such election be in favor of such new Con- stitution, the Executive of this State shall, by his proclamation, declare such aew Constitution to be the Constitution of the State of California.'] ARTICLE XL MISCELLANEOUS PKOVISIOlSrS. Sectiok 1. The first session of the Legislature shall be held at the Pueblo de San Jose, which place shall be the permanent seat- of gov- ernment until removed by law; provided, however, that two-thirds of all the members elected to each House of the Legislature shall concur in the passage of such law. § 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it ; or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution. § 3. Members of the Legislature, and all officers, executive and judi- cial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that I will sup- 1 Amended November 4, 1856. 144 CONSTITVTION OF CALIFORNIA, 18^9-62. port tlie Constitution of the United States, and the Oonstitation of the State of California, and that I will faithfully discharge the duties of the of&ce of , according to the best of my ability." And no other oath, declaration or test shall be required as a qualifi- cation for any ofiBce of public trust. § 4. The Legislature shall establish a system of county and town goTernments, which shall be as nearly uniform as practicable through- out the State. * § 5. 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. ■ § 6. All officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shaU be elected by the people, or appointed as the Legislature may direct. § 7. When the duration of any office is noi provided for by this Con- stitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appoint- ment ; nor shall the duration of any office not fixed by this Constitu- tion ever exceed four years. § 8. The fiscal year shall commence on the first day of July. § 9. Each couniy, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such restrictions and regulations as the Legislature may prescribe. § 10. The credit of the State shall not in any manner be given or loaned to, or in aid of, any individual, association, or corporation ; nor shall the State, directly or indirectly, become a stockholder in any asso- ciation or corporation. § 11. Suits may be brought against the State in such manner, and in such courts, as shall be directed by law. § 13. No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any reli- gious sect. § 13. 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 ; 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. § 14 All property, both real and personal, of the wife, owoed or claimed by marriage, and that acquired by gift, devise or descent, shall be her separate property ; and laws shall be passed more clearly defining Constitution of California, 1849-62. 145 the rights of the wife, in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. § 15. The Legislature shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families. § 16. No perpetuities shall be allowed, except for eleemosynary pur- poses. § 17. Every person shall be disqualified from holding any oflB.ce of profit in this State who shall have been convicted of having givfen or offered a bribe, to procure his election or appointment. § 18. Laws shall be made to exclude from ofl&ce, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue infiuence thereon from power, bribery, tumult, or other improper practice. § 19. Absence from the State on business of the State, or of the United States, shall not affect the question of residence of any person. § 30. A plurality of the votes given at an election shall constitute a choice, where not otherwise directed in this Constitution. § ;il. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish. AETIOLE XII. BOUKDAEY. The boundary of the State of California shall be as follows : Commencing at the point of intersection of forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of said one hun- dred and twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude ; thence running in a straight line in a southeasterly direction to the river Colorado, at a point where it intersects the thirty-fifth degree of north latitude ; thence down the middle of the channel of said river, to the boundary line between the United States and Mexico, as established by the treaty of May 30th, 1848 ; thence running west and along said boundary line to the Pacific ocean, and extending therein three English miles ; thence running in a northwesterly direction, and following the direction of the Pacific coast, to the forty-second degree of north latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also all the islands, harbors and bays, along and adjacent to the Pacific coast. 19 146 Constitution of California, 1849-62. SCHEDULE. Sectiost 1. All rights, prosecutions, claims, and contracts, as well of indiTlduals as of bodies corporate, and all laws in force at tlie time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted. § 2. The Legislature shall provide for the removal of all causes which may be pending when this Constitution goes into effect, to courts created by the same. § 3. In order that no inconvenience may result to the public service from the taking effect of thi^ Constitution, no ofBce shall be super- seded 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. § 4. The provisions of this ConstituJ;ion concerning the term of resi- dence necessary to enable persons to hold certain offices therein men- tioned shall not be held to apply to officers chosen by the people at ■ the first election, or by the Legislature at its first session. § 5. Every citizen of California declared a legal voter by this Con- stitution, 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 on the question of the adoption thereof. § 6. This Constitution shall be submitted to the people, for their ratification or rejection, at the general election to be held on Tuesday, the thirteenth day of Noverrlber next. The Executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the Prefects of the several districts, or in case of vacancy, the Sub-Prefects, or Senior Judge of First Instance, to cause such election to be held, the day aforesaid, in the respective districts. The election shall be conducted in the manner which was prescribed for the election of delegates (.o this Convention, except that the Pre- fect, Sub-Prefect, or Senior Judge of First Instance ordering such elec- tion in each district, shall have power to designate any additional number of places for opening the polls, and that in every place of holding the election a regular poll list shall be kept by the judges and inspectors of election. It shall also be the duty of these judges and inspectors of election, on the day aforesaid, to receive the votes of the electors qualified to vote at such election. Each voter shall express his opinion, by depositing in the ballot-box a ticket, whereon shall be written, or printed, " For the Constitution," or " Against the Con- Constitution of California, 18^9-62. 147 stitntion," or some such words as will distinctly conyey the intention of the voter. These judges and inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the judges and inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, Sub-Prefect, or Senior Judge of the First In- staoce, as the case may be, of their respective districts ; and said Pre- fect, Sub-Prefect, or Senior Judge of First Instance, shall transmit one of the same, by the most safe and rapid conveyance, to the Secretary of State. Upon the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a Board of Canvassers, to consist of the Secretary of State, one of the judges of the Superior Court, the Prefect, Judge of First In- stance, and an Alcalde of the district of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the Executive will also, immediately after ascertain- ing that the Constitution has been ratified by the people, make procla- mation of the fact ; and thenceforth this Constitution shall be ordained and established as the Constitution of California. § 7. If this Constitution shall be ratified by the people of California, the Executive of the existing government is hereby requested imme- diately after the same shall be ascertained, in the manner herein di- rected, 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. § 8. At the general election aforesaid, viz. : the thirteenth day of November next, there shall be elected a Governor, Lieutenant-Gov- ernor, members of the Legislature, and also two members of Congress. § 9. If this Constitution shall be ratified by the people of California, the Legislature shall assemble at the seat of government on the fif- teenth day of December next ; and in order to complete the organiza- tion of that body, the Senate shall elect a President j?ro tempore until the Lieutenant-Governor shall be installed into office. § 10. On the organization of the Legislature it shall be the duty of the Secretary of State to lay before each 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. § 11. The Legislature, at its first session, shall elect such officers as may be ordered by this Constitution to be elected by that body. 148 Constitution of California, 1849-62. and, within four days after its organization, proceed to elect two Sen- ators to the Congress of the United States. But no law passed by the Legislature shall take effect until signed by the GoTernor after his in- stallation into oflBce. , § 13. The Senators and Representatives to the Congress of the United States, elected by the Legislature and people of California as herein directed, shall be furnished with certified copies of this Constitution, when ratified, which \hey shall lay before the Con- gress of the United States, requesting, in the name of the people of California, the admission of the State of California into the Ameri- can Union. § 13. All oflBcers of this State, other than members of the Legisla- ture, shall be installed into ofiBce on the fifteenth day of December next, or as soon thereafter as practicable. § 14. Until the Legislature shall divide the State into counties, and Senatorial and Assembly districts, as directed in this Constitution, the following shall be the apportionment of the two Houses of the Legislature, viz. : the districts of San Diego and Los Angeles shall jointly elect two Senators ; the districts of Santa Barbara and San Luis Obispo shall jointly elect one Senator ; the district of Monterey, one Senator ; the district of San Jose, one Senator ; the district of San Francisco, two Senators ; the district of Sonoma, one Senator ; the district of Sacramento, four Senators ; and the district of San Joaquin, four Senators. And the district of San Diego shall elect one member of Assembly ; the district of Los Angeles, two members of Assembly ; the district of Santa Barbara, two members of Assembly ; the district of San Luis Obispo, one member of Assembly ; the dis- trict of Monterey, two members of Assembly ; the district of SanJos^ three members of Assembly ; the district of San Francisco, five mem- bers of Assembly ; the district of Sonoma, two members of Assembly ; the district of Sacramento, nine members of Assembly ; and the dis- trict of San Joaquin, nine members of Assembly. § 15. Until the Legislature shall otherwise direct, in accordance with the provisions of this Constitution, the salary of the Governor shall be ten thousand dollars per annum ; and the salary of the Lieu- tenant-Governor shall be double the pay of a State Senator ; and the pay of members of the Legislature shall be sixteen dollars per diem while in attendance, and sixeen dollars for every twenty miles travel, by the usual route from their residences, to the place of holding the session of the Legislature, and in returning therefrom. And the Legislature shall fix the salaries of all officers, other than those elected by the people at the first election. Constitution of California, 1843-6B. 149 § 16. The limitation of the powers of the Legislature, contained in Article eight of this Constitution, shall not extend to the first Legis- lature elected under the same, which is hereby authorized to negotiate for such amount as may be necessary to pay the expenses of the State goTernment. ROBEET SBMPLE, President of the Convention, and Delegate from Benicia.. Wm. G. Maeot, Secretary. Joseph Aram, San JosS. Charles T. Botts, Monterey. Elam Brown, San Jose. Jose Antonio Carrillo, Los Angeles. Jose M. Covarrubias, San Imis Obispo, Elisha D. Crosby, Sacramento. Pablo de la Guerra, Santa Barbara. Lewis T. Dent, Monterey. Manuel Dominguez, Los Angeles. Kimball H. Bunmick, San Josi. A. J. Ellis, .'. San Francisco. Stephen C.Foster, Los Angeles. Edward Gilbert, Sam Francisco. "William M. Gwiu Sam, Framcisco. Henry W. Halleck, Monterey, Julian Hanks, San Josi. L. W. Hastings, Sacramento, Henry Hill Som Diego. Joseph Hobson, San Francisco. J. McH. HoUingsworth, San Joaquin. J. D. Hoppe, San Josi. J. M. Jones, .? San Joaquin. Thomas O. Larkin, Monterey. Francis J. Lippitt, San Francisco. Benjamin 8. Lippincott, San Joaquin. M. M. MoCarver Sacramento. John McDougal, _ Sacramento. B. F. Moore, San Joaquin. Myron Norton, San Francisco. Pacificus Ord, Monterey. Miguel Pedrorena, Sam Diego. Antonio M. Pico, Sam Jose. Rodman M. Price, San Frcmcisco. Hugo Beid, Los Angeles. Jacinto Rodriguez, Santa Barbara. Pedro Sansevani, San Josi, William E. Shannon, Sacramento, Winfield S.Sherwood, Sacramento. Jacob R. Snyder...... Sacramento. Abel Stearns, Los Angeles. 150 Constitution or California, 1849-6^. William M. Stewaxt, San Frcmdsco. John A. Sutter, Sacramento. Henry A. Tefft, Sanlmis Obispo, Mariano G-. Vallejo, Sonoma. Thomas Lloyd Yermeule, San Joaquin,. Joel P. Walker, Sonoma. O M. Wozencraft, Sam, Joaquin. CONNECTICUT. In 1630 Robert, Earl of Warwick, President of the Plymouth Company, ob- tained a patent from the Council of that company for a tract of land, being " all that part of New England in America, which lies and extends itself from a river tliere called Narragansett river, the space of forty leagues upon a straight line near the sea-shore toward the southwest, west, and by south or west as the coast lyeth toward Virginia, » ■» » » and in aU the breadth aforesaid throughout the main lands there, from the Western Ocean to the South Seas." On the 19th of March, 1631, the Earl of Warwick conveyed his grant to the Hon. WUliani, Viscount Say and Seal ; Robert, Lord Brook ; Robert, Lord Rich ; Charles Piennes, Esq. ; Sir Nathaniel Rich, Sir Richard Saltonstall, and others. The first attempt at occupation was made in 1633, and formal possession was taken in 1635. The Dutch of New Netherland claimed a portion of these lands, and a long controversy followed. Even to the present day, the exact boundary between Connecticut and New York is not entirely settled. In 1635, settlement was begun on the Connecticut river, at Wethersfleld and Windsor, and soon after iu other places, by colonists who at first acknowledged the authority of Massachusetts, but, finding themselves beyond the limits of that colony, the settlers on the Connecticut met at Hartford, Januai-y 14, 1639, and, after mature deliberation, adopted a form Of government for themselves. It pro- vided that there should be two General Assemblies, annually, and that there should be annually elected by the freemen, in April, a Governor and six Assistants, and that as many other officers should be chosen as might be fbund requisite. The General Court had sole power to make or repeal laws, grant levies, admit free- men, dispose of vacant lands, call other courts, or magistrate, or any other per- son whatsoever, into question for any misdemeanor ; remove or deal otherwise with public officers for just cause, and deal in any other matter that concerned the good of the Commonwealth, except election of magistrates. The Governor was to preside at the General Court, and had a casting vote, in case of a tie, and no Court could be adjourned without a vote of the major part thereof. Elections were held under this authority, and the first General Court assembled at Hartford, in April, 1639, £lnd proceeded, as they had leisure, to enact a system of laws, and a Bill of Rights. It was ordained that no man's life should be taken away, no man's honor or good name be stained, no man's person be arrested, re- strained, banished, dismembered, nor any wise punished ; that no man should be deprived of his vrife or children ; no man's goods or estate should be taken away from him nor any wise endamaged, under color of law, or countenance of author- ity, unless it should be by the virtue of some express law of the Colony war- ranting the same, established by the General Court, and sufficiently published ; or in case of the defect of such law, in any particular case, by some clear and plain rule of the Word of God, in which the whole Court should concur. It was also ordained that all persons in the Colony, whether inhabitants or not, should enjoy the same law and justice, without partiality or delay. In short, the su- preme power — legislative, executive and judicial — was vested in the General Court, and the system presented the essential features of an independent Com- monwealth or State. 152 Connecticut. Church membership was not made an indispensable qualification of a free- man, as in some other Colonies. The rights of the patentees were purchased in 1644, by the General Court of Connecticut, for £7,000. A colony was planted at New Haven in 1638, by emigrants from England, who held no title from the patentees, but purchased their lands from the natives. After living more than a year without any code of government, they convened, June 4th, 1639, and in solemn form proceeded to lay the foundations of civil government, based upon the declaration that the Scriptures hold forth a perfect rule for the direction and government of all men in all 'duties which they are to perform to God and man, as well in families and the Commonwealth as in matters of the church. Under this view of the origin of civil government, they decreed to receive none as freemen but such as had been admitted into the church ; and, that civil officers might be chosen and a government organized, it was necessary that a church should be formed. They proceeded to elect twelve men for this duty, of whom seven were chosen to draw up the form of a solemn charge or oath, and, after declaring all former trusts for the management of the public affairs of the plantation void, they proceeded to admit such as desired and offered themselves as members. An election of officers followed, when Mr. Davenport, their minister, gave to Governor Eaton the following charg6.in open court, from Deut. i, 16, 17 : " And I charged your Judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment ; but ye shall hear the small as well as the great ; ye shall not be afraid of the face of man ; for the judgment is God's : and the cause that is too hard for you, bring it unto Me, and I will hear it." Sixty-three members subscribed to this covenant on the first day, and about fifty others were soon after added. Under this fundamental Constitution, the General Court consisted of the Governor, Deputy, magistrates, and two Deputies from each plantation, and was declared to be " the Supreme Power, under God, of the independent dominions," and had authority "to declare, piublish, and establish the laws of God, the Supreme Legislator, and to make and repeal orders for smaller matters not particularly determined in Scripture, according to the general rules of righteousness ; to order all affairs of war and peace, and all matters relative to the defending or fortifying the country ; to receive and determine all appeals, civil or criminal, from any inferior courts, in which they are to proceed according to Scripture light, and laws, and orders agreeing there- with." No juries were employed, either in civil or criminal cases, all matters of fact being determined by the court ; but otherwise the mode of government very nearly resembled that of Massachusetts. No Deputy-Governor was at first chosen, and no laws were enacted, but in the form of resolutions, until, by the addition of new towns, the General Court received a new form, and a system of civil polity was gradually developed. The criminal code under this government was derived from the Mosaic law, and was enforced with rigor. The two Colonies of Connecticut and New Haven continued separate until united under a Charter granted by Charles II, April 23, 1662, although the latter did not yield assent to the union until December 13, 1664, the final resolves for this purpose being passed by the General Assembly of Connecticut, on the 20th of April, 1665. This Charter incorporated the inhabitants by the name of "the Governor and Company of the Colony of Connecticut in New England in America,'' and vested the supreme power in a General Court of Assembly, com- posed of an upper and a lower House, the former consisting of the Governor, Deputy-Governor and twelve Assistants, all of whom were elected annually. It met twice annually, in May and October, and two Representatives were elected Connecticut. X53 from each city or town for each session. Special sessions might be called by the Gkjvernor, or, in his absence, by the Deputy-Governor. A Treasurer and Secre- tary were annually elected by the freemen. The General Assembly had authority to appoint and organize judicatories, admit freemen, elect officers, establish laws and ordinances not contrary to the laws of England, punish offenses, grant par- dons, and exercise military authority in case of necessity. No BUI of Rights was included in the Charter, hut the inhabitants were guar- anteed all the rights, liberties and immunities of natural-born subjects of the realm. At an early period under the Charter an act was, however, passed, which was subsequently repeated in the act continuicg the Charter as the fundanjental law of the State, and which enumerated many of the natural and inherent rights of the citizen. The Charter was sUent as to religious rights or privileges ; but laws were passed, requiring all persons to attend public worship, and for the support of ministers of religion by towns. The choice of ministers was at first left to the householders of the town, but in 1 1708 this right was restricted to church members. In 1709, the " Saybrooli Platform" was approved and con- tinued down to modern times, to regulate in discipline and doctrine the eccle- siastical affairs of the State. The prevalent form of religious worship in former times was the Congregational. Churches could only be organized by the consent of the General Assembly, and the approbation of the neighboring churches ; and no ministry or church organization was entertained or authorized separate from, and in opposition to, that publicly observed and dispensed by the approbation and consent aforesaid. In the earlier periods, persecution and intol- erance prevailed, nor did it abate until, in pursuance of the statutes of 1 William and Mary, dissenters were allowed the liberty of conscience without molestation. Every person coming into the colony, or bom there, was required to take an oath of allegiance before being admitted as a freeman, nor could he enjoy this privilege without a property qualification of 40 shillings freehold, per annum, or £40 personal estate. The trial by jury was secxired in civil and criminal cases, and if the court were dissatisfied with the verdict, they might send back the jury to consider the same, but not more than twice. The Criminal Code was in general like that of Massachusetts. The Judges and Justices were appointed annually by the General Court, and were generally re-appointed during capacity or good behavior. Sheriffs were appointed by the Governor and Council without limitation of time ; general and field officers of the mUitia were appointed by the General Assembly, and commissioned by the Governor ; and officers of lower grade were elected by a vote of the company, and householders living within their districts. Public schools were supported by towns, and a maritime code was adopted, regulating the rights, duties and authority of shipowners, seamen and others concerned in commerce. In 1685, a writ of quo warranto was issued by King James, against the colony, for the purpose of repealing its Charter, but no judgment appears to have been rendered. In 1687, Sir Edmund Andros, Governor of New England, declared the Charter void, but on the 9th of May, 1689, after the revolution in England had placed William and Mary upon the throne, the people resumed the ^xeroise of its powers. ' The provisions of this Charter were found so well suited to their condition, that, by an act passed in 1776, entitled " An act containing an abstract and declara- tion of the rights and privileges of the people of this State, and securing the same," it was continued in force as the fundamental law of the State. The act was as follows : 20 154 Connecticut. , " The people of this State being, by the providence of God, free and independ- ent, have the sole and exclusive right of governing themselves as a free, ' sovereign and independent State; and having from their ancestors derived a free and excellent constitution of government, whereby the Legislature depends on the free and annual election of the people, they have the best security for the preservation of their civil and religious rights and liberties. And forasmuch as the free fruition of such liberties and privileges as humanity, civility and Christianity call for, as is due to every man In his place and proportion, without impeachment and infringement, hath ever been, and will be, the tranquillity and stability of churches and commonwealths, and the denial thereof, the disturb- ance, if not the ruin, of both, " Be it e/aacted and decla/ted by the Governor, Council and Representatives in General Court assembled, and by the authority of the same, that the ancient form of civn government, contained in the charter from Charles the ^econd, king of England, and adopted by the people of this State, shall be and remain the civil Constitution of this State, under the sole authority of the people thereof, inde- pendent of any king or prince whatever. And that this Republic is, and shall forever be and remain, a free, sovereign and independent State, by the name of The State of Connecticut. " And be it further enacted and declared by the authority aforesaid, that no man's life shall be taken away ; no man's honor or good name shall be stained; no man's person shall be arrested, restrained, banished, dismembered nor any ways punished; no man shall be deprived of his wife or children; no man's goods or estate shall be taken away from him, nor any ways endamaged under the color of law or countenance of authority, unless clearly warranted by the laws of this State. " That all the free inhabitants of this or any other of the United States of America, and foreigners in amity with this State, shall enjoy the same justice and law within this State, which is general for the State, in aU cases, proper for the cognizance of the civil authority and courts of judicature within the same, and that without partiality or delay. " And that no man's person shall be restrained or imprisoned by any author- ity whatsoever, before the law hath sentenced him thereto, if he can and will give sufficient security, bail or mainprize for his appearance and good behavior in the mean time, unless it be for capital crimes, contempt in open court, or in such cases wherein some express law doth allow of, or order the same." Prom a general attact^ment to the Colonial Charter as the organic law of the State, there gradually grew up a party intent upon a change. The courts of law were subjects of animadversion, and the method of choosing Representa- tives in Congress by general ticket, which had been adopted by the dominant party, was denounced as inadequate to protect the rights of the minority. On the 29th of August, 1804, the Republican party, as then organized, met at New Haven, and passed resolutions favoring a change. -Every Justice of the Peace of the minority who attended this Convention was tried and impeached, which tended to strengthen those whom it was intended to crush. In August, 1806, another Convention met at Litchfield, and afterwards others. The Federalists became divided, and the Toleration Party gained strength on every side, until in 1817 it came into power. Their complete triumph in 1818 was followed by an act passed July 4, 1818, authorizing a Convention. It met at Hartford in August, and, on the 15th day of September of that year, completed a State Constitution, which has since, with some amendments, remained the organic law of the State The vote upon its adoption in the Convention was 134 to 61, and by the people at the election held October 5, 1818, it was 13,918 /or to 12,361 against. Connecticut. 155 The elections, which had been semi-annual, were by the Constitution made annual. The Governor was allowed the right of returning bills with his objec- tions, which might be passed a second time by a majority of each House, not- withstanding. The Legislature retained most of its old prerogatives of appoint- ments to office, and the former religious establishment was abolished. The most noticeable change was, however, that which extended the right of voting to all tax payers. The former Board of Assistants, increased in numbers, became the Senate, and the general model of the Constitution was for the most part the old Charter. CONSTITUTION OF CONNECTICUT.-1818. STJMMAET. Abticles. I. Declaration of Bights, n. Of the Distribntlon of Powers. TTT . Of the Legislative Department. IV. Of the BxecutiTe Department. V. Of the Judiciary Department. VI. Of the Qualtflcations of Electors. VH . Of Religion. Yin. Of Education. IX. Of Impeachment. X. General Provisions. XI. Of Amendments of the Constitution. Amendments. PEEAMBLB. AETICLE 1.— Declaration of Bights. Sections. 1. All men equal in rights — no man or set of men entitled to exclusive public emolu- ments. 2. Origin of political power — purpose of gov- ernment — right to alter form of govern- ment. 3. Keligious freedom— not to excuse acts of licentiousness, »fcc. 4. No preference to be given to particular sects. 5. EveiT citizen free to speak, write and pub- lish his sentiments — being responsible for the same. 6. Freedom of speech and of the press not to be abridged. 7. In prosecution for libel, the truth may be given in evidence — jury to determine the hkw and the facts. 8. Security against unlawful seizures and searches. 9. Bights of persons accused — witness against one's self — right of speedy and impartial trial — trial on indictment of grand jury — exceptions. 10. No person to be unlawfully arrested, de- tained or punished. 11. Private property not to be taken for public use without compensation'. 12. Courts to be open — right of justice. 13. Excessive bail — excessive fines. 14. Eight of bail — privilege of habeas corpus. 15. Attainder for treason or felony forbidden. 16. Eight of assembly— of petition. 17. Eight to bear arms in defense of self or the State. 18. Subordination of military to civil power. 19. Quartering of soldiers. SO. Hereditary emoluments, privileges or honors forbidden. 21. Bight of trial by jury. AETICLE 11.— DietrHmUm, of Powers. 1. Legislative, executive and judicial depart ments. AETICLE jn..— Legislative Department. 1. Legislative power, how vested— style of laws. 2. Sessions, when and where holden — special sessions — meeting elsewhere in certain cases. 8. House, how composed — town representa- tion. - quorum — power Segtioxs. 4. Senate, how composed. 6. Elections, when held — returns, how made. 6. State canvass — case of equal vote— result, how announced. 7. Officers of each House - to compel attendance. 8. Each Hotjse to determine its own rules—. expulsion of members. 9. Journal — yeas and nays, when entered. 10. Privilege of members. ^ 11. Sessions to be public. AETICLE Vf.—Of the Executive Department. 1. Governor- how chosen — term — limit of age. 2. Mode of election — returns how made. 3. Election of Lieutenant-Governor. 4. Pay of Governor- of Lieutenant-Governor — of members. 6. Captain-General of militia. 6. Governor may require information in writ- ing. 7. May adjourn General Assembly in certain case. 8. To give information of state of government. 9. To see that the laws are executed. 10. Pardoning power. 11. Commissions, how signed and sealed. 12. Veto power of Governor. 13. Lieutenant-Governor to preside in Senate. 14. When to serve as Governor. 15. President of Senate pro tempore — Y/Taea. to serve as Governor. 16. Secretary to convene Senate in certain case. 17. Treasurer, when and how chosen — duties. 18. Secretary, when and how chosen- duties — seal. 19. Comptroller of Public Accounts — duties. 20. Sheriffs — term — removal — bonds — vacan- cies. ' 21. Statement of receipts and payments. AETICLE Y.—Of the Judiciary Department. 1. Judicial power, how vested. 2. Justices of the Peace, 3. Appointment of Judges and Justices — re- moval — limit of age. AETICLE Tl.—(yfthe Qualiflcations ofUleciors. 1. Freemen to be electors. 2. Qualifications of freemen. 3. Forfeiture of privilege of electors. 4. Electors to be eligible to any office. 5. Selectmen and town clerk to judge of quali- fications. 6. Laws to support privilege — protection of elections. 7. Votes to be by ballot. 8. Privilege of electors. 9. Elections, when held. AETICLE Vn.— 0/ Seligim. 1. Duty and privilege of religious worship. 2. Persons separating themselves to leave no- tice. AETICLE vm. — 0/ Baucatlon. 1. Charter of Tale college confirmed. 2. School fund inviolate — how used. 158 Constitution of Connecticut, 1818. AETICLE IX. — (y Impeachments. Sectiohb. 1. Power of impeachment— how vested. 2. How tried — oaths — conviction. a. Officers liable to impeachment— judgment limited — treason defined — how proved — forfeitures. AETICLE X.— Genercd Provisions. 1. Oath of office. 2. Selectmen — local officers. 3. Continuance of rights— of officers— of laws. 4. Offices incompatiDle \Wth that of members of General Assembly. AETICLB XI. — Of Amendments of the Cmsti- tution. Amendments, how made and ratified. AMENDMENTS. Articles. I. Senate limited in number— elected bj districts, n. Senatorial districts— when changed, m. Election of Senators. IV. Election of Lieutenant-Governor — Treas- urer-Secretary. V. Comptroller of Accounts to be elected. VI. Mode of electing State officers — maybe prescribed by laws— ballots may be writ- ten or printed. VH. Election of Sheriff — sureties. Vin. Qualifications for admission as electors. IX»Election of Judges of Probate. X. Election of Justices of the Peace. XI. Literary qualification of electors. XII. Term of judges of Supreme Court of Errors and Superior Court — removal — limit of age. Xm. Voting of persons absent in military ser- vice. - PREAMBLE. The people of Connecticut, acknowledging ■with gratitude the good providence of God, in having permitted them to enjoy a free govern- ment, do, in order more effectually to define, secure and perpetuate the liberties, rights and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution and form of civil govern- ment. ARTICLE L DECLAKATION OF EIGHTS. That the great and essential principles of liberty and free govern- ment may be recognized and established, WE DECLAEE, Section" 1. That all men, when they form a social compact, are equal in rights ; and that no man, or sect of men, are entitled to ex- chisive public emoluments or privileges from the community. §_ 3. 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 they have, at all times, an undeniable and indefea- sible right to alter their form of government in such a manner as they may think expedient. § 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this State ; provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State. § 4. No preference shall be given by law to any Christian sect or mode of Ti'orship. Constitution of Connecticut, 1818. 159 § 5. Byery citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. § 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. § 7. In all prosecutions or indictments for libel the truth may be given in evidence ; and the jury shall have the right to determine the law and the facts, under the direction of the court. § 8. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures ; and no warrant to search any place, or to seize any person or things, shall issue, with- out describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. § 9. In all criminal prosecutions the accused shall have a right to be heard by himself and by counsel ; 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, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, 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. § 10. 'So person shall be arrested, detained or punished, except in cases clearly warranted by law. § 11. The property of no person shall be taken for public use, with- out just compensation therefor. § 13. All courts shall be open, and every person, for an injury done him in his person, property or i-eputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. § 13. Excessive bail shall not be required, nor excessive fines im- posed. § 14. All prisoners shall, before conviction, be bailable, by suffi- cient sureties, except for capital offenses, where the proof is evi- dent, or the presumption great ; and privileges of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or in- vasion, the" public safety may require it; nor in any case but by the Legislature. § 15. No person shall be attainted of treason or felony but by the Legislature. § 16. The citizens have a right, in a peaceable manner, to assemble 160 Constitution of GoNNECTicaT, 1818. for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address or remonstrance. § 17. Every citizen has a right to bear arms in defense of himself and the State. § 18. The military shall, in aU cases and at all times, be in strict subordination to the civil power. § 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war but in a man- ner to be prescribed by law. § 20. No hereditary emoluments, privileges or honors ghall ever be granted or conferred in this State. § 21. The right of trial by jury shall remain inviolate. ABTIOLB II. OF THE DISTKIBUTIOS OP POWEBS. The powers of government shall be divided into three distinct De- partments, and each of them confided to a separate magistracy, to wit : those which are Legislative, to one ; those which are Executive, to another ; and those which are Judicial to another. ARTICLE in. OF THE LEGISLATIVE DEPARTMENT. Section 1. The Legislative power of this State shall be vested in two distinct Houses or branches : the one to be styled The Senate, the other The House of Eepeesbntatives, and both together THE G-ENEEAL ASSEMBLY. The style of their laws shall be : Be it enacted iy the Senate and House of Representativei,in General Assem- bly convened. § 2. There shall be one stated session of the General Assembly, to be holden in each year, alternately at Hartford and New Haven, on the first Wednesday of May, and at such other times as the General As- sembly shall judge necessary ; the first session to be holden at Hart- ford; but the person administering the oflBice of Governor may, on fecial emergencies, convene "the General Assembly at either of said places, at any other time. And in case of danger from the prevalence 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. § 3. The House of Bepresentatives shall consist of electors residing Constitution of Connecticut, 1818. \Q\ in towns from which they are elected. The number of Representa- tiyes 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 num- ber of Representatives as at present allowed, unless the number shall be reduced by the consent of such town or towns. § 4. The Senate shall consist of twelve members, to be chosen an- nually by the electors.' § 5. At the meeting of the electors, held in the several towns in this State, in April, annually, after the election of Representative, the electors present shall be called upon to bring their written* ballots for Senators. The presiding oflBcer shall receive the votes of the elect- ors, and count and declare them in open meeting. The presiding ofi&oer shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding officer; one of which lists shall be delivered to the Town Clerk, and the other, within ten days after said meeting, shall be delivered, under seal, either to the Secretary or to the Sheriff of the county in which said town is situated ; which list shall be (iirected to the Secretary, with a superscription expressing the purport of the contents thereof. And each Sheriff who shall receive such votes shall, within fifteen days after sa-'d meeting, deliver, or cause them to be delivered, to the Secretary. § 6. The Treasurer, Secretary and Comptroller, for the time being^ shall canvass the votes publicly. The twelve" persons having the greatest liumber of votes for Senators shall be declared to be elected. But in cases where no choice is made by the electors, in consequence of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes shall 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 election, returns and qualifications of its own members. § 7. 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. A majority of each House 1 Altered by amendment of 1838, wtalch allowed not less than 18 nor more tban 24. There are now 21 Senatorial Districts. 2 Altered by amendment of 1836, and 1864. » Altered by amendment of 1836. 21 162 Constitution of GoNNseTicvT, 1818. shall constitute a quorum to do business ; but a smaller number may adjoifrn from day to day/and compel the attendance of absent mem- bers, in such manner and under such penalties as each House may prescribe. § 8. Bach House shall determine the rules of its own proceedings, ipunish njembers for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers neceSfiary for a branch of the Legis- lathre of a free and independent State. § 9. Each House shall keep a journal of its proceedings, and pub- lish 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 the members of either House shall, at the desire of one- fifth of those present, be entered on the journals. § 10. The Senators and Eepresentatives 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. § 11. The Rebates of each House shall be public, except on such occasions as, in the opinion of the House, may require secrecy. AETIOLB IV. OP THE EXECUTIVE DEPABTMENT. Section" 1. The supreme executive power of the State shall be vested in a Governor, who shall be chosen by the electors of the State, and shall hold his oflce for one year from the first Wednesday of May next succeeding his election, and until his successor be dul^ qualified. Ifo person who is not an elector of this State, and who has not arrived at the age of thirty years, shall be eligible. § 2. At the meetings of the electors in the respective towns, in the month of April in each year, immediately after the election of Senators, the presiding officers shall call upon the electors to bring in their ballots for him whom they would elect to be Governor, with his name fairly written.' When such ballots shall have been received and counted, in thfe presence of the electors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer ; one of which lists shall be deposited in the office of the Town Clerk within three days, and the other, within ten days after said election, shall be transmitted to Altered by amendment of 1836 and 1864. Constitution of Connecticut, 1818. 163 the Secretary, or to the Sheriff of the county in which such election .shall have been held. The Sheriff receiving said votes shall deliver, or cause them to be delivered, to the Secretary, within fifteen days next after 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 number of votes given for each, to- gether 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, after examination of the same, declare the person 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 Assembly shall by law pre- scribe the manner in which all questions concerning the election of a Governor or Lieutenant-Governor shall be determined. § 3. At the annual meetings of the electors, immediately after the election of Governor, there shall also be chosen, in the same manner as is hereinbefore provided for the election of Governor, a Lieutenant- Governor,' who shall continue in office for the same time, and possess the same qualifications. § 4. The compensations of the Governor, Lieutenant-Governor, Senators and Eepresentatives 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 compensations. § 5. The Governor shall be Captain-General of the militia of the State, except when called into the service of the United States. § 6. He may require information in writing from the officers in the Executive department, on any subject relating to the duties of their respective offices. § 7. The Governor, in case of a disagreement between the two Houses of the General Assembly, respecting the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the day of the next stated session, § 8. He shall, from time to time, give the General Assembly infor- mation of the state of the government, and recommend to their consideration such measures as he shall deem expedient. 1 Altered by amendment of 1836. 164 Constitution of Connecticut, 1818. § 9. He shall take care that the laws be faithfully executed. § 10. The Governor 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, and no longer. § 11. All commissions shall be in the name and by authority of the State of Connecticut, shall be sealed with the State seal, signed by the Governor, and attested by the Secretary. § 12. Every bill, which shall have passed both Houses of the General Assembly, shall be presented to the Governor. If he approves, he shall sign and transmit it to the Secretary ; but if not, he shall return it to the House in which it originated, with his objections, which shall be entered on the journals of the House, who shall proceed to recon- sider the bill. If, after such reconsideration, that House shall again pass it, it shall be sent, with the objections, to the other House, which shall also reconsider it. If approved, it shall become a law. But in such cases the votes of both Houses shall be determined by yeas and nays ; and the names of the members voting for and against the bill shall be entered on the journals of each House respectively. If the 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 General Assembly, by their adjournment, prevent its return, in which case it shall not be a law. § 13. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, and have, when in Committee of the whole, 9, right to debate, and when the Senate is equally divided, to give the casting vote. § 14. In case of the death, resignatipn, refusal to serve, or removal from ofBce of the Governor, or of his impeachment or absei;.ce from the State, the Lieutenant-Governor shall exercise the powers and authority appertaining to the office of Governor until another be chosen at the next periodical election for Governor, and be duly qualified; or until the Governor impeached or absent shall be ac- quitted or return. § 15. When the government shall be administered by the Lieu- tenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their members as 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, or absent from the State, the President of the Senate pro tempore shall, in like manner, administer the government, until he be superseded by a Governor or Lieutenant- Governor. Constitution of Connecticut, 1818. 155 § 16. 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 Secretary, for the time being, to convene the Senate for the purpose of choosing a President pro tempore. § 17. A Treasurer shall annually be chosen by the electors, at their meeting in April; and the votes shall be returned, counted, canvassed and declared in the same manner as is provided for the election of Governor and Lieutenant-Governor;* But the votes for Treasurer shall be canvassed by the Secretary and Comptroller only. He shall receive all moneys belonging to the State, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the disbursement of public money until the same has been registered in the office of the Comptroller. § 18. A Secretary shall be chosen next after the Treasurer, and in the same manner ;' and the votes for Secretary shall be returned to, and counted, canvassed and declared by, the Treasurer and Comp- troller. He shall have the safe keeping and custody of the public records and documents, and particularly the acts, resolutions and orders of the General Assembly, and record 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. § 19. A Comptroller of the public accounts shall be annually ap- pointed by ihe General Assembly. He shall adjust and settle all public accounts and demands, except grants and orders of the General Assem- bly. He shall prescribe the mode of keeping and rendering all public accounts. He shall, ex officio, be one of the Auditors of the accounts 01 the Treasurer. The General Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall pre- scribe the manner in which his duties shall be performed. § 20. A Sheriff shall be appointed in each county by the General Assembly,'' who shall hold his office for three years, removable by said Assembly, and shall become bound, with sufficient sureties, to the Treasurer of the State, for the faithful discharge of the duties of his office, ia such manner as shall be prescribed by law. In case the Sheriff of any county shall die or resign, the Governor may fill the va- cancy occasioned thereby, until the same shall be filled by the Gen- eral Assembly. § 31. A statement of all receipts, payments, funds and debts of the State shall be published from time to time, in such manner and at such periods as shall be prescribed by law. » Altered by amendment of 1836. ^ Altered by amendment of 1838. 1 66 Constitution of Connecticut, 1818. AETICLE V. OF THE JUDICIAKT DBPARTMEKT. Sectiok 1. The judicial .power of the State shall be vested in. a Su- preme Court of Errors, a Siiperior Court, and such inferior courts as the General Assembly shall, from time to time, ordain and establish, the powers and jurisdiction of which courts shall be defined by law. g 2. There shall be appointed, in each county, a sufficient number of Justices of the Peace, with such jurisdiction in civil and criminal cases as the General Assembly may prescribe. § 3. 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.' The Judges of the Supreme Court and of the Superior Court shall hold their offices ^nring good behavior,' but may be removed by im- peachment ; and the Governor shall also remove them, on the address of two-thirds of the members of each House of the General 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 afber he shall arrive at the age of seventy years. ' ARTICLE VI. OF THE QUALIMCATIOiTS OF ELECTOBS. Seotiok 1. 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. § 3. Every white male citizen of the United States who shall have gained a settlement in this State, attained the age of twenty-one years, and resided in the town in which he may offer himself to be admitted to the privilege of an elector at least six months preceding, and have a freehold estate of the yearly value of seven dollars in this State ; or, having been enrolled in the militia, shall have performed military duty therein for the term of one year next preceding the time he shall offer himself for admission, or, being liable thereto, shall have been by au- thority of law excused therefrom ; or shall have paid a State tax within a year next preceding the time he shall present himself for such admission,' and shall sustain a good moral character^ shall, on his taking such oath as may be prescribed by law, be an elector. 1^ 3. The privileges of an elector shall be forfeited by a conviction ^ Altered by amendmentB of 1850, ^ Altered by amendment of 1856. ' Altered by amendments of 1845, and 185S. Constitution of Connecticut, 1818. 167 of bribery, forgery, peijury, duelling, fraudulent bankruptcy, tbeft, or other offense for which an infamous punishment is inflicted. § 4. Every elector shall be eligible to any office in this State, except in cases provided for in this Constitution. § 5. 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. • § 6. 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 conduct. § 7. In all elections of officers of the State or members of the Gen- eral Assembly, the votes of the electors shall be by ballot. § 8. At all elections of officers of the State or members of the Gen- eral Assembly, the electors shall be privileged from arrest during their attendance upon, and going to, and returning from the same, on any civil process. / § 9. The meetings of the electors for the election of the several State officers, by law annually to be elected, and members of the General Assembly of this State, shall be holden on the first Monday of April in each year. AETICLE VII. OF KELIGHON. Section 1. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and thfeir 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 congregation, church, or religious 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 denomina- tions, 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 accord- ing to law, or in any other manner. § 2. If any person shall choose to separate himself from' the society or denomination of Christians to which he may belong, and shall leave 168 Constitution of Connecticut, 1818. a written notice thereof with the clerk of such society, he shall there- upon be no longer liable for any future expenses which may be incurred by said society. AETICLE VIII. OF BDUCATIOSr. Sbctiom- 1. The charter of Yale College, as modified by agreement with the corporation thereof, in pursuance of an act of the General Assembly, passed in May, 1793, is hereby confirmed. § 2. The fund called the School Fund shall remain a perpetual fund, the interest of which shall be inviolably 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 oflBce; and no law shall ever be made authorizing said fund to be diverted to any other use than the encour- agement and support of public or common schools, among the several school societies, as justice and equity shall require. AETICLE IX. OS IMPEACHMENTS. SECTioiir 1. The House of Kepresentatives shall have the sole power of impeaching. § 3. All impeachments shall be tried by the Senate. When sitting for that purpose they shall be on oath or aflBrmation. No person shall be convicted without the concurrence of two-thirds of the mem- bers jiresent. When the Governor is impeached the Chief Justice shall preside. § 3. The Governor and all other executive and judicial officers shall be liable to impeachment; but judgments 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 con- victed shall nevertheless be liable and subject to indictment, trial and punishment according to law. § 4 Tj^eason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood, or forfeiture. Constitution of Connecticut, 1818. 169 AETICLE X. GBKEEAL PEOVISIOKS. Sectiost 1. Members of tlie General Assembly, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit : " You do solemnly swear (or affirm, as the case may be) that you will support the Constitution of th6 United States, and the Constitu- tion of the State of Connecticut, so long as you continue a citizen thereof; and that you will faithfully discharge, according to law, the duties of the office of to the best of your abilities. So help you God." § 3. ^aeh town shall annually elect Selectmen, and such officers of local police as the laws may prescribe. § 3. The rights and duties of all corporations shall remain as if this Constitution had not been adopted, with the exception of such regulations and restrictions as are contained in this Constitution. All judicial and civil officers now in office, who have been appointed by the General Assembly, and commissioned according to law, and all such officers as shall be appointed by the said Assembly, and com- missioned 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 accord- ing to law. The Treasurer and Secretary shall continue in office until a Treasurer and Secretary shall be appointed under this Con- stitution. All military officers shall continue to hold and exercise their respective offices until they shall resign, or be removed accord- ing to law. All laws not contrary to or inconsistent with the pro- visions of this Constitution shall remain in force until they shall expire by their own limitation, or shall be altered or repealed by the General Assembly, in pursuance of this Constitution. The validity of all bonds, debts, contracts, as weU of individuals as of bodies cor- porate, 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 Constitution, which they now have and possess, until the first Wednesday of May next. § 4. 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 170 Constitution of Connecticut, 1818. Treasurer, Secretary or Comptroller; no sheriff or sheriff's deputy shall be a member of the General Assembly. ' ARTICLE XL OF AMBNDMEKTS OB' THE CON'STITUTIOIS'. Whenever a majority of the House of Representatives shall deem It necessary to alter or amend this Gonstitution, they may propose such alteration 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 ap- prove 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 inhabitants theroof for their consideration, at a town meeting 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 meetings shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this Constitution. Done in Convention, on the fifteenth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third. By order of the Convention, OLIVER WOLOOTT, President. James IjAjsmajs, ) , Robert Paiechild,J [Dbleq^tbs to the Contention. — Those who voted a^^, at the final adoption, are marked thus (*). Those who voted nay are marked thus (t).] Hartpoed Sylvester Wells,* Nathaniel Terry.* Berlin Samuel Hart,* Samuel Norton.* Bristol Bryan Hooker.f Burlington BUss Hart.t Canton Solomon Everestf East Hartford Richard Pitkin,* Samuel Pitkin.f Ea^t Windsor Charles Jeneks,* Abner Reed.* Enfield. Henry Terry,* William Dixon.* Farmington Timothy Pitkin,t John Treadwell.f Glastoribwry , Samuel Wells,* David E. Hubbard. Orwnhy Sadooe Wilcox,* Reuben Barker.* Sartland Aaron Church.f John Treat.-f Marlborough Elisha Buell.f Svmsbury Elisha Phelps,* Jonathan Pettibone, Jr.* Southington Roger Whittlesey,-)- Chester Grannis.-f Constitution of Connecticut, 1818. 171 Suffield Christopher Jones,* Asahel Morse.* Wethersfleld Stephen M. MitcheU,* Levi Lusk:t Windsor Bliakim Marshall,* Josiah Phelps.* New Haven William Bristol,* Nathan Smith.* Branford Ell Powler,t Jonathan Kose.f Cheshire Andrew Hull,* Charles Shelton.* Darby Joseph Riggs.f Mist Saven Bela Farnham.f Guilford Nathaniel Grifflng, William Todd.* Hamden Russell Piferpont.* ' Meriden Patrick Clark.* Middlebury Aaron Benedict.-)- Mil/ord Benjamin Bull,t Samuel B. Gunn.f North Saven Daniel Pierpont.* Oxford David Itjmlinson.* SoutKbury Shadraoh Osborn.* WaUingford John Andrews,* William Marks.* Waterbury Timon MUes, Andrew Adams.* Wolcott Ambrose Ives.* Woodbridge Justus Thomas,t Chauncey ToUes.f New LoNDOif Christopher Manwariug,* Amasa Leonard.* Norwich John Turner,* James Lanman.* Bozrah Roswell Fox.* Chichester David Deming.f John Isham, Jr.f Franklin Joshua Hyde.f Oriswold Elisha J. AbeLf Groton John DaboU,* William Williams.* ZAsbon Daniel Braman.* Lyme Moses Warren, Ebenezer Brockway.* Montville Oliver Comstock.* North Stonington Chester Smith,* William Randall, Jr." Preston Nathaniel Kimball,* Denison Palmer.* Stonington William Randall,* Amos Gallop.* Waterford Charles Avery.* Eaikpield David Hill,* Gideon Tomlinson.* Dambwry Friend Starr,* William Cook.* Brookfield Noah A. Lacy.* Oreeriwich Clark Sanford,t Enos Loekwood.* Huntington Timothy J.Welles,* WiUiam Shelton.* New Canaan Nathan Seeley.* New Fairfield Samuel T. Barnum.* Newton Gideon Botsford,* James B. Pairman.* Norwalk Moses Gregory,* John Eversby.* Redding Samuel Whiting,* Lemuel Sanford.* Bidgefleld Joshua King,* Abner Gilbert.* Sherman .■ Jedediah Graves.* Stamford Samuel Stevens,t John Weed, Jr.f Stratford Pierpont Edwards,* Robert Fairchild.f Trumbull Lewis Burton.* Weston Abel Gregory,* Isaac Bennett.* Wilton Erastus Sturges.* 172 Constitution of Connecticut, 1818. Windham Peter Webb,* Zaocheus Waldo.* Ashford Josiah Byles,* William Perkins.t Brooklyn^..... Roger W.Williams.* (Canterbury Luthei: Paine,"!" Daniel Frost.t Columbia Silas Fuller.* Hampton Ebenezer Griffin.* Killingly Luther Warren,* Ezra Hutchins.* Lebanon Thomas Babcook,* Stephen D. Tilden.* Mansfield Edward Freeman,* Artemas Gurley.* Flainfield Elias Woodwatd,* John Dunlap.* Pomfret Darius Matthewson,* Lemuel Ingalls."!' Sterling Dixon Hall.* Thompson George Larned,"* Jonathan Nichols, Jr.* Voluntowri. Daniel Kligwin.* Woodstock .' John McLallan,* Elias Childs, 2d.t Litchfield Oliver Wolcott,* John Welch.* Ba/rkha/mpsted Samuel Hayden,t Oliver MUls.f Bethlem Nehemiah Lambert.f Canaan William M. Burrall,'- William Douglass.* Oolebrook Arah Phelps,"* George Pinney.* Cornwall Philo Swift,t Oliver Burnham.* Goshen Adino Hale,* Theodore North.* Harwington James Brace,t Uriah Hopkins. Kent Lewis St. John.* New Sartford Aaron Austin,t Jonathan Marsh.t New Milford Orange Merwin,* Jehiel Williams. Norfolk Augustus Pettibone,* Joseph Battell.* Plymouth Cal-vin Butler.* Boxbury John Trowbridge.* Salisbury Daniel Johnson,* Samuel Church.* Sharon Cyrus Swan,-f- Samuel E. Everett.f Torrington Abel Hinsdale,t WiUiam Battell.t Warren.'. John Tallmadge.f Washington Hermanus Marshall,* Ensign Bushnell.* Watertown Amos Baldwin.f Winchester ^. Levi Platt,f Joseph MiUer.* Woodbury Nathaniel Perry ,t Daniel Baoon.-f" MiDDLETOWN Alexander Wolcott,"!", Joshua Stow.* Saddam Ezra Brainerd,* John Huntington.* Chatham Enoch Sage,* Benjamin Hurd. Durham Thomas Lyman,* Lemuel Guernsey.* Mist Haddam Solomon Blakeslee, William Hungerford.* KUlingworth George EUiot,t Dan Lane.f Saybrook Clark Nott,t Elisha SilLf Hoi/LAND Ashbell Chapman,* Eliphalet Young.* Bolton Saul Alvord, Jr.* Coventry Jesse Root,t Elisha Edgerton."!" Mlington Asa Willey.f Hebron Daniel Burrows,* John S. Peters.* Somers Benjamin Phelps,"!" Giles Pease.t Constitution of Connecticut, 1818. 173 Stafford Ephraim Hyde* Nathan Johnson.* Union ^ Ingoldsby W. Crawford,* Robert Paul.* Vernon Phineas Talcott.f WiUington Jonathan Sibley, Jr.,» Spafiford Brlgham.* AMENDMENTS. ARTICLE I. — Adopted Noyembbe, 1828. J^'rom 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 members, and be chosen by districts. AETICLE II. — Adopted Notember, 1838. The General Assembly which shall be holden on the first Wednes- day of May, in the year one thousand eight hundred and twenty-nine, shall divide the State into districts for the choice of Senators, and shall determine what number shall be elected in each, which districts shall not be less than eight nor more than twenty-four in number, and shall always be composed of contiguous territory, and in forming them no town shall be divided ; nor shall the whole or part of one county be joined to the whole or part of another county to form a district, regard being had to the population in said apportionment, and in forming said districts in such manner that no county shall have less than two Senators. The districts, when established, shall continue the same until the session of the General Assembly next after the completion of the next census of the United States ; which said Assembly shall have power to alter the same, if found necessary to preserve a proper equality between said districts in respect to the number of inhabitants therein, according to the principles above re- cited; after which said districts shall not be altered, nor the number of Senators altered, except at any session of the General Assembly next after the completion of a census of the United States, and then only according to the principles above described. AETICLE III.— Adopted November, 1838. At the meeting of the electors on the first Monday of April, in the year one thousand eight hundred and thirty, and annually thereafter, immediately after the choice of Representatives, the electors qualified by law to vote in the choice of such Representatives shall be called upon, by the presiding officer in such meeting, in the several towns 174 Constitution of Connecticut, 1818. within their districts, respectively, to bring in their ballots for sach person or number of persons to be Senator or Senators for such dis- tricts in the next General Assembly, as shall by lav be allowed to such districts respectively : ' which person or persons, at the time of holding such meetings, shall belong to and reside in the respective districts in which they shall be so balloted for as aforesaid. And each elector present at such meeting, qualified as aforesaid, may thereupon bring in his ballot or suffrage for such person or persons as he shall choose, to be Senators for such districts, not exceeding the number by law allowed to the same, with the name or names of such person or per- sons fairly written^ on one piece of paper. And the votes so given in shall be received, counted, canvassed and declared, in the same man- ner now provided by the Constitution for the choice of Senators. The person or persons (not exceeding the number hy law allowed to the districts in which such votes shaU be given in) having the highest number of votes shall be declared to be duly elected for such districts. But in the event of an equality of votes between two or more of the persons so. voted for, the House of Kepresentatives shall, in the man- ner provided for by the Constitution, desigijate which of such persons shall be declared to be duly elected. ARTICLE rv. — Adopted Notbmbeb, 1832. There shall annually be chosen and appointed a Lieutenant-Gov- ernor, a Treasurer and Secretary, in the same manner as is provided in the second section of the fourth article of the Constitution of this. State for the choice and appointment of a Governor. AETICLB V. — Adopted November, 1836. 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. ARTICLE VL — Adopted Kotembee, 1836. The electors in the respective towns, on the first Monday of April in each year, may vote for Governor, Lieutenant-Governor, Treasurer, Secretary, Senators and Representatives in the General Assembly, 1 Altered by amendment of 1836. Constitution of Connecticut, 1818. 175 successively, or for any number of said ofiQoers at the same time. And the General Assembly shall have power to enact laws regulating and prescribing the order and manner of Toting for said ofiBcers, and also providing for the election of Eepresentatives, at some time subsequent to the first Monday of April, in all cases when it shall so happen that the electors in any town shall fail on that day to elect the Eepresent- ative or Representatives to which such town shall be by law entitled : Provided, That in all elections of officers of the State, or members of the General Assembly, the votes of the electors shall be by ballot either written or printed. ARTICLE VII. — Adopted Octobbe, 1838. 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, removable 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. ARTICLE VlIL — Adopted October, 1845. Every white male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this State for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding the time he may so offer himself,' and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. ARTICLE IX.— Adopted Octobeb, 1850. The Judges of Probate shall be appointed by the electors residing in the several Probate districts, and qualified to vote for Represent- atives therein, in such manner as shall be prescribed by law. ARTICLE X. — Adopted October, 1850. 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 election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. 1 Altera by Amendment of 1855. 176 Constitution of Connecticut, 1818. AETICLE XL— Adopted Octobee, 1855. Every person shall be, able to read any article of the Constitution, or any section of the statutes of this State, before being admitted as an elector, AETICLE XII. — Adopted Octobek, 1856. The Judges of the Supreme Court of EiTors and of the Superior Court, appointed in the year 1855j and thereafter, shall hold their ofiSces for the term of eight years, but may be removed by impeach- ment, 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 ofiSce, after he shall have arrived at the age of seventy years. AETICLE XIIL— Adopted August, 1864. 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 rebellion, shall, when absent from this State, because of such service, have the same right to vote in any election of State officers, Eepresentatives in Congress, and Electors of President and Vice-Presi- dent 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 General Assembly shall prescribe by law, in what manner, 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 canvassed. DELAWAEE. This State was first settled by a colony of Swedes, at Wilmington, in 1827. The Dutch, however, claimed the country by yirtue of earlier discovery, and in 1651 they built Port Cassimir, on the site of New Castle. It was taken by the Swedes under the guise of a friendly visit ; but in 1655 a Dutch expedition from New Netherland, completely reduced the Swedes to their authority. They allowed a part to remain, upon their taking an oath of allegiance. Some went to Maryland and Virginia, and others were sent to Europe. In 1664 it fell into the hands of the English, with the conquest of the Dutch, and for some years it continued to be ruled as a part of New York, under the government estab- lished by the IJuke of York. William Penn, deeming the possession of these settlements essential to the prosperity of his colony in Pennsylvania, obtained from the Duke of York, by two deeds of feoffment, dated August 24, 1682, the title of these lands. One of these deeds conveyed the country within a twelve-mile circle around New Cas- tle, and the other the country below, as far south as Cape Henlopen. These tracts were called the "Territories,"*' or the " Three Lower Counties on Dela^ ware :" and by an act of union, executed at Upland, now Chester, December 7, 1682, they were united to Pennsylvania, and one General Assembly was estab- lished for the two colonies. At an early period. Lord Baltimore asserted claims to the country, which were not sustained, although some years in controversy. In 1703, a separation from Pennsylvania occurred, with the consent of the proprietary, and they were allowed a distinct and separate Assembly, although they were still under the same proprietor, and the same person acted as Gov- ernor over both, down to the period of the Revolution. The limits of Delaware are declared by statute to be " the divisional lines between it and Maryland, ran and marked by Commissioners, and approved on the 11th of January, 1769 ; the circular line between it and Pennsylvania, sur- veyed and marked in 1701, under a warrant issued by William Penn, in pursu- ance of the feoffment from the Duke of York, dated August 24, 1682, as the same has been held, occupied and recognized by the said States respectively, ever since that time ; low- water mark on the eastern side of the river Delaware, within the twelve-mile circle from New Castle; and the middle of the bay below said circle." The people of Delaware, acting with the colonies generally in their resistance against the oppressive measures of Great Britain, were represented in the Conti- nental Congress from the first. On the 14th of June, 1776, the recommendation of Congress for the formation of governments in the several colonies by the people, suited to the wants of the occasion, which had been passed by that body on tlie 15th of May, was approved by the Assembly ; and on the 27th of July they passed resolutions recommending an election on the 19th of August, of ten Delegates from each county, to meet in a. Convention, that should assemble at New Castle on the 27th of that month, for the express purpose of preparing a State Constitution. This Convention met at the time and place appointed, and on the 21st of Sep- tember, 1776, completed the first Constitution of the State of Delaware. This Constitution vested the legislative power in a General Assembly, com- posed of a House of Assembly of twenty-one members (seven from each county), 23 178 ■- Delaware. elected annually, and a Legislative Covinoil of nine members, elected for three years — one annually from each county. The executive po-wer was lodged with a President, elected by the General As- sembly for three years, and a Privy Council of four members, chosen for two years — one annually by each House. All laws in force May 15, 1776, were con- tinued until they expired or were repealed, if not contrary to the resolutions of Congress, or of the late House of Assembly of the State. The common law of England, and so much of.the statute law as had been heretofore adopted in prac- tice, was continued iu force, excepting such parts as were repugnant to the Con- stitution and the Declaration of Bights agreed upon by the Convention. The slave trade was prohibited, and no slave could be brought into the State for sale. Amendments to the Constitution might be made by the consent of five-sevenths of the Assembly and seven members of the Legislative Council. The appointing power was chiefly vested in the President and Privy Council. The judiciary power was vested in a Court of Appeals, a Supreme Court, County Courts of Common Pleas, Orphan's Courts, and Justice's Courts. The Supreme Court consisted of three Justices, one of whom was Chief Justice and Judge of Admiralty. There was a Court of Common Pleas and Orphan's Court in each county, composed of four Justices, one of whom was styled Chief Justice. Appeals from these courts were decided in a Court of Appeals of seven persons — the President for the time being, and three persons appointed by each House. Amendments to the Constitution being generally thought desirable, an act was passed in 1791, for the election of Delegates to a Convention for the purpose of revising it, although the Constitution itself had provided only one method of amendment, and that by the Legislature itself. The Convention was however held, and on the 12th of June, 1792, it adjourned, after preparing a new Constitu- tion, which went into operation without submission to the people. By this instrument the Privy Council was abolished, the title of " President" was changed to that of " Governor," the " Legislative Council " was changed to the " Senate," and the " House of Assembly " to the " House of Representa- tives.'' Their number was not changed, butmight be increased by law, yet not so that the Senate should be more than half, nor less than a third of the number of the House. The Governor was to be chosen at a general election for three years, but not- two terms in succession. A Court of Chancery was created. In 1831 a third Convention was elected to revise the Constitution. It met on the 8th of November and adjourned on the 2d of December of that year, after making sundry amendments to the Constitution, which are designated in the copy given in our text, by being placed in brackets. The sessions of the General Assembly were made biennial, the terms of the Governor and of Senators were increased from three to four years, restrictions were laid upon the passage of laws creating corporations, the elective franchise was more exactly defined, and important changes were made in the judiciary system of the State. The article relating to future amendments, which had formerly recommended as an unexceptionable method, tfiat at a general election of Representatives the voters should, if they chose to do so, vote /or or against a Convention, was now extended so as to require this election to be a special one, and further provided, that a majority of all the citizens in the State having right to vote for Represent- atives must vote on the question of holding a Convention, this majority to be ascertained by comparing the number of votes cast at the last three preceding general elections. On the 26th of February, 1851, an act was passed for taking the sense of the Djelawabh. 179 people as to the call of another Convention, which returned a vote of 3,150 /or, to 1,121 against. On the 4th of February, 1852, another act was passed, which, after reciting that at the before appointed election there was a majority of votes for a Convention, called one accordingly, to meet at Dover on the 7th of December following. Although a majority of the votes cast were for the Convention, yet, as the whole vote for and against was not that of a majority of those in the State, as ascertained by the Constitutional rule, the legality of this Convention was denied by some, on the ground that the " unexceptionable " way pointed out by the Constitution had not been followed, while others maintained that the clause . alluded to was advisory, and not imperative. A majority of the Convention held to the latter construction. A Convention of delegates assembled at Dover on the 10th of March, 1853, to amend the State Constitution, but on submitting their work to the people, it was rejected by a vote of 2,716 /or to 4,777 against. CONSTITUTION OF DELAWARE, 1831. •SUMMAET. Abtioi^b. I. declaration of Rights. ' n. Legislative Department, m. Execntive Department. IV. Elections. T. Impeachments — Treason. VI. Judiciary Department. VII. Miscellaneous Provisions. Vm. Oath of Office. IX. Mode of Amending the Constitution. Schedule. PREAMBLE. Religious Freedom — Inherent Rights. ARTICLE L — Declamtion of Sights. Sbctions. 1. Freedom of religious worship. 3. Religious tests not allowed. 3. Elections to be free and equsii 4. Trial by jury continued. 5. Freedom of the press — libels. 6. Exemption from illegal seiznres and searches. 7. Rights of persons accused of crime — coun- sel —witnesses — evidence against one's self. 8. Prosecution by information — second trial for same offense— private property for public uses. 9. Courts to be open — right of justice — suits where tried — suits against the State. 10. Suspension of laws. 11. Excessive bail and fines — cruel punish- ments — jails, la. Right of bail — right of access of friends and counsel. 18. Writ of habeas carpus. 14 No commissions of oyer and terminer to be issued. 15. Attainder — estates of suicides — deodands. 16. Right of assembling and of petitioning. 17. Standing armies — military subordinate to civil power. K. Quartering of soldiers. 19. Hereditary distinctions forbidden — reser- vation of powers. ARTICLE n. —LegislaiioeDepartmeni. 1. Legislative power, how vested. 2. Representatives, when and how chosen — qualifications — number. 3. SenSitors — term — qualifications — number — vacancies In either House. 4. Meeting of General Assembly — first meet- ing. 5. Officers of each House. 6. To judge of elections — quorum — power over absent members. t. Rules — punishment for disorderly behavior — expulsion. 8. Journal — yeas and nays. 9. To sit with open doors. 10. Adjournments. 11. Pay of members — privilege. 12. Members ineligible to other offices. 18. Vacancies, how filled. 14. Bevenna bills amendment of such bills. SSOTIONS. 15. Payments from treasury- receipts and ex- penditures. 16. State Treasurer- vacancy, how filled— when ineligible to General Assembly. 17. Passage of acts creating corporations. ARTICLE in. —Exmttim Departmmt. 1. Executive power, how vested. 2. Election of Governor — contested elections. 3. Term — not eligible a second time. 4. Qualifications. 6, Not to hold certain other offices. 6. Salary. 1. Commander-in-chief. 8. Appointing power— qualifications for office — offices incompatible. 9. Pardoning power — reports of pardons. 10. May require information of officers. 11. To communicate by message. 12. May convene and adjourn General Assembly in certain cases. 13. To take care that the laws are executed. 14. Vacancy in office of Governor — contested elections. ~ 15. Secretary — duties — compensation. ARTICLE Vf.—Mectiom. 1. When and how held i- qualification of voters. 2. Privileges of electors. article: V. — Impeachments— Treason, 1. Impeachments, how tried— oath 2. Officers liable to impeachment. 3. Treason defined — how proved. ARTICLE TL—Judidary Department. 1. Judiciary power, how vested, 2. Judges — Chancellor — other judges — their duties. 3. Superior Court— jurisdiction. 4. Court of General Sessions of the Peace and Jail Delivery — jurisdiction. 6, Court of Chancery — powers. 6. Court of Oyer and Terminer — jnrisdiction. 7. Court of Errors and Appeals — rules in cases of appeal. 8. Chancery suits in which the Chancellor is interested. 9. Appointment of a judge ad Mem. 10. Orphan's Courts. 11. Jurisdiction of above courts. 12. General Assembly may repeal or alter cer- tain acts relating to judiciary. 13. Powers of Chancellor and Judges. 14.' Tenure of Chancellor and Judges- pay— removal. 15. Power of General Assembly over jnrisdiction of inferior courts — exceptions. 16. Amendments in pleadings and legal pro- ceedings. 17. Discharge of suits for debt or damages. 18. Continuance of suits in case of death of any party. 19. Appeals from decret of Chancellor no stay of proceeding, unless securities are given. 182 Constitution of Delawa.ee, 18S1. Sections. 20. Limitation of writs of error. 21. Buties of executors, administratorB or ^ardians. 22. Registers' Courts — appeals. 23. Powers of Prothonotary of Superior Court —judgments in one county wlien bind- ing in anotlier. 24. Justices of the Peace. 25. Style of process and public acts. AETICLB VH - MieceP/meousI^vmsUme. 1. Conservators of the peace. 2. Election of Bepresentatiye in Congress. 3. Election of Sheriffs and Coroners — term — not re-eligible ^vacancies. 4. Attorney-General — registers — clerks, etc. 5. Attorneys at law — local officers. 6. Salaries to be moderate — receipt for fees. 7. Costs in case of acquittal. 8. Kights of religious corporations — clergy- men not to hold office. 9. Continuance of laws, writs and proceedings. 10. Constitution to be prefixed to laws. 11. Compilation of the laws — other duties of Legislature. Property qualifications abolished — excep- tions. 12. ABTICLB Tin. — Oath of Office. Officers required to talce an oath. AETICLB IX.- -Mode ((f Amending the Con- stituiton. General Assembly may propose amendments — how rattSed — conventions, when called. SCHEDULE. SSCTIONS. 1. Continuance of Senators and Bepresent- ^ atives to end of term — first meeting of General Assembly. 2. Continuance of certain officers. 3. Eirst election. 4. Term of Governor — when to be elected. 5. Application of amendments to the Judiciary Department — suits — proceedings. 6. Begisters of courts — Justices of Peace. 7. Laws for carrying Constitution into effect. 8. Limitation of writs of error defined. 9. Governor to issue writs of election in cer- tain case. 10, Nothing in amended Constitution to give a wnt of error — increase in number of Justices of Peace— offices not to be va- cated. [The amendments are in brackets.] We, the people, hereby ordain and estailish this Constitution of govern- ment for the State of Delaware. Through Divine goodness all men have, by nature, the rights of worshiping and serving their Creator according to the dictates of their consciences ; of enjoying and defending life and liberty ; of acquiring and protecting reputation and property, and, in general, of, attaining objects suitable to their 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. ARTICLE I. Sectiok 1. Although it is the duty of all men frequently to assem- ble 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 compelled 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 vrill and consent ; and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case inter- Constitution of Delawarje, 18S1. 183 fere with, or in any manner control, the rights of conscience, in the free exercise of religious worship : nor shall a preference be given by law to any religions societies, denomination, or modes of worship. , § 3. No religious test shall be required as a qualification to any office or public trust, under this State. § 3. All elections shall be free and equal. § 4 Trial by jury shall be as heretofore. § 5. The press shall be free to every citizen who undertakes to ex- amine 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 investigating 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. § 6. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and no warrant to search any place, or to seize any person or things, shall issue with- out describing them as particularly as may be, nor then, unless there be probable cause, supported by oath or affirmation. § 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel ; to be plainly and fully informed of the nature and cause of the accusation against him ; to meet the wit- nesses in their examination face to face ; to have compulsory process in due time, on application by himself, his friends or counsel, for ob- taining witnesses in his favor, and a speedy and public trial by an im- partial jury ; he shall not be compelled to give evidence against him- self, nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or the law of the land. § 8. No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the land and naval forces, or in the militia when in actual service in time of War or public 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 ivithout the consent of his representatives, and without compensation being made. § 9. 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, and justice administered ac- cording 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 deter- 184 Constitution of Delaware, 18S1. mine that an impartial trial therefor cannot be had in that county. Suits may be brought against the State, according to such regulations , as shall be made by law. § 10. No power of suspending laws shall be exercised, but by the authority of the Legislature. § 11. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted ; and in the construction of jails, a proper regard shall be had to the healt]} of prisoners. § 12. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is positive or the presumption great ; and when persons are confined on accusation for such offenses, their friends and counsel may at proper seasons have access to them. § 13. The privilege of the writ of habeas corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, the public safety may require it. * § 14. No commission of oyer and terminer or jail delivery shall be issxied. § 15. No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident, no forfeiture shall be thereby incurred. § 16. 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 ^;he social principles of such government 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. § 17. No standing army shall be kept up without the consent of the Legislature ; and the military shall, in all cases and at all times, be in strict subordination to the civil power. § 18. No soldier shall in time of peace be quartered in any house without the consent of the owner ; nor in time of war, but by a civil magistrate, in a manner to be prescribed by law. § 19. No hereditary distinction shall be granted, nor any office cre- ated or exercised, the appointment to which shall be for a longer term than during good behavior; 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. Constitution of Delaware, 1831. 185 "We declare, that every thing in this article is reserved out of the general, powers of government hereinafter mentioned. AETICLE II. Seotiost 1. The Legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Eep- resentatives. § 2. The Eepresentatives shall be chosen [for two years] by the citi- zens residing in the several counties. No person shall be a Eepresentative who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legisla- ture after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State. There shall be seven Eepresentatives chosen in each county, until a greater number of Eepresentatives shall by the General Assembly be judged necessary ; and then, two-thirds of each branch of the Legis- lature concurring, they may by law make provision for increasing their number. § 3. The Senators shall be chosen for [four] years by the citizens residing in the several counties. No person shall be a Senatbr who shall not have attained to the age of twenty-seven years, and have, in the county in which he shall be chosen, a freehold estate in two hundred acres of land, or an estate in real or personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabitant of the State^ three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. There shall be three Senators chosen in each county. When a greater number of Senators shall by .the General Assembly be judged neces- sary, two-thirds of each branch concurring, they may by law make provision for increasing their number ; but the number of Senators shall never be greater than one-half, nor less than one third, of the number of Eepresentatives. [If the ofiBce of Eepresentative, or the office of Senator, become vacant before the regular expiration of the term thereof, a Eepresenta- tive or a Senator shall be elected to fill such vacancy, and shall hold ^ the office for the residue of said term. When there is a vacancy in either House of the General Assembly, and the General Assembly is not in session, the Go'feruQr shall have 24 186 GoysTiTUTioN of Delaware, 1831. 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 Hoiise in case of vacancy.] § 4. The General Assembly shall meet on the first Tuesday of Jan- uary [biennially], unless sooner convened by the Governor. [The first meeting of the General Assembly, under this amended Constitution, shall be on the first Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-three, which shall be the commencement of the biennial-sessions.] § 5. Each House shall choose its Speaker and other officers ; and also each House, whose Speaker shall exercise the office of Governor, may choose a Speaker ^ro tempore. § 6. Each House shall judge of the elections, returns, and qualifica- tions 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. § 7. Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, and shall have all other powers neces- sary for a branch of the Legislature of a free and independent State. § 8. Each House shall keep a journal of its proceedings, and publish them immediately after every session, except §uch 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 journal. § 9. The doors of each House, and of Committees of the whole, shall be open, unless when the business is such as ought to be kept secret. § 10. Neither House shall, without the consent of the other, adjourn for more than three days,, nor to any other place than that in which the two Houses shall be sitting. § 11. The Senators and Eepresentatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the State ; but no law varying the compensation shall take effect, until an election of, the Eepresentatives shall have intervened. They shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance 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. § 13. No Senator or Eepresentative 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 Constitution of Delaware, 1831. 187 have been increased, during such time. No person concerned in any army or nayy^ 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, during his continuance in Congress or in office, be a Senator or Eepresentative. § 13. 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. § 14. All bills for raising revenue shall originate in the House of Eepresentatives ; but the Senate may propose 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 whatever, not immediately relating to and necessary for raising revenue, be in any manner blfended with or annexed to a bill for raising revenue. § 15. No money shall be drawn from the treasury but in conse- quence of appropriations made 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. § 16. [The State Treasurer shall be appointed biennially by the House of Eepresentatives, with the concurrence 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 the death, removal out of the State, resignation or inability of the 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 Com- mittee thereof, which shall be appointed at every biennial session. No person who hath served in the office of State Treasurer shall b8 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 discharged the balance, if any, due thereon.J § 17. [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 incorporation which may be hereafter enacted shall continue in force for a longer 188 Constitution of Delaware, 18S1. period than twenty years, without the re-enactment of the Legis- lature, unless it be an incorporation for public improvement.] . ARTICLE in. Sectioit 1. The supreme • executiTe powers of the State shall be vested in a Governor. § 2. The Governor shall be chosen by the citizens of the State. The returns of every election for Gof ernor shall be sealed up, and immediately delivered by the returning ofiScers of the several counties to the Speaker of the Senate [or in case of the vacancy of the ofifice of the Speaker of the Senate, or his absence from the State, to the Secretary of State], who shall keep the same until a Speaker of the Senate shall be appointed, to whom they shall be immediately de- livered after his appointment, who shall open and publish the same in the presence of the members of both Houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the Prothonotary of each county. The person having the highest number of votes shall be Governor ; but if two or more shall be equal in the highest number of votes, the members of the two Houses shall, by joint ballot, choose one of them to be Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote. Contested elections of a Governor shall be determined 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 afllrmation, that, in determining the said election, he will faithfully discharge the trust reposed in him; and the committee shall always sit with open doors. § 3. The Governor shall hold his' office during [four] years from the third Tuesday in January next ensuing his election, and shall not be [eligible a second time to said office]. § 4. He shall be at least thirty years of age, and have been a citizen 'and inhabitant of the United States twelve years next before the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State. § 5. No member of Congress, nor person holding any ofifice under the United States, or this State, shall exercise the ofifice of Governor. § 6. The Governor shall, at stated times, receive for his services an adequate salary, to be fixed by law, which shall be neither increased nor diminished during the period for which he shall have. been elected. Constitution of Delaware, 1831. 189 § t. He shall be Oommander-in-Cliief of the army and navy of the State, and of the militia, except when they shall he called into the service of the United States. § 8. He shall appoint all officers whose offices are established by this Constitution, or shall be established by law, and whose appoint- mehts are not herein otherwise provided for ; but no person shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabitant therein one year next before his appointment, nor hold the office longer than he con- tinues to reside in the county. 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, Prothonotary, Eegister for the probate of wills and granting letters of administration, Eecorder, Sheriff, 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. !N"o person shall hold more than one of the following offices at the same time, to wit : Treasurer, Attorney- General, Prothonotary, Register or Sheriff. AH commissions shall be in the name of the State, shall be sealed with the Great Seal, and be signed and tested by the Governor. § 9. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment. [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 session.] § 10. He may require information in writing, from the officers in the Executive Department, upon any subject relating to the duties of their respective offices. § 11. He shall, from time to time, give to the General Assembly information of affairs concerning the State, and recommend to their consideration such measures as he shall judge expedient. § 13. 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 ae he shall think proper, not exceeding three months. § 13. He shall take care that the laws be fa;ithfully executed. § 14 [Upon any vacancy happening in the office of Governor by his death, removal, resignation or inability, the Speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. If there be no Speaker of the Senate, or upon a further vacancy happening in the office by his death, removal, resig- 190 Constitution of Delaware, 1831. nation or inability, the Speaker of the House of Kepresentatiyes shall exercise the office untij a GoTemor elected by the people shall be duly qualified. If the person elected GoTemor shall die, or become disqualified, before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it until a Governor shall be elected and duly qualified. If, upon a Tacancy happening in the office of GoTemor, there be no other person who can exercise said office within the provisions of the Constitution, the Secretary of State shall' exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect, by joint ballot of both Houses, a person to exercise the office until a Governor elected by the people shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor elect die, or become disqualified, before the commencement of his term, or refuse to take the office, an election for Governor shall be held at the next general election, unless the vacancy happen within six days next preceding the election, exclusive of the day of the happening of the vacancy and the day of the election ; in that case, if an election for Governor would not have been held at said election without the happening of such vacancy, no election for Governor shall be held at said election in consequence of such vacancy.] If the trial of a con- tested 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 Eepresent- atives, who may then be in the exercise of the executive authority, shall continue therein until a determination of such contested elec- tion. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each brancb of the Legislature. § 15. 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 proceed- ings 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 oh him by law. He shall have a compensation for his services, to be fixed by law. AKTICLE IV. Sbotioit 1. [All elections for Governor, Senators, Representatives, Sheriffs and Coroners, shall be held on the second Tuesday of Novem- ber, and be by ballot. And in such elections, every free white, male Constitution of Delaware, 18S1. 191 citizen of the age of twenty-two years or upward, having resided in the State one year next before the election, and the last month thereof ■ in the county where he offers to vote, and having, within two years next before the election, 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 : Pro- vided, That no person in the military, naval or marine service of the United States shall be considered as acquiring a residence in this State, by. being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane person, or pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector ; and that the Legislature may impose the forfeiture of the right of suffrage as a punishment for crime.] § 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from an arrest during their attendance at elections, and in going to and returning from them. AETICLE V. Section 1. The House of Eepresentatives shall have the sole power of impeaching ; but two-thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate ; and when sitting for that purppse, the Senators shall be upon oath or aflBr- mation to do justice according to tbe evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators. § 2. The Governor, and all other civil ofi&cers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from oflBce, and disqualification to hold any office of honor, trust, or profit under this State ; but the party con- victed shall nevertheless be subject to indictment, trial, judgment and punishment according to law. § 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act,, or on con- fession in open court. AETICLE VI. Section 1. [The judiciary power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, 192 Constitution of Delaware, 18S1. an Orphans' Court, a Court of Oyer and Terminer, a Court of Gen- eral Sessions of the Peace and Jail DeliTery, 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.] § 3. [To compose the said courts there shall be five Judges in the State. One of them shall be Chancellor of the State ; he shall also be President of the Orphans' 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 three Judges shall be Associate Judges, and one of them shall reside in each county.] § 3. [The Superior Court shall consist of the Chief Justice and two Associate Judges. The Chief Justice shall preside in every county, and in 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 expe- diting 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.] § 4. [The Court of General Sessions of the Peace and Jail Delivery shall be composed in each county of the same Judges pid in the same manner as the Superior Court. Two shall constitute a quiorum. One may open and adjourn the court. This court shall have all the juris- diction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Jail Delivery.] § 5. [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.] § 6. [The Court of Oyer, and Terminer shall consist of all the Judges except the Chancellor. Three of the said Judges shall consti- tute a quorum. One may open and adjourn the court. This court shall exercise the jurisdiction now vested in tt a 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.] § 7. [The Court, of Errors alid Appeals shall have jurisdiction 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 Constitution of JDela ware, 18S1. 193 in the judgment and proceedings of said Superior Court, and all mat- ters 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 Judges of the Superior Court to whom it appertains to hold the Superior Court in each county shall sit alternately in the Court of Errors and Appeals in cases in error brought from the Superior Court held in such county, accord- ing to the following rotation, that is to say: If the judgment below be rendered in the court in New Castle county at the first term of the said court there, the Chief Justice shall sit ; if at the second term of said court there, the Associate Judge for Kent county shall sit ; and if at the third term of said court there, the Associate Judge for Sussex county shall sit. If the judgment below be rendered in the court in Kent county, at th6 first term of said court there, the Asso- ciate Judge for Sussex county shall sit ; if at the second term of the said court there, the Associate Judge for New Castle county shall sit ; and if at the third term of the court there the Chief Justice shall sit. If the judgment below be rendered in the court in Sussex county at the first term of said court there, the Associate Judge for New Castle county shall sit ; if at the second term of the said court there, the Chief Justice shall sit ; and if at the third term of the said court there, the Associate Judge for Kent county shall sit ; and so from term to term, in every succeeding rotation, the Judges beginning and fol- lowing each other in the same order. But if, in any case in the Court of Error and Appeals, the Judge who sat in the cause below, and ought, according to this provision, to sit in the Court of Errors and Appeals, be absent, unable or disqualified, then either of the other Judges who sat in the cause below may sit ; and the court shall have power to prevent any inconvenience or delay from observing the rotation above described, by making an order or regulation for either of the Judges who sat in the cause below, to sit in such cause in the Court of Errors and Appeals. If a Judge did not sit in the cause below, he shall sit in the said cause in the Court of Errors and Appeals, unless there be a; legal exception to him ; but the court, if there be three Judges present, may proceed in his absence. Whenever the Superior Court consider that a question of law ought to be decided before all the Judges, they shall have power, upon the application of either party, to direct it to be heard in the Court of Errors and Appeals ; and in that case the Chancellor and four Judges 25 194 Constitution of Delawabm, 1831. shall compose the Court of Errors and Appeals, the Chancellor pre- siding, and any fonr 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 proceeded into ver- dict and judgment in that court, or to be otherwise proceeded in, as shall be best in expediting justice. Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and tliree Associate Judges ; any three of them shall be a quorum.] § 8. [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 Associate Judge presiding.] § 9. [The Governor shall have power to commission a Judge ad litem to decide any cause in which there is a legal exception to the Chan- cellor or any Judge, so that such appointment is necessary to constitute a quorum in either court. The commission in such case shall confine the ofl&ce to the cause, and it shall expire on the determination of the cause. The Judge so appointed shall receive a reasonable compensa- tion, 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 disqualified from being appointed a Judge ad litem.'] § 10. [The Orphans' Court in each county shall be held by the Chancellor and the Associate Judge residing in the county, the Chan- cellor being present. Either of them, in the absence of the other, 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 opin- ions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or otner value thereof, there shall be an appeal to the Superior Court for 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 Orphan's Court.] § 11. [The jurisdiction of each of the aforesaid courts shall be co- extensive with the State. Process may be issued out of each court, in either county, into every county.] § 13. [The General Asaenjbly, notwithstanding any thing contained in this article, shall have power to repeal or alter any act of the Gen- eral 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 to the Orphan's Court, or to the Court Constitution of Delaware, 18S1. 195 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.] § 13. [Until the General Assembly shall otherwise provide, 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 Cfturt of Common Pleas.J § 14 [The Chancellor and Judges shall respectively hold their offices during good behavior, and receive for their services a compen- sation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say : The annual salary of the Chief Justice shall not be less than the sum of one thousand two hundred dollars ; and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars ; and the annual salaries of the Associate Judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees .or perquisites in addition to their salaries for business done by them. The Governor may, for any rea- sonable cause, ia his discretion, remove any of them on the address of two-thirds of all the members of each brauch of the General Assembly. In all cases where the Legislature 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 re- moval, at least five days before the day, on which either House of the General Assembly shall act thereupon.] § 15. [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 entertain- ment, tavern, inn, ale-house, ordinary or victualing-house ; retailing or selling without license wine, rum, brandy, gin, whisky, or spirit- uous or mixed liquors contrary to law; disturbing camp-meetings held for the purpose of religious worship ; disturbing other meetings for the purpose of religious worship ; nuisances ; horse-racing, cock- fighting and shooting matches ; larcenies committed by negroes or mulattoea ; and the offense of knowingly buying, receiving or conceal- ing, by negroes or mulattoes, of stolen goods and things the subject 196 Constitution of Delaware, 18S1. of larceny, and of any negro or mulatto being accessory to any lar- ceny. The General Assembly may by law regulate this 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 privi- lege 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 provision of the Constitution, that : "No per- son shall for an indictable offense be jwoceeded against criminally by information," and also from the provision of the Constitution con- cerning trial by jury.] § 16. In civil causes when pending, the [Superior] Court shall have the power, before judgment, of directing, upon such terms as they shall deem reasonable, amendments in pleadings and legal proceed- ings, so that, by error in any of them, the determination of causes, ac- cording to their real merits, shall not be hindered; and also of direct- ing the examination of witnesses that are aged, very infirm or going out of the State, upon interrogatories de bene esse, to be read in evi- dence, in case of the death or departure of the witnesses before the trial, or inability by reason of age, sickness, bodily infirmity, or im- prisonment, then to attend ; and also the power of obtaining evidence from places not within this State. § 17. At any time pending an action for debt or damages, the de- fendant may bring into court a sum of money for discharging the same, and the cost then accrued, and the plaintiff not accepting there- of, it shall be dehvered for his use to the Clerk or Prothonotary of the court ; and if, upon the final decision of the cause, the plaintiff shall not retover a greater sum than that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator. § 18. By the death of any party, no suit in Chancery or at law, where the cause of action survives, *shaU abate, but until the Legisla- ture shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent 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 the same manner as if he had voluntarily made himself a party ; and, in any of those cases, the court shall pass a de- cree, or render judgment for or against the executors or administrators, as to light appertains. But, where an executor or administrator of a deceased respondent or defendant becomes a party, the court, upon motion, shall grant such a continuance of the cause as to the Judges shall appear proper. Constitution of Delaware, 1831. 197 § 19. Wheneyer a person, not being an executor or administrator, 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 plaintiff in error shall give sufficient 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 appeal or the judgment in error, if he fail to make his plea good. § 30. No writ of error shall be brought upon any judgment hereto- fore confessed, entered or rendered, but within five years from this time; nor upon any judgment hereafter to be confessed, entered, or rendered, but within five years after the confessing, entering or ren- dering thereof; unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years, exclusive of the time of such disability. § 21. An executor, administrator, or guardian shall file every ac- count with the Eegister for the county, who shall, as soon as con- veniently may be, carefully examine 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 office for inspection ; and the executor, administrator or guardian shaU, 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 ac- count 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 allowances made to the accountant, or alleg- ing further charges against him ; and the exceptions shall be heard in the Orphan's 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.] § 22. The Kegisters of the several counties shall respectively hold the Kegister's Court in each county. Upon the litigation of a cause, the depositions of the witnesses examined shall be taken at large in writing, and make part of the proceedings in the cause. This court may issue process, throughout the State, to compel the attendance of witnesses. Appeals may be made from the Eegister's Court to the [Superior] Court, whose decisions shall be final. In cases where a Eegister is interested in questions concer;iing tl^e proibate of wills, the 198 Constitution of Delaware, 18S1. granting of letters of administration, or executors, administrators or guardians' accounts, the cognizance thereof shall belong to the Orphan's Court, with an appeal to the [Superior] Court, whosedecision shall he final. § 23. [The Prothonotary of the Superior Court may issue process, take recognizances of bail and enter judgments, according to law and the practices of the court.] N"o 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 oflBce of the Prothonotary of the county wherein the lands or tenements are situated. § 24. The Governor shall appoint a competent number of persons to the oflSce 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 addition to the number, who shall be commissioned for seven years, if so long they shall behave themselves well, but may be removed by the Governor within that time on conviction of mis- behavior in oflBce, or on the address of both Houses of the Legislature. § 25. The style in all process and public acts shall be " The State of Delaware." Prosecutions shall be carried on in the name of the State. ARTICLE VIL Sectiok 1. The members of the Senate and House of Eepresentatives, the Chancellor, the judges, and the Attorney-General shall, by virtue of their offices, be conservators of the peace throughout the State » and the Treasurer, Secretary, Prothonotaries, ' Registers, Recorders' SheriflEs and Coroners shall, by virtue of their offices, be conservators thereof within the counties respectively in which they reside. § 2. The Representative, and, when there shaU be more than one, the Representatives, of the people of this State in Congress, shall be voted for at the same places where Representatives in the Legislature are voted for, and in the same manner. § 3. [The Sheriff and Coroner of each county shall be chosen by the citizens residing in such county. They shall hold their respect- ive offices for two years, if so long they behave themselves well, and until successors 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 Legis lature, two-thirds of each branch concurring, may vest the appoint, ment of Sheriffs and Coroners in the Governor ; but no person shall be twice appointed Sheriff in any term of six years.] GONSTtTUTION OF DELAWARE, 18S1. 199 § 4. The Attorney-General [Kegisters in Chancery], Prothonotaries; EegisterSj Clerks of the Orphans' Court and of the Peace, shall re- spectiveiy be commissioned for fiye years, if so long they shall behave themselves well ; but may be removed by the Governor within that time on conviction of misbehavior in ofBce, or on the address of both Houses of the Legislature. Prothonotaries [Registers in Chancery], Clerks of the Orphans' Court, Registers, Recorders and Sheriflfs, shall keep their offices in the town or place in each county in which the [Superior] Court [is] usually held. § 5. Attorneys at law, all inferior officers in the Treasury Depart- ment, election officers, officers relating to taxes, to the poor, and to highways, Constables and hundred officers, shall be appointed in such manner as is or may be directed by law. § 6. All salaries and fees annexed to officers shall be moderate ; and no officer shall receive any fees whatever without giving to the person who pays, a receipt for them, if required, therein specifying every particular, and the charge for it. § 7. No costs shall be paid by a person accused on a bill being returned ignoramus, nor on acquittal by a jury. § 8. 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. No [ordained] clergyman or [or- dained] 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. § 9. 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 pros- . ecutions now pending shall proceed as if this Constitution had not been made. § 10. This Constitution shall be prefixed to every edition of the laws made by direction of the Legislature. § 11. The Legislature shall, as soon as conveniently may be, pro- vide 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 thg knowledge of them maybe generally diffused ; for choosing Inspectors and Judges of elections, and regu- lating 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 redressing all wrongful restraints 200 Constitution of Delaware, 18S1. thereof; for more certainly obtaining returns of impartial juries; for dividing 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 advertising 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. § 12. [No property qualification shalj 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 Commissioner, and except su6h offices as the General Assembly shall by law designate.] AETICLE VIII. Members of the General Assembly, and all officers, executive and judicial, shall be bound by oath or affirmation to support the Con- stitution of this State, and to perform the duties of their respective offices with fidelity. AETICLE IX. The General Assembly, whenever two-thirds of each House shall deem it necessary, may, with the approbation of the Governor, pro- pose amendments to this Constitution, and at least three, and not more than six, months before the next general election of Eepresent- atives, 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 amehdments, they shall be valid to all intents and purposes as parts of this Constitution. ]S"o Convention shall be called but by the authority of the people; and an unexceptionable mode of making their sense known will be for them at a [special election on the third Tuesday of May 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 majority of all the citizens in the State, having right to vote for Eepresentatives, have voted for a Convention, 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 Representatives are by the citizens entitled to vote for Eepresent- atives, 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 Eepresentatives shall be ascer- Constitution of JDelaware, 1831. 201 tained 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 number 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 whenever 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 Eepresentatives.] SCHEDULE. That no inconveniences may arise from the amendments of the Constitution of this State, and in order to carry the same into com- plete operation, it is hereby declared and ordained as follows : Sbctiok 1. The oflfiees of the present Senate and Eepresentatives shall not be vacated by any amendment of the Constitution made in this Convention, nor otherwise affected, except that the terms of the Eepresentatives 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-two, 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-three, are hereby ex- tended 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-four, are hereby extended to the second Tuesday of November in that year. The General Assembly shall meet on the first Tuesday 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 January, in the year of our Lord one thousand eight hundred and thirty-three. § 3. The offices of the present Sherifis and Coroners shall not be vacated by any amendment to the Constitution made in this Conven- tion, nor otherwise affected, except that the term of office of the Sheriff of Sussex county is hereby extended to the second Tuesday of Novem- ber, in the year of our Lord one thousand eight hundred and thirty- two, and until a successor be duly qualified; and on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, shall be the first election for Sheriff in Sussex 26 202 Constitution of Delaware, 18S1. county under this amended Constitution. And the term of the present Coroner for Sussex county is hereby extended to the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-four, and until a successor shall be- duly qualified; and on the said last-mentioned day shall be the first election for Coroner in Sussex county under this amended Constitution. • The terms of the present Sheriffe and Coroners for Kent county and New Castle county are hereby extended to the second Tuesday of No- vember, in the year of our Lord one thousand eight hundred and thirty-three, and until successors to them respectively be duly quali- fied ; and on or after the first Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, the Governor shall have power to appoint a Sheriff and a Coroner for New Castle county, and a Sheriff and Coroner for Kent county, to continue in office until the second Tuesday of November, in the year of our Lord one thousand eight hundred, and thirty-four, and until successors to them respectively be duly qualified. And on the said last-mentioned day shall be the first election for Sheriff and for Coroner in New Castle county and in Kent county under this amended Constitution, unless a vacancy happen in the office of Sheriff or Coroner of New Castle or Kent county, or of coroner for Sussex county, before the second Tues- day of November, in the year of our Lord one thousand eight hun- dred and thirty-two ; in which case an election shall be held on that day for a Sheriff or Coroner under this amended Constitution, in place of the Sheriff or Coroner whose office had become vacant. § 3. The first election for Eepresentatives under this amended Con- stitution shall be held the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two ; which shall be the commencement of biennial elections. At this election one Senator shall be chosen in each county for four years. Also, at the biennial election to beheld in the several counties on the second^ Tues- day of November, in the year of our Lord one thousand eight hun- dred and thirty-four, two Senators shall be chosen in each county for four years each. But, as the term of one Senator in each county will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, when no election will be held, to provide for this special case, a Senator shall be chosen in each county at the election held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, for one year, to succeed the Senator for such county whose term will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, and to continue in office Constitution of Delaware, 183 1. 203 until the second Tuesday in Novem'ber, in the year of our Lord one thousand eight hundred and thirty-four, when two Senators shall be chosen in each county as afore-proTided. § 4. The term of office of the present GoTernor shall not be vacated nor extended by amendment made to the Constitution in this Con- vention ; but the said office shall continue during the original term thereof; but the ninth and fourteenth sections of the third article of this Constitution shall be immediately in force as amended. An elec- tion for Governor shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two. § 5. This Constitution as amended, so far as shall concern the Judi- cial 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 justice 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 thou- sand 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 January, 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. 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 Common Pleas, 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 pro- ceeded in to final judgment or determination in the said Superior Court. All indictments, proceedings and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hun- dred and thirty-two, shall be depending in the Court of General Quarter Sessions of the Peace and JaU 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 204 Constitution of JDelawabe, 18S1. Jail Delivery. All suits, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hun- dred 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 respectively, established by this amended Constitution, and the said suits, proceedings and matters shall proceed into final decrecj order, or other determination. ♦ § 6. The Eegisters' Courts and Justices of the Peace shall not be aflfected by any amendments of the Constitution made in this Conven- tion ; but the said courts and the terms of oflflce of Registers and Justices of the Peace shall remain the same as if said amendments had not been made. § 7. The General Assembly shall have power to make any law necessary to carry into effect the amended Constitution. § 8. The provision in the twentieth section of the sixth article of this amended Constitution (being the thirtieth section of the sixth article of the original Constitution), 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. § 9. The Grovernor shall have power to issue writs of election to supply vacancies in either House of the General Assembly that have happened or may happen. § 10. It is declared that nothing in this amended Constitution gives 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 Delivery, nor an appeal from the Court of General Sessions of the Peace and Jail Delivery. The acts of the General Assembly, increasing the number of Justices of the Peace, shall remain in force until repealed by the General As- sembly ; and no office shall be vacated by the amendment to this Constitution, unless the same be expressly vacated thereby, or the vacating the same is necessary to give effect to the amendments. Done in Convention the second day of December, in the year of our Lord one thousand eight hundred and thirty-one, and of the Independence of the United States of America, the fifty-sixth. In testimony whereof, we have hereunto subscribed our names. CHAELES POLK, UONSTITUTION OF DELAWARE, 183 1. 205 Thomas Adams, John Caulk, John M. Clayton, Peter L. Cooper, Thomas Deakyne, Edward Dingle, William Dunning, John Elliott, James Fisher, Willard Hall, Thomas W. Handy, John Harlan, Charles H. Haughey, Hughitt Layton, James C. Lynch, James B. Macomb, Joseph Maull, Ellas Naudain, (Attest.) William NichoUs, Samuel Katcliff, John Raymond, Geo. Bead, Jr., Henry F. Rodney, James Rogers, William Seal, P. Spruance, Jr., Wm. D. Waples. W. P. Brobson, Hceretary, FLOEIDA. Florida was first discovered by Sebastian Cabot, sailing under English author- ity, in J496, and was visited by Ponce de Leon in 1512. At a later period, claims to its possession were laid by the French and Spaniards, who alternately attempted to hold possession ; but the first important explorations and settle- ments were made by the latter, who founded St. Augustine in 1564, and Pen- sacola in 1596. The country was ceded to England, by Spain, on the 10th of February, 1763, in accordance with the terms of a preliminary Convention, signed November 3, 1762, in exchange for Havana and a part of the island of Cuba, which had been captured by the English in August of that year. France at the same time confirmed to England all the territory east of the Mississippi, excepting the city of New Orleans, and the island upon which it is built. By a proclamation of George III, dated October 7, 1763, establishing separate governments in the provinces of Quebec, East Florida, West Florida and Grenada, the boundaries of East Florida were fixed : on the west, the Apalacli- icola river; on the north, the J.ine now recognized as that between Georgia and Florida ; and on the east and south, the Atlantic ocean and Gulf of Mexico. West Florida extended west to lakes Ponchartrain and Maurepas, and the Mississippi river, and north to the parallel of 31° north latitude, and included parts of the present States of Florida, Alabama, Mississippi and Louisiana. Upon a reoonmiendation of the Board of Trade, March 23, 1764, the northern line of West Florida was extended northward on the 6th of June of that year, to ajparallel of latitude running from the mouths of the Y&zoo river to the Chatta- hoochee river, as now called, and this continued to be the northern boundary of West Florida while it remained a British province. Most of the Spaniards left the country after it passed into the hands of the English ; but active measures were taken by the latter to form settlements, and large numbers of colonists were brought in. The production of naval stores, and cultivation of indigo, formed the principal objects of industry, and, during the twenty years of British ocoupatjon, rapid progress was made in settlement and improvements. Upon the breaking out of the Revolution, many loyalists from Carolina and Georgia removed to Florida. ' In September, 1779, a Spanish force from New Orleans invaded West Florida, reduced the British posts at Baton Rouge, Panmure, near Natches, and other places, and, a few months after, Mobile was captured by another expedition ; leaving Pensacola as the only post in West Florida in the possession of the English. In 1781, St. Augustine and its dependencies were captured by the Spaniards, and with these the most of East Florida passed again under the authority of Spain. Both Floridas were confirmed to Spain by Great Britain in a treaty, January 20, 1783. Provisional articles of a treaty between Great Britain and the United States w^ere signed at Paris, November 30, 1782, and were included in Definitive Articles of Peace and Friendship, signed September 3, 1783, which recognized the line of 31° north latitude as tte southern boundary of the United States. The former northern boundary of West Florida was, however, claimed by Spain for several years ; but by the treaty of San Lorenzo el Real, October 27, 1795, the line of 31° was agreed upon. In 1800, Spain retroceded to France the Province of Louisiana, and by a treaty made April 30, 1803, France sold to the United States that province, or colony, 208 Florida. and its dependencies/with the same extent it had had under Spain, and originally under France. The boundary of Louisiana eastward, had been the Perdido river, which thus became the western limit of Florida under the treaty ; yet Spain still held possession of portions of this territory, and for some years insisted that their claims still extended to the western limit of West Florida, as it had been held under Great Britain. The subject became one of irritation and fruitless negotiation between the governments of the United States and Spain, which was further increased by unlawful proceeding on the part of local Spanish oflBcials, and spoliations upon American commerce, committed by the subjects, and carried into the ports of Spain. * The inhabitants within the disputed territory endured these uncertainties with patience, but at length, on the 26th of September, 1810, they met in Con- vention at Baton Rouge, and declared the independence of West Florida, as a, free cmd independent State; absolved all allegiance to " a government which no longer protected them," and sought to be acknowledged and protected as an integral part of the United States. On the 27th of October, 1810, President Monroe issued a proclamation, assert- ing the right of the United States, under the Louisiana purchase, annexing the territory in question to Orleans Territory, and directing the Governor of that Territory to take possession in the name, and on behalf, of the United States. In this proclamation, he declared that " the previous temporary acquiescence of the United States, in the occupation of said territory, had not been the result of any distrust of its title, but had been occasioned by their conciliatory views, and a confidence in the justice of their cause, and in the success of candid discussion and amicable negotiation with a just and friendly power." The approaching controversy with England, and danger lest that Government should taJie advan- tage of the condition of afiairs, had an influence in these proceedings, and led to the passage of a joint resolution of Congress, approved January 15, 1811, as follows : " Taking into view the peculiar situation of Spain, and of her American prov- inces, and considering the influence which the destiny of the territory adjoining the southern border of the United States may have upon their security, tran- quillity and commerce ; Therefore, Resolved, . . . That the United States, under the peculiar circumstances of the existing crisis, cannot, without serious inqui- etude, see any part of the said territory pass into the hands of any foreign power ; and that a due regard for their own safety compels them to provide, under cer- tain contingencies, for the temporary occupation of the said territory ; they, at the same time, declare that the said territory shall, in their hands, remain subject to future negotiation." This was accompanied by an act of the same date, authorizing the President to take possession of, and occupy all or any part of the territory east of the Per- dido and south of Georgia and the Mississippi Territory, in case any arrangement had been or might be made, with the local authority of the said territory, for delivering up the possession of the same, or any part thereof, to the United States, or in the event of an attempt to occupy the said territory, or any part thereof by any foreign government. An act was also passed February 12, 1813, authorizing the occupation of any part of the territory west of the Perdido, not then in possesion of the United States. The claims of the United States against Spain, on account of spoliations upon American commerce, were admitted as a just subject of settlement; and the importance of acquiring the territory by the United States became every year more apparent. A treaty of amity, settlement and limits was at length held on Florida. 209 the 22d of February, 1819, at Washington, which was ratified by the King of Spain, with the consent of the Cortes, October 24, 1820, and by the President of the United States, with the advice and consent of the Senate, February 22, 1821, by which the whole of Florida was ceded to the United States. A law was assed March 3, 1821, for carrying this treaty into effect, and the final surrender was made to Gteneral Andrew Jackson, the Commissioner appointed for the pur- pose — ^in East Florida, at St. Augustine, on the 10th, and at Pensacola, in West Florida, on the 17th of July, 1821. By this treaty, the United States agreed to satisfy its own citizens for all claims ' against Spain, not exceeding $5,000,000 in the aggregate, and both Governments renounced certain claims for injuries arising from causes specified in the treaty. Private rights were to be maintained ; all grants of land made before January 24, 1818, were confirmed ; and, as soon as consistent with the principles of the Federal Constitution, the inhabitants were to be admitted to the enjoyment of all the rights, privileges and immunities of citizens of the United States. A Territorial government waS established in Florida by act of March 30, 1822, East and West Florida being united, excepting that a Superior Court was estab- lished in each; With sundry amendments this form of government was con- tinued about twenty-three years, and down to the time of her admission as a State. On the 30th of January, 1838, the Territorial Legislature passed an act, which was approved by the Governor February 2, 1838, for calling a Convention to prepare a State Constitution. This Convention met at St. Joseph, December 3, 1838, and on the 11th of January, 1839, agreed upon a Constitution, and a memo- rial to Congress, asking for admission into the Union as a State. This measure was, however, delayed several years, and in the mean tirue pro- jects for the formation of two Territories were entertained, and bills for this purpose were introduced in Congress, but not passed. An act for the admission of the States of Iowa and Florida was at length passed March 3, 1845. Under this Constitution, which remained in force until 1861, the Legislative power was vested in a Senate and House of Representatives, who were collect- ively styled the " Gen'eral Assembly," and held annual sessions. Senators were chosen for two years, by districts, one-half annually. Bepresentation was based upon a census taken every tenth year (1845, etc.), upon the old federal principle of white population and three-fifths of the slaves. The Governor held his office four years, and was not eligible at the next term. The Judicial power was vested In a Supreme Court, a Court of Chancery, Circuit Courts and Justices' Courts. The Judges and Chancellor were chosen by a concurrent vote of the General Assembly, and held office during good behavior, but might be removed for causes, not sufficient for impeachment, by the Governor, upon the address of two-thirds of each House. A Solicitor was elected for each Circuit by the joint vote of the General Assembly, for a term of four years. A Judge Probate was appointed in each county. In pursuance of an act passed by the General Assembly, a Convention assem- bled at Tallahassee on the 3d of January, 1861, Which adopted an Ordinance of Secession from the Union on the 10th of January, and adjourned on the 21st sub- ject to the call of its President or of the Governor. Called sessions were held February 26, 27, April 18-27, 1861, and January 14r-27, 1862, at which sundry amendments were made to the Constitution. Restrictions upon commercial intercourse with Florida were removed by proclamation of President Johnson AprU 29, 1865, and on the 13th of July he appointed WiUiam Marvin as Provisional Governor. An election of Delegates to a State Convention was held October 10th, 1865 They met at Tallahassee 27 210 Florida. October 25th, repealed the Ordinance of Secession on the 28th, and on the 7th of November agreed upon an amended Constitution. Their session was continued to November 13th, when they adjourned, having passed sundry ordinances whioh indicated a purpose of establishing distinctions between the white and colored races not in accordance with the prevalent views of Congress. Under the reconstruction measures of 1867-8, a registration was made, at which 11,148 white and 15,439 colored electors were registered. An election upon the question of a Convention gave 14,250 for to 133 against, and an election of Dele- gates to a Convention was held. The Convention met. January 2Q, 1868, and on ; the 25th of February they agreed upon and**8igned the Constitution given in our text. This Convention, regarding the action of the last preceding one as a nullity, again repealed the Ordinance of Secession on the 21st of February, 1868, by an unanimous vote. The Constitution of 1868 was submitted, to the people at an election held on the first Monday, Tuesday and Wednesday of May, at which it was approved by a vote of 14,520 /or to 9,491 against. By an act of Congress, approved June 25, 1868, this State was to be admitted to representation in Congress upon its ratification of the XlVth Article of Amendment to the Constitution of the United States, and upon tte further con- dition, that the State Constitution should never be amended or changed, so as to deprive any citizen, or class of citizens, of the United States, of the'right to vote in said State, who were entitled to vote by the Constitution then recognized, except as a punishment for such crimes as were now felonies at common law, whereof they had been duly convicted under laws equally applicable to all the inhabitants of the State. The military authorities gave possession to the new State Grovern- ment, July 4, 1868. On the 11th of July, 1868, the President issued a proclama- tion announcing that the Thirteenth and Fourteenth Articles of Amendment to the Constitution had been reported to him in a letter of the Gtovernor, dated June ICth of that year, as ratified by the State Legislature. CONSTITUTION OF FLORIDA. 1868. SUMMARY. &BTICI.ES, Seclitration of BightB, I. Bonndaries. n. Seat of Goveminent. ni. Bistribution of Powers. rV. Legislative Department. T. Execative Department. "VI . Judicial Department. VH . Administrative Department. Vm. Education. IX. Homestead. £, PuMic Institntions. XI. MUitia. XH. Taxation and Finance. Xin. CensQS and Apportionment. XIV. Suffrage and Eligibility. XV. Schedule.' Xyi. Miscellaneous. XVn. Amendments. PBEAMBLE. DECLARATION OP EIGHTS. Sections. 1. Natural freedom — inalienable rights. 2. Origin of political power — purpose of gov- ernment — rignt to alter and amend — paramount allegiance to the United States — Union cannot be dissolved. 3. State to forever remain a member of Ameri- can Union. 4. Kight of trial by jury. 5. Religious freedom — witnesses not disquali- ned on account of religious faith — lib- erty of conscience not to excuse acts of licentiousness. 6. Privilege of habeas corpus. 7. Excessive bail — fines — detention of wit- 81. 24. Bight of bail. Prosecution by indictment — rights of per- sons accused — second trials forbiduen — witness against one's self — private property for public use to be compen- sated. Ereedom of speech and of the press— trial of libels. Eight of assembly and of petition. General laws to have uniform operation. Subordination of military to civil power. Quartering of soldiers. Basis of representation — number from each county. Imprisonment for debt prohibited — excep- tions. Attainder— ex post facto laws — obligation of contracts. Eights of foreigners. Slavery prohibited. Security against unlawful selznres and searches. Treason defined — how proved. Eight to bear arms in defense of self and State. Preference not to be given to religious sects. Eeserved rights. ARTICLE I.— Boundaries. Sections. 1. Boundaries described. ARTICLE n. — Seat (^Government. Tallahassee — people may 1. Located at change. ARTICLE m.—SistrWutim of Powers. 1. Legislative, Executive and Judicial Depart- ments — to be kept distinct. ARTICLE TV.— Legislative Department. 1. Power vested in Senate and Assembly — designation — sessions, where held. 2. Session annual — time — extra sessions. 3. Elections to Assembly biennial— time when, 4. Senators — term — classification. 5. Senators and members to be electors. 6. Powers of each House— may punish dis- orderly conduct — may expel mem- bers. 7. Power over persons not members. 8. Quorum — absent members. 9. Disqualifications from ofice— embezzlement — defalcation — bribery. 10. Journals — publication — yeas and nays. 11. Sessions to be with open doors — adjourn- ments. 12. Origin of bills — must be passed by both Houses. 18. Enacting clause. 14. Laws to embrace but one subject — to be ex- pressed in title — revision and amend- ment. 15. Passage of bills— yeas and nays — joint resolutions. 16. Payments from the treasury— receipts and expenditures. 17. General laws— special and local laws for- bidden in certain cases. 18. Laws to be uniform and general in their operation. 19. Suits against the State. 20. Lotteries prohibited. 21. Uniform county, town and municipal gov- ernments. 22. General laws for certain corporations and associations. 23. Disqualification from voting or serving on juries. 24. Protection of elections. 25. Sessions limited to sixty days — special ses- sions. 26. Property of married women — exemption from husband's debts. 27. Officers not otherwise provided for. 28. Governor to sign bills — veto power. 29. Impeachments — ofBcers who may be im- peached- limit of judgment— trial of civil ofSicers. 30. Xaws appropriating money for salaries, I 31. Election of Senators to Congress. 212 Constitution of Florida, 1868, ARTICLE T.—Executim Department Sections. 1. Supreme Executive power vested in Gov- ernor, 3, Election of Governor — term— oath. 5. Qualifications of Governor. 4. Commander-in-chief. B. To transact Executive "business — may re- quire information from officers. 6. To see that the laws are faithfully executed. 7. To fill vacancies in office not otherwise pro- vided for. 8. May convene Legislature — such sessions to transact no other husiness than that for which called. 9. To communicate hy message to Legislature. 10. May adjourn Legislature in case of aisagree- ment as to tmie. 11. Suspension of fines — reprieves — limited in case of treason and impeachme;it— to report to Legislature. 12. Pwdoning powers. 13. Grants and commissions to be sealed, signed and countersigned. 14. Lieutenant-Gtovemor — election — qualifica- tion — President of Senate — when the President of Senate to act as Governor. 15. When Lifeutenant-Govemor to act as Gov- ernor. 16. Governor may require opinions of Justices of Supreme Court. 17. Governor's Cabinet, how composed — offi- cers of, how appointed — term. 18. Appointment of Militia officers. 19. Assessors and Collectors of revenue — term — county officers — term — removal of. 30. Commissioners of State institutions. 31. Suspension of writ of haheas corpus. ARTICLE VI. — Judidal Department, 1. Judicial power, how vested. 3. Style of process. 3. Supreme Court, how composed — term of Justices — appointment. 4. Quorum — terms of courts. 5. Jurisdiction of Supreme Court. 6. Clerk of Supreme Court — duties. 7. Circuit Courts, how composed — terms of Judges — districts — exchange of cir- cuits. 8. Jurisdiction of Circuit Courts. 9. County Courts — appointment of Judges — term. 10. Courts of Oyer and Terminer. It. Jurisdiction of County Courts — Probate Courts — terms. 13. Jurors, how taken. 13. Testimony, how taken— to he signed hy 14. Fleas, how sworn to. 15. Justices of the Peace — jurisdiction — term. 16. Municipal Courts. < 17. Referee trials— 'record to he kept. 18. No other courts to he organized. 19. State Attorneys — appointment — term — Sheriffs — other officers of courts. 30. Constables — election — numher — duties. 31. Attorneys admitted in any State may prac- tice in this. ARTICLE Vn. — Administratim Department 1. Cahinet of administrative officers, how* com- posed. a. Secretary of State — duties — keeper of Great Seal. 3. Attorney-General — duties — Reporter for Supreme Court. 4. Treasurer — dutLes — to dishui^e only on order. 6. Comptroller — duties to he prescribed hy law. SECTION'S. 6. Surveyor-General — duties. 7. Superintendent of Puhlic Instruction — duties — historical hureau. 8. Adjutant^General— duties — State Prison — quarantine. 9. Commissioner of Education — limit. 10. Cabinet officers to report at each session. ARTICLE yni.-'Mducaitim. 1. Duty of State to provide for education, 3. Common schools — university. 3. Superintendent of Pnblic Instruction— term. 4. Common school fund, 5. Special tax for schools. 6. Principal of school fund inviolable. 7. Distribution of school fund. 8. County school tax. 9. Board of Education. ARTICLE IX. —Homestead. 1. Amount of exemj)tion of homestead — prop- erty exemption, 3. Further exemption to value of $1,HKK)— exceptions. 3. Exemption, for whose henefit. ARTICLE X. —Public Institutions. 1. Institutionsforinsane — blind— deaf, etc. 3. State Prison — house of refuge — work- house. 3. Maintenance of the poor. ARTICLE XL. — MUUia. 1. Persons liable to military duty — exemp- tions. 3. Militia to be organized and disciplined. 3. Rankof Adjutant-General — of other officers — uniform. 4. Governor may call out militia. ARTICLE Xn.— Taxation and Finance. 1. Taxation to be uniform — exemptions. 3. Revenue to pay expenses and interest, 3. Taxes to be levied by law. 4. Payments must be under laws. 5. Receipts and expenditures. 6. County and town taxes — special tax — tax on licenses. 7. Power to issue bonds — purposes for which issued. 8. No tax to he levied for benefit of chartered companies. ARTICLE Xm. — Census and Apportionment 1. Census, when taken. 3. Apportionment — formation of Senatorial Districts. ARTICLE XrV. — Suffrage and Eligimity. 1. Qualifications of electors, 3. Exclusions from privilege. 3. Voting of naturalized persons. 4. Disqualification on account of crimes, etc. — not to accrue until proved. 5. Elections in Legislature to he viva voce — of people by ballot. 6. Registration of voters. 7. Educational qualifications may be required. ARTICLE XV.— Schedule. 1. Confiicting laws, etc., declared void. 3. Acts and resolutions not inconsistent with Constitution to he continued. 3. Laws passed since January 10, 1861 — other public acts of this period — liability of officers — private rights. Constitution of Florida, 1868. 213 Bbctions. 4. Certain treasury notes declared void. 6. Bestrictlon npon re-imlmrseinent of certain purchasers of land. 6. Validity of proceedings under authority of United States. 7. Proceedings upon judgments in certain cases. AETICLE 'Sn.—MUcellaneam. 1. Exclusion of certain classes of persons from holding office. 2. Limitation of ofBces filled under Constitu- tion of 1865. 3. Judicial Districts described. 4. Salary of State officers. 5. Library of Supreme Court. 6. Payment of salaries. 1. Seminole Indians entitled to representation. 8. Taxes may be imposed npon Indians if ' citizens: 9. Other causes for impeachment — disqnalifl- cation of officers under arrest for im- peachment. 10. OiBcialoath. 11. Donation of lands to actual settlers. 12. County offices to be held at county seat. 13. Publication of laws — of decisions— free to any person to publish. 14. Limitation of offices to four years. Ssciioirs. 15. Oi^ces to be kept at seat of QoTemment— temporary removal. 16. Plurality vote at elections. 17. Term of first State officers. 18. Counties and cities to support own officers — County buildings. 19. Temporary President of Senate. 30. State Seal. 31. Installation of State officers. 22. Qnaliflcations of Governor — of other offi- cers. 23. Qualifications of Senators and Members of Congress. 24. Taxation of corporations. 25. Bepudiation of Confederate debts. 26. Contracts for slaves. 27. Kecovery of property sequestered by Con- federate States, or State of Florida. 28. Civil and political equality of the races. 29. Present apportionment for Assembly and Senate. 30. Qualification of Judges. 31. State emblem. ' AETICLE XVn.— Amendments. 1. Amendments made by Legislature — to be ratified by people. 2. Mode of calling future Conventions and of ratifying their proceedings. PEEAMBLE. We, the people of the State of Florida, grateful to Almighty God for our freedom, in order to secure its blessings and form a more per- fect government, insuring domestic tranquillity, maintaining public order, perpetuating liberty, and guaranteeing equal civil and political rights to all, do establish this Constitution. DECLAEATION OF EIGHTS. Section 1. AU men are by nature free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. § 3. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of its citizens ; and they have the right to alter or amend the same whenever the public good may require it, but the paramount allegiance of every citizen is due to the Federal Government, and no power exists with the people of this State to dissolve its connection therewith. § 3. This State shall ever remain a member of the American Union ; the people thereof a part of the American nation ; and any attempt from whatever source, or upon whatever pretense, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State. § 4. The right of trial by jury shall be secured to all, and remain inviolate forever ; but in all civil cases a jury trial may be waived by the parties, in the manner to be prescribed by law. 214 Constitution of Florida, 1868. § 5. The free exercise and enjoyment of all religious profession and worsliip shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opin- ions ; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness, or practices subTersiye of the peace and safety of the State. § 6. The privilege of the writ of habeas corpus shall not be sus- pended, unless when in case of invasion or rebellion "the public safety may require its suspension. § 7. Excessive bail shall not be required, nor excessive fines imposed^ nor cruel or unusual punishments inflicted, nor shall witnesses be unreasonably detained. § 8. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. § 9. No person shall be tried for a capital or otherwise infamous crime, except in cases of impeachment, and in cases of the militia when in active service in time of war, or in which the State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny under the regulation of the Legislature, unless on presentment and indictment by a grand jury ; and in any trial by any court, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. TSo person shall be subject to be twice put in jeopardy for the same offense, nor shall be compelled in any criminal ease to be a witness against himself, nor be deprived of life, liberty, or property without due process of law ; nor shall private property be taken without just compensation. § 10. Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libelous is true, but was published for good motives, the party shall be acquitted or exoilerated. § 11. The people shall have the right to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for a redress of grievances. §'13. All laws of a general nature shall have a uniform operation. § 13. The military shall be subordinate to the civil power. § 14. E'o soldier shall, in time of peace, be quartered in any house except with the consent of the owners, nor in time of war, except in manner prescribed by law. § 15. Eepresentatives shall be apportioned according to population. Constitution- of Florida, 1868. 215 as well as may be, but no county shall have more than four Kepresenta- tives nor less than one EepresentatiTe in the Assembly. § 16. No person shall be imprisoned for debt, except in ease of fraud. § 17. No bill of attainder, or ex post facto law, or laws impairing the obligations of contracts, shall ever be passed. § 18i Foreigners who are, or who may hereafter become, 'bona, fide residents of the State, shall enjoy the same rights in respect to pos- session, enjoyment and inheritance of property as native-bom citizens. § 19. Neither slavery nor involuntary servitude, unless for the pun- ishment of crime, shall ever be tolerated in this State. § 20. The rights of the people to be secure in their persons, houses, and effects, against unreasonable seizures and searches, shall not be violated; and no warrants issued but in probable cause, supported by oath or affirmation, particularly describing the place or places, to be searched, and the person or persons and thing or things to be seized. § 21. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort ; and no person shall be convicted of treason vmless on the testimony of two witnesses to the same overt act, or confession in open court. § 22. The people shall have the right to bear arms in defense of themselves and of the lawful authority of the State. § 23. No preference can be given by law to any church, sect, or mode of worship. § 24. This enunciation of rights shall not be construed to impair or deny others retained by the people. AETICLE I. BOFKD ARIES. The boundaries of the State of Florida shall be as follows: Com- mencing at the mouth of the river Perdido ; from thence up the middle of said river to where it intersects the south boundary line of the State of Alabama and the thirty-first degree of north latitude ; thence due east to the Chattahoochee river ; thence down the middle of said river to its confluence with the Flint river; from thence straight to the head of the St. Mary's river ; thence down the middle of said river to the Atlantic ocean ; thence southeastwardly along the coast to the edge of the Gulf stream ; thence southwestwardly along the edge of the Gulf stream and Florida reefs to and including the Tortugas islands; thence northeastwardly to a point three leagues from the main land; thence northwestwardly -three leagues from the land to a point west of the mouth of the Perdido river ; thence to the place of beginning. 216 Constitution of Florida, 1868. AETIOLE II. SEAT OF GOVEEKMBNT. The seat of government shall be and remain permanent at the city of Tallahassee, in the county of Leon, until otherwise located by a majority vote of the Legislature, and by a majority vote of the people AETICLB IIL DISTKIBUTIOM" OE POWEES. The powers of the government of the State of Florida shaU be divided into three departments, to wit : legislative, executive and judicial, and no person properly belonging to one of the departments shall exercise any functions appertaining to either of the others, except in those cases expressly provided for by this Constitution. ARTICLE IV. LEGISLATITB DEPAETMENT. Sectiost 1. The Legislative authority of this State shall be vested in a Senate and Assembly, which shall be designated the " Legislature of the State of Florida," and the sessions thereof shall be held at the seat of government of the State. § 2. The sessions of the Legislature shall be annual, the first session on the second Monday of June, A. D. 1868, and thereafter on the first Tuesday after the first Monday of January, commencing in the year A. D. 1869. The Governor may, in the interim, convene the same in extra session by his proclamation. § 3. The members of the Assembly shall be chosen biennially : those of the first Legisla,ture on the first Monday, Tuesday and "Wed- nesday of May, A. D. 1868, and thereafter on the first Tuesday after the first Monday of November, commencing with the year 1870. § 4. Senators shall be chosen for the term of four years, at the same time and place as members of the Assembly ; Provided, that the Sen- ators elected at the first election from the Senatorial Districts desig- nated by even numbers shall vacate their seats at the expiration of two years, and thereafter all Senators shall be elected for the term of four years, so that one-half of the whole number shall be elected biennially. § 5. Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent. § 6. Each House shall judge of the qualifications, electicns and re- turns of its own members, choose its own officers, except the President Constitution of Florida, 1868. 217 of the Senate, determine tlie rules of its proceedings, and may punish its members for disorderly conduct, and, with the concurrence of two- thirds of all the members present, expel a member. § 7. Either House, during the session, may punish by imprison- ment any person not a member who shall have been guilty of dis- orderly or contemptuous conduct in its presence, but such imprison- ment shall not extend beyond the final adjournment of the session. § 8. A majority of each House shall constitute a quorum to do busi- ness, but a smaller number may adjourn from day to day, and may compel the presence of absent members, in such manner and under such penalties as each House may prescribe. § 9. Any person who shall be convicted of embezzlement or defalca- tion of the funds of the State, or of having given or offered a bribe to secure his election or appointment to oflBce, or of having received a bribe to aid in the procurement of oflBce for any other person, shall be disqualified from holding any oflB.ce of honor, profit or trust in the State ; and the Legislature shall, as soon as practicable, provide by law for the punishment of such embezzlement, defalcation or bribery, as a felony. § 10. Each House shall keep a journal of its own proceedings, which shall be published, and the yeas and nays of the members of either House on any question shall, at the desire of any three members pres- ent, be entered on the journal. § 11. The doors of each House shall be kept open during its session, except the Senate while sitting in Executive session, and neither shall, without the consent of the other, adjourn for more-than three days, or to any other town than that in which they may be holding their session. § 12. Any bill may originate in either House of the Legislature, and after being passed in one House may be amended in the other. § 13. The enacting clause of every law shall be as follows : " The People of the State of Florida, represented in Senate and Assembly, do enact as follows." § 14 Each law enacted in the Legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title, and no law shall be amended or re- vised by reference to its title only, but in such case the act as revised, or section as amended, shall be re-enacted and published at length. § 15. 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 pending shall deem it expedient to dispense with this rule ; but the reading of a bill by sections oi^ its final pas- sage shall m no case be dispensed with ; and tl^e yote pn the final 28 218 Constitution of Florida, 1868. piisaage of every bill or joint resolution shall be taken by yeas and nays, to be entered in the journal of each House, and a majority of the members present in 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 oflScers of the respective Houses, and by the Secretary of the Senate and Clerk of the Assembly. § 16. No money shall be drawn from the treasury except by appro- priation made by law, and accurate statements of the receipts and ex- penditures of the public money shall be attached to and published with the laws passed at every regular session of the Legislature. § 17. The Legislature ^hall not pass special or local laws in any of the. following enumerated cases, that is to say: regulating the juris- diction and duties of any class of ofiBcers, or for the punishment of crime or misdemeanor ; regulating the practices of courts of justice ; providing for changing venue of civil and criminal cases ; granting divorces ; changing the names of persons ; vacating roads, town plats, streets, alleys and public squares ; summoning and impaneling grand and petit juries and providing for their compensation; regulating county, township and municipal business; regulating the election of county, township and municipal officers ; for the assessment and col- lection of taxes for State, county and municipal purposes; providing for opening and conducting elections for State, county and municipal officers, and designating the places of voting ; providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities ; regulating the fees of ofiBcers. § 18. In all cases enumerated in the preceding section, and in all other cases where general law can be made applicable, all laws shall be general and of uniform operation throughout the State. § 19. Provision may be made by general law for bringing suit against the State as to all liabilities now existing or hereafter originating. § 20. Lotteries are hereby prohibited in this State. § 31. The Legislature shall establish a uniform system of county, township and municipal government; § 33. The Legislature shall provide by general law for incorporat- ing such municipal, educational, agricultural, mechanical, mining and other useful companies or associations as may be deemed necessary. § 33. No person who is not a qualified elector of this State, or any person who shall h^ve been convicted of bribery, forgery, perjury, larceny or other high crime, unless restored to civil rights, shall be permitted to serve on jurie^. § 34. Laws shall be passed regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. Constitution of Florida, 1868, 219 § 25. Eegular sessions of the Legislature may extend tp sixty days ; but any special session convened by the Governor shall not exceed twenty days. § 26. All property, both real and personal, of the wife, owned by her before marriage or acquired afterward by gift, devise, descent, or pur- chase, shall be her separate property and not liable for the debts of her husband. § 27. The Legislature shall provide for the election by the people, or appointment by. the Governor, of all State, county or municipal ofi&cers not otherwise provided for by this Constitution, and fix by law their duties and compensation. § 28. Every bill which may have passed the Legislature shall, before becoming a law, be presented to the Governor. If he approves it he shall sign it ; but if not, he shall return it with his objections to the House in which it originated, which House shall cause such objec- tions to be entered upon its journals, and proceed to reconsider it. If, after such reconsideration, it shall pass both Houses by a two- thirds vote of the members present, which vote shall be entered on the journal of each House, it shall become a law. If any bill shall not be returned within five days (Sundays excepted) after it shall have been presented to the Governor, the same shall be a law in like manner as if he had signed it. If the Legislature, by its final adjourn- ment, prevent such action, such bill shall be a law unless the Gover- nor, within ten days next after the adjournment, shall file 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, and if the same shall receive two-thirds of the votee present, it shall be- come a law. § 29. The Assembly shall have the sole power of impeachment; but a vote of two-thirds of all the members present shall be required to impeach any ofi&cer, and 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 convicted without the con- currence of two-thirds of the Senators present. The Chief Justice shall preside at all trials by impeachment, except in the trial of the Chief Justice, when the Lieutenant-Governor shall preside. The .Governor, Lieutenant-Governor, Members of the Cabinet, Justices of the Supreme Court, and Judges of the Circuit Court, shall be liable to impeachment for any misdemeanor in office ; but judgment in such ^ cases shall extend only to removal from office, and disqualification to hold any office of honor, trust or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indict- 220 Constitution of Florida, 1868. ment, trial and punishment according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate ; but they shall, nevertheless, be liable to indictment, trial and punishment according to law, for any misdemeanor in office. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide. * § 30. Laws making appropriation for the salaries of public officers and other current expenses of the State shall contain provisions on no other subject. § 31. The Legislature shall elect United States Senators in the manner prescribed by the Congress of the United States, and by this Constitution. AETICLB V. EXECUTIVE DBPAETMENT. Section 1. The supreme Executive power of the State shall be vested in a chief magistrate, who shall be styled the Governor of Florida. § 3. The Governor shall be elected by the qualified electors, at the time and places of voting for the Members of the Legislature, and shall hold his office for four years from the time of his installment : Provided, that the term of the first Governor elected under this Con- stitution shall expire at the opening of the regular session of the Legislature of A. D. 1873, and until his successor shall be qualified. He shall take the oath of office prescribed for all State officers. § 3. No person shall be eligible to the office of Governor who is not a qualified elector, and who has not been nine years a citizen of the United States, and three years of the State of Florida next preceding the time of his election. § 4. The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called ^into the service of the United States. § 5. He shall transact all Executive business with the officers of the Government, civil and military, and may require information, in writing, from the officers of the administrative department upon any subject relating to the -duties of their respective offices. § 6. He shaU see that the laws are faithfully executed. § 7. When any office, from any cause, shall become vacant, and no mode is provided by this Constitution, or by the laws of the State, for filling such vacancy, the Governor shall have the power to fill such Constitution of Florida, 1868. 221 vacancy by, granting a commission, which shall expire at the next election. § 8. 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 Legislature then shall transact no legislative business except that for which they are especially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session,' except by the unanimous consent of both Houses. § 9. He shall communicate, by message, to the Legislature at each regular session the condition of the State, and recommend such measures as he may deem expedient. § 10. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have the power to adjourn the Legislature to such time as he may think proper, provided it is not beyond the time fixed for the meeting of the next Legislature. § 11. The Governor shall have power to suspend the collection of fines and forfeitures, and grant reprieves for a period not exceeding sixty days, dating from the time of conviction for all offenses, except in cases of impeachment. Upon conviction for treason, he shall have power to suspend the execution of sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve ; and if the Legislature shall fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor may by his order direct. The Governor shal^ communicate to the Legislature, at the beginning of every session, every case of fine or forfeiture remitted or reprieved, pardon or commutation granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, and the date of its remission, commutation, pardon or reprieve. § 13. 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 deem proper, remit fines and forfeitures, commute punish- ments, and grant pardons after conviotiqn in all cases except treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. § 13. The grants and commissions shall be in the name and under the authority of the State of Florida, sealed by the Great Seal of the State, signed by the Governor, ar.d countersigned by the Secretary of State. 222 Constitution of Florida, 1868. § li. A Lieutenant-GoTemor shall be elected at the same time and places, and in the same manner, as the GoTernor, whose term of office aad eligibility shall also be the same. He shall be the 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, resijgn, die or become incapable of performing the duties of his office, or be absent from the State, the President ^ro timpore of the Senate shall act as Governor until the office be filled or the disability cease. § 15. In the case of the impeachment of the Governor, or his re- moval from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease ; but the Governor shall not, without the consent of the Legislature, be oiit of the State in time of war. § 16. The Governor may at any time' require the opinion of the Justices of the Supreme Court as to the interpretation of any portion of this Constitution, or upon any point of law, and the Supreme Court shall render such opinion in writing. § 17. The Governor shall be assisted by a Cabinet of administrative officers, •consisting of a Secretary of State, Attorney-General, Comp- troller, Treasurer, Surveyor-General, Superintendent of Public In- struction, Adjutant-General and Commissioner of Immigration. Such officers shall be appointed by the Governor and confirmed by the Sen- ate, and shall hold their offices the same time as the Governor, or until their successors shaU be qualified. § 18. The Governor shall, by and with the consent of the Senate, appoint all commissioned officers of the State militia. • § 19. The Governor shall appoint, by and with the consent of the Senate, in each county, an Assessor of Taxes and Collector of Eevenue, whose duties shall be prescribed by law, and who shall hold their offices for two years, and be subject to removal upon the recommendation of the Governor and consent of the Senate. The Governor shall appoint in each county a County Treasurer, County Surveyor, Superintendent of Common Schools, and five County Commissioners, each of whom shall hold his office for two years, and the duties of each shall be prescribed by law. Such officers shall be subject to removal by the Governor when in his judgment the public welfare will be advanced thereby : Provided, No officer shall be removed except for willfal neg- lect of duty, or a violation of the criminal laws of the State, or for incompetency. § 30. The Governor and Cabinet shall constitute a Board of Com- missioners of State Institutions, which Board shall have supervision CONSTirVTION OF FLORIDA, 1868. 22Z of all matters connected therewith, in such manner as shall he pre- scrihed hy law. § 21. -The GoTemor shall have power, in cases of insurrection or rebellion, tp suspend the writ of habeas corpus within the State. AETICLE VI. JUDICIAL DBPABTMENT. Section- 1. The judicial power of the State shall be vested in a Supreme Court, Circuit Courts, County Courts, and Justices of the Peace. .§ 2. The style of all process shall be " The State of Florida," and all prosecutions shall be conducted in the name and by the authority of the same. § 3. The Supreme Court shall consist of a Chief Justice, and two Associate Justices, who shall hold their ofl&ces for life, or during good behavior. They shall be appointed by the Governor and confirmed by the Senate. •§ 4. The majority of the Justices of the Supreme Court shall con- stitute a quorum for the transaction of all business. The Supreme Court shall hold three terms each year in the Supreme Court- Eoom at the seat of government. Such terms shall commence on the second Tuesday of October, January and April, respectively. § 5. The Supreme Court shall have appellate jurisdiction in all cases in equity, also in all cases of law in which is involved the title to, or right of, possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand or the value of the property in controversy exceeds three hundred dollars, also, in all other civil cases not included in the general subdivisions of law and equity ; also, in all questions of law alone ; in all criminal cases in which the offenses charged amount to felony. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus to any part of the State upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Circuit Court in the State, or before any judge of said courts. § 6. The Supreme Court shall appoint a Clerk of the Supreme Court, who shall have his office at the capitol, and shall be librarian of the Supreme Court library. He shall hold his office until his successor is appointed and qualified. 224 Constitution of Florida, 1868. § t. There shall be seven Circuit Judges appointed by the Governor and confirmed by the Senate, who shall hold their office for eight years. The Slate shall be divided into seven Judicial Districts, the limits of which are defined in this Constitution, and one Judge shall be assigned to ea3h Circuit. Such Jadge shall hold two terms of his court in each county within his Circuit, each year, at such times and places as shall be prescribed by law. The Chief Justice may, in his discretion, order a temporary exchange of Circuits by the respective Judges, or any Judge, to hold one or more terms in any other Circuit than that to which he is assigned. The Judge shall reside in the Circuit to which he is assigned. § 8. The Circuit Courts in the several Judicial Circuits shall have voriginal jurisdiction in all cases of equity, also in all cases at law which involve the title or the right of possession to, or the possession of, or the boundaries of, real property ; of the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand or the value of property in controversy exceeds three hundred dollars, and of the action of forcible entry and unlawful detainer, and also in all criminal cases amounting to felony. They shall have final appellate jurisdiction in all civil cases arising in the County Court, in which the amount in controversy is one hundred dollars and upwards, and in all cases of misdemeanor. The Circuit Courts and the Judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper an,d necessary to the complete exercise of their jurisdiction, and also shall have power to issue writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective Circuits. § 9. There shall be a County Court organized in each county. The Grovernor shall appoint a County Judge for each county, who shall be confirmed by the Senate, and such Judge shall hold his office for four years from the date of his commission, or until his successor is ap- pointed and qualified. § 10. The County Court shall be a court of Oyer and Terminer. § 11. The County Court shall have jurisdiction of all misdemeanois and all civil cases, where the amount in controversy does not exceed three hundred dollars ; and its jurisdiction shall be final in all civil cases where the amount in controversy does not "exceed one hundred dollars ; but in no case shall the County Court have jurisdiction whon the title or boundaries of real estate is in controversy, or where the jurisdiction will conflict with that of the several courts of records ; bafrthey may have co-extensive jurisdiction with the Circuit Court in «ases of forcible entry and unlawful detention of real estate, subject to appeal to the Circuit Court. The County Court shall have full Constitution of Fzosida, 1868. 225 suiTogf^te or probate powers, but' subject to appeal. Provision stall be made by law for all other powers, duties and responsibilities of the County Courts %nd Judges. There shall be a regular trial term of the County Courts six times in each year, at such times and places as may be prescribed by law. § 12. Grand and petit jurors shall be, taken from the registered Toters of the respective counties. § 13. In all trials, civil and criminal, in the Circuit and County Courts, the evidence shall be reduced to writing by the Clerk of the Court or his deputy under the control of the Court ; and every wit- ness, after his examination shall have closed, shall be at liberty to correct the evidence he has given, and afterward shall sign the same 5 such evidence shall be filed in the oflBce of the Clerk with the papers in the case. , i § 14. All pleas shall be sworn to either by the parties or their at- torneys. § 15. The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall have criminal jurisdic- tion and civil jurisdiction not to exceed fifty dollars, but this shall not extend to the trial of any person for misdemeanor or crime. The duties of Justices of the Peace shall be fixed by law. Justices of the Peace shall hold their ofiSces during good behavior, subject to removal by the Governor at his own discretion. § 16. The Legislature may establish courts, for municipal purposes only, in incorporated towns and cities. All laws for the organization or government of municipal courts shall be general in their provisions, and be equally applicable to the municipal courts of aU incorporated towns and cities. § 17. Any civil cause may be tried before a practicing attorney as referee, upon the application of the parties, and an order from the court in whose jurisdiction the case may be, authorizing such trial and appointing such referee. Such referee shall keep a complete record of the case, including the evidence taken, and such record shall be filed with the papers in the case in the of&ce of the Clerk, and such cause shall be subject to an appeal in the manner prescribed by law. § IS. Ko other courts than those herein specified Shall be organized in this State. § 19. The Governor, by and with the advice and consent of the Senate, shall appoint a State Attorney in each Judicial Circuit, whose duties shall be prescribed by law. He shall hold his oflSce for four years from the date of his commission, and until his successor shall be appointed and qualified. The Governor, by an^ with the advice 226 Constitution of Florida, 1868. and consent .of the Senate, shall appoint in each county a Sheriff and Clerk of the Circuit Court, who shall also he. Clerk of the County , Court and Board of County Commissioners, Eecorder, and ex oflBcio Auditor of the county, each of vhom shall hold his office for four years. Their duties shall be prescribed by law. § 20. A Constable shall be elected by the registered Toters in each county for every two hundred registered voters; but each county shall be entitled to at least two Constables ; and no county shall have more than twelve Constables. They shall perform such duties and under such instructions as shall be prescribed by law. § 21. Attorneys at law who have been admitted to practice in any court of record in any State of the Union, or to any United States court, shall be admitted to practice in any court of this State, on pro- ducing evidence of having been so admitted. AETICLE VII. ADMINISTBATIVB DEPAETMENT. Section' 1. There shall be a Cabinet of administrative officers, con- sisting of a Secretary of State, Attorney-General, Comptroller, Treas- urer, Surveyor-General, Superintendent of Public Instruction, Adju- tant-General, and Commissioner of Immigration, who shall assist the Governor in the performance of his duties. § 2. The Secretary of State shall keep the records of official acts of the Legislature and Executive Department of the government, and shall, when requu-ed, lay the same and all matters relative thereto be- fore either branch of the Legislature, and shall be the custodian of the Great Seal of the State. § 3. The Aitomey-General shall be the legal adviser of the Gov- ernor and of each of the Cabinet officers, and shall perform such other legal duties as the Governor may direct, or as may be provided bylaw. He shall be Eeporter for the Supreme Court. § 4. The Treasurer shall receive and keep aU funds, bonds or other securities in such manner as may be provided by law, and shall dis- burse no funds, bonds or other securities except upon the order of the Comptroller, countersigned by the Governor, in such manner as shall be prescribed by law. § 5. The duties of the Comptroller shall be prescribed by law. § 6. The Surveyor-General shall have the administrative supervision of all matters pertaining to the public lands, under such regulations as shall be prescribed by law. Constitution of Florida, 1868. 227 § 7. The Superintendent of Public Instruction shall have the ad- ministrative supervision of all matters pertaining to public instruc- tion ; the supervision of buildings devoted to educational purposes, and the libraries belonging to the university and common schools. He shall organize a Historical Bureau for .the purposes of accumulat- ing such matter and information as may be necessary for compiling and perfecting the history of the State. He shall also establish a Cab- inet of minerals and other natural productions. § 8. The Adjutant-General shall, under the orders of the Governor, have the administrative supervision of the Military Department and the State prison, and of the Quarantine of the coast, in such manner as shall be prescribed by law. § 9. The Commissioner of Immigration shall organize a bureau of immigration for th« purposes of furnishing information, and for the encouragement of immigration. The office of Commissioner of Im- migration shall expire at the end of fifteen years from the ratification of this Constitution, but the Legislature shall have the power to con- tinue it by law. § 10. Each officer of the Cabinet shall make a full report of his official acts, of the receipts and expenditures of his office, and of the requirements of the same, to the Governor at the beginnmg of each regular session of the Legislature, or whenever the Governor shall re- ' quire it. Such reports shall be laid before the Legislature by the Gov- ernor, at the beginning of each regular session thereof Either House of the Legislature may, at any time, call upon any Cabinet officer for any information required by it. ARTICLE VIIL BDUCATIO] before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion or insurrection. 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. VI. All acts shall be signed by the President of the Senate and the Speaker of the House of Eepresentatives ; and no bill, ordinance or resolution, intended to have the effect of a law, which shall have been rejected by either House, shall be again proposed during the same session, linder the same or any other title, without the consent of two- thirds of the House by which the same was rejected. ^ VII. Neither House shall adjourn for more than three days, nor to any other place, without the consent of the other ; and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either or both of them. VIII. The oflBcers of the two Houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House, 262 COKSTITUTION OF GEORGIA, 1868. and an assistant for each ; a Journalizing Clerk, two Engrossing and two Enrolling Clerks for each House, and the number shall not be increased except by a Tote of the House. And their pay, as well as the pay and mileage of the members, shall be fixed by law. IX. Whenever the Constitution requires a vote of two-thirds of either or both Houses for the passing of an act or resolution, the yeas and nays^on the passage thereof shall be entered on the journal^ and all votes on confirmations, or refusals to confirm nominations to ofBce by the Governor, shall be by yeas and nays, and the yeas and nays shall be recorded on the journal. X. Every Senator, or Eepresentative, before taking his seat, shall take an oath, or affirmation, to support the Constitution of the United States, and of this State ; that he has not practiced any' unlawful means, directly or indirectly, to procure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which he was elected. § 5. I. The General Assembly shall have power to make all laws and ordinances consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. II. The General Assembly may alter the boundaries of, or lay off and establish new counties, or abolish counties, attaching the territory thereof to contiguous counties ; but no new county shall be estab- lished except by a vote of two-thirds of each House, nor shaU any county be abolished except by a vote of two-thirds of each House, and after the qualified voters of the county shall, at an election held for the purpose, so decide. § 6. I. No money shall be drawn from the treasury except by appro- priation made by law ; and a regular statement and account of the receipt and expenditure of all public inoney shall be published from time to time, and, also, with the laws passed by each session of the General Assembly. II. No vote, resolution, law, or order, shall pass, granting a donation, or gratuity, in favor of any person, except by the concurrence of two- thirds of each branch of the General Assembly, nor, by any vote, to a sectarian corporation, or association. III. No law or section of the code shall be amended or repealed by mere reference to its title, or to the number of the section in the code, but the amending or repealing act shall distinctly and fully describe the law to be amended or repealed, as well as the alteration to be-made ; Constitution of Georgia, 1868. 263 but this clause shall be construed as directory only to the General Assembly. IV. No law shall be passed by which a citizen shall be compelled, against his consent, directly or indirectly, to become a stockholder in, or contribute to, any railroad or work of public improvement, except in the case of the inhabitants of a corporate town or city. In such cases, the General Assembly may permit the corporate authorities to take such stock, or make such contribution, or engage in such work, after a majority of the qualified voters of such town or city, voting at an election held for the purpose, shall have voted in favor of the same ; but not otherwise. V. The General Assembly shall have no power to grant corpora,te powers and privileges to private companies, except to banking, insur- ance, railroad, canal, navigation, mining, express, lumber, manufactu- ring and telegraph companies ; nor to make, or change, election pre- cincts ; nor to establish bridges or ferries ; nor to change names or legitimate children ; but it shall prescribe, by law, the manner in which such powers shall be exercised by the courts. But no charter for any bank shall be granted or extended, and no act passed authorizing the suspension of specie payments by any bank, except by a vote of two- thirds of the General Assembly. The General Assembly shall pass no law making the State a stockholder in any corporate company ; nor shall the credit of the State be granted or loaned to aid any company without a provision that the whole property of the company shall be bound for the security of the State, prior to any other debt or lien, except to laborers ; nor to any company in which there is not already an equal amount invested by private persons ; nor for any other object than a work of public improvement. No provision in this Constitu- tion for a two-thirds vote of both Houses of the General Assembly shall be construed to waive the necessity for the signature of the Gov- ernor, as in any other cases, except in the case of the two-thirds vote required to override the veto. AETICLB IV. EXECUTIVE. Sbctioit 1. I. The Executive power shall be vested in a Governor,' who shall hold his oflBce during the term of four years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary, established by law, which shall not be increased or diminished during the period for which he shall have been elected ; nor shall he receive within that period any other emolument from the United States, or either of them, or from any foreign power. 264 CoNSTirnnoN of Georgia, 1868. II. After the first election, the Goyemor shall he elected quadren- nially, hy the persons qualified to Tote for members of the General Assembly, on the Tuesday after the first Monday in Noyember, until such time be altered by law, which election shall be held at the places of holding general elections in the several counties of this State, in the same manner as is prescribed for the election of members of the General Assembly. The returns for every election of Governor, after the first, shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to his Excellency the Governor, or the person exercising the duties of Governor for the time being, who shall, without opening the said returns, cause the same to be laid before the Senate on the day after the two Houses shall have been organized ; and they shall be transmitted by the Senate to the House of Eepresentatives. The members of each branch of the Gen- eral Assembly shall convene in the Representative hall, and the Presi- dent of the Senate and the Speaker of the House of Eepresentatives shall open and publish the returns in the presence of the General Assembly ; and the person having the majority of the whole number of votes given shall be declared duly elected Governor of this State; but if no person have such majority, then from the two persons having the highest number of votes. Who shaU be in life, and shall not decline an election at the time appointed for the Legislature to elect, the Gen- eral Assembly shall immediately elect a Governor vica voce; and in all cases of election of a Governor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. HI. No person shall be eligible to the oflBce of Governor who shall not have been a citizen of the United States fifteen years, and a citizen of this State six years, and who shall not have attained the age of thirty years. IV. In case of the death, resignation or disability of the Governor, the President of the Senate shall exercise 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 Represent- atives shall exercise the Executive powers of the government until the removal of the disability, or the election and qualification of a Gover- nor. The General Assembly shall have power to provide by law for filling unexpired terms by a special election. V. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or Constitution of Georgia, 1868. 265 affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my abilities, preserve^ protect and defend the Constitution thereof, and the Con- stitution of the United States of America." § 3. I. The GoTernor shall be Commander-in-Chief of the army and navy of this State, and of the militia thereof. II. He shall have power to grant reprieves and pardons, to com- mute penalties, and to remit any part of a sentence for offenses against the State, except in cases of .impeachment. III. He shall issue writs of election to fill all vacancies that happen in the Senate or House of Representatives, and shall have power to convoke the General Assembly on extraordinary occasions, and shall give them, from time to time, information of the state of the Com- monwealth, and recommend to their consideration such measures as he may deem necessary and expedient. IV. When any office shall become vacant by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided 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. V. 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. VI. 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, notwithstanding 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 a law, unless the General Assembly, by their adjournment, shall prevent its return. He may approve any appropriation and disapprove any other appropriation in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House. VII. Every vote, resolution, or order, to which the concurrence of both Houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor^ and before it shall take effect be approved by him, or, being disapproved, shall be re-passed by two-thirds of each House, according to the rules and limitations prescribed in case of a bill. VIII. 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 salary, which shall not be increased or diminished during the period for which they shall have been elected. 34 266 Constitution of GtEqrgia, 1868. The General Assembly may, at any time, consolidate any two of these offices, and require all the duties to be discharged by one officer. IX. The Great Seal of the State shall be deposited in the office of the Secretary of State, and shall not be affixed to any instrument of writing but by order of the GoTcrnor or General Assembly ; and that now in use shall be the Great Seal of the State, until otherwise pro- vided by law. X. The Governor shall have power io appoint his own Secretaries, not exceeding two in" number, unless more shall be authorized by the General Assembly. ARTICLE V. JUDICIARY. Section" 1. I. The judicial powers of this State shall be vested in a Supreme Court, Superior Courts, Courts of Ordinary, Justices of the Peace, commissioned Notaries Public, and such other courts as have been or may be established by law. § 2. I. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum. When a majority of the Judges are disqualified from deciding any case, by interest or otherwise, the Gov- ernor shall designate certain Judges of the Superior Courts to sit in their stead. At the first appointment of Judges of the Supreme Court under this Constitution, one shall be appointed for four years, one for eight years, and one for twelve years ; but all subsequent appointments, except to fill unexpired terms, shall be for the term of twelve years. II. The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors from the Superior Courts and from the City Courts 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 times in each year as shall be prescribed by law, for the trial and determination of writs of error from said Superior and City Courts. The days on which the cases from the several Circuits and City Courts shall be taken up by the court shall be fixed by lafr. III. The Supreme Court shall dispose of eyery case at the first or second term after such writ of error is brought ; and in case the plaint- iff in error shall not be prepared at the first term to prosecute the case, unless prevented by providential cause, it shall be stricken from the docket, and the judgment below shall stand affirmed. In any case the court may, in its discretion, withhold its judgment until the next term after the same is argued. Constitution of Georgia, 1868. 267 IV. When only two Judges sit in any case, and they disagree, the judgment below shall stand affirmed. § 3. I. There shall be a Judge of the Superior Courts for each Judicial Circuit. He may act in other circuits when authorized by law. At the first appointment of such Judges under this Constitution, one-half of the number (as near as may be) shall be appointed for four years, and the other half for eight years; but all subsequent appointments, except to fill unexpired terms, shall be for the term of eight years. II. The Superior Courts shall have exclusive jurisdiction in cases of divorce ; in criminal cases, where the offender is subjected to loss of life or confinement in the penitentiary ; in cases respecting titles to land and equity cases, except as hereinafter provided; but the General Assembly shall have power to merge the common law and equity jurisdiction of said courts. Said courts shall have jurisdiction in all other civil cases, except as hereinafter provided. They shall have appellate jurisdiction in all cases as may be provided by law ; they shall have power to correct errors in inferior judicatories, by writ of certiorari, which shall only issue on the sanction of the judge; and to issue writs o^ mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as shall be conferred on them by law. III. There shall be no appeal from one jury in the Superior Courts to another, but the court may grant new trials on legal grounds. The court shall render judgment without the verdict of a jury in all civil cases founded on contract, where an issuable defense is not filed on oath. rV. The Superior Courts shall sit in each county not less than twice in each year, at such times as have been or may be appointed by law. § 4 I. Until the General Assembly shall otherwise direct, there shall be a District Judge and a District Attorney for each Senatorial District in this State. II. The District Judge shall have jurisdiction to hear and deter- mine all offenses not punishable with death or imprisonment in the penitentiary; and it shall be the duty of the District Attorney to represent the State in all cases before the District Judge. III. The District Judge shall sit at stated times, not less than once in each month in each county in his district, for the trial of offenses, and at such other times as the General Assembly may direct. IV. Offenses shall be tried before the District Judge on a written accusation founded on affidavit; said accusation shall plainly set 268 Constitution of Georgia, 1868. forth the offense charged, and shall contain the nam.e of the accnser, and be signed by the District Attorney. v V. There shall be no jury trial before the District Judge, except when demanded by the accused, in which case the jury shaU consist of seven. VI. Such ciyil jurisdiction may be conferred on the District Judges as the General Assembly may direct, VII. The District Judges and Attcftneys shall hold their offices for a period of four years, and shall receive for their services such stated compensation in their respective districts as may be provided by law, but in no event shall their compensation be in anywise dependent on fines, forfeitures or costs. § 5. I. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decision there may be an appeal to the Superior Court, under regulations prescribed by law. II. The Courts of Ordinary shall have such powers in relation to roads, bpdges, ferries, public buildings, paupers, county officers, county funds, aiid taxes, and other matters, as shall be conferred on thein by law. III. The Ordinary shall hold his office for the term of four years, and until his successor is elected and qualified. § 6. I. There shall be in each district one Justice of the Peace, whose official term, exceipt when elected to fill an unexpired term, shall be four years. II. The Justices of the Peace shall have jurisdiction, except as hereinafter provided, in all civil cases where the principal sum claimed does not exceed one hundred dollars, and may sit at any time for the trial of such cases ; but, in cases where the sum claimed is more than fifty dollars, there may be an appeal to the Superior Court, under such regulations as may be prescribed by law. III. There shall be no appeal to a jury from the decision of a Jus- tice of the Peace, except as provided in the foregoing paragraph. IV. Notaries Public may be appointed and commissioned by the Governor, not to exceed one for each militia district, for a term of four years, and shall be ex officio Justices of the Peace. § 7. I. There shall be an Attorney-General of the State, whose official term, except when appointed to fill an unexpired term, shall be four years. II. It shall be the duty of the Attorney-General to act as the legal adviser of the Executive Department, to represent the State in all civil and criminal cases in the Supreme and Superior Courts when Constitution of GsoROtA, 1868. 269 required by the Governor, and to perform such other services as shall be required of him by law. § 8. I. There shall be a Solicitor-General for each judicial circuit, whose oflBcial term, except when appointed to fill an unexpired term, shall be four years. II. It shall be the duty of the Solicitor-General to represent the State in all cases in the Superior Courts of his circuit, and in all cases taken up from his circuit to the Supreme Court, and to per- form such other services as shall be required of him by law. § 9. I. The Judges of the Supreme and the Superior Courts, the Attorney-General, Solicitors-General, and the District Judges and Attorneys, shall be appointed by the Governor, with the advice and consent of the Senate, and shall be removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon. II. Justices of the Peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in oflBce. § 10. I. The Judges of the Supreme and Superior Courts and the Attorney and Solicitors General shall have, out of the State treasury, adequate and honorable salaries on the specie basis, which shall not be increased or diminished during their continuance in ofBce. The District Judges and District Attorneys shall receive, out of the treasuries of the several counties of their districts, adequate compen- sation, on the specie basis, which shall not be increased or diminished during their term of office ; but said Judges shall not receive any other perquisites or emoluments whatever from parties or others on account of any duty required of them. II. The General Assembly shall provide for the equitable apportion- ment of the compensation of the District Judges and Attorneys be- tween the counties composing their districts, and shall require the moneys arising from fines and forfeitures in the District Courts to be paid into the treasuries thereof. III. No person shall be Judge of the Supreme or Superior Courts, or Attorney-General, unless at the time of his appointment he shall have attained the age of thirty years, and shall have been a citizen of this State three years, and have practiced law for seven years. § 11. I. No total divorce shall be granted except on the concurrent verdicts of two jxiries. When a divorce is granted, the jury rendering the final verdict shall determine the rights and disabilities of the par- ties, subject to the revision of the court. § 12. I. Divorce cases shall be tried in the county where the de- fendant resides, if a resident of this State. 270 Constitution of Georgia, 1868. II. Criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts when the presiding Judge is satisfied that an impartial jury cannot be obtained in such county. III. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is diyided by a county line,, in which case the Superior Court of either county shall have jurisdiction, IV. Equity cases shall be tried in the county where a defendant resides against whom substantial reli^ is prayed. V. Suits against joint obligors, joint promisors, copartners, or joint trespassers, residing in different counties, may be tried in either county. VI. Suits against the maker and indorser of promissory notes or other like instruments, residing in different counties, shall be tried in the county where the maker resides. VII. All other cases shall be tried in the county where the defendant resides. § 13. I. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate. II. The General Assembly shall provide by law for the selection of upright and intelligent persons to serve as jurors. There shall be no distinction between the classes of persons who compose grand and petit juries. Jurors shall receive adequate compensation for their services, to be prescribed by law. § 14 I. The courts heretofore existing in this State styled Inferior Courts are abolished, and their unfinished business, and the duties of " the Justices thereof, are transferred to such tribunals as the General Assembly may designate. § 15. I. The General Assembly shall have power to provide for the creation of County Commissioners in such counties as may require them, and to define their duties. § 16. I. All Courts not specially mentioned by name in the first section of this article maybe abolished in any county, at the discretion of the General Assembly, and the County Courts now existing in Georgia are hereby abolished. § 17.' I. Ifo court or oflBcer shall have, nor shall the General As- I By an act of CongreBB, approved June 25, 1868, entitled "An act to admit the States of Nortt Carolina, South Carolina, Louisiana, Geor^a, Alabama and Florida to representation in Con- gress," it was made a fundamental condition in the case of Georgia (in addition to her ratifying the Fourteenth Article of Amendment to the Constitution of the United States), " that the flrst and third subdivisions of section seventeen of the fifth article of the Constitution of said State, except the proviso to the flrst subdivision, shall be null and void, and that the General Assembly •of said State, by solemn public act, shall declare the assent of the State to the foregoing funda- mental condition. The portions expunged were as follows : " § 1. No court in this State shall have jurisdiction to t^ or determine any suit against any resident of this State upon any contract or agreement made or implied, or upon any contract made in renewal of any debt existing prior to the flrst day of June, 1865 ; nor shall any court or ministerial officer of this State have authority to enforce any judgment, execution or decree ren- dered or issued upon any contract or agreement made or implied, or upon any contract in renewal of a debt existing prior to the flrst day of June, 18fi5, except in the following cases : " 1. In suits against trustees, where the trust property is in the hands of the trnstee, or has been Constitution of_ Quosqia, 1868. 271 sembly have, junsdiction or authority to try or giye judgmeiit on or enforce any debt, the consideration of which was a slave or slaves, or the hire thereof. II. All contracts made and not executed during the late rebellion, with the intention and for the purpose of aiding and encouraging said rebellion, or where it was the purpose and intention of any one of the parties to such contract to aid or encourage said rebellion, and that fact was known to the other party, whether said contract was made by any person or corporation with the State or Confederate States, or by a corporation with a natural person, or between two oi more natural persons, are hereby declared to have been and to be illegal ; and all bonds, deeds, promissory notes, bills, or other evidences of debt, made or executed by the parties to such contract, or either of them, in connection with such illegal contract, or as the consid- eration thereof or in furtherance thereof, are hereby declared null and void, and shall be so held in all courts in this State when attempt shall be made to enforce any such contract or give validity to any such obligation or evidence of debt. And in all cases when the de- fendant or any one interested in the event of the suit will make a plea, supported by his or her affidavit, that he or she has reason to believe that the obligation or evidence of indebtedness upon which the suit is predicated, or some part thereof, has been given or used for the illegal purpose aforesaid, the burden of proof shall be upon the plaintiff to satisfy the court and jury that the bond, deed, note, bill, or other evidence of indebtedness, upon which said suit is brought, is or are not, nor is any part thereof, founded upon, or in any way connected with, any such illegal contract, and has not been used in aid of the rebellion, and the date of such bond, deed, \ Invested by Um in other specific effects now in Iiis hands, and in suits by the vendor of real estate against the vendee, where not more than one-third of the purchase-money has been paid, and the vendee is in possession of the land or specific effects for which he has sold it, and he re- fuses to deliver the land or said effects to' the vendor. In such cases the courts and officers may entertain jurisdiction and enforce judgments against said trust property or land or effects. ' " 2. In suits for the benefit of minors by trustees appointed before the first day of June, 1865. " 3. In suits against corporations in their corporate capacity, but not so as to enforce the debt against the stockholders or olficers thereof in their individual capacity. " 4. In suits by charitable or literary institutions for money loaned, property (other than slaves) Bold, or services rendered by such institutions. " 5. In suits dn debts due for meclianical or manual labor when the suit is by the mechanic or laborer. " 6. In cases where the debt is set up by way of defense, and the debt set up exceeds any debt due by defendant to plaintiff of which the Courts are denied jurisdiction. " 7. In all other cases in which the General Assembly shall, by law, give the said courts and ofj- cerft jurisdiction: i^'OTided, That — " ni. The poll-tax allowed by this Constitution, any educational fund now belonging to this State, except the endowment of any debt due to the State University, or that may hereafter be obtained in any way, a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors (which the General Assembly is hereby authorized to assess), and the proceeds from the commutation for militia service, are hereby set apart and devoted to the support of common schools. And if the provisions herein made shall, at any time, prove insufficient, the General As- sembly shall have power to levy such general tax upon the property of the State as may be neces- sary for the support of said school system. And there shall be es^tablished, as soon as practicable, one or more common schools in each school district in this State." 272 Constitution of Georgia, 1868. note, bill or other evidence of indebtedness shall not be eyidence that it has or has not, since its date, been issued, transferred, or used in aid of the rebellion. III. It shall be in the power of the General Assembly to assess and collect upon all debts, judgments or causes of action when due, founded on any contract made or implied before the first day of June, 1865, in the hands of any one in his own right, or as trustee, agent or attorney of another, on or after the first day of January, 1868, a tax of not exceeding twenty-fiye per cent, to be paid by the creditor, on pain of the forfeiture of the debt, but chargeable by him as to one- half thereof against the debtor, and collectable with the debt : Pro- vided, That this tax shall not be collected if the debt or cause ,of action be abandoned or settled without legal process, or, if in judg- ment, be settled without levy and sale : And provided further, That this tax shall not be leyied so long as the courts of this State sfiall not have jurisdiction of such debts or causes of action. AETICLE VI. EDT7CATI0N'. I. The General Assembly, at its first session after the adoption of this Constitution, shall provide a thorough system of general educa- tion, to be forever free to all children of the State, the expense of which shall be provided for by taxation or otherwise. i IL The office of State School Commissioner is hereby created. He shall be appointed by the Governor with the consent of the Senate, and shall hold his office for the same term as the Governor. The General Assembly shall provide for the said Commissioner a com- petent salary and necessary clerks. He shall keep his office at the seat of government. AETICLE VII. HOMESTEAD AND EXEMPTIOlir. I. Each head of a family, or guardian, or trustee of a family of minor children, shall be entitled to a homestead of realty to the value of $2,000 in specie, and personal property to the value of $1,000 in specie, both to be valued at the time they are set apart. - And no court, or ministerial officer in this State, shall ever have jurisdiction or authority to enforce any judgment, decree or execu- tion against said property so set apart, including such improvements Constitution of Georgia, 1868. 273 as may be made thereon from time to time, except for taxes, money bcMTowed and expended in the improvement of the homestead, or for the purchase-money of the same, and for labor done thereon, or material famished therefor, or removal of incumbrances thereon. And it shall be the duty of the General Assembly, as early as practi- cable, to provide, by law, for the setting apart and valuation of said property, and to enact laws for the full and complete protection and security of the same to the 'sole use and benefit of said families as aforesaid. II. All property of the wife, in her possession at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. ARTICLE VIII. MILITIA. Section" 1. The militia shall consist of all able-bodied male persons between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State ; and shall be organized, ofl&cered, armed, equipped and trained in such manner as may be provided by law, subject to the paramount authority of Congress over this subject. § 3. Volunteer companies of cavalry, infantry or artillery may be formed in such manner, and with such restrictions, as may be pro- vided by law. § 3. No person conscientiously opposed to bearing arms shall be compelled to do militia duty, but such person shall pay an equivalent for exemption ; the amount to be prescribed by law, and appropriated to the common school fund. AETICLB IX. OOUKTT OFFICEBS. I. The county officers recognized as existing by the laws of this State, and not abolished by this Constitution, shall, where not other- wise provided for in this Constitution, be elected by the qualified voters of their respective counties or districts, and shall hold their offices for two years. They shall be removable on conviction for mal- practice in office, or on the address of tworthi^'ds of the Senate. 35 274 Constitution of Georgia, 1868. AKTICLE X. SEAT OF GbVEENMEIfT.'' I. The seat of goTernment of this State, from and after the date of the ratification of this Constitution, shall be in the city of Atlanta, and the General Assembly shall proTide for the erection of a new Capitol, and such other buildings as the public welfare may require, II. The General Assembly shall have power to provide for the temporary removal of the seat of government in case of invasion, pestilence or other emergency. ARTICLE XI. THE LAWS OF GElf BEAL OPEBATIOIT IN EOKCE IK THIS STATE AEE, I. As the supreme law, the Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. II. As next in authority thereto, this Constitution. III. In subordination to the foregoing — all acts passed by any legis- lative body, sitting in this State as such, since the 19th day of January, 1861, including that body of laws known as the code of Georgia, and the acts amendatory thereof, or passed since that time, which said code and acts are embodied in the printed book known as " Irwin's Code ;" and also so much of the common and statute laws of England, and of the statute laws of Georgia, as were in force in this State on the 19th day of December, 1860, as are not superseded by said Code, though not embodied therein, except so much of the said several statutes. Code and laws as may be inconsistent with the supreme law herein recognized, or may have been passed in aid of the late rebellion against the United States, or may be obsolete, or may refer to persons held in slavery, which excepted laws are inoperative and void ; and any future General As- sembly shall be competent to alter or repeal (if not herein prohibited) any portion of the laws declared to be of force in this third specifica^ tion of this clause of this article ; and if in any of said laws herein declared of force the word "Confederate" occurs before the word "States," such law is hereby amended by substituting the word "United" for the word "Confederate." IV. Local and private acts passed for the benMt of counties, cities, towns, corporations, and private persons, not inconsistent with the 1 The seat of government, originally at Savannah, was transferred to Lonlsville, Jefferson county, by Constitntional Convention, May 16, 1795, and to Milledgeville, Baldwin connly, in 1804, although the first session of the Legisjatare was not held there nntil 1807. Constitution of Georgia, 1868. 275 Bupreme law, nor with this Constitution, and which have not expired nor been repealed, shall have the force of statute law, subject to judicial decision as to their validity when passed, and to any limitations im- posed by their own terms. V. All rights, privileges and immunities which may have vested in, or accrued to, any person or persons, or corporation, in his, her, or their own right, or in any fiduciary capacity, under any act of any legislative body sitting in this State as such, or of any decree, judgment, or order of any court, sitting in this State, under the laws then of force and operation therein, and recognized by the people as a court of compe- tent jurisdiction, since the 19th day of January, 1861, shall be held inviolate by all the courts of this State, unless attacked for fraud, or unless otherwise declared invalid by, or according to, this Constitution. VI. The records, dockets, books, papers and proceedings of any court or ofiBce existing in this State by the laws thereof on the 19th of Jan- uary, 1861, or purporting to exist by said laws, and recognized and generally obeyed by the people, as such, since the said time, and before the several courts and oflBcers provided for by this Constitution shall have gone into actual operation, shall be transferred to the several courts and offices of the same name and functions by this Constitution provided for, and shall have force and be executed, perfected, and per- formed therein, and thereby, as follows, and not otherwise, to wit : Final judgments, decrees, proceedings and acts fully executed and performed, or not requiring performance or execution, shall have full force and effect as though no interruption had taken place in the legal succession of said courts and oflBces, except as herein otherwise pro- vided. Proceedings not final, and judgments and decrees not fully executed or performed, shall proceed and be performed in such cases, and such cases only, as this Constitution, or the laws made in pursu- ance thereof, confer jurisdiction and authority over the causes of actions on which said cases, judgments, decrees, or proceedings, civil or criminal, are founded : Provided, That all said judgments, decrees and proceedings shall be subject to be set aside, or reversed, or vacated, by proceedings in the several courts having custody of the records, as though they were the judgments of said courts, and shall be subject always to be explained as to the meaning of the word " dollar" or " dol- lars," as used in the same, and no motion for a new trial, bill of review, or other proceedings, to vacate any judgment, order or decree, made since the 19th of January, 1861, by any of said courts, for fraud, ille- gality, or error of law, shall be denied, by reason of the same not having been moved in time ; provided said motion or application is made in twelve months from the adoption of this Constitution. VII. The books, papers and proceedings of the Inferior Oo^vts shall 276 Constitution of Georgia, 1868. be trausferred to, and remain in, the control of the Ordinaries, who shall perform the duties of said courts until otherwise provided by law. The books, papers and proceedings of the County Courts, and the unfinished business thereof, shall be transferred to the Superior Courts, and the same shall be finished and performed by the said Superior Courts and the officers thereof, in such cases, and in such cases only, as the said courts are, by this Constitution or the laws made in pursuance thereof, granted jurisdiction oyer the subject-matter or debts on which said cases and judgments, civil or criminal, are founded. VIII. The cases pending and the judgments had and made in the City Courts of Savannah and Augusta, and in the various Justices' Courts in this State, shall be finished and the judgments performed by the City Courts, and officers and justices provided by this Consti- tution in such cases, and such only, as by this Constitution jurisdiction is given to said courts and officers over the causes of action on which they are founded. IX. The judgments and proceedings of courts, and acts of officers within their jurisdiction, as provided by law, shaU'be valid, notwith- standing the judges of said courts or the said officers were appointed by the military authorities of the United States, and any of said judg- ments, or acts, or proceedings made or done under, or by virtue of, or in accordance with, the orders of said military authorities, duly made, are as vaUd as if done under a law of this State. X. These several acts of confirmation shall not be construed to divest any vested right, nor to make any act criminal otherwise not criminal, but they shall be construed as acts of peace, and to prevent injustice : Provided, That nothing in this Constitution shall be so construed as to make valid any acts done by, or before, any such de facto officer, which would, by legalizing such acts, render that criminal which was not criminal when done, or cause any act not legally criminal when done, to become criminal by giving validity to such act after it was done ; but all such acts shall be held by the courts to be null and void. XL Should this Constitution be ratified by the people, and Congress accept the same with any qualifications or conditions, the government herein provided for, and the officers elected, shall nevertheless exist and continue in the exercise of their several functions, as the govern- ment of this State, so far as the same may be consistent with the action of the United States in the premises. XII. The ordinances of this Convention on the subject of the first election and the first General Assembly shall have the force of laws, until they expire by their own limitation, and all other ordinances of a mere legislative character shall have the force of laws, until other- wise provided by the General Assembly. Constitution of Ghobqia, 1868. 211 AETIOLE XII. AMENDMElfTS 10 THE OOSTSTITUXION'. I. This Constitution may be amended by a two-thirds vote of two successive Legislatures, and by a submission of the amendment to the qualified voters for final ratification. But the General Assembly shall not call a Convention of the people in the election of delegates to which any person qualified to vote by this Constitution shall be dis- qualified. And the representation in said Convention shall be based on population. Nor shall the right of suffrage ever be taken from any person qualified by this Constitution to vote. J. K. PAEEOTT, President of the Convention. Attest: P. M. Sheiblet, Secretary of the Convention. Jos. Adkins,* A. T. Akerman, Bobert Alexander,* Isaac H. Anderson,* N. Ii. Angler, Gt. W. Ashbum,* D. P. Baldwin,* James C. Barton, Peter B. Bedford,* J. R. Bell,* Madison Bell,t Moses H. Bentley,* John S. Bigby,t Simeon W. Beaird,* Foster Blodgett,* Joseph B. Blount,* Aliired Bowden, John C. Bowden,* W. P. Bowers,* James B. Braoewell,* Aaron A. Bradley, Shadrick Brown,* John E. Bryant,* John Bryson,* J. M. Buchan, B. B. Bullock,* George P. Burnett,t John H. Caldwell,* A. J. Cameron,t T. G. Campbell,* W. C. Carson,* J. C. Casey,* John W. T. Catching,* Peter H. Chambers,* George W. Chatters,* Isaac W. Christian,* H. H. Christian, Malcomb Claibom,* "Walter L. Clifl,* Samuel A. Cobb,* E. S. Cobb, Henry G. Cole, Benjamin Conley,* Martin Cooper,* John T. Costin,* D. G. Cotting,* Wm. T. Crane, S. W. Crawford, Thomas Crayton,* Robert Cramley,* J. Ii. Cutler, Samuel E. Dailey,* Chas. W. Davis,* W. W. Dews,t Jesse Dinkins,* Benjamin Bunnegan,* James Ii. Dunning,* Wm. P. Edwards,* C. A. Ellington,* S. E. Fields, John H. Flynn,* William A. Fort, Albert G. Foster,t Thomas J. Foster,t Thomas Gibson, Thomas Gilbert,* H. H. Glisson, Henry S. Glover, W. L. Goodwin,* Samuel P. Gore,* W. A. Golden,* William Griffin,* William Guilford,* John E. HaU, George Harlan, Asa Ii. Harris, John Harris,* W. H. Harrison,* A. H. Harrison,* John Higden,* E. I. Higbee,* Charles Hooks,* A. W. Holcombe,t C. H. Hopkins,* • Voted for the Constitution. + Voted againat the Constitution. 278 CoiTSTiTUTioN OF Geobgia, 1868. N. p. Hotchkiss * S. T. Houston, W. J. Howe, J. B. Hudson, B. B. Hutchison,* David Irwin, J. A. Jackson,^ Philip Joiner,* Van Jones,* W. F. Jordon,* J. M. Key,* John H. King,! li. J. Knight, James Knox,* B. W. Lane, W. C. Lee,* George Linder,* J. G. Lott,* Eobert Lumpkin,* J. A. Madden,* Posey Maddox,* C. C. Martin, Philip Martin, E. B. Martin,t W. S. Marler,* J. Mathews,* T. G. Maul,* H. K. McCoy,* Wilkey McHan,* Joseph MoWhorter, H. V. M. MiUer,* S. T. W. Minor,* A. J. Moore, Bomulus Moore,* Milton Moore,* John Murphey,* John Neal,* W. H. Noble,* V Daniel Palmer,* J. B. Parrott,* Lewis Pope,* M. A. Potts,* B. P. Powell.* C. H. Prince,* T. M. Bice,* C. 0. Bichardson, Lewis H. Boberts, Bobert Bobertson,* W. H. Bozar,* T. P. Safford,* S. F, Saulter, Isaac Seeley,* Josiah Sherman,* J. M. Shields,* "Wesley Shropshire,* B. D. Shumate,* Benjamin Sikes,* F. M. Smith, W. C. Smith,* M. C. Smith,* F. T. Snead, L. S. Stanford,t Sunon Stanley,* James Stewart,* T. J. Spear,* Alexander Stone,* Henry Strickland,* W. C. Supple,* L. N. TrammeU,t J. W. Tra3rwicK,* H. M. Turner,* James D. Waddell,t George Wallace,* O. H. Walton,* F. O. Welch,* W. H. ;Whitehead,* Bobert Whitehead,* John Whitaker,* B. H. Whitely,* G. G. Wilbur,* Samuel WiUiams,* J. A. Woodey,* F. Wooten, \ Presley Yeates. ILLINOIS. This State is included -within that tract of the public domain which was organ- ized on the 13th of July, 1787, by an ordinance of the Continental Congress, into the "Territory of the United States northwest of the Ohio river." Small set- tlements had been made, under the French dominion of Canada, upon the Mis- sissippi at Kaskaskia and other places, and these settlers were continued in possession of their lands upon the transfer of the country.* On the 7th of May, 1800, it was included in the " Territory of Indiana," and under this organization the beginnings of settlements were made in the southern and western parts. In 1808 petitions were addressed to Congress for tho division of the territory, and on the last day of that year the committee charged with the subject made a report favoring the request. In speaking of the reasons that operated in leading to the conclusions at which they arrived, they said : " The great difiSculty of traveling through an extensive and loathsome wilder- ness, the want of food and other accommodations on the road, often presents an insurmountable barrier to the attendance of witnesses ; and even when their attendance is obtained, the accumulated expense of prosecuting suits where the evidence is at so remote a distance is a cause of much embarrassment to the due and impartial administration of justice, and a proper execution of the laws for the redress of private wrongs." Prom the best information that the committee could obtain, there were at this time about 11,000 inhabitants west of the Wabash, and 17,000 east of that river ; and the population in both sections was in a state of rapid increase. The only objection that could be raised was that of the increased expense which w^ould attend the formation of a new territory ; but the increased value that would ho given to the public lands by the public institutions to be established in each, and the increase of wealth from immigration would, it was believed, far exceed the amount of expenditure which would be occasioned. A bUl was accordingly introduced for the division of the territory, which passed on the 3d of February, 1809, by which that portion of Indiana Territory west of the Wabash river, and of a line drawn due north from the said river at Post Vincennes to the boundary between the United States and Canada, was formed into a separate government as the "-Territory of Illinois," with an organization similar to that formerly applied to the Territory northwest of the Ohio river, and its seat of government at Kaskaskia, on the Mississippi river. Its first form of government, under the Governor and Judges, might be changed to that of a General Assembly whenever satisfactory evidence should be given to the Governor that such was the wish of a majority of the freeholders, not- withstanding there might not be five thousand male inhabitants of twenty-one years and upwards ; but, until their number should equal that amount, the General Assembly was not to be less than seven, nor more than nine, who were to be apportioned among the counties upon the basis of free males of adult age. * According: to a report made to the old Congress, June 20, 1788, there was a French villaj^e of near eighty families near the month of the Easkaskies river, twelve families in a small villagfi at La Praire dn Rochae, and near fifty at the Eahokia village. There were also four or five fami- lies at Port Chartres and St. Philips, ftve miles further up the river. A resolution passed by that Congress, August 29, 1788, gave four hundred acres to the head of each family settled at Post St. Vincennes, and by an act of Congress under the Constitution, approved March 8, 1791, further provision was made for confirming the rights of such French colonists as had preferred to remain and become subjects of the United States. 280 Illinois. Provision was made by an act, approved May 20, 1812, for extending the right of suffrage, upon changing from the first to the second grade. It gave the privilege to each free white male of the age of twenty-one, who might have paid a territorial tax, and who should have resided one year in the Territory, and be an actual resident in the district where he voted. . The Legislature was to consist of a liCgislative Council and a House of Representatives, and the Territory was to be thenceforth entitled to representation by a Delegate in Congress. On the 18th of April, 1818, the inhabitants were authorized to form a State government. Its northern boundary was limited to the line of 42° SC north latitude, the portion north of that line being attached to Michigan Territory. Its boundary on the side of Xjake Michigan was fixed at the middle of the lake ; on the Mississippi andithe Wabash in the middle of the channel, and on the Ohio along its northwestern shore. An election of Delegates was to be held, begin- ning on the first Monday of July, and the Convention thus elected was to meet on the first Monday in August next foUowtng. They were first to determine whether or not it was expedient to form a State government at that time, and if tor it, they might proceed to form one ; or, if they deemed more expedient, the Convention might provide by ordinance, for electing Bepresentatives to form a Constitution : Provided, That the same, whenever founded, shall be republican, and not repugnant to the ordinance of the 13th of July, 1787, . . . excepting so much of said articles as relate to the boundaries of the States therein to be formed: AtuI provided, also. That it shall appear from the enumeration directed to be made by the Legislature of the said Territory, that there are within the proposed State not less than 40,000 inhabitants. The Convention thus authorized assembled at' Easkaskia, the territorial capital, on the appointed day, and on the 26th of August agreed upon a Consti- tution, which was submitted to the people, and, being approved, the State was declared admitted into the Union by a joint resolution of Congress, approved December 3, 1818. An act to provide for the due execution of the laws of the United States within the State of Illinois was passed March 3, 1819. The capital, under the territorial government, had been from the beginning at £asltaskia ; but in 1818 Yandalia was laid out as the State capital, and the seat of government remained there until 1840. It was then removed to Springfield, where it is now established. Under the first Constitution, the Greneral Assembly held biennial sessions. Senators were elected for a term vf four years, one-half at each biennial election, and were not to be less than a third, nor more than a half of the Bepresentativcs in number. The latter were not to be less than twenty-seven, nor more thau thirty-six in numbei-, untU the population exceeded one hundred thousand. Representation in both Houses was to be equalized once in five years, upou a census of white inhabitants. The elections were to be held on the first Monday of August on alternate years, and were to be viva voce untiL changed by law. AH white male inhabitants twenty-one years old and upward, who had resided six months in the State, were allowed to vote in the districts where they resided. A Oovernor and liieutenant-Grovernor were elected for a term of four years. The Governor had the pardoning power after conviction, except In cases of im- peachment; covild fiU. vacancies in office, and, with the approbation of the Senate, could appoint the Secretary of State, and all officers not otherwise pro- vided for by the Constitution. Laws, before their passage, were to be approved by the Governor and the Judges of the Supreme Court, or the major part of them ; but, after being returned with objections, could be passed by a majority of those elected to both Houses. This feature, borrowed from the " Council of Illinois. 281 Revision," in the New York Constitution of 1777, was continued until the revision of 1847-'48. A Treasurer and a Public Printer were chosen biennially by the General Assembly, a Sheriff and Coroner were elected in each county by the people, and minor local officers as the General Assembly might direct. The judicial power of the State was vested in a Supreme Court, to be held at the seat of government, and in such inferior courts as might be established by law. The Supreme Court had appellate jurisdiction only, except in cases relating to the revenue, in cases of mandamus, and in such cases of impeach- ment as might be required to be tried, before it. The Senate 'vjras, however, vested with the power of trying impeachments in the usual form. A Chief Justice, three Associate Justices (and more if their number should be increased after 1824), and Judges of the inferior courts, were to be appointed by a joint ballot of both branches of the General Assembly, and were to hold office during good behavior. In 1824 a new election was to be held, with like tenure. Justices of the Peace were to be appointed as the law might direct, and to be comniissioned by the Governor. Militia officers were elected by their command, were commissioned by the Governor, and held office during good behavior, or tmtil sixty years of age. A proposition was brought forward in 1823 for calling a Convention to revise the State Constitution, and submitted to n, popular vote, with a decision adverse to the measure. A Convention was again called, pursuant to an act passed February 20, 1847, which met at Spring- field June 7th, and adjourned August 31st of that year. They prepared a Con- stitution, which was approved by the people at an election held March 7th, 1848, and it went into operation on the first day of April of that year. Two articles were submitted separately, of which one, prohibiting the immigration of colored persons, was rejected, and the other, providing a two mill tax for the purpose of extinguishing the State debt, was adopted. The Constitution of 1847-48 changed the time of elections to the Tuesday after the first Monday of November, directed elections to be had by ballot, and ex- tended the time required for residence to one year. The Senate was to consist of twenty-five members, and the House of seventy-five, until the population of the State should amount to a million, when five were to be added, and there- after five to every increase of half a million, until it became one hundred. Representation was to be based upon the white population, ascertained by a census taken in 1855, and decennially afterward, and upon the National census at intervals between. Senators were to be chosen by single districts, and not more than three Representatives could be chosen in one district. The veto power was given to the Governor alone, but bills returned by him with objec- tions could still be passed by a majority of the members elected to both Houses. A Secretary of State and an Auditor of Public Accounts were elected by the people, with a term of four years, and a State Treasurer for two years, and until a successor was elected and qualified. The most important changes were made in the judiciary system, which con- sisted of a Supreme Court, Circuit Courts, County Courts, and Justices of the Peace, with such inferior local courts as the General Assembly might establish in cities. The State was to be divided as nearly evenly as possible into three Grand Divisions ; one Judge was to be elected by the voters in each Division for a term of nine years, and after their first classification an election was to be held in one of the Divisions every three years. A session of the Supreme Court was to be held in each Grand Division annually, and the Judge having the oldest commis- sion was to be Chief Justice. 36 282 Illinois. The State was to Ije divided into nine Judicial Districts, in each of which a Judge was to be elected for a term of six years. At least two terms of the Circuit Court were \o be held annually in each county. The number of Judicial Dis- tricts might be increased by law, and Justices and Judges were to be chosen at special elections. A County Judge was to be elected in each county for a term of four years, with such probate and other jurisdiction as might be prescribed by law, where the punishment was by fine only, not exceeding f 100. Justices of the Peace were to be elected in each county with a term of four years. In each Judicial Circuit there was to be elected a State's Attorney, with a term of four years, but the General Assembly might provide for the election of County Attorneys in lieu of State's Attorneys. Clerks of the several courts were elected by the voters of their districts. The terms of militia officers were to be regulated by law. Articles relating to Revenue, Corporations, Commons, and Public Debt were added to the Consti- tution. An act providing for the calling of a Constitutional Convention in Illinois was again passed, January 31, 1861. The election was to be held at the annual No- vember election. The Convention met at Springfield on the appointed day, January 7, 1861, and adjourned March 24, after presenting a form of Constitution to the voters of the State for their approval or rejection. This was submitted at an election held on the Tuesday after the first Monday of June, 1862, at which the whole Constitution, and articles relating to " banks and currency," "negroes and mulattoes" (in three separate sections), and " congressional apportionment," were voted upon, and the whole disapproved. The vote upon the Constitution was : For the new Constitution 126,739 Against 151,264 The vote upon the question of banks and currency was: For prohibiting banks 131,747 Against 133,797 The vote upon the three sections relating to negroes and mulattoes was as follows: ' For excluding them from the State 178,252 Against 73,287 For granting them suffrage, or right of office 37,548 Against '. 211,405 For the enactment of laws to prohibit them from coming into or voting in the State 198,938 Against 44,414 For Congressional apportionment 127,900 Against „ 138,148 These figures include the soldiers' votes, which stood 1,687 for, and 10,151 against, the Constitution ; and 2,160 /or, and 5,178 against, the proposed mode of apportionment. The vote upon the Constitution of 1862 was strictly partisan — the Democratic party favoring, and the Bepublican party opposing, it. An act was passed June 19, 1869, providing for the election of delegates in November, to meet on the second Monday of December, 1869, to revise the State Constitution. iLLmois. 283 The Convention met as appointed, and on the 13th of May, 1870, agreed upon the Constitution given in our text. It was ratified by the people at an election held July 2, 1870, at which each one of the eight questions separately submitted was also approved. The vote was as follows : For the new Constitution 134,227 Against. 35,443 Majority for 98,784 For the sections relating to railroads, in the article entitled "Corporations" 144,750 Against 23,525 Majority for 121,225 For the article entitled "Counties" 136,815 Against , 31,644 Majority for 105,171 For the article entitled "Warehouses" 143,533 Against. 22,702 Majority for 120,831 For a three-fifths vot« to remove county seats 127,077 Against 41,417 Majority for 85,660 For the section relating to the Illinois Central Kailroad 147,032 Against 21,310 Majority for 125,722 For the section relating to minority representation 99,092 Against 70,080 Majority for 29,012 For the section relating to municipal subscriptions to rail- roads or private corporations 134,114 Against 34,061 Majority for 100,053 For the section relating to the canal 142,540 Against 27,017 Majority for 115,523 CONSTITUTION OF ILLINOIS, 1870. SUMMAET. Abtici;eb. I. BoondarleB. n. BUI of Bights, m. Distribntfon of Powers. IV. Legislative Department. V. Ezecative Department, VL Jadicial Department. Vn. Snflftage. Vni. Education. DL Kevenne. X. Coontles. XL Corporations. Xn. Militia. Xni. Warehouses. Xiy. Amendments to the Constitution — sec- tions separately submitted. PREAMBLE. ARTICLE l.—3ounaariea. Description — concurrent jurisdiction on Ohio. ARTICl,^IL—BUlo/Siglits. Sections. 1. All men naturally free and independent — inherent rights. 2. Xot to be deprived of rights bat by law. 3. Beliglous freedom. 4. Freedom of speech and of the press. 5. Eight of trial by jury. 6. Exemption from illegal seizures and searches. 7. Bight of bail— writ of haieaa corpus. 3. Indictments by grand jury — may be abolished by law. 9. Bights of persons accused of crime — wit- nesses — counsel — speedy trial. 10. Witness against one^s self — second trial. 11. Penalties proportioned to offense — cor- ruption of blood — forfeitures of estate. 12. Imprisonment for debt not allowed. 13. Private property, when taken for public use. 14. Me post facio laws forbidden— irrevocable grants. 15. Military to be subordinate to civil power. 16. Quartering of soldiers. 17. Bight of assembling and of petitioning. 18. Elections to be free and equal. 19. Bight of justice. SO. Becurrence to fundamental principles. ABTICLE IIl. — DlstrUnitiimofPmeers. Three distinct departments — not to be exer- cised by same persons. ABTICLE TV.—Legi»lativeJ)epartmmt. 1. Legislative power, how vested. SLZOTIOK. 2. Members of General Assembly, when elected — term. ELIOmiLITT AND OATH. 3. Qnaliflcations of Senator — of Bepresent- ative — offices that disqualify — excep- tions. 4. Disqualiflcations for office. 5. Oath of members of General Assembly, how administered. afpobtionmeht, benatobuii. Sections. 6. Senatorial Districts to be formed — based on Federal census —fifty- three Senators. APPOBTIONMEHT, BEFBE8ENTATIVE. 7. Based upon Federal census — each county to have at least one Bepresentative — districts — increase in 1860 and after- ward. 8. Fractions, how applied. TIME OF KEETINQ AND OENEIiAI. jnjI.ES. 9. Sessions, when to begin — quorum — powers of each House — organization — expul- sion-other punishment — power over persons not members. 10. To sit with open doors — adjournments — journals — yeas and nays — right of entering protest. STTLE OF LAWS AND PASSAGE OF BILLS. 11. Style of laws. 12. Bills may originate in either House — amendments to be passed by yeas and nays — majority must approve. 13. Passage of bills — signature — to embrace but one subject — when to take effect. FRIVXLEaES AND DI8ABIUTIES. 14. Privilege of members. 15. Members not eligible to other offices during term — not to be interested in contracts with State. PUBLIO HONEYS AND APPBOFRIATIOHS. 16. Ho appropriations to be made by private law — money bills to contain no other provisions. 17. Moneys to be drawn from treasury only by law— to be for specific object — state- ment to be publisned. 18. Current expenses of the State to be pro- vided for — not to be increased without a two-thirds vote — casual deficiencies — limit of debts — exceptional cases — special votes — how published. 19. Extra compensation forbidden — suppres- sion of insurrections, etc. 20. State credit not to be loaned or given. PAY OF MEMBERS. 21. Amount to be paid— mileage — incidentals limited — amount to be published. SPEOIAI. 1.EGISLATION PBOUmiTED. 22. Subjects enumerated upon which special legislation is forbidden— general laws to be passed for these. 23. Debts due to State not to be released. UIFEACHMENT. 24. Power, how vested — how tried — conviction — liability to prosecution by law. MISCELLANEOUS. 25. Printing, fuel and other expenses to be let to lowest bidder. 26. State not to be made defendant in any suit. 27. Lotteries and gift enterprises forbidden. 28. Term of offices not to be extended by law. 29. Laws for protection of miners— security of coal mi^es. 286 Constitution of Illinois^ 1870, Sections. 30. EoadB and carfe-wa^B. 31. Eight of conetraction of drains and ditches. 33. Homestead and exemption laws to be passed. 33. Limit of expenditure on new capitol — vote for f ortner snm. AETICLB Y.—Mcecutive Department. 1. Officers of Executive Department — terms — residence. 2. Treasurer — term — security to be given. 3. Time of election of State officers. 4. Betums, bow made — contested electior BLIGIBILXTT. 5. Qualifications of Executive officers — i ot to bold otber offices. OOTEXWOB. 6. Supreme executive power vested in Gov- ernor. 7. Messages — report of accounts — estimates. 8. Special sessions — no otber basiness to be done but tbat for which called. 9. Power to adjourn General Assembly. 10. Appointing power. 11. Appointment to fill vacancies — rejected per- sons not to be appointed. 12. Power to remove officers. 13. Pardoning power. 14. Commander-in-Chief — may call out militia. 15. Liable to impeachment. VETO. 16. Signature of bills — veto power — limited. LIEUTEirAirr-aOVERNOB. 17. When to act as Grovemor. 18- ft-esident of Senate — ^esiAent pro tempore. 19. Case of vacancy in office of Governor and Lieutenant-Governor. OTHER STATE OFFICEBS. 20. Case of vacancy in certain State officers — reports to Governor — penalty of false report. 21. Kepcrts, when made — to give information. THE SEAL 07 STATE. 22. To be kept by Secretary of State. FEES A3n) SAIiABIES. 23. Salaries — fees to be paid into treasury. DEFINITIOK AND OATH OF OFFICE. 24. The term "office" defined — term " employ- ment," or "agency," defined. 25. Civil officers to take an oath — form of oath. ARTICLE Yl.~ Judicial Department 1. Judicial powers, how vested. SUFBEME COtlBT. 2. How composed — jurisdiction — Chief Jus- tice—quorum. 3. Qualifications of a Judge. 4. Terms of Supreme Court — judicial divisions may be changed. 5. Grand Divisions to remain until changed by law — districts described — may be changed. 6. Election of Judges — continuance limited. ■7. Salary of Judges. 8. Appeals — to what courts taken. 9. Reporter — term. 10. Clerks of Supreme Court to be elected — term. APPELLATE COURTS. 11. Maybe formed after 1874— to be provided for by law. Sections. CIBCriT C0TJBT8. 12. Jurisdiction — term of Judges. 13. Judicial circuits to, be formed — new cir- cuits — equalization — limitation. 14. County Courts — election of Judges. 15. Judicial circuits of greater territory allowed. 16. Salaiy- of Circuit Judges — fees not allowed. 17. Qualification of Circuit and other inferior Judges. OOUNTT COTTRTS. 18. Election of County Judges and Clerks — ^districts may be formed — jurisdiction. 19. Appeals and writs of error allowed. FBOBATE COURTS. 20. To be established in each county of over 50,000 inhabitants — election of Judges. JUSTICES OF THE PEACE AND CONSTABLES. 21. Election — jurisdiction to be uniform. state's attornbts. 22. To be elected in each county — term. COURTS OP COOK COUNTY. 23. County to be one circuit — five Judges — present Judges — number may be in- 24. Chief Justice — classification. 25. Salaries of Judges and State's Attorney. 26. Recorder's Court continued — jurisdiction — terms of Criminal Court, 27. Clerk of Recorder's Court — other Clerks — terms. 28. Appointmentof Justices of Peace in Chicago by Governor — term. GENERAL PROVISIONS. 29. Commissions of Judges — laws to be uni- form. 30. Removal of Judges. 31. Judges to report annually any defects in Constitution and laws. 32. Judges to hold until successors qualify — vacancies, how filled. 33. Style of process — term " population " de fined. ARTICLE YH. — Suffrage. 1. Qualification of voters. 2. Votes to be by ballot. 3. Privileges of electors. 4. Residence not lost by absence on business of United States. 5. Soldiers, seamen and marines not to gain right bv being stationed. 6. Kone but electors eligible to office. 7 Right of suffrage to be protected. ARTICLE vm. —EdttcatUm. 1. System of free schools to be provided. 2. School moneys to be faithfully applied. 3. Sectarian use of school funds forbidden. 4. Teachers and school officers not to be inter ested in sale of school books. 5. County Superintendents of schools. ARTICLE JX. — Iievemie. 1. Revenue to be provided — tax in proportion to value of property — licenses — special taxes. 2. Other subjects of taxation allowed. 3. Property exempted from ta:Qition. 4. Tax sales. 5. Redemption of real estate sold for taxes. 6. No county, city or town to be released from taxes. 7. Taxes to be paid into State treasury. 8. Limit of county taxation — vote, when to be taken. Constitution of Illinois, 1870. 287 Sections. 9. Power of local taxation, limited. 10. Taxation for corporate purposes — munici- pal taxation, 11. Defaulters ineligible to office — fees and salaries not to be changed during term. 12. Bestriction upon local and municipal credit — debts to be paid when due. ARTICLE X. Counties. 1. Limit of area of new counties. 2. People to vote upon question of division of counties. 3. Petition for division — parts to be holden for a share of debt. COTJMTT SEATS. 4. Not to be changed without a vote of people — change not to be proposed oftener than once in ten years. OOnSTT GOVERNMENT. 5. General laws to provide for township organi- zation — people to vote on adoption — two townships not to have same names — town meetings. 6. Board of County Commissioners. 7. Commissioners of Cook county. COXTNTT OFFICERS AND THEIR COMPENSATION. 8. County officers enumeiuted — election — term. 9. Pay of county officers ^ fees to be paid into treasury. 10. Powers of County Board — limit of salaries — excess of fees. It. Fees of township offices to be uniform. Z2. Laws fixing fees limited — powers of Gen- eral Assembly as to fees. 13. Keports of fees received. ARTICLE "SI.— Corporatism. 1. Corporations not to be formed under special laws. 2. Certain charters and grants declared void. 3. Laws for election of directors and managers of companies — elections by shares. 4. Street railroads not to be made without local authority. 5. State bank not to be created — elections upon banking laws. 6. Liabilitj^ of bank stockholders. 7. Suspension of specie payment forbidden. 8. Registry and countersigning of bank biUs — deposits — record of stockholders. RAILROADS. 9. Railroads to have a public office in State — records of stockholders — reports. 10. Rolling stock deemed personal property. 11. Consofldation restricted— notice to be given. 12. Railways declared public highways — limit of charges. 13. Issue of stock on bonds, when allowed — increase of capital. 14. Right of eminent domain restricted — trial by jury in claims for compensation. 15. Extortionate charges to be prohibited. ARTICLE Xa.—mMia. 1. Persons composing the militia. 2. To be armed and disciplined. 3. Officers to be commissioned by Governor. 4. Privilege of militia. 5. Preservation of ipilitary records, banners and relics of State. 6. Persons exempted from military duty. Sections. ARTICLE Xin.- • Warehouees. 1. Public warehouses defined. 2. Reports of owners — to be regulated by law — to be posted. 3. Privilege of owners of property stored. 4. Grain to be weighed or measured where shipped— responsibility of carriers. 5. Duty of railroad companies in delivery of grain in bulk, 6. frauds in warehouse receipts guarded against. 7. Inspection of grain— protection of produ- cers, shippers and receivers. ARTICLE XIY.—Ammdimntsto the Constitu- tion. 1. Convention, how called for revising Consti- tution. 2. Amendments, how made by General Assem- bly — how ratified. Sections Separately Sxibmltted. Illinois Central Railroad. Minority Representation. Municipal subscriptions to railroad or pri- vate corporation. Canal— General Assembly not to loan credit for railroads or canals. SCHEDULE. 1. Continuance of laws, rights, actions, prose- cutions, claims and contracts. . 2. Fines, taxes, penalties and forfeitures con- tinued. 3. Recognizances, bonds, obligations, etc., valid. 4. County Courts — in certain counties con- tinued. 5. Courts to continue where not specially men- tioned in Constitution. 6. Officers to hold till end of term. 7. Judicial election to be held — proviso as to Cook county. 8. Election appointed — separate questions to be submitted — rights of electors. 9. Poll Books to be provided— at expense of State. 10. Form of ticket. NEW CONSTirrTION TICKET. Separate questions to be voted upon — how counted. 11. Returns of election, when and how made 12. Case of adoption of the whole — of parts. 13. Apportionment to be fixed- upon census of ISjTO — proviso; 14. Districts to be numbered northwardly — Cook county may form three districts — election of Representatives. 15. Senate first elected*— to hold two years. 16. Apportionment of Senate and House. 17. Governor to issue writs of election, 18 Laws to be published in English language only. 19. Laws for carrying Constitution into eifect. 20. Circuit Clerks in certain counties to be ex Officio Recorders for a term. 21. Compensation of Judges in Cook county, 22. Term of present Judge of Cook county. 23. Two mill tax — to cease in 1870. 24. City of Quincy may be allowed to create a railroad debt — provisos. 25. Case of adoption of Constitution and sepa- rate sections. 26. To take effect immediately, if approved. 288 Constitution of Illinois, 1870. PEEAMBLE. We, the people of the State of Illinois, grateful to Almighty God for the civil, political and religious 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 unimpaired to succeeding generations, in order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the Wessings of liberty to our- selves and our posterity, do ordain and establish this Constitution for the State of Illinois. AETIOLE I. BOUND ABIES. The boundaries and jurisdiction of the State shall be as follows, to wit: beginning at the mouth of the Wabash river, thence up the same, and with the line of Indiana, to the northwest corner of said State ; thence east with the line of the same State^ to the middle of Lake Michigan ; thence north along the middle of said lake, to north latitude forty-two degrees and thirty minutes; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning : Provided, that this State shall exercise such jurisdiction upon the Ohio river, as she is now entitled to, or such as may hereafter be agreed upon by this State and the State of Kentucky. ARTICLE n. BILL OF BIGHTS. Sectiok 1. All men are by nature free and independent, and have certain inherent and inalienable rights ; among these are life, liberty and the pursuit of happiness. To secure these rights and the protec- tion of property, governments are instituted among men, deriving their just powers from the consent of the governed. § 2. No person shall be deprived of life, liberty or property, without due process of law. § 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed ; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or aflBr- Constitution of Illinois, 1870. 289 mations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his con- sent, nor shall any preference be given by-law to any religious denomination or mode of worship. § 4. Every person may freely speak, write and publish, on all subjects, being responsible for the abuse of that liberty ; and in all trials for libel, both civil and criminal, the truth, when published with good motives, and for justifiable ends, shall be a sufficient defense. § 5. The right of trial by jury as heretofore enjoyed shall remain inviolate ; but the trial of civil cases before Justices of the Peace by a jury of less than twelve men may be authorized by law. § 6. The right of the people to be secure in their persons, houses, papers and effects, against uni^easonable searches and seizures, shall not be violated ; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the persons or things to be seized. § 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where 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 it § 8. Ko person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punish- ment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger : Provided, That the grand jury may be abolished by law in all cases. § 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance ' of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. § 10. No person shall be compelled, in any criminal case, to ' give evidence agajinSt himself, or be twice put in jeopardy for the same offense. § 11. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture 37 290 Constitution of Illinois, 1870. of estate ; nor shall any person be transported out of the State for any offense committed within the same. § 12. No 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 pre- sumption of fraud. § 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the own- ers thereof, shall remain in such owners, subject to the use for which it is taken. § 14. Ifo ex post facto law, or law impairing the obligation of con- tracts, or making any irrevocable grant of special privileges or immu- nities, shall be passed. § 15. The military shall be in strict subordination to the civil power. § 16. iNo soldier shall, in time of peace, be quartered m any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. § 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their Eepresentatives, and to apply for redress of grievances. § 18. All elections shall be free and equal. § 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation ; he ought to obtain, by law, right and justice freely and without being obliged to purchase it, completely and without denial, promptly and without delay. § 30. A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. AKTICLE III. DISTEIBUTIOlir OF POWERS. The powers of the Government of this State are divided into three distinct Departments : the Legislative, Executive and Judicial ; and no person, or collection of persons, being one of these Departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. Constitution of Illinois, 1870. 291 AETICLE IV. LEGISLATIVE DEPAETMBITT. Sectioit 1. The LegislatiTe power shall be rested in a General As- sembly, which shall consist of a Senate and House of Kepresentatives, both to be elected by the people. ELECTIOK. § 2. An election for members of the General Assembly shall be held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seyenty, and every two years thereafter, in each county, at such places therein as may be pro- vided by law. When vacancies occur in either House, the Governor, or person exercising the powers of Governor, shall issue writs of elec- tion to fill such vacancies. ELIGIBILITY AXD OATH. § 3. No person shall be a Senator who shall not have attained the age of twenty-five years, or a Eepresentative who shall not have at- tained the age of twenty-one years. No person shall be a Senator or Eepresentative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within the territory form- ing the district from which he is elected. No Judge or Clerk of any Court, Secretary of State, Attorney-General, State's Attorney, Eecor- der, Sheriff, or Collector of Public Eevenue, member of either House of Congress, or person holding any lucrative office under the United States or this State, or any foreign government, shall have a seat in the General Assembly: Provided, That appointments in the militia and the offices of Notary Public and Justice of the Peace shall not be considered lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the govern- ment of the United States (except Postmasters whose annual com- pensation does not exceed the sum of three hundred dollars), hold any office of honor or profit under the authority of this State. § 4. No person who has been, or hereafter shall be, convicted of bribery, perjury, or other infamous crime nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the General Assembly, or to any office of profit or trust in this State. 292 Constitution of Illinois, 1870. % 5. Members of the General Assembly, before tbey enter upon their official duties, shall take and subscribe the following oath or affirma- tion : " I do solemnly swear (or affirm) that I will support the Con- stitution of the United States and the Constitution of the State of Illinois, and will faithfully discharge the duties of Senator (or Eepre- sentative) according to the best of my ability; and that I have not, knowingly or intentionally, paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influ- ence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill, resohition or appropriation, or for any other official act." This oath shall be administered by a Judge of the Supreme or Circuit Court in the Hall of the House to which the member is elected, and the Secretary of State shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed shall forfeit his office, and every member who shall be con- victed of having sworn falsely to, or of violating his said oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State. APPOETIONMENT. SEKATOEIAL. § 6., The General Assembly shaU apportion the State every ten years, ■ beginning with the year one thousand eight hundred and seventy-one, by dividing the population of the State, as ascertained •by the Federal census, by the number fifty-one, and the quotient shall be the ratio of representation in the Senate. The State shall be divided into fifty-one Senatorial Districts, each of which shall elect one Senator, whose term of office shall be four years. The Senators elected in the year of our Lord one thousand eight hundred and seventy-two in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers at the end of four years ; and vacancies occurring by the ex- piration of term shall be filled by the election of Senators for the full term. Senatorial Districts shall be formed of contiguous and com- pact territory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants; but no district shall contain less than four-fifths of the Senatorial ratio. Counties con- taining not less than the ratio and three-fourths, may be divided into Constitution of Illinois, 1870. 293 separate districts, and shall be entitled to two ' Senators, and to one additional Senator for each number of inhabitants equal to the ratio contained by such counties in excess of twice the number of said ratio. EEPRESENTATIVE. [§ 7.' The population of the State, as ascertained by the Federal cen- sus, shall be divided by the number one hundred and fifty-three, and the quotient shall be the ratio of representation in the House of Rep- resentatiyes. Every county or district shall be entitled to one Eepresen- titive, when its population is three-fifths of the ratio ; if any county has less than three-fifths of the ratio it shall be attached to the adjoining county having the least population, to which no other county has for the game reason been attached, and the two shall constitute a separate district. Every county or district having a population not less than the ratio and three-fifths shall be entitled to two Representatives, and for each additional number of inhabitants equal to the ratio, one Repre- sentative. Counties having over two hundred thousand inhabitants may be divided into districts, each entitled to not less than three nor more than five Representatives. After the year one thousand eight hun- dred and eighty, the whole population shall be divided by the number one hundred and fifty-nine, and the quotient shall be the ratio of repre- sentation in the House of Representatives for the ensuing ten years, and six additional Representatives shall be added for every five hun- dred thousand increase of population at each decennial census there- after, and be apportioned in the same manner as above provided. § 8. When a county or district shall have a fraction of population above what shall entitle it to one Representg,tive, or more, according to the provisions of the foregoing section, amounting to one-fifth of the ratio, it shall be entitled to one additional Representative in the fifth term of each decennial period ; when such fraction is two-fifths of the ratio, it shall be entitled to an additional Representative, in the fourth and fifth terms of said periods ; when the fraction is three- fifths of the ratio, it shall be entitled to an additional Representative in the first, second and third terms, respectively ; when the fraction is four-fifths of the ratio, it shall be entitled to an additional Represent- ative in the first, second, third and fourth terms, respectively.] TIME OF MEETING AKD GENERAL RULES. § 9. The sessions of the General Assembly shall commence at twelve o'clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this Constitution. A 1 The question of minority representation having been approved, the section thus entitled, on pages 324 and 325 is declared la the schedule to be substituted for sections 7 and 8. 294 Constitution of Illinois, 1870. majority of the members elected to each House shall constitute a quorum. Each House shall determine the rules of its proceedings, and he the judge of the election, returns and qualifications of its members ; shall choose its own oflScers ; and the Senate shall choose a temporary President to preside when the Lieutenant-Governor shall not attend as President or shall act as Governor. The Secretary of State shall call the House of Eepresentatives to order at the opening of each new Assembly, and preside over it until a temporary presiding ofiBcer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either House, except by a vote of two-thirds of all the members elected to that House, and no member shall be twice expelled for the same offense. Each House may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the House by disorderly or contemptuous behavior in its presence. But no such imprisonment shall extend beyond twenty- four hours, at one time, unless the person shall persist in such dis- orderly or contemptuous behavior. § 10. The doors of each House and of Committees of the Whole shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two Houses shall be sitting. Each House shall keep a journal of its proceedings, which shall be published. In the Senate at the request of two members, and in the House at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either House shall have liberty to dissent from, and protest, in respectful language, against any act or resolution which they think injurious to the.public or to any individual, and have the reasons of their dissent entered upon the journals. STYLE OF LAWS AND PASSAGE OF BILLS. § 11. The style of the laws of this State shall be : " Be it enacted hy the People of- the State of Illinois represented in the General Assembly." § 13. Bills may originate in either House, but may be alteredj amended or rejected by the other ; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House. § 13. Every bill shall be read at large, on three different days, in each House ; and the bill and all amendments thereto shall be printed before the vote is taken on its final passage ; and every bill, having passed both Houses, shall be signed by the Speakers thereof. No Constitution of Illinois, 1870. 295 act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But, if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be Toid only as to so much thereof as shall not be so expressed ; and no law shall be revived or arhended by reference to its title only, but the law revived or the section amended shall be inserted at length in the new act. And no act of the General Assembly shall take effect until the first day of July next after its passage, unless, in case of emergency (which emergency shall be expressed in the preamble or body of the act), the General Assembly shall, by a vote of two-thirds of all the members elected to each House, otherwise direct. PBIVILEGES AND DISABILITIES. § 14. Senators and Eepresentatives 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; and for any speech or debate in either House, they shall not be questioned in any other place. § 15. No person elected to the General Assembly shall receive any civil appointment within this State 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 members for any such ofBce 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 term for which he shall have been elected, or within one year after the expira- tion thereof. PUBLIC HOITEYS AliTD APPEOPKIATIOKS. § 16. The General Assembly shall make no appropriation of money out of the treasury in any private law. Bills making appropriations for the pay of members and officers of the General Assembly, and for the salaries of the officers of the Government, shall contain no pro- vision on any other subject. § 17. Ko money shall be drawn from the treasury except in pursu-, ance of an appropriation made by law, and on the presentation of a warrant issued by the Auditor thereon ; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The Auditor shall, within sixty days after the adjournment of each session of the General Assembly, prepare and publish a full statement of all money expended 296 Constitution of Illinois, 1870. at such session, specifying the amount of each item, and to whom and for what paid. § 18. Each General Assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the Goyemment until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a Tote of two-thirds of the members elected to each House, nor exceed the amount of revenue authorized by law to be raised in such time ; and all appropriations, general or special, re- quiring money to be paid out of the State treasury, from funds belong- ing to the State, shall end with such fiscal quarter : Provided, The State may, to meet casual deficits or failures in revenues, contract debts, never to exceed in the aggregate two hundred and fifty thousand dollars ; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war (for payment of which the faith of the State shall be pledged), shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a ma- jority of the votes cast for members of the General Assembly at such election. The General Assembly shall provide for the publication of said law, for three months, at least, before the vote of the people shall be taken upon the same ; and provisions shall be made at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue ; which law, providing for the payment of such interest by such tax, shall be irre- pealable until such debt be paid : And provided, further, That the law levying the tax shall be submitted to the people with the law authoriz- ing the debt to be contracted. § 19. The General Assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State "under any agreement or contract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void :• Provided, The General Assembly may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion. § 20. The State shall never pay, assume, or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to or in aid of, any public or other corporation, association or individual. Constitution of Illinois, 1870. 297 pat of membbes. § 21. The members of the General Assembly shall receive for their services the sum of five dollars per day, during the first session held under this Constitution, and ten cents for each mile necessarily trav- eled in going to and returning from the seat of government, to be computed by the Auditor of Public Accounts, and thereafter such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever, except the sum of fifty dollars per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites ; but no change shall be made in the com- pensation of members of the General Assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the General Assembly shall be certified by the Speak- ers of their "respective Houses, and entered on the journals, and pub- lished at the close of each session. SPECIAL LEGISLATIOir PKOHIBITED. § 22. The General Assembly shall not pass local or special laws in a'ny of the following enumerated cases, that is to say : for Granting Divorces ; Changing the names of persons or places ; Laying out, opening, altering and working roads or highways; Vacating roads, town plats, streets, alleys, and public grounds; Locating or changing county seats ; Eegulating county and township affairs ; Eegulating the practice in Courts of Justice ; Eegulating the jurisdiction and duties of Justices of the Peace, Po- lice Magistrates and Constables ; Providing for changes of venue in civil and criminal cases; Incorporating cities, towns or villages, or changing or amending the charter of any town, city or village; Providing for the election of members of the Board of Supervisors in townships, incorporated towns or cities ; Summoning and impaneling grand or petit juries ; Providing for the management of common schools; Eegulating the rate of interest on money j The opening and conducting of any election, or designating the place of voting ; The sale or mortgage »of real estate belonging to minors or others under disability;/ The protection of game or fish ; 38 298 CONSTITUTIOJf OF ILLINOIS, 1870. Chartering or licensing ferries or toll bridges ; Eemitting fines, penalties or forfeitures ; Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed ; Changing the law of descent; Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose ; / Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted. § 33. The General Assembly shall have no power to release or ex- tinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to this State, or to any municipal corporation therein. IMPEACHMENT. § M. The House of Representatives shall have the sole power of impeachment ; but a majority of all the members elected must concur 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. When the Governor of the State is tried, the Chief Justice shall preside. Wo person shall be convicted without the concurrence of two-thirds of the Senators elected. But judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. MISCELLANEOUS. § 25. The General Assembly shall provide, by law, that the fuel, stationery, and printing paper furnished for the use of the State, the copying, printing, binding and distributing the laws and journals, and all other TJrinting ordered by the General Assembly, shall be let by contract to the lowest responsible bidder ; but the General Assembly shall fix a maximum price, and no member thereof or other officer of the State shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the Gov- ernor, and if he disapprove the same, there shall be a re-letting of the contract in such manner as shalllie prescribed by law. Constitution of Illinois, 1810. 299 § 26. The State of Illinois shall never be made defendant in any court of law or equity. § 27. The General Assembly shall hare no power to authorize lot- leries or gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State. § 28. N"o law shall be passed which shall operate to extend the term of any public officer after his election or appointment. § 29. It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners, by provid- ing for ventilation, when the same may be required, and the construc- tion of escapement-shafts or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper. § 30. The General Assembly may provide for establishing and open- ing roads and cartways, connected with a public road, for private and public use. § 31. The General Assembly may pass laws permitting the owners or occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others. § 32. The General Assembly shall pass liberal homestead and ex- emption laws. § 33. The General Assembly shall not appropriate out of the State Treasury, or expend on account of the new Capitol grounds, and con- struction, completion and furnishing of the State-house, a sum exceeding, in the aggregate, three and a half millions of dollars, in- clusive of all appropriations heretofore made, without first submitting the proposition for an additional expenditure to the legal voters of the State, at a general election, nor unless a majority of all the votes cast at such election shall be for the proposed additional expenditure. ARTICLE V. EXECUTIVE DEPABTMEITT. Section 1. The Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney-Gen- eral, who shall each, with the exception of the Treasurer, hold his office for the term of four years froin the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant-Governor, reside at the seat of Government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be pre- scribed by law. 300 Constitution of Illinois, 1870. § 3. The Treasurer shall hold his office for the term of two years, and until his successor is elected and qualified, and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reason- able additional security, and in default of so doing his office shall be deemed vacant. ELECTION-. § 3. An election for Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, and Attorney-General, shall be held on the Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and seventy-two, and every four years thereafter ; for Superintendent otPublic Instruction, on the Tuesday next after the first Monday of November, in the year one thousand eight hundred and seventy, and every four years there- after : and for Treasurer, on the day last above mentioned and every two years thereafter, at such places and in such manner as may be prescribed by law. § 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secre- tary of State, directed to " The Speaker of the House of Eepresent- atives," who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the same in the presence of a majority of each House of the General Assembly, who shall, for that purpose, assemble in the hall of the House of Eep- resentatives. The person having the highest number of votes for either of said offices shall be declared duly elected ; but if two or more have an equal, and the highest, number of votes, the General Assembly shall, by joint ballot, choose one of such persons for said office. Con- tested elections for all of said offices shall be determined by both Houses of the General Assembly, by joint ballot, in such manner as may be prescribed by law. ELIGIBILITY. § 5. No person shall be eligible to the office of Governor or Lieuten- ant-Governor who shall not have attained the age of thirty years, and been for five years next preceding his election a citizen of the United States and of this State. Neither the Governor, Lieutenant- Governor, Auditor of Public Accounts, Secretary of State, Superin- tendent of Public Instruction nor Attorney-General shall be eligible to any other office during the period for which he shall have been elected. Constitution of Illinois, 1870. 30X GOVEBKOB. § 6. The supreme Executive power shall be Tested in the GoTernor, who shall take care that the laws be faithfully executed. § 7. The Governor shall, at the commencement of each session, and at the close of his term of ofi&ce, give to the General Assembly infor- mation, by message, of the condition of the State, and shall recom- mend such measures as he shall deem expedient. He shall account to the General Assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, andi at the commencement of each regfilar session, present estimates of the amount of money required to be raised by taxation for all purposes. § 8. The Governor may, on extraordinary occasions, convene the General Assembly by proclamation, stating therein the purpose for which they are convened; and the General Assembly shall enter upon no business except that for which they were called together. § 9. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor may, on the same being certified to him by the House first moving the adjournment, adjourn the General Assembly to such time as he thinks proper, not beyond the first day of the next regular session. § 10. The Governor shall nominate, and, by and with the advice and consent of the Senate (a majority of all the Senators elected con- curring, by yeas and nays), appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for ; and no such officer shall be appointed or elected by the General Assembly. § 11. In case of a vacancy, during a recess of the Senate, in any office which is not elective, the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall nominate some person to fill such office ; and any person so nomi- nated, who is confirmed by the Setiate (a majority of all the Senators elected concurring, by yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate, or be appointed to the same office during the recess of the General Assembly. § 13. The Governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or mal- feasance in ofiBce ; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy. 302 Constitution of Illinois, 1870. § 13. The GoTemor shall have power to grant reprieves, commuta^ tions and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the manner of applying therefor. § 14. The Governor shall be Commander-in-Chief of the military and naval forces of the State (except when they shall be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection and repel invasion. § 15. The Governor and all civil officers of the State shall be liable to impeachment for any misdemeanor in office VETO. § 16. Every bill passed by the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the House in which it shall have originated, which House shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that House, it shaU become a law, notwithstand- ing the objections of the Governor. But in all such cases the vote of each House shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him shall become a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the Secretary of State, within ten days after such adjourn- ment, or become a law. LIEUTE>rANT-GOVEElTOE. § 17. In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant-Governor. § 18. The Lieutenant-Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President pro tempore, to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall hold the office of Governor. Constitution of Illinois, 1870. 303 § 19. If there be no Lieutenant-Governor, or if the Lieutenant-Gov- ernor shall, for any of the causes specified in section seventeen of this article, become incapable of performing the duties of the ofiice, 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 named causes, shall become incapable of perform- ing the duties of Governor, the same shall devolve upon the Speaker of the House of Kepresentatives. OTHER STATE OFFICERS. § 20. If the office of Auditor of Public Accounts, Treasurer, Sec- retary of State, Attorney-General or Superintendent of Public Instruc- tion shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the Executive Department, and of all the public institutions of the State, of all moneys received or disbursed by them, severally, from all sources and for every service performed, and a semi- annual report thereof be made to the Governor, under oath ; and any officer who makes a false report shall be guilty of perjury and pun- ished accordingly. § 21. The officers of the Executive Department, and of all the public institutions of the State, shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such report to the General Assembly, together with the reports of the Judges of the Supreme Court, of defects in the Consti- tution and laws ; and the Governor may at any time require informa- tion in writing, under oath, from the officers of the Executive Depart- ment and all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices. THE SEAL OF STATE. § 22. There shall be a seal of the State, which shall be called the " Great Seal of the State of Illinois," which shall be kept by the Sec- retary of State, and used by him, officially, as directed by law. FEES ASD SALARIES. § 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or di- minished during their official terms, and they shall not, after the 304 Constitution of Illinois, 1870. expiration, of the terms of ihose in office at the adoption of this Con- stitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any services performed by any officer provided for in this article of the Constitution, shall be paid in advance into the State treasury. DEFI2dolably appropriated to the support of common schools, and to no other purpose whatever. § 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been intrusted to the several counties ; and shall make pro- vision by law for the distribution among the several counties of the interest thereof. § 5. If any county shall fail to demand its proportion of such inter- est for common school purposes, the same shall be re-invested for the benefit of such county. § 6. 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. § 7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. § 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction, who shall hold his oflBce for two years, and whose duties and compen- sation shall be prescribed by law. ARTICLE IX. STATE INSTITUTIOH'S. SECTioifr 1. 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 blind, and also for the treatment of the insane. § 2. The General Assembly shall provide houses of refuge for the correction and reformation of juvenile offenders. § 3. 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. ARTICLE X. MKAlirCE. Section 1. The General Assembly shall provide by law for a uni- form and equal rate of assessment and taxation, aijd shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious, or charitable purposes, as may be specially exempted by law. 356 Constitution of Indiana, 1851. § 3. All the reTenues deriTed from the sale of any of the puhlic 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 State, other than bank bonds, shall be annually applied, under the direction of the General Assembly, tojihe payment of the principal of the public debt. § 3. Ko money shall be drawn from the treasury but in pursuance of appropriations made by law. § 4. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the General Assembly. § 5. 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^ sup- press insurrection, or, if hostilities be threatened, provide for the pub- lic defense. § 6. No. county shall subscribe for stock in any incorporated com- pany, 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 puch company; nor shall the General Assembly ever, on behalf of the State, assume the debts of any county, city, town, or township, nor of any corpora- tion whatever. AETIOLB XL COEPORATIOKS. Section 1. The General Assembly shall not have power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution. § 2. No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article. § 3. 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. § 4'. The General Assembly may also charter a bank with branches without collateral security, as required in the preceding section. GONSTITUTioN OF IwaiANA, 1851. 357 § 5. If the General Assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money. § 6. The stockholders in every bank or banking company 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. § 7. All bills or notes issued as money shall be at all times redeem- able 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. § 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors. § 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money. § 10. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organiza- tion, and promptly thereafter to close its business. § 11. The General 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. § 12. 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 cor- poration ; nor shall the State hereafter become a stockholder in any corporation or association. § 13. Corporations, other than banking, shall not be created by spe- cial act, but may be formed under general law. § 14. Dues from corporations, other than banking, shaU be secured by such individual liability of the corporators, or other means, as may be prescribed by law, ARTICLE XII. MILITIA. Sectiok 1. 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 exempted by the laws of the United States or of this State; and shall be organized, officered, armed, equipped and trained, in such manner as may be provided by law. § 2. The Governor shall appoint the Adjutant, Quartermaster and Commissary-Generals. § 3. All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years. 358 Constitution of Indiana, 1851. § 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battalions and com- panies, and fix the rank of all staff oflBcers. § 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law. § 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption, the amount to be pres3Hbed by law. ARTICLE XIII. 1 NBOEOES AND MULATTOBS. Sectioit 1. No negro or mulatto shall come into, or settle in, the State after the adoption of this Constitution. § 3. 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. § 3. All fines which may be collected for a violation of the pro- visions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated 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. § 4. The General Assembly shall pass laws to carry out the pro- visions of this article. ARTICLE XIV. BOUKDAEIES. Section" 1. In order that the boundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded on the east by the meridian line which forms the western boundary of the State of Ohio ; on the south by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river ; on the west by a line drawn along the middle of the Wabash river from its mouth, to a point where a due north line drawn from the town of Vincennes would last touch the north- western shore of said Wabash river ; and thence by a due north line until the same shall intersect an east and west line drawn through a point ten miles north o^ the southern extreme of Lake Michigan ; on the north bv said east and wei»t line until the same shall intersect the 1 Tbis Article was, in the case of Smith, t. Jdqgdy (36 Ind. 299), declared repugnant to the Con- etitntion of the United States. Constitution of Indiana, 1851. 359 first-mentioned meridian line, whicli forms the western boundary of the State of Ohio. § 3. The State of Indiana shall possess jurisdiction and soyereignty co-extensive with the boundaries declared in the preceding section ; and shall have concurrent jurisdiction in civil and criminal cases with the State of Kentucky on the Ohio river, and with the State of Illinois on the Wabash river, so far as said rivers form the common boundary between this State and said States respectively. AETICLB XV. MISCELLAKEOUS. Section 1. All ofi&cers whose appointment is not otherwise pro- vided for in this Constitution shall be chosen in such manner as now is, or may hereafter be, prescribed by law. § 3. 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 the authority making the appointment. But the General Assembly shall not create any office, the tenure of which shall be longer than four years. § 3. 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, shall hold his office for any given term, 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. § 4. Every person elected or appointed to any office under this Con- stitution 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. § 5. There shall be a seal of State kept by the Governor for official purposes, which shall be called the Seal of the State of Indiana. § 6. All commissions shall issue in the name of the State, shall be signed by the Governor, sealed with the State seal, and attested by the Secretary of State. § 7. No county shall be reduced to an area less than four htindred square miles ; nor shall any county under that area be further re- duced. § 8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed. ' § 9. The following grounds, owned by the State in Indianapolis, namely : 'the State House Square, the Governor's Circle, and so much 360 Constitution of Indiana, 1861. of out lot mimbered one hundred and forty-seven as lies north of the arm of the Central Canal, shall not be sold or leased.' § 10. It shall be the duty of the General Assembly to provide for the permanent inclosure and preservation of the Tippecanoe battle- ground.' AETICLE XVI. AMEXDMEZSTTS. Section 1. Any amendment or amendments to this Constitution 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 Assembly to be chosen at the next gen- eral election ; and if, in the General Assembly so next chosen, such proposed 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 shaU become a part of this Constitution. § 2. 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 against 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. SOHEDTJLE. This Constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the Constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the Government, it is hereby ordained as follows: SecJtiok 1. All laws now in force and not inconsistent with this Constitution shall remain in force until they shall expire or be re- pealed. 1 The seat of government was located at Indianapolis, June 7, 1820, and oonflrmed by law Jan- nary 6, 1831. Corydon remained the actual seat of government until January 10, 1826. 2 This battle-ground is a beautifully inclosed white-oak grove, skirted by pralrieB, about seven miles from Lafayette, and near a railroad. It was given to the State of Indiana by the late Gen. John Tipton, for some years a Senator in Congress, who served as an ensign in the batUe. Constitution of Indiana, 1861. 361 § 2. All mdictments, prosecutions, suits, pleas, plaints, and other proceedings pending in any of the courts, shall he prosecuted to final judgment and execution ; and all appeals, writs of error, certiorari, and injunctions, shall he carried on in the seyeral courts in the same manner as is now provided by law. ' § 3. All fines, penalties and forfeitures due or accruing to the State, or to any county therein, shall inure to the State, or to such county, in the manner prescribed by law. All bonds executed to the State, or to any ofl&cer in his oflBcial capacity, shall remain in force, and inure to the use of those concerned. § 4. All acts of incorporation for municipal purposes shall continue in force under this Constitution, until such time as the General As- sembly shall, in its discretion, niodify or repeal the same. § 5. The Governor, at the expiration of the present ofiQcial term, shall continue to act until his successor shall have been sworn into ofiBce. § 6. There shall be a session of the General Assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. § 7. Senators now in office and holding over under the existing Constitution, and such as may be elected at the next general election, and the Eepresentatives then elected, shall continue in of&ce until the first general election under this Constitution. § 8. The first general election under this Constitution shall be held in the year one thousand eight hundred and fifty-two. § 9. The first election for Governor, Lieutenant-Governor, Judges of the Supreme Court and Circuit Courts, Clerk of the Supreme Court, Prosecuting Attorney, Secretary, Auditor, and Treasurer of State, and State Superintendent of Public Instruction, under this Constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two ; and such of said ofiicers as may be in oflSce when this Constitution shall go into effect shall continue in their respective offices until their successors shall have been elected and qualified. ' , § 10. Every person elected by popular vote, and now in any ofifice which is continued by this Constitution, and every person who shall be elected to any such office before the taking effect of this Constitu- tion (except as in this Constitution otherwise provided), shall continue in ofiBce 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 efiect of this Constitution for a longer period than the term of ^uch ofifice in this Constitution prescribed. 8 11. On the taking effect of this Constitution, all officers thereby 46 362 Constitution of Indiana, 1851. continued in oflSce shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this Constitution. § 12. All vacancies that may occur in existing offices prior to the first general election under this Constitution shall be filled in the manner now prescribed by law. § 13. At the time of submitting this Constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the following form : " Exclusion and colonization of negroes and mulattoes," "Aye" or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution, otherwise it shall be void, and form no part thereof.' § 14. 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. § 15. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form of the contiguous terri- tory of said counties a new county, it shall bethe duty of those inter- ested in the organization of such new county to lay off the same by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties at a general election, in such manner as may be pre- scribed by law. And if a majority of all the votes given at said elec- tion shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same out of the territory thus designated. § 16. The General Assembly may alter or amend the charter of C/larksvilie, and make such regulations as may be necessary for carry- ing into effect the objects contemplated in granting the same ; and the' funds belonging to said town shall be applied according to the inten- tion of the grantor. Done in Convention, at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred and fifty-one, and of the independence of the United States the seventy-fifth. GEORGE WHITFIELD CARE, President and Delegate from the County of Lawrence. Attest: WM. A. ENGLISH, Principal Secretary. 1 The vote upon this arlide was 109,976 aye, and 21,060 no. Constitution of Indiana, 1851. 363 Geoege L. Sites, 1 Hebuam G-. Babkwell, >■ Assistant Secretaries. EoBBET M. Evans, ) Charles Alexander, Pike. Hiram Allen, Ca/rroll and Clinton. Samuel I. Anthony, Lake, La Porte and Porter. O. P. Badger, Putnam. C. W. Barbour, Vigo. E. K. Bascom, Adams and Wells. Walter E. Beach, JElkhart. John Beard, Wayne. Othniel Beeson, Wayne. Geo. Berry, Franklin. Horace P. Biddle, Cass, Pulaski ami Sbwa/rd. James B. Blythe, Vanderburgh. James W. Borden, Allen, Adams and Wells. Thomas I. Bourne, Vigo. A. J. Bowers, Ripley.. William Brackery, Rush. M. Gr. Bright, Jefferson. B. P. Brookbank, Union. James R. M. Bryant, Warren. Thos. Butler, Gfreene. John P. Carr, Jackson and Scott. Horace E. Carter, Montgomery. Jacob Page Chapman,. Ma/rion. Thomas Chenoweth, VermiUion. H. W. Clark, Hamilton. O. L. Clark, Tippecanoe. R. A. Clements, Daviess. Joseph Cook, Fovmtain. Albert B. Cole, Samitton, Boone and Tipton, Schuyler Colfax,' St. Joseph. A. B. Conduitt Morgan. Grafton, F. Cookerly, Vigo. James Crawford, Morga/n, D. Crumbacker, Lake and Porter. John Davis, Madison. Samuel Davis Parke. Oliver P. Davis, Pa/rke and Vermillion. James Dick, Knox. D. M. Dobson, Owenand Greene. W. McKee Dunn, Jefferson. John Pratt Dunn, Hancock, Spencer and Perry. Mark A. Dugan, ; Boone. B. B. Edmonston, Dubois. James Elliott, SheVby. Alexander Shore Farrow, Puinnan. Jacob Fisher, CUwke. Jas. B. Foley, Decatur. W. C. Foster, Monroe. 364 CoNaTiTUTioN OF Indiana, 1851. Samuel PrisWe, Perry. James G-arvin Kosciusko. T. Hare Gibson Clarke. Thomas Gootee, Martin. George A. Gordon, Oass and Howard. Jno, A. Graham, Miami, C. C. Graham, Warrick. Milton Gregg, Jefferson. W. R. Haddon, ffuUivam, Olay amd Vigo. Saml. Hall, GHbson. Allen Hamilton, Allen. Jonathan Harbolt, Benton, White, Jasper amd Fulaski, Franklin Hardin, Johnson. Nathan B. Hawkins, Samdolpb, Jay and Blackford. Jefferson Helm, Mush, Melohert Helmer, Lawrence. Thos. A. Hendricks, Shelby. Willis W. Hitt, Knox, B. C. Hogin Grant, WilliamSteel Holman, Dearborn, Alvin P. Hovey, Posey. John B. Howe La Qramge. Wilson Huff, Spencer. John D. Johnson, Dea/rhom. W. R. Johnson, - Orange. Smith Jones, Bartholomew. Danl. Kelso, Ohio and Switzerland. Phineas M. Kent, Floyd. Harrison Kindall,.... Miami and Wabash, Robert C. Kindall, Warren, White, Bemion and Jasper. David Kilgore, Delawan-e. Isaac Kinley, Henry. James Lockhart, Posey and Vamderbwrgh. Ezekiel D. Logan, Washington, Douglass Maguire, Maman. Walter March, Graxit and Delawa/re. Joseph H. Mather, MUchwrt and La Orange. John Mathes, Hwrrison. Edward Ralph May BekaM and Steuben. Beattie McClelland, Randolph. JoelB. McFarland, Tippecanoe. William McLean, Boone. Cornelus I. Miller, Clinton amd Tipton. Hugh Miller, Marshall and FuMon. Smith Miller, Gibson, Pike amd Dubois. Dixon Milligan, Jay and Blackford. Robert H. Milroy, Cwrroll. S. P. Mooney, Jackson. George W. Moore, Owen. Jesse Morgan, Bush, A. F. Morrison, Marion, John L Morrison, Washington. Daniel Mawrer, Henry. Constitution of Indiana, 1851. 365 Elias Murray, Suntinffton, Whitley and Kosciusko. Christian C. Nave, Hendricks. John S. Newman, Wayne. Jno. B. Niles, La Porte. Wm.R. Nofsinger, Parke. Robert Dale Owen, Posey. Abel C. Pepper, Ohio and iSfwitzerUxnd. Samuel Pepper, Cfrawford. John Pettit, Tippecanoe. Hiram Prather, Jennings and Bartholomew. James Bairden, Wayne. J. G. Read, Clarke. Daniel Read Brown ami Monroe. Joseph Ristine, Fountain. James Ritehey, Johnson. Joseph Robinson, Decatur. R. Schoonover, Washington, David A. Shannon, Montgomery. W. P. Sherrod Orainge and Crawford. Geo. Gr. Shoup, Franklin. Stephen Sims, Clinton. -Ross Smiley, Fayette. Henry T. Snook Montgomery. H. S. Smith, Scott. Thomas Smith, Ripley. John L. Spann, Jennings. Wtd^ Steele, Wabash. A. C. Stevenson, Putnam. George Tague, j Hancock. Z. Tannehill Bartholomew. E. D. Taylor La Porte. Wm. W.Thomas, Fayette. Henry P. Thornton, Floyd. Henry G.Todd, Hendricks. Daniel Trembly, Fayette and Union. David Wallaoe, Marion. Thomas D. Walpole, Hancock. Johnson "Watts, Dearborn. A. L. Wheeler Marshall, Fulton and iStark. Spencer Wiley, Franklin. Benjamin WoUe, Sfullivcm. Jacob Wunderlioh, HunUngtonand Whitley. Francis B. Yooum, Clay. John Zenor, Harrison. IOWA. Iowa was included in the Louisiana purchase from France, April 30, 1803, and upon the formation of the Territory of Orleans, March 26, 1804, it remained in that portion designated as the " District of Louisiana," which was then tempo- rarily attached to Indiana Territory. On the 3d of March in the year following, it was formed into a separate provisional government, as the "Territory of Louisiana." On the formation of the " State of Louisiana" in 1812, the name of this territory was changed (June 4) into that of the "Territory of Missouri." On the 6th of March, 1820, the State of Missouri was authorized to be formed, and the remainder of the territory was left without special provisions for its government. The region bounded east by the Mississippi river, south by the State of Mis- souri, and west by the Missouri and White Earth rivers, was attached, June 28, 1834, to Michigan Territory. On the formation of Wisconsin Territory, April 20, 1836, its boundaries included all that portion above described, lying west of the Mississippi. This arrangement was regarded as only temporary ; and on the 19th of December of the same year, a resolution passed the House of Repre- sentatives, directing the Committee on Territories to inquire into the expediency of erecting a new territory out of the southern portion of the then Territory of Wisconsin. This committee, after investigating the subject, reported a reso- lution to that effect, which passed the House December 14, 1837. Memorials and petitions from the people, and from the Wisconsin Territorial Legislature, were , presented for this purpose in both Houses of Congress ; and on the 12th of June, 1838, a bill was approved, which took effect from and after July 3 of that year, for the formation of the Territory of Iowa, to include that part of Wisconsin Territory west of the Mississippi, between the State of Missouri and the north- ern boundary of the United States. The eastern boundary of the Territory was fixed by an act of March 3, 1839, as the middle of the channel of the Mississippi river. On the south, its boundaiy with Missouri was for a time in dispute, and became the subject of many reports and much discussion. It was finally referred to the Supreme Court of the United States for decision. At the January term in 1849, a decision was made, by adopting the old Indian boundary line surveyed by Commissioners in 1816, under a treaty with the Osage tribe. This began on the meridian of the mouth of the Kansas river, one hundred mUes north of that point, and run slightly north of east to the Des Moines river ; and was intermediate between the lines claimed respectively by the two States.^ The court appointed Commissioners to run and mark this line,"" and their report was confirmed December, 1850.'' A bill to enable the people of Iowa to form a State government was reported by the Committee on Territories in the House of Representatives on the 5th of March, 1840, and again April 2, 1844; but in neither case did it lead to the pas- sage of an enabling act by Congress. The population of the Territory had in 1844 reached 81,920, and the Territorial Legislature, believing that they were justly entitled to the right, by virtue of the treaty of cession under which Lou- isiana had been transferred, which stipulated that "the inhabitants of the ceded territory shall be incorporated in the union of the United States, and I Missonri v. Iowa, 7 How. 660. ' S. 0., 10 How. 1. 368 Iowa. admitted as soon as possible, according to the principles of the Federal Constitu- tion, to the enjoyment of all the rights, advantages and immunities of citizens of the United States," proceeded to call a Convention for preparing a Consti- tution. It niet at Iowa City on the 7th of October, and on the 1st of Novem- ber, 1844, agreed upon a Constitution, which proposed to include within the boundaries of the State a more extensive territory than the present. The north-western line was to extend from the mouth of the Big Sioux or Calumet river, to St. Peter's river, where the Watonwan river (according to Nicollet's map) enters the same : thence down the main channel of said river to the Mis- sissippi, including within the proposed limits some of the richest portions of the present State of Minnesota. On the 9th of December, 1844, a memorial of the Convention, and a copy of the proposed Constitution, was received in the Senate, arid on the 12th in thfe House of Representatives. A bill was passed March 3, 1845, consenting to the admission of Iowa as a State, but reducing very materially the bound- aries on the north and west. By this act it was proposed to limit the State on the north by a parallel of latitude passing through the mouth of the Marikato or Blue Earth river, and on the west by the meridian of 17° 30' west from Washington. While this boundary extended about forty-five miles further north than the present limit of the State, it cut off a very large area on the west. The proposition was so distasteful to the people that it was rejected at a popular election which was required to be held under the act, and the project of admission for the time failed. The vote was 7,235 /or, and 7,656 against. On the 4th of August, Congress defined the northern boundary of the State as the line of 43° 30' north latitude, and its western, the Missouri and Big Sioux rivers. A second Constitutional Convention, called by the Territorial Legis- lature, which met at Iowa City May 4th, agreed upon a Constitution May 18, and ad,iourned May 19, 1846. The Constitution adopted by this Convention was sanctioned by the people, at an election held on the 3d of August, by a vote of 9,492 to 9,036. The State was admitted intp the Union by an act of Congress, approved December 8, 1846. Certain propositions that had been made in 1845, relative to grants of land for public purposes, the reservation of salt springs and the application of certain moneys to public improvements, were accepted by an act of the General Assem- bly of the State of Iowa, January 15, 1849. The question of amending this Constitution was agitated several years, a large class of the people being anxious to repeal the restrictions upon banking, and to make certain changes in relation to the election of Judges of the Supreme Court, etc. Finally, on the 24th of January, 1855, the Legislature of Iowa passed an act submitting to the people the question of calling a Convention, which was sanctioned, and an election of delegates was h^ld in November, 1856. The Con- vention met in Iowa city January 19, 1857, and on the 5th of March agreed upon the present Constitution, which was ratified on the 3d of August, 1857, by a vote pf 40,311 to 38,681. It was declared adopted by a proclamation of the Governor, September 3, 1857. The word "white " was stricken out of Articles II, III and VI, where it had been used in defining the qualifications of electors, the basis of representation, and the obligation of militia duty, by an act of the Legislature in 1867 and 1868, voted upon by the people, and ofllcially proclaimed by the Governor. The vote upon this question was 105,384 for striking out, and 81,384 against. As required by Article X, section 3, the question of calling a Convention to revise the Constitution was submitted to the voters at the general election in October, 1870, and the returns showed a majority largely against that measure. CONSTn:UTION OF IOWA, 1857. SUMMARY. Abticleb. I. BillofKiglitB. n. Bight of Sofflrage. m. Of the Distribution of Powers — Legisla- tive Bepartment. rV. Executive Department. Y. Judicial Department. TI. Militia. YH. State Debts. Vin. Corporations. IX. Education and Schools. X. Amendments to the Constitution. XI . Miscellaneous. Xn. Schedule. PEEAMBLB. Boundaries. ab.tici:e I— Biao/SlgrUe. SxcnoHS. 1. Natural equality — inalienable rights. 2. Origin of political power — objectof govern- ment— right to alter its form. 3. No religion to be fixed by law — freedom of rehgious opinion. 4. Religions tests forbidden — right of wit- nesses — parties to suits may he wit- nesses. 6. Duelling to disqualify from holding office. 6. General laws to be uniform in opeiration — exclnsive rights forbidden. 7. Freedom of speech and of the press — pros- ecutions for libel. 8. Exemption from illegal seizures and searches. 9. Bight of trial by jury — less than twelve men may act as Jurors — trials to be ac- cording to law. 10. Eights of persons accused of crime — coun- sel. 11. Trial of minor offenses — indictment for higher crimes. 12. Second trial forbidden— right of hail. 13. Bight of writ of habeas corpus. 14. Military to be subordinate to civil power — standing armies. 15. Quartering of soldiers. 16. Treason defined — how proved. 17. Excessive bail and fines — cruel punish- ments. 18. Private property, when taken for public use. 19. Imprisonment for debt not allowed — militia fines. 20. Bight of assembly and of petition. 21. Attainder — ex post facto laws — contracts. 22. Bights of resident foreigners. 23. Slavery prohibited. 24. Limitation of leases of agricultural lands. 25. Unenumerated rights not impaired. ARTICLE TL.— Bight of S%ffrage. 1. Persons entitled to right of snfilrage. 3. Privilege of electors. Seotioks. 3. Not to perform militia duty on election day. 4. Right not gained or lost by military or naval S6rVlC6 5. Glasses excluded from privilege. 6. Elections to l)e by ballot. AUTICLE m. — Of the Distribution qf Powers. Divided into three Departments — to be kept distinct. LBOISLA.TITE DEPAKTMENT. 1. Power, how vested — Btyle o^f laws. S9. 37. Sessions to be biennial — extra sessions. Election of members — terms of office. Qualifications of Representatives. Senators — term — qualifications. Number of Senators — classes — increase. Powers of each House — contested elections. Quorum — compulsory attendance. Journal — rules — may expel disorderly members. Bi^t of protest— yeas and nays. Privilege of members. Vacancies, how filled. To sit with open doors. Adjournments. Origin and passage of bills. Gtovemor to sign — his right of veto — may be passed by two-thirds vote. Final passage of bills — yeas and nays to be entered. ' Report of receipts and exi)enditures. Impeachments — to be tried by Senate — oaths of Senators — vote on conviction. Officers liable to impeachment — trial of other officers. Senators and Kepresentatives not eligible to other offices. Officers under United States not eligible to General Assembly. Non-accounting holders of public moneys. Payments to be made only by law. Pay of members — mileage — extra sessions. Laws, when to take effect — publication in newspapers. Divorces not to be granted by General As- sembly. Lotteries forbidden. Acts to embrace but one subject — if not stated in title to be void. Local laws on certain subjects forbidden — general laws for these objects. Extra compensation forbidden. Oath of members of General Assembly. Census, when to be taken. Re-apportionment of Senators. Numoer of Senators — Representative Dis- tricts — ratio — no floating district al- lowed. Ratio of representation. Districts not to be divided by ottier counties. Elections by General Assembly to be viva wee. , ARTICLE V7.~ Executive Department. 1. Power, how vested. 2. Election of Governor — term. 47 370 CoNSTiTxrnoN of Iowa, 1857. ■SECTIONS. 3. Lieutenant-Governor — returns of election — how published. 4. Highest vote to elect — case of equal vote. 5. Contested elections. b. Qualifications of Grovemor. 7. Commander-in-Chief. 8. To transact Executive business — may re- quire reports in )vriting, 9. To take care that laws are executed. 10. To fill vacancies in office. 11. May call extra sessions of General Assembly. 12 To communicate by message. 13. May adjourn both Houses in case of their disagreement as to time. 14. I^ot to hold office under United States. 15. Term, when to begin — pay of Lieuteuant- Govemor when acting as Governor. 16. Pardoning power. 17. Vacancy to be filled by Lieutenant-Governor. 18. President of Senate — casting vote. 19. Case of vacancy in both offices — President of Senate to act. 20. Great Seal — kept by the Governor. 21. Grants and commissions to be sealed and signed. 22. Election of Secretary of State, Auditor and Treasurer. ARTICLE Y.—Jitdidal Department. 1. Power, how vested. 3. Supreme Court, how comjiosed. 3. Election of judges — classification — term — not eligible to other offices. 4. Jurisdiction — Court for correction of errors at law. " 5. District Courts — term of judges. 6. Jurisdiction of District Courts. 7. Judges to be conservators of tfie peace. 8. Style of process. 9. Salary of judges. 10. Judicial Districts ■^reorganization. 11. Beginning of term. 12. Attorney-General — term. 13. District Attorneys — term. 14. General Assembly to provide for carrying this article into effect. ARTICLE Yl.—MUitia. 1. Militia, how composed. 2. Exemptions, when allowed. 3. Election of militia officers. ARTICLE Vn. — State Debts. 1. State credit not to be given or loaned — not to assume local or private debts. 2. When debts may be created — limit of amount — payment. 3. Losses to funds — to be replaced. 4. Debts to suppress insurrection or repel in- vasion. 5. Other debts, how and when contracted and paid, fl. Repeal of law creating debts not allowed until debts are paid. 7. I^ws for taxes to state the object. ARTICLE Vm. — Corporations. 1. Corporations not to be formed by special laws. 2. Property to be taxed. 3. State not to become a stockholder. 4. Political or municipal corporations not to Isecome bank stockholders. 5. Banking laws, how passed. 6. State bank may be established. 7. To be founded on an actual specie basis. 8. Conditions of a general banking law. Sections. 9. Liability of bank stockholders. 10. Bill holders to have preference in case of insolvency. 11. Suspension of specie payments not allowed. 12. Hepeal of laws relating to corporations. ARTICLE IX. —Education a{nd Schools. 1st. Educatiobt. 1. To be under Board of Education — how formed. 3. Qualification of members. ai^CHioBen by districts — term — classes. C^Sessions of Board of Education. 5. Limit of sessions — extra sessions. 6. Secretary — journal. 7. Rules and regulations — to be published. 8. To le^slate upon schools ^nd other educa- tional institutions. 9. Governor to be member of Board. 10. Power to levy taxes — expenses. . 11. State University — funds. 12. Education — schools to be kept — failure to incur forfeiture. 13. Pay of members of Board. 14. Quorum — yeas and nays — style of acta. 15. Board may be abolished after 1863. 3d. School Eund astd School Lands. 1. To be under control of General Assembly. 3. University funds, 3. Promotion of intellectual, scientific, moral and agricultural improvements — grants from Congress. 4. 'Funds applicable to schools. 5. School lands — improvement of funds. 6. Financial agents of school funds. 7. Distribution of school moneys. ARTICLE X. —Amendments to the Constitution. 1. How made by General Assembly. 2. To be submitted to separate votes. 3. Question of a Convention to be submitted in 1870. ARTICLE Xl. — Miscettaneous. 1. Jurisdiction of Justices of the Peace. 2. New counties. 3. County and other municipal corporations not to incur debts. 4. Boundaries of State may be enlarged. 5. Official oaths. 6. Election to fill vacancies in office. 7. Location of lands upon tracts actually settled —limit of claims. 8. Seat of government located at Des Moines. ARTICLE Xn. — Sckedvle. 1. Constitution the supreme law. 2. Laws to continue until they expire or are repealed. 3. Continuance of suits and other proceedings. 4. Fines, penalties and forfeitures due. 5. Bonds to remain in force. G. First election — officers to be then elected. 7. First election of State officers. 8. First election of Judges and county officers. 9. First session of General Assembly. 10. Term of Senators first elected. 11. Officers to continue until terms expire— but not beyond term of office. 12. Formation of Judicial Districts. 13. Constitution to be submitted to vote of people — return of election. 14. Questions to be separately submitted. 15. Countv of Mills to be in Sixtk Judicial District. Constitution of Iowa, 1857. 371 . PEEAMBLE. We, the people of the State of Iowa, 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 the State of Iowa, the boundaries whereof shall be as follows : Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river ; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri — as established by the Constitution of that State, adopted June 13, 1830 — crosses the said middle of the main channel of the said Des Moines river ; thence westwardly along the said northern boundary line of the State of Mis- souri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river ; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to NicoUett's map ; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude ; thence east along said parallel of forty-three degrees and thirty min- utes until said parallel intersects the middle of the main channel of the Mississippi river ; thence down the middle of the main phannel of the said Mississippi river to the place of beginning. AETICLB I. BILL OF BIGHTS. Section' 1. All men are, by nature, free and equal, and have certain unalienable rights — among which are those of enjoying and defend- ing life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. § 3. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same whenever the public good may require it. § 3. The General Assembly shall make no law respectirtg an estab- lishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of wprship, or the maintenance of any minister or ministry. 372 Constitution of Iowa, 1857. § 4. No religions test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance 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 disqualified on account of interest, who may be cognizant of any fact material to the case ; and parties to suits may be witnesses, as provided by law. § 5. 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. § 6. 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 immunities, which upon the same terms shall not equally belong to all citizens. § 7. 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 restrain 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 acquitted. § 8. The right of the people to be secure in their persons, house^, papers and effects against unreasonable seizures and searches shall not be violated ; and no warrant shall issue but on probable cause, sup- ported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized. § 9. The right of trial by jury shall remain inviolate ; but the Gen- eral Assembly may authorize trial by a jury of a less number than twelve men in .inferior courts ; but no person shall be deprived of life, liberty, or property, without due process of law. § 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusa- tion against him, and to have a copy of the same when demanded; to be confronted with the witnesses against him, to have compulsory ' process for his own witnesses ; and to have the assistance of counsel. § 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a Justice of the Peace, or Constitution of Iowa, 1867. 373 other officer authorized by la^r, on information under oath, without indictment or the interrention 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 army or navy, or in the militia when in actual service, in time of war or public danger. § 12. N'o person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presump- tion great. § 13. The writ of habeas corpus shall not be suspended or refused when application is made as required by law, unless, in case of rebel- lion or invasion, the public safety may require it. § 14. The military shall be subordinate to , the civil power. "So standing army shall be kept up by the State in the time of peace ; and in time of war no appropriation for a standing army shall be for a longer time than two years. § 15. !N"o soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law. § 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. Ifo person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. § 17. Excessive bail shall not be required ; excessive fines shall not be imposed, and cruel and unusual punishments shall not be in- flicted. § 18. Private property 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 damages 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. § 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud ; and no person shall be imprisoned for a militia fine in time of peace. § 20. The people have the right freely to assemble together to coun- sel for the common good; to make known their opinions to their Eepresentatives, and to petition for a redress of grievances. § 21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. § 22. Foreigners who are, or may hereafter become, residents of this State shall enjoy the same rights in respect to the possession, enjoy- ment and descent of property, as native-bom citizens. 374 Constitution of Iowa, 1857. % 23. There shall be no slavery in this State ; nor shall there be in- voluntary servitude, unless for the punishment of crime. § 24. No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years. § 25. This enumeration of rights shall not be construed to impair or deny others retained by the people. AETICLB II. EIGHT OF SUFFBAQE. Section 1. Every ' male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State. six months next preceding the election, and the county, in which he claims his vote, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. § 2. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. § 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public .danger. § 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State. § 5. No idiot or insane person, or persons convicted of any infamous crime, shall be entitled to the privilege 'of an elector. § 6. All elections by the people shall be by ballot. ARTICLE III. OF THE DISTKIBUTION OF P0TO)ES. SECTioif 1. The powers of the Government of Iowa shall be divided into three separate Departments : The Legislative, the Executive, and the Judicial J and no person charged with the exercise of powers properly belonging to one of these Departments shall exercise any function appertaining to either of the others, except in cases herein- after expressly directed or permitted. LEGISLATIVE DEPAETMEU-T, Section 1. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of 1 The word " white " stricken ont in 1868. Constitution of Iowa, 1857. 375 Eepresentatives ; and the style of eyery law sliall be : " Be it enacted ly the General Assembly of the State of Iowa." § 2. The 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 proclamation. § 3. The members of the House of Eepresentatives 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 Presiden- tial election, when the election shall be on the Tuesday next after the first Monday in November, and their term of oflBce shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified. § 4. No person shall be a member of the House of Eepresentatives who shall not have attained the age of twenty-one years, be a free white male citizen of the United States, and shall have been an in- habitant of this State one year next preceding his election, and at the time of his election shall have had an actual residence of sixty days in the county or district he may have bken chosen to represent. § 5. Senators shall be chosen for the term of four years, at the same time and place as Eepresentatives ; they shall be twenty-five years of age, and possess the qualifications of Eepresentatives as to residence and citizenship. § 6. The number of Senators shall not be less than one-third, nor more than one-half of the Eepresentative 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. § 7. Each House shall choose its own oflacers, and judge of the qualification, election and return of its own members. A contested election shall be determined in such manner as shall be directed by law. § 8. 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. § 9. Each House shall sit upon its own adjournment, keep a journal of its proceedings, and publish the same ; determine its rules of pro- ceedings, punish members for disorderly behavior, and, with the consent of two-thirds, expel a member, but not a second time for the same ofiense ; and shall have all other powers necessary for a branch of the General Assembly of a free and independent State. 376 Constitution of Iowa, 1857. % 10. Eyery member of the General Assembly shall hare the 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 for his dissent entered on the journals ; 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. - § 11. Senators and Eepresentatives, in all cases except treason, felony or breach of the peacei, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. § 12. When vacancies occur in either House, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancies. § 13. The doors of each House shall be open except on such oc- casions as in the opinion of the House may require secrecy. § 14. Neither House shall, without the consent of the other, ad- journ for more than three days, nor to any other place than that in which they may be sitting. § 15. Bills may originate in either House, and may be amended, altered or rejected by the other ; and every bill having passed both Houses shall be signed by the Speaker and President of their respect- ive Houses. § 16. Every bill which shall have passed the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, 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 their journal, and proceed to consider it ; if, after such reconsider- ation, it again pass both Houses by ayes and nays, by a majority of two-thirds of the members of each House, it shall become a law, not- withstanding the Governor's objections. If any bill shall not be returned within three days after it shall have been presented to him {Sunday excepted), the same shall be a law in like manner as if he had signed it, unless the General Assembly, by adjournment, prevent such return. Any bill submitted to the Governor for his approval during the last three days of a session of the General 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. § 17. 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 upou its last reading, and the yeas and nays entered on the journal. § 18. An accurate statement of the receipts and expenditures of the Constitution OF Iowa, 1857. 377 public money shall be attached to and published with the laws at eyery regular session of the General Assembly. § 19. The House of Eepresentatives shall hare the sole power of impeachment, and 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 convicted without the concur- rence of two-thirds of the members present. § 20. The GoTernor, Judges of the Supreme and District Courts, and other State officers, shall be liable to impeachment for any misde- meanor or malfeasance in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust or profit under this State ; but the party con- victed or acquitted shall nevertheless be liable to indictment, trial and punishment according to law. All other civil officers shall be tried for misdemeanors and malfeasance in office, in such manner as the General Assembly may provide. § 21. No Senator or Kepresentative shall, during the time for which he shall have been elected, be appointed to any civil office of .profit under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people. § 22. 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 Postmaster, whose compensation does not exceed one hundred dollars per annum, or Notary Public, shall not be deemed lucrative. § 23. 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 hold any office of trust or profit in this State, until he shall have accounted for and paid into the treasury all sums for which he may be liable. § 24 No money shall be drawn from the treasury but in consequence of appropriations made by law. § 25. Each member of the first General Assembly under this Con- stitution shall receive three dollars per diem while in session ; and the further sum of three dollars for every liwenty miles' travel in going to and returning 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 con- vened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regular session, and none other, 48 378 Constitution of Iowa, 1857. § 36. No law of the General Assembly, passed at a regular 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 importance, they may provide that the same shall take effect by publication in newspapers ia the State. § 37. No divorce shall be granted by the General Assembly. § 38. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. § 39. Every act shall embrace but one subject, and matters 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 expressed in the "title, such act shall be void only as to so much thereof as shall not be expressed in the title. § 30. 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 working roads or highways; For changing the names of persons; For the ,incorporation of cities and towns ; For vacating roads, town plats, streets, alleys, or public squares; For locating or changing county seats ; In all the cases above enumerated, and in all other cases where a gen- eral 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 sub- mitted to the people of the counties affected by the change, at a gen- eral election, it shall be approved by a majority of the votes in each county, cast for or agaiiist it. § 31. 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-exist- ing 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. § 33. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the fol- lowing oath or affirmation : " I do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States, Constitution of Iowa, 1867. 379 and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator (or Eepresentative, as the case may be), according to the best of my ability." And members of the Gen- eral Assembly are hereby empowered to administer to each other the oath or affirmation. § 33. The General Assembly shall, in the years 1859, 1863, 1865> 1867, 1869, and 1875, and erery ten years thereafter, cause an enumera- tion to be made' of all the inhabitants ' of the State. § 34. The number of Senators shall, at the next session followiug each period of making such enumeration, and the next session follow- ing each United States census, be fixed by law, and apportioned among the several counties according to the number of inhabitants ' of each. § 35. The Senate shall not consist of more than fifty members, nor the House of Representatives of more than one hundred; and th,ey shall be apportioned among the several counties and Representative districts of the State according to the number of inhabitants ' in each, upon ratios to be fixed by law. But no Eepresentative 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 containing in addition to the ratio fixed by law one-half of that number or more shall be entitled to one additional Representative. No floating dis- trict shall hereafter be formed. § 36. At its first session under this Constitution, and at every sub- sequent regular session, the General Assembly shall fix the ratio of representation, and also form into Representative districts those conn- ties which wUl not be entitled singly to a Representative. § 37. When a Congressional, Senatorial, or Eepresentative 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, Senatorial, or Represen- tative district. § 38. In all elections by the General Assembly, the members thereof shall vote viva voce ; and the votes shall be entered on the journal. ARTICLE IV. EXECUTIVE DHPAETMEKT. Sectioit 1. The Supreme Executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Iowa. 1 The word " white " before " inhabitants " was stricken out in 1868. 380 Constitution of Iowa, 1867. § 2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his oflce two years from the time of his installation, and until his successor is elected and qualified. § 3. There shall be a Lieutenant-Governor, who shall hold his office two years, and be elected at the same time with the Governor. In voting for Governor and Lieutenant-Governor, the electors shall desig- nate for whom they vote as Governor, and for whom as Lieutenants Governor. The return of every election for Governor and Lieutenant- Governor shall be sealed up and transmitted to the seat of government of the State, directed to the Speaker of the House of Eepresentatives, who shall open and publish them in the presence of both Houses of the General Assembly. § 4. The persons respectively having the highest Jiumber of votes for Governor and Lieutenant-Governor shall be declared duly elected; but in case two or more persons shall have an equal and the highest number of votes for either office, the General Assembly shall, by joint vote, forthwith proceed to elect one of said persons Governor, or Lieutenant-Governor, as the case may be. § 5. Contested elections for Governor, or Lieutenant-Governor, shall be determined by the General Assembly in such manner as may be prescribed by law. § 6. TSo person shall be eligible to the office of Governor, or Lieu- tenant-Governor, who shall not have been a citizen of the United States, and a resident of this State for two years next preceding the election, and attained the age of thirty years at the time of said election. § 7. The Governor shall be Commander-in-Chief of the militia and the army and navy of this State. § 8. He shall transact all executive business with the officers of government, civil and military, and may require information in writing, from the officers of the Executive Department, upon any subject relating to the duties of their respective offices. § 9. He shall take care that the laws are faithfully executed. § 10. 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 commission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people. § 11. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both Houses, when assembled, the purpose for which they shall have been convened. § 12. He shall communicate, by message, to the General Assembly, Constitution of Iowa, 1867. 381 at every regular session, the condition of the State, and recommend such matters as he shall deem expedient. § 13. In case of disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper ; but no such adjournment shall be beyond the time fixed for the regular meeting of the next General Assembly. § 14. No person shall, while holding any office under the authority of the United States or this State, execute the office of Governor, except as hereinafter expressly provided. § 15. The official term of the Governor and Lieutenant-Governor shall commence on the second Monday of January next after their election, and continue for two years, and until their successors are elected and qualified. The Lieutenant-Governor, while acting as Governor, 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. § 16. The Governor shall have power to grant reprieves, commuta- tions and pardons after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct the execu- tion of the sentence, or grant a further reprieve. 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 pardon granted, and the reasons therefor ; and also all persons in whose favor remis- sion of fines and forfeitures shall have been made, and the several amounts remitted. § 17. In case of the death, impeachment, resignation, removal from office or other disability of the Governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant-Gover- nor. § 18. The Lieutenant-Governor shall be President of the Senate, but shall only vote when the Senate is equally divided ; and in case of his absence or impeachment, or when he shall exercise the office of Governor, the Senate shall choose a President pro tempore. § 19. If the Lieutenant-Governor, while acting as Governor, shall be impeached, displaced, resign or die, or otherwise become incapable 382 CoNSTiTimoN of Iowa, 1857. of performing the duties of the ofiace, the President jjro tempore of the Senate shall act as Governor until the vacancy is filled, or the dis- ahility 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 ofiQce of Governor, the same shall devolve upon the Speaker of the' House of Eepresentatives. § 20. There shall be a seal of this State which shall be kept by the Governor, and used by him officially^and shall be called the Great Seal of the State of Iowa. § 21. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the Great Seal of the State, signed by the Governor and countersigned by the Secretary of State. § 23. The Secretary of State, Auditor of State, and Treasurer 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. AETICLE V. JUDICIAL DEPAKTMENT. Sectioit 1. The judicial power shall be vested in a Supreme Court, District Courts, and such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish. § 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold court. § 3. The Judges of the Supreme Court shall be elected by the quali- fied 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 rotation. 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 State during the term for which they shall have been elected. § 4. 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 Constitution of Iowa, 1867. 383 necessary to secure justice to parties, and exercise a supervisory con- trol over all inferior judicial tribunals throughout the State. § 5. 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 District 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. § 6. The District Court shall be a court of law and equity, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and ci'iminal matters arising in their respective districts, in such manner as shall be prescribed by law. § 7. The Judges of the Supreme and District Courts shall be con- servators of the peace throughout tlie same. § 8. The style of all process shall be " The State of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same. § 9. The salary of each Judge of the Supieme Court shall be two thousand dollars per annum; and that of each District Judge sixteen hundred dollars per annum, until the year 1860; after which time they shall severally receive such compensation as the General Assem- bly may by law prescribe; which compensation shall not ble increased or diminished during the term for which they shall have been elected. § 10. The State shall be divided into eleven judicial districts ; and, after the year 1860, the General Assembly may reorganize the judicial districts, and increase or diminish the number of districts, or the number of Judges of the said court, and may increase the number 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 session ; and no reorganization of the districts, or diminution of the Judges, shall have the effect of removing a Judge from office. Such reorganization of the districts, or any change in tl)e 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. § 11. 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. § 12. Tlie 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. § 13. The qualified electors of each Judicial District shall, at the time of election of District Judge, elect a District Attorney, who shall be a resident of the district for which he is elected, and shall hold his 384 Constitution of Iowa, 1857. office for the term of four years, and until his successor shall have been elected and qualified. § 14. It shall be the duty of the General Assembly to provide for the carrying into effect of this article, and to provide for a general sys- tem of practice in all the courts of the State. ARTICLE VI. MILITIA. Section 1. The militia of this State shall be composed of all able- bodied male citizens between the age 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 the General Assembly may provide by law. § 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace ; Provided, That such person or persons shall pay an equivalent for such exemp- tion in the same manner as other citizens. § 3. All commissioned oflBcers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor. ARTICLE VIL STATE DEBTS. Section 1. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corpo- ration ; and the State shall never assume or become responsible for the debts or liabilities of any individual, association or coi-poration. § 2. The State may contract debts to supply casual deficits or fail- ures 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 General Assembly, or at different periods of time, shall never exceed the sum of two hun- dred and fifty thousand dollars ; and the money arising from the crea- tion of such debts shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever. § 3. All losses to the permanent, school, or university fund of this State, which shall have been occasioned by the defalcation, misman- agement or fraud of the agents or oflRcers 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, Constitution or Iowa, 1857. 385 in favor of the respectiTe 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. § 4. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the 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 whatever. § 5. Except the debts hereinbefore specified in this article, no debt shall be hereafter contracted by, or on behalf of this State, unless such debt shall be authorized 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, sufScient 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 from the time of the contracting thereof ; but no such law shall take effect until at a gen- eral election it shall have been submitted to the people, and have received a majority of aU the votes cast for or against it at such elec- tion; 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, throughout the State, for three months preceding the election at which it is submitted to the people. § 6. The Legislature may at any time after the approval of such law by the people, if no debt shall 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 thereof, shall remain in force and be irrepealable, and be annually collected, until the principal and interest are fully paid. § 7. Every law which imposes, continues, or revives a tax, shall dis- tinctly state the tax, and the objectlo which it is applied; and it shall not be sufScient to refer to any other law to fix such tax or object. AETIOLE VIII. COKPOKATIOKS. Section 1. TSo 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. 49 386 Constitution of Iowa, 1867. % 2. The property of all corporations for pecuniary profit now exist- ing, or hereafter created, shall be subject to taxation, the same as that of individuals. § 3. 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. § 4. No political or municipal corporation shall become a stock- holder in any banking corporation, Sirectly or indirectly. § 5. No act of the General Assembly, authorizing or creating cor- porations or associations with banking powers, nor amendments thereto, shall take eflfect, 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 piorided by law, to be held not less than three months after the passage of the act, and shall have been approved by a ihajority of all the electors voting for and against it at suc^i election. § 6. Subject to the provisions of the foregoing section, the General Assembly may also provide for the establishment of a State bank, with branches. § 7. 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. § 8. 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 Treasurer, 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 preceding 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 tb whom. § 9. 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 accruing while he or she remains such stockholder. § 10. In case of the insolvency of any banking institution, the bill holders shall have a preference over its other creditors. Constitution of Iowa, 18B7. 387 § 11. The suspension of specie payments by banking institutions shall neyer be permitted or sanctioned. § 13. Subject to the provisions of this article, the General Assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote of two-thirds of each branch of the General Assembly ; and no exclusive privileges, except as in this article pro- vided, shall ever be granted. AETICLE IX. EDT:CATIO]edient, by the remote situation of the more fertile and populous part of the said IMstrict, and by the inteijacent natural impedi- ments to a convenient and reg^nlar conmiunication therewith. The question was, however, to be decided by a Convention to be elected in May, and to meet at Danville on the 20th of July, 1789. Certain conditions were laid down for their acceptance, and the Convention was to remain in power one year. Among the terms proposed, which proved very nnsatisiactory, was one requiring that the new State should pay a portion of the public and domestic debt of Virginia then existing, and another providing that, in the granting of county lands to Virginia officers and soldiers, that State should retain the power of deciding upon the time for completing these titles. In short, this act, while it was strongly opposed by some, was entirely satisfectory to none. The Convention met July 20, 1789, as appointed, and agreed upon resolutions declaring that the terms ofiered by Virginia had been materially altered to their disadvantage, and that they were injurious and inadmissible. They prepared a memorial asking for such alterations as might make them equal to those for- merly offered and agreed upon. This led to another act, passed on the 18th of December, 1789, in which the objections were removed, and another Convention was ordered to be elected in May, and to meet at Danville on the 26th of Jnly, 1790, to consider and decide Kentucky. 433 upon the question of separation upon certain conditions, which were more favorable than the former ; but which still depended upon an event beyond the control of either. This was, that prior to the date fixed for the termination of the authority of "Virginia, Congress should release that State from all its Federal obligations arising from the said District, as being a part thereof, and that it should agree that the proposed State should inunediately, after such date, be admitted into the Federal TTnion. To the end that no period of anarchy might happen, it was provided that the Conveutiou should have authority to take the necessary measures for the election and meeting of another Convention, at some day prior to the day fixed for the ending of the authority of Virginia, and of its laws over said District, with fuU power to firame and establish' a fundamental Constitution of government for the proposed State, and to declare what laws should be in force therein, until the same should be abrogated or altered by the Legislative authority acting under the Constitution so to be framed and established. The Convention appointed for July, 1790, met ; declared separation expedient ; accepted the proposed terms, and appointed the first day of June, 1792, as the date when the new State was to begin operation. It also prepared an address to the General Assembly of Virginia, and a memorial to the President and Con- gress, and appointed an election of Delegates to the Convention for preparing a Constitution. By an act approved February 4, 1791, Congress declared its consent to the ad- mission of the State — the act to take effect on the day already fixed by the Convention ; although the Constitution of the proposed State was still unwritten and its general terms undecided. The Convention for executing this task was elected in December, 1791, and met at DanviUe on the 2d of AprU, 1792 ; and, on the 19th of that month, ratified, by their adoption an 1 signatures, the first State Constitution, which was soon after published, and went into operation without further ratification by the people. Thus, after four Enabling Acts by the State of Virginia, and ten Conventions elected by the people, the State of Kentucky was allowed to take her place in the Union upon equal terms with the original States. The boundary between Kentucky and Virginia was agreed upon by Commis- sioners in May, 1799, and was confirmed by the former State December 2, 1799, and by the latter January 13, 1800. The boundary with Tennessee was settled by Commissioners of the two States, assembled at Frailkfort, February 2, 1820, and approved by a joint resolution of Congress May 12th of that year. The first Constitution is said to have been drafted by Col. George Nicholas, the first Attorney-Gteneral of the State, a Delegate from Mercer county, and a leading man in the District. In many of its provisions, the instrument difiered from that of the- parent State, whUe in others it resembled that of the United States. Bepresentation was based upon a quadrennial census of the free male inhabit- ants above the age of 21 years. The Gteneral Assembly consisted of a Senate and House of Representatives. The former was to consist at first of eleven members, but afterward of one Senator from each county, elected once in four years by Electors chosen for the purpose, and equal in number to the Represent- atives. They were not divided into classes. The House consisted of not less than 40 nor more than 100 Representatives, elected annually by the people. The Governor was to be chosen once In four years by the Electors for Senators. He had the veto power, subject to reversal by twQ-thirds of both Houses, and, with the concurrence of the Senate, appointed all officers not otherwise specially pro- vided for by the Constitution. His pardoning power was limited only in oases 55 434 Kentttckt.^ of treason and itnpeachiiients. In case of a vacancy, the office of Governor was to be filled by the President of the Senate. The Attorney-General was to hold his office dnring good behavior, and the Secretary daring the Governor's term. Elections were to be by ballot. The privilege of election was enjoyed by all free male citizens of the age of twenty-one years, who had resided two years in the State, and one year in the county in which they offered to vote, next before election. The judicial power of the Commonwealth, both as to matters of law and equity, was vested in one Supreme Court, styled the Court of Appeals, and in such infe- rior courts as the Legislature might from time to time ordain and establish. The Judges held office during good behavior, and might be impeached, or, for causes not sufficient for impeachment, might be removed by the Governor, on the address of two-thirds of each branch of the Legislature. The Supreme Court had original and final jurisdiction in all cases respecting the titles of land under the existing land laws of Virginia, including those then depending in the Su- preme Court of the District of Kentucky, and in all cases concerning contracts for laud prior to the establishing of these titles, with power to hear and deter- mine-in a summary way, and to direct the mode of bringing the same to a hear- ing, so as to enable them to do right and justice to the parties, with as little delay and at as small an expense as the nature of the business would allow. The court was in all cases to oblige the parties to state the material parts of their complaint and defense in writing ; and was directed, on the conclusion of every cause, to state on the records, the whole merits of the case, the questions arising therefrom, the opinions of the court thereupon, and a summary of the reasons in support of these opinions. Judges dissenting from the majority, were also to state their reasons in writing, and on disputed questions of fact, a jury might be impaneled. The Legislature might regulate or take away the original jurisdiction thus <5on- ferred, and this was done in 1795. In aU other cases the Supreme Court had appellate jurisdiction only, with such exceptions as the Legislature might make, and this authority might also vest in the Supreme and inferior courts, snch powers, both in law and equity, as they might judge proper and necessary. Sheriffs and Coroners were elected by the people for terms of three years, but not two successive terms. Field and staff officers of militia were appointed by the Governor, except battalion staff officers, who were appointed by their field officers. Company officers were elected by their companies, and the whole were commissioned during good behavior, and while resident in the bounds of the battalion or company to which appointed. The State Treasurer was appointed annually by joint ballot of both Houses. The Legislature could pass no law for emancipating slaves without the consent of their owners, Unless full payment of value was previously made ; nor could they prevent emigrants from bringing slaves into the State, but might prohibit their importation as merchandise. To fix the seat of government, twenty-one persons were to be chosen by ballot, from which list the Kepresentatives from Mercer and Fayette counties were alternately to strike one, until their number was reduced to five, who, or any three of whom, had power to fix a permanent seat, to receive grants of land, and to lay out a town. The laws of Virginia not locally inapplicable were continued until changed. In 1797, the voters were to decide at an election, whether another Convention should be held, and if the vote &vored that measure (the total number voting for and against being a majority of the whole number voting for Representa- tives), the Legislature was directed the next year, to again submit the question. If with like result, a choice of Delegates was to be made, and a Convention held. Upon the first occasion, the vote stood 5,446 to 440, and unon the second, 8,804 to Kentucky. 435 2,017. The whole number of votes cast for Representatives upon the first elec- tion was 9,814, and upon the latter, 11,8S3. An election was accordingly ordered by an act passed December 18, 1798, and the Convention thus elected, met at ■Frankfort, on the 22d of July, 1799, and closed its labors on the 17th of August of that year, by agreeing upon a Constitution, which took efiect on the 1st of June, 1800. It modified the former, by giving the election of Governor and Sena- tors directly to the people, — introduced Senatorial Districts, and required one- fourth of the Senators to be elected every year. It also created the office of Lieutenant-Governor. Some attempt was made to secure the gradual abolition of slavery, but without effect. Representation was to be equalized In 1803, and once in four years after, upon a census of free males over twenty-one years of age, and Negroes, Mulattoes and Indians were now excluded from voting. The Representatives were not to be less than fifty-eight nor more than one hundred in number. The Senate consisted of twenty-four members, at iirst, and for every three members added to the House of Representatives, one member was to be added to the Senate. Sheriffs were appointed by th,e Governor, from nominations of the County Court, for two years. The Court of Appeals had appellate jurisdic- tion only, and the jurisdiction of the Courts was generally left to be fixed by law. The second (^onstitntion remained the organic law of Kentucky nearly half a century, without amendment. The only mode of change provided, was by a Convention, approved by the popular vote upon two successive years, at which elections a majority of all the voters of the State must vote upon the question of a Convention. A general desire for change, more especially with regard to the Judiciary system, led to a call for a Convention, and elections were held in 1847 and 1848, with the follow- ing result : 1847. Total number ofvoters in State, 136,945 Vote for a Convention, 92,639 1848. Totalnumber of voters in State, 139,922 Vote for a Convention, '. 101,828 An act calling a Convention was passed on the 13th of January, 1849. It met on the 1st of October, 1849, and adjourned on the 11th of June, 1850, after agreeing upon the present Constitution, which was approved by a vote of 71,563 to 20,302. In 1865, a biU was introduced, declaring, in the preamble, that: " Whereas it is represented to the present General Assembly, that many of the good citizens of this Commonwealth do verily believe that experience has pointed out the neces- sity of calling a Convention, with the view of revising and amending the Con- stitution of this State," it accordingly proposed that the question of a Conven- tion should be submitted at the next general election. Thjs biU was lost in the Senate on the 15th of December, 1865, by the casting vote of the Lieutenant- Governor, CONSTITUTION OF KENTUCKY, 1850. SUMMARY. preamble. Articles. I. Concerning tlie Distribution of the pow- ers of Government. n. Concerning the Legislative Department, ni. Concerning the Executive Department. IV. Concerning the Judicial Department. Concerning the Court of Appeals. Concerning the Circuit Courts. Concerning the County Courts. V. Concerning finpeachments. "Vi. ConcerningExecutlveandMinisterial offl cers for counties and districts. Vn. Concerning the Militia. Vin. General Provisions rX. Concerning the seat of Government. X Concerning Slaves. XI. Concerning Education. Xn . Mode of revising the Constitutiou. Xm. Bill of Rights. Schedule. PREAMBLE. ARTICLE L — Concerning the Distribution of Powers qf Government. SEOTioys. 1. Three distinct Departments. 2. Persons belonging to one not to exercise the powers of another. ARTICLE n.— Concerning the Legislative Z)6- Legislative power, how vested. Term of RepreBentativeB. Elections biennial— when held. Qualifications of Representatives. Counties to be divided into election pre- cincts — when cities and towns to be allowed separate representation — when to more than one — wards or other mu- nicipal divisions not to be divided. Representation, how apportioned. Officers of the House. Qualifications of voters. Privilege of voters. Term of Senators. Senators and Rej)resentative8 to be elected at first election. Classification of Senators. Number in each House. Senatorial districts — re-apportionment. Senators to be elected by single districts. Qualification of Senators. Election to be biennial at time for choosing Representatives. Time of Meeting of General Assembly. Quorum — Power to compel attendance of absent members. Each House to judge of Its own elections — contested elections. Rules— punishment or expulsion of members Journals to be published weekly — yea^ and nays. Adjournment limited. Sbctioks. 24. Pay of members — mileage — not to be in- creased or diminished during term — limit of sessions. 25. Privilege of members — freedom of debate. 26. Members not to he elected to other offices. 27. Clergymen not to hold office — officers undei United States not eligible. 28. Non-accounting collectors, etc., not eligible to office. 29. Passage of bills^ 30. Bills for revenue to originate in House ~ - may be amended in Senate. 31. Election to fill vacancies in either House. 33. Legislature not to grant divorces — nor change names of persons — nor direct sale of certain estates — general laws to be passed for these. 33. Credit of Commonwealth not to be given or loaned in aid of corporations. 34. Resources of sinking fund not to be reduced — interest on public debts. 85. Objects for which debts are allowed — limit — case of invasion or insun*ection. 36. Other debts forbidden— provision for pay- ment. 37. Laws to relate to but one subject — to be expressed in title. 38. Change of venue by general laws. 39. Laws authorizing wnts of error in criminal or penal cases — challenge of Jurors. 40. Vote upon creation of debts over a certain sum. ARTICLE m. — Concerning the Executive De- partment. 1. Supreme Executive power, how vested. 2. Term of Governor— election — case of equal vote, 3. Not eligible for next term. 4. Qualifications of Governor. 5. Beginning of term — to continue until suc- cessor is qualified — oath. 6. Officers and persons not eligible. 7. Salary. 8. Commauder-in-Chlef — when personally to command. 9. Power to fill vacancies in office. 10. Pardoning power. 11. May require informatipn from officers. 13. To communicate by message. 13. May convene Legislature In certain cases — when at places other than capital — may adjourn it in certain cases. 14. To take care that the laws are executed. 15. Election of Lieutenant-Governor. 16. Speaker of Senate — casting vote. 17. Case when he shall act as Governor. 18. Speaker of Senate pro tempore — case of ' vacancy in office of Governor and Lieu- tenant-Governor. 19. Pay of person acting as Governor. 30. Duty of Secretary of State in certain case. 21. Appointment of Secretary of State — his powers. 22. Veto power. 23. Votes of concurrence to he signed by Gover nor. 438 Constitution of Kentucky, 1850. Sections. 34. Contested elections torSoremor, etc. 25. Election of Treagnrer— Auditor — Eegister of Land Office — Attorney-General — pro- tIso as to inferior State officers. S6. Itat election appointed. ARTICLE IT. — Concerning the Judicial De- 1. Jadicial powers, how vested. Concerning the Court qf Appeab. 2. Jurisdiction of Court of Appeals. 3. Term of Judges — removal— salary. 4. How composed — Judicial Bistricts — vacan- cies — case of change in number of Judges. 5. Judges Conservators of the Peace— style of process. 6. Terms of Judges first elected — classiflca. tion. 7. Election to fill vacancies — appointment if less than one year. 8. Qualifications of a Judge. 9. Sessions, where held. 10. First election of Judges and Clerks — subse- quent elections. 11. Clerlt of Court of Appeals — term — District Clerks — case of reduction in number of Judges. 12. Qualifications of Clerk of Court of Appeals. 13. Vacancy in office of Clerk of Court of Ap- peals. 14. Returns of elections of Judges and Clerks of Court of Appeals. 16. Additional Judge or Judges. Concerning the Circuit Courts. 16. A Circuit Court in each county. 17. Jurisdiction of Circuit Courts. 18. Appeals to Court of Appeals. 19. Twelve Judicial Districts to be formed. 20. A Judge to be elected in each — term. 21. Persons allowed to vote for Judges. 22. Qualification of Judges of Circuit Courts. 2.3. Term of Judges — removal. 24. An additional District may be formed every four years — limited. 25. Pay of Judges of Circuit Courts. 26. Vacancy in office of Judges of Circuit Courts. ^ 27. Change of Judicial Districts. 28. Holding of courts in cases where the Judge cannot attend or preside. Concerning County Courts. 29. To be established in each county— how composed — office of Associate Judges may be abolished. 30. Election of Judges of County Court — term — pay. 31. Mrst election — term — subsequent elec- tions. 32. Persons eligible to office of Presiding Judge. 33. Jurisdiction of County Court. 34. Counties to be laid off into Districts— a Justice of the Peace to be elected in each — term — qualifications. 35. Conservators of the Peace — offices to be vacated on removal from District — returns of elections — contested elec- tions ^vacancies in office. 36. Judicial officers liable to indictment^ offices to be vacant upon conviction. 87. Justices of the Peace may be empowered to ' sit at the Court of Claims, and assist in laying the countj levy. 88. Cities or towns with separate represen- tation to have sepanate courts, etc. 39. Kemoval of clerks of courts. 40. Louisville Court of Chancery — special pro- visions. Sections. 41. City Court of Louisville — Lexington City Court — other police courts — officers of these courts — judicial powers may be vested in Mayors, Police Judges and Trustees of towns. AETICLE V. — Concerning Impeachnunts. 1. House to have sole power of impeachment. 2. Senate to try — oath — conviction. 3. Officers liable to impeachment — limit of judgment- liabiUty to further trial. ABTKjLE Yl.~-ncemlng Mcecutlve and Min- isW^alqfflcers/or Counties and Districts. 1. Commonwealth's Attorneys — Circuit Court Clerks —County Clerks —Attorney, Sur- veyor, Coroner, etc., in each county. 2. Qualifications for above offices. 3. Election of Commonwealth's Attorney and Circuit Court Clerk — of other officers named. 4. Sherifi' elected— term— not eligible for sec- ond term — first election. 5. Constables — term. 6. Officers for towns and cities. 7. Vacancies in office. 8. Officers in new counties. 9. County officers to give security for proper performance of duties. 10. Other County or District ministerial and Executive officers may be appointed. 11. County Assessors — assistants. AETICLE VH.— Concerning the Militia. exemp- ap- 1. Persons liable to military duty tions. . 2. Adjutant-General — other staff officers pointment of officers. 3. Election of other militia officers. AETICLE Tni.—GeneralJPro«isions. 1. Oath of office — oath concerning dueling. 2. Treason defined — how proved. 3. Bribery at elections to disqualify. 4. Exclusion from office and from sufiVage — protection of elections. 5. No money to be drawn from treasury but by law — limit of appropriations — state- ment of receipts and expenditures. 6. Suits against the Commonwealth. 7. Mode of administering oaths. 8. Laws continued in force. 9. Compact with Virginia to be considered a part of the Constitution. 10. Arbitration of dififerences. 11. Besidence of civil officers in their districts — militia officers to reside In the bounds of their commands. 12. Absence on business of State or United States not to forfeit rights. 13. Deductions from salaries in cases of neglect of duty. 14. Election returns, how made. 15. Elections by the people and also by the leg- islature to be mva voce — proviso as to dumb persons. 16. Hours of election. 17. Time for entering upon office to be fixed by law. 18. Members of Ccingress, etc., not eligible to General Assembly — nor to hold State office. 19. Eellef of security for public officers. 20. Dueling to deprive 'of right to hold office — may be otherwise punished. 21. Pardon for duelists after five years — Oath. 22. Eevision of statute laws — of the code of practice — report. 23. Election of President of Board of Internal Improvement while the office is con- tinned. Constitution of Kentucky, 1850. 439 SBOTIOira. 24. Trial of contested elections. 25. Betorns of elections under this Constitn- tion — commissions to be issued. *6i Vacancies in certain State officers — when to expire. AETICLE IX.— Concerning the seat tf 6mem- ment. Continued at Frankfort — may he changed by a two-thirds vote. ABTICLE X. — CoTuseming Slaves. _ General Assembly not to pass any laws for einanclpation, without payment to own- ers of Blaves — nor prohibit the impor- tation of slaves from other States by immigrants — nor to allow emancipa- tion to prejudice of creditors — not to be imported as merchandise — slaves to be treated with humanity — to be pro- tected, and provided for. 3. Laws may be passed for punishing free Ne- groes immigrating to State, or remain- ing after emancipation. 3. Prosecujion of slaves for felony — not to be by indictment — proceedings to be reg- ulated bylaw— not to be deprived of right of trial by Petit Jury. AETICLE XL— Concerning Education. 1, School fund — amount specifled — to be held inviolate — distribution of income. 2. Superintendent of Public Instruction — election — term — salary. AETICLE xn. — Mode o/Sesising the Consti- tution. 1. Convention, when and how called. 2. Powers of a Convention when assembled. / AETICLE XnL— Bill 0/ Sights. Preamble. 1. All persons equal — no exclusive privileges allowed. 2. Absolute arbitrary power exists nowhere it a Republic. 3. Eight of property higher than Constitutional sanction -right of the owner in a slave and its increase. 4. All power inherent in people— object of government- right to alter and re- form it. Sbotions. 6. BeligiouB freedom— support of religions to be voluntary— no preference to be given by law to any sect. 6. No civil rights or privileges to be lost on account of religion. 7. Elections to be free and equal. 8. Eight of trial by jury. 9. Freedom of the press and of speech. 10. Prosecutions for libel— jury to determine the law and the facts. 11. Security against unlawful seizures and searches. 12. Eights of persons accused of crime — evi- dence against one^s self, etc. 13. Trial by indictment. 14. Second trial for same offense not allowed. 15. Courts to be open — right of justice. 16. Laws not to be suspended, except by Gen- eral Assembly. IT. Excessive bail or fines — cruel punishmentg. 18. Eightof bail— privilege of writ of habeas corpus. 19. Imprisonment for debt limited to cases of fraud. 20. Ex poet facto laws — contracts. 21. Attainder of treason or felony by General Assembly forbidden. 22. Attainder not to work corruption of blood, nor, except during life of the offender, forfeiture of estate. 28. Estates of suicides- deodands. 24. Eight of assembling and of petitioning. 25. Eight of bearlnjg arms — laws against carry- ing concealed weapons. 26. Standing armies — subordination of mllir tary to civil power. 27. Quartering of soldiers. 28. Titles of nobility — hereditary distinctions not allowed. 89. Emigration from State not to be f orbidd«u. 30. Powers not excepted out of general powers of government to remain inviolate — laws contrary to Constitution void. SCHEDULK Preamble. 1. Continuation of laws. 2. Oaths, how administered. 3. No office to be superceded by Constitution — duties to be performed for term to which elected. 4 Apportionment in 1S50 — present divisioni to remain till then — proviso. ^ 6. Becognizanees to remain — penal actions to be prosecuted to judgment — proclama^ tion of adoption. PEEAMBLB. We, the Representatives of the pewple of the State of Kentucfey, in Convention assembled, to .secure to all the citizens thereof the enjoy- ment of the rights of life, liberty and property, and of pursuing- hap- piness, do ordain and establish this Oonstitution for its government : ARTICLE I. COlfCEKNIKG THE DISIKIBUTION QF THE POWEES OF 60VEBKMENT: Section' 1. The powers of the government of the State of Kentucky shall be divided into three Distinct departments, and each of them be' confided to a separate body of magiBfaraoy, to wit: those which ar© 440 Constitution of Kentucky, 1860. . , LegislatiTe to one, those which are Exeoutiye to another, and those which are Judiciary to another. § 2. No person, or collection of persons, being of one of those Departments, shall exercise any pow^er properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. AETIOLE II. CONCEENIITG THE LEGISLATIVE DBPAKTMENT. Section 1. The Legislative power shall be vested in a House of Eepresentatives and Senate, which together shall be styled the General Assembly of the Commonwealth of Kentucky. § 3. The members of the House of Eepresentatives, shall continue in service for the term of two years from the day of the general elec- tion, and no longer. § 3. Eepresentatives shall be chosen on the first Monday in August, in every second year, and the mode of holding the elections shall be regulated by law. § 4. No person shall be a Eepresentative, who, at the time of his election, is not a citizen of the United States, has not attained the age of twenty-four years, and who has not resided in this State two years next preceding his election, and the last year thereof in the county, town, or city, for which he may be chosen. § 5. The General Assembly shall divide each county of this Com- monwealth into convenient election precincts, or may delegate power to do so to such county authorities as may be designated by laW ; and elections for Eepresentatives for the several counties shall be held at the places of holding their respective courts, and in the several elec- tion 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 representation, 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 entitled to one or more Representatives. That whenever a city or town shall be entitled to a separate representation in either House of the General Assembly, and by its numbers shall be entitled to more than one Eepresentative, such city or town shall be divided, by squares which Constitution of Kensvvcky, 1850. 441 are contiguous, so as to make the most compact form, into Kepresent- ative Districts, as nearly equal as may be, equal to the number of Eepresentatives to which such city or town may be entitled ; and one Eepresentative shall be elected from each District. In like manner shall said city or town be divided into Senatorial Districts, when, by the apportionment, more 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 by such division of Senatorial or Eepresentative Districts unless it be neces- sary to equalize the elective. Senatorial or Eepresentative Districts. § 6. Eepresentation shall be equal and uniform in this Common- wealth, 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 oflf into ten dis- tricts. The first district shall be composed of the counties of Pulton, Hickman, Ballard, McCraeken, Graves, Calloway, Marshall, Living- ston, Crittenden, Union, Hopkins, Caldwell, and Trigg. The second district shall be composed of the counties of Christian, Muhlenburg, Henderson, Daviess, Hancock, Ohio, Breckenridge, Meade, Grayson, Butler, and Edmonson. The third district shall be composed of the counties of Todd, Logan, Simpson, Warren, Allen, Monroe, Barren, and Hart. The fourth district shall be composed of the counties of Cumberland, Adair, Green, Taylor, Clinton, Eussell, Wayne, Pulaski, Casey, Boyle, and Lincoln. The fifth district shall be composed of the counties of Hardin, Larue^ Bullitt, Spencer, Kelson, Washington, Marion, Mercer, and Anderson. The sixth district shall be composed of the counties of Garrard, Madison, Estill, Owsley, Eockcastle, Laurel, Clay, Whitley, Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The seventh district shall be composed of the counties of Jefferson, Oldham, Trimble, Carroll, Henry, and Shelby, and the city of Louisville. The eighth district shall be composed of the counties of Bourbon, Payette, Scott, Owen, Pranklin, Woodford, and Jessamine. The ninth district shall be composed of the counties of Clarke, Bath, Montgomery, Pleming, Lewis, Greenup, Carter, Law- rence, Morgan, and Breathitt. The tenth district shall be composed of the counties of Mason, Bracken, Kigholas, Harrison, Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. The number of Eepresentatives shall, at the several sessions of the General Assembly, next after the making of the enumerations, be apportioned among the ten several districts, according to the number of qualified voters in 56 442 OoNSTiTUTiqff OF Kentucky, 1850. each ; and the Eepresentatires 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 Eepresent- ative ; if double the ratio, two Eepresontatives, 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 largest number under the ratio shal^have a Representative, regard being always had to the greatest number of qualified voters : Provided, That when a county may not have a suflBcient number of qualified voters to entitle it 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. § 7. The House of Representatives shall choose its Speaker and other oflScers, § 8. 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 such precinct, and not elsewhere. § 9. Voters, in all cases except treason, felony, breach, or surety of the peace, shall be privileged from arrest during their attendance at, going to, and returning from elections. § 10. Senators shall be chosen for the term of four years, and the Senate shall have power to clioose its oflBcers biennially. § 11. Senators and Representatives shall be elected, under the first apportiontment after the adoption of this Constitution, in the year 1851. § 13. At the session of the General Assembly next after the first apportionment under this Constitution, the Senators shall be divided by lot, as equal 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. § 13. The number of Representatives shall be one hundred, and the number of Senators thirty-ei^ht. § 14 At every apportionment of representation, the State shall be laid off into thirty-eight Senatorial Districts, which shall be so formed as to contain, as near as may be, an equal nuniber of qualified voters, and so that no county shall be divided in the formation of a Senatorial Constitution of Kentucky, 1850. 443 District, except sucli county shall be entitled, under tlie enumeration, to two or more Senators ; and where two or more counties compose a district, ,they shall be adjoining. § 15. One Senator for each district shall be elected by the qualified Toters therein, who shall Tote in the precincts where they reside, at the places where elections are by law directed to be held. § 16. TSo person shall be a Seiator who, at the time of his election, is not a citizen of the United States ; has not attained the age of thirty years, and who has not resided in this State six years next preceding his election, and the last year thereof in the district from which he may be chosen. § 17. The election for Senators, next after the first apportionment under this Constitutioil, shall be general throughout the State, and at the same time that the election for Representatives is held, and there- after, there shall be a biennial election for Senators to fill the places of those whose term of service may have expired. § 18. The General Assembly shall convene on the first Monday in November, after the adoption of this Constitution, and again on the first Monday in November, 1851, and on the same day of every second year thereafter, unless a different day be appointed by law, and their sessions shall be held at the seat of government. § 19. 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 prescribed thereby. § 20. Each House of the General Assembly shall judge of the quali- fications, elections, and returns of its members ; but a contested elec- tion shall be determined in such manner as shall be directed by law. § 31. Each House of the General Assembly may determine the rules of its proceedings, punish a member for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but not a second time for the same cause. § 32. Each House of the General Assembly shall keep and publish, weekly, a journal of its proceedings, and the yeas and nays of the members oil any question shall, at the desire of any two of them, be entered on their journal. § 23. Neither House, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they naay be sitting. § 34. The members of the General Assembly shall severally receive from the public treasury a compensation for their services, whiph shall be three dollars a day during their ^tte^d^nce ofl, an4 twelye and a 444 Constitution of KsNTxroKf, 1850. half cents per mile fer 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 session held under this Constitution. "^ § 25. The members of the General Assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance at the sessions of their respective Houses, and in going to and returnii^g from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. § 26. No Senator or Eepresentative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of prbfit under this Commonwealth, which shall have been created, or the emoluments of which shall have been increased, during the said term, except to such offices or appointments as may be filled by the election of the people. § 27. Ko 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 Assembly, 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. § 28. No person who, at any time, may have been a collector of taxes or public moneys for the State, or the assistant or deputy of such collector, shall be eligible to the General Assembly unless he shall have obtained a quietus, six months before the election, for the amount of such collection, and for all public moneys for which he may have been responsible. § 29. 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. § 30. All bills for raising revenue shall originate in the House of Eepresentatives, but the Senate may propose 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. Constitution of Kentucky, 1860. 445 § 31. The General Assembly shall regulate by law by whom and in what manner, writs of election shall be issued to fill the yacancies which may happen in either branch thereof, § 32. The General Assembly shall haye no power to grant divorces, to change the names of individuals, or direct the sales of estates belonging to infants, or other persons laboring under legal disabilities, by special legislation ; but by general laws shall confer such powers on the courts of justice. § 33. The credit of this Commonwealth shall never be given or loaned in aid of any person, association, municipality, or corporation. § 34. The General Assembly shall have no power to pass laws to diminish the resources of the sinking fund, as now established 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. § 35. 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 : Provided, That the State may contract debts to repel invasion, suppress insurrection, or, if hostilities are threat- ened, provide for the public defense. § 36. No act of the General Assembly shall authorize any debt to be contracted on behalf of the Commonwealth, except for the pur- poses mentioned in the thirty-fifth section of this article, unless pro- vision be made therein to lay and collect an annual tax sufficient to pay the interest stipulated, and to discharge the debt within thirty years ; nor shall such act take eflfect until it shall have been submit- ted to the people at a general election, and shall have received a majority of all the votes cast for or against it: Provided, 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. ' § .37. N"o law, enacted by the General Assembly, shall relate to more than one subject, and that shall be expressed in the title. § 38. The General Assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws. 446 Constitution of KentuckT, 1850. % 39. The General Assembly may pass laws authorizing writs of error in criminal or penal cases, and regulating the right of challenge of jurors therein. § 40. 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 Toted for by a majority of all the members then elected to each branch of the General Assem- bly; and the yeas and nays thereon entered on the journal. AETIOLE III. COlirCEESriM'G T-HB EXECUTIVE DEPAETMESTT. Section 1. The Supreme Executive power of the Commonwealth shall be vested in a Chief Magistrate, who shall be styled the Governor of the Commonwealth of Kentucky. § 3. The Governor shall be elected for the term of four years, by the qualified voters of the State, at the time when, and places where, they shall respectively vote for Eepresentatives. 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. § 3. The Governor shall be ineligible for the succeeding four years lifter the expiration of the term for which he shall have been elected. § 4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been ah inhabitant of this State at least six years next preceding his election. § 5. He shall commence the execution of the duties of his oflBce on the fifth Tuesday succeeding the day of the general election on which he shall have been chosen, and shall continue in the execution thereof until his successor shall have taken the oath or afiSrmation prescribed by this Constitution. § 6. No member of Congress, or person holding any of&ce under the United States, or minister of any religious society, shall be eligible to the office of Governor. § 7. The Governor shall, at stated times, receive for his services a conipensation, which shall be neither increased nor diminished dur- ing the term, for which he was elected. § 8. 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 he shall not com- mand personally in the field, unless advised so to do by a resolution of the General Assembly. Constitution of Kentucky, 1850. 44 7 § 9. He shall have power to fill vacancies that may occur, by grant- ing commissions, which shall expire when such vacancies shall have been filled according to the provisions of this Constitution. § 10. He shall have power to remit fines and forfeitures, grant re- prieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested; but he shall have no power to remit the fees of the Clerk, Sheriff, or Commonwealth's Attorney in penal or criminal cases. § 11. He may require information, in writing, from the officers in the Executive Department, upon any subject relating to the duties of their respective offices. § 13. He shall, from time to time, give to the General Assembly in formation of the state of the Commonwealth, and recommend to their consideration such measures as he may deem expedient. § 13. He may, on extraordinary occasions, convene the General Assembly at the seat of Government, or at a different place if that should have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; 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 exceed- ing four months. § 14 He shall take care that the laws be faithfully executed. § 15. A Lieutenant-Governor shall be chosen at every regular elec- tion for Governor, in the same manner, to continue in office for the same time, and possess the same qualifications as the Governor. In voting for Governor and Lieutenant-Governor, the electors shall state for whom they vote as Governor; and for whom as Lieutenant-Gov- ernor. § 16. 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. § 17. Should the Governor be impeached, removed from office, die, refuse to qualify, resign, or be absent from the State, the Lieutenant- Governor shall exercise all the power and authority pertaining to the office of Governor, until another be duly elected and qualified, or the Governor, absent or impeached, shall return or be acquitted. § 18. Whenever the government shall be administered by the Lieu- tenant-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 occa- sion. And if, during the vacancy of the office of Governor, the Lieu- 448 Constitution of Kentucky, 1850. tenant-Governor shall be impeached, removed from oflBce, refuse to qualify, resign, die, or be absent from the State, the Speaker of the Senate shall, in like manner, administer the government : Provided, That, whenever a vacancy shall occur in the oflBce of Governor, before the first two years of the term shall have expired, a new election for Governor shall take place, to fill such vacancy. § 19. The Lieutenant-Governor, or Speaker ^ro tempore of the Sen- ate, while~he acts as Speaker of the §enate, shall receive for his ser- vices the same compensation which shall, for the same period, be allowed to the Speaker of the House of Eepresentatives, and no more; and during the time he administers the government, as Governor shall receive the same compensation which the Governor would have received, had he been employed in the duties of his ofBce. § 30. If the Lieutenant-Governor shall be called upon to administer the government, ajtid 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. § 31. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint a Secretary of State, who shall be com- missioned during the term for which the Governor was elected, if he shall so long behave himself well. He shall keep a fair register, 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. § 33. Every bill, which shall have passed both Houses, shall be pre- sented to the Governor. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it origi- nated, who shall enter the objections at large upon their journal, and proceeid to reconsider it. If, after such reconsideration, a majority of ' all the members elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be considered, and if approved by a majority of all the mem- bers elected to that House, it shall be a law ; but, in such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journals of each House respectively. If any bUl shall not be returned by the Governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a lawi in like manner as if he had signed it, unless the General Assembly, by their adjourn- ment, prevent its return ; in which case it shall be a law, unless sent oack within three days after their next meeting. (TbNSTITUTION OF KENTUCKY, 1850. 449 § 23. Every order, resolution or vote, in which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the GoTcrnor, and before it shall take effect, be approved by him ; or, being disapproved, shall be repassed by a majority of all the members elected to both Houses, according to the rules and limitations prescribed in case of a bill. § 34. Contested elections for Governor and Lieutenant-Governor shall be determined by both Houses of the General Assembly, accord- ing to such regulations as may be established by lavr. § 25. A Treasurer shall be elected by the qualified voters of the State, for the term of two years ; and an Auditor of Public Accounts, Eeg- ister of the Land Ofi&ce, and Attorney-General, for the term of four years. The duties and responsibilities of these oflBcers shall be pre- scribed by law : Provided, That inferior State officers, not specially provided for in this Constitution, may be appointed, or elected, in such manner as shall be prescribed by law, for a term not exceeding four years. § 26. The first election, under this Constitution, for Governor, Lieu- tenant-Governor, Treasurer, Auditor of Public Accounts, Eegister of the Land OflBce, and Attorney-General, shall be held on the first Mon- day in August, in the year 1851. ARTICLE IV. COirOEENTNG THE JUDICIAL DEPABTMBKT. Sectiok 1. The judicial power of ttis Commonwealth, both as to matters of law and equity, shall be vested in one Supreme Court (to be styled the Court of Appeals), the courts established by this Con- stitution, and such courts, inferior to the Supreme Court, as the Gen- eral Assembly may, from time to time, erect and establish. CONCEBNIITG THE COtrET OE APPEALS. § 2. The Court of Appeals shall have appellate jurisdiction only, which shall be co-extensive with the State, under such ifestrictions and regulations, not repugnant to this Constitution, as may, from time to time, be prescribed by law. § 3. The Judges of the Court of Appeals shall, after their first term, hold their oflQces for eight years, from and after their election, and until their successors shall be duly qualified, subject to the conditions hereinafter prescribed ; but for any reasonable cause, the Governor shall rehiove any of them on the address of two-thirds of each House of the General Assembly: Pronded, however, That the cause or 57 450 Constitution of Kentucky, 1850. 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. • § 4. 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 after the adoption of this Con- stitution, shall divide the State, by counties, into four Districts, as nearly equal in voting population, and with as 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 Districts ; but in no event shall there be less than three Judges and Districts. Should a caange in the number of the Judges of the Court of Appeals be made, the term of oflSce and number of Districts shall be so changed as to preserve the principle of felecting one Judge every two years. § 5. The Judges shall, by virtue of their ofllces, be conservators of the peace throughout the State. The style of all process shall be: "The Commonwealth of Kentucky." All prosecutions shall be carried on in the name and by the authority of the Commonwealth of Kentucky, and conclude " against the peace and dignity of the same." § 6. The Judges first elected shall serve as follows, to wit : one shall serve until the first Monday in August, 1853; one until the first Monday in August, 1854; one until the first Monday in August, 1856 ; and one until the first Monday in August, 1858. The Judges, at the first term of the court succeeding their election, shall deter- mine, by lot, the length of time which each one shall serve ; and, at the expiration of the service of each, an election in the proper District shall take place to fill the vacancy. The Judge having the shortest time to serve shall be styled the Chief Justice of Kentucky. § 7. 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 unex- pired term be less than one year, the Governor shall appoint a Judge to fill such vacancy. § 8. No person shall be eligible to the office of JuJge of the Court of Appeals, who is not a citizen of the United States a resident of the District for which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a prac- ticing lawyer eight ye^rrg, or whose service upon the bench of any Constitution of Kentucky, 1850. 451 Court of Record, when added to the time he may have practiced law shall not be equal to eight years. § 9. 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. § 10. The first election of the Judges and Clerks of the Court of Appeals shall take place on the second Monday 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 com- missioned by the Governor. § 11. There shall be elected, by the qualified voters of this State, a Clerk 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 eight years, possess the same qualifications, and be subject to removal in the same manner as the Clerk of the Court of Appeals ; but if the General Assembly shall, at its first or any other session, 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 num- ber of Judges be reduced, the term of the office of Clerk shall be six years. § 13. 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. § 13. Should a vacancy occur in the office of Clerk of the Court of Appeals, the Governor shall issue a writ of election, and the qualified voters of the State, or 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 ^h^^U have 452 Constitution of Kentucky, 1850. power to appoint a Clerk pro tern., to perform the duties of Clerk until such vacancy shall be filled, or the Clerk acquitted : And, pro- vided, further. That no writ of election shall issue to fill a vacancy unless the unexpired term exceed one year. § 14 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, and of determining contested elections of any of these oflSicers. § 15. The General Assembly shall provide fot an additional Judge or Judges, to constitute, with the remaining 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 J udge may have been employed in or decided the cause in the inferior court. COS'CEEU'ING THE CIRCUIT COUETS. § 16. A Circuit Court shall be established in each county now existing, or which may hereafter be erected, in this Commonwealth. § 17. The jurisdiction of said court shall be and remain as now established, hereby giving to the General Assembly the power to change or alter it. § 18. The right to appeal or sue out a writ of error in 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. § 19. At the first session after the adoption of this Constitution, the General Assembly shall divide the State into twelve Judicial Dis- tricts, having due regard to business, territory, and population : Pro- vided, That no county shall be divided. § 30. They shall, at the same time that 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. The first election of Judges of the Circuit Court shall take place on the second Monday in l^ay, 1851 ; and afterward on the first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter. § 21. All persons qualified to vote for members of the General Assembly, in each District, shall have the right to vote for Judges. § 22. If person shall be eligible as Judge of the Circuit Court who is not a citizen of the United States, a resident of the district for Constitution of Kentucky, 1860. 453 which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall not be equal to eight years. § 23. The Judges of the Circuit Court shall, after . their first term, hold their ofiB.ce for the term of six years from the day of their elec- tion. They shall be commissioned by the Governor, and continue in office until their successors be qualified, but shall be removable from office in the same manner as the Judges of the Court of Appeals ; and the removal of a Judge from his District shall vacate his office. § 24. The General Assembly, if they deem it necessary, may estab- lish 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. § 35. The Judges of the Circuit Courts shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall be equal and uniform throughout the State, and which shall not be diminished during the time for which they were elected. § 26. 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. § 27. The Judicial Districts of this State shall not be changed, except at the first session after an enumeration, unless when a new District may be established. § 28. The General Assembly shall provide by law for holding Cir- cuit Courts, when, from any cause, the Judge shall fail to attend, or, if in attendance, cannot properly preside, CONCEENING COUXTT COUETS. § 29. A County Court shall be established in each county now existing, or which may hereafter be erected, within this Common- wealth, to consist of a Presiding Judge and two Associate Judges, any two of whom shall constitute a court for the transaction of business : Provided, The General Assembly may at anytime abolish the office of the Associate Judges, whenever it shall be deemed expedient; in which event they may associate with said Court any or all of the Jus- tices of the Peace for the transaction of business. § 30. The Judges of the County Court shall be plected by the quali- fied voters in each county for the term of four years, and shall continue 454 Constitution of Kentucky, 1850. in office until their successors shall be duly qualified, and shall receiye such compensation for their services as may be provided by law. § 31. The first election of County Court Judges shall take place at the same time of the election of Judges of the Circuit Court. The Presiding Judge, first elected, shaU hold his office until the first Mon- day in August, 1854. The Associate Judges shall hold their offices until the first Monday in August, 1852, and until their successors be qualified; and afterward elections shall be held on the first Monday in August, in the years in which vacancies regularly occur. § 32. ISo person shall be eligible to the office of Presiding or Asso- ciate 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. § 33. The jurisdiction of the County Court shall be regulated by law ; and, untU changed, shall be the same now vested in the County Courts of this State. § 34. Each county in this State shall be laid off into districts 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 candidate. § 35. Judges of the County Court, and Justices of the Peace, shall be conservators of the peace. They shall be commissioned by the Governor. County and district officers shall vacate theix offices by re- moval from the district or county in which they shall be appointed. The General Assembly shall provide, by law, the manner of conduct- ing and making due return of all elections of Judges of the County Court 'and Justices of the Peace, and for determining contested elec- tions, and provide the mode of filling vacancies in these offices. § 36. Judges of the County Court and Justices of the Peace, Sheriffs, Coroners, Surveyors, JaUers, County Assessor, Attorney for the County, and Constables, shall be subject to indictment or presentment for mal- feasance or misfeasance in office, or willful neglect in the discharge of their official duties, in such mode as may be prescribed by law, sub- ject to appeal to the Court of Appeals; and, upon conviction, their offices shall become vacant. § 37. 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. Constitution of Kentucky, 1860. 455 § 38. When any city or town shall hare a separate representation, 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. § 39. The Clerks of the Court of Appeals, Circuit, and County Courts, shall be removable from office by the Court of Appeals, upon information and good cause shown. The Court shall be judges of the fact as well as the law. Two-thirds of the members present must con- cur in the sentence. § 40. The Louisville Chancery Court shall exist under this Consti- tution, subject to repeal, and its jurisdiction to enlargement and mod- ification, by the General Assembly. The Chancellor shall have the same qualifications as a Circuit Court Judge, and the Clerk of said Court as the Clerk of a Circuit Court, and the Marshal of said Court as a Sheriff; and the General Assembly shall provide for the election, by the qualified voters within its jurisdiction, of the Chancellor, Clerk and Marshal of said Court, at the same time that the Judge and Clerk of the Circuit Court are elected for the county of Jefferson, and they shall hold their offices for the same time, and shall be removable in the same manner; Provided, That the Marshal of said Court shall be ineligible for the succeeding term. § 41. The City Court of Louisville, the Leixington City Court, and all other Police Courts established in any city or town, shall remain until otherwise directed by law, with their present powers and juris- dictions; and the Judges, Clerks, and Marshals of such courts shall have the same qualifications, and shall be elected by the qualified voters of such cities or towns, at the same time, and in the same man- ner, and hold their offices for the same term, as County Judges, Clerks and Sheriffs, respectively, and shall be liable to removal in the same manner. The General Assembly may vest judicial powers, for police purposes, in Mayors of cities. Police Judges and Trustees of towns. AETICLE V. COKCBKNING IMPEACHMENTS. Sbctiok 1. The House of Representatives shall have the sole power ol impeachment. § 3. All impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present. § 3. The Governor and all civil officers shall be liable to impeach- ment for any misdemeanor in office; but judgnient in such cases shall 456 Constitution of Kentucky, 1850. not extend further than to removal from ofiSce, and disqualification to hold any office of honor, trust or profit under this Commonwealth ; but the party convicted shall, nevertheless, be subject and liable to indictment, trial and punishment by law. AETICLE VL COKCEEKIKG EXECUTIVlE AND MIK'ISTi^RIAL OFFICERS FOE COUNTIES AND DISTRICTS. Section 1. A Commonwealth's Attorney for each Judicial District, and a 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. § 3. No person shall be eligible to the offices mentioned in this arti- cle, who is not at the time twenty-four years old (except Clerks of County and Circuit Courts, Sheriffs, Constables, and County. Attor- neys, 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 preced- ing 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. N"o person shall be eligible to the office of Clerk, unless he shall have procured from 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 his super- vision, and that he is qualified for the office for which he is a candidate. § 3. The Commonwealth's Attorney, and Circuit Court Clerk, shall be elected at the same time as the Circuit Judge — the Common- wealth's Attorney by the qualified voters of the district, the Circuit Court Clerk by the qualified voters of the county. The County At- torney, Clerk, Surveyor, Coroner and Jailer, shall be elected at the same time, and in the same manner, as the Presiding Judge of the County Court. § 4 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 successor shall be qualified : and he shall be re-eligible for a second term ; but no Sheriff shall, after the expiration 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 their offices until the first Monday in January, 1853, and until their successors be qualified; and Constitution of Kbntuckt, 1850. 457 on the first Monday in August, 1853, 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 ofi&ces on the first Monday in Jime, 1851, and after the first election on the first Monday in January next succeed- ing their election. § 5. A Constable shall be elected in every Justice's district, who shall be chosen for two years, at such time and place as may be pro- vided by law, whose jurisdiction shall be co-extensive with the county in which he may reside. § 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications, as may be pre- scribed by law. § 1. Vacancies in offices under this article shall be filled, until the next regular election, in such manner as the General Assembly may provide. § 8. 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. § 9. Clerks, Sheriffs, Surveyors, Coroners, Constables and Jailers, and such other officers as the General Assembly may from time to time require, shall, before they enter upon the duties of their respect- ive offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law. § 10. 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 executive officers as shall, from time to time, be necessary and proper. § 11. A County Assessor shall be elected in each county at the same time, and for the same term, that the Presiding Judge 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. AKTICLE VII. CONCEKiriKG THE MILITIA. Sectiost 1. The militia of this Commonwealth, ghall consist of all free, able-bodied male persons (negroes, mulattoes and Indians excepted), resident in the same, 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 ; but those who belong to religious societies, whose tenets forbid them to carry 58 458 VONSTITUTION OF KENTUCKY, 1850. arms, shall not Ije compelled to do so, but shall pay an equivalent for personal services. § 3. The Governor shall appoint the Adjutant-General and his other staff officers ; the Major-Generals, Brigadier-Generals and com- mandants of regiments, shall, respectively, appoint their staff officers ; and commandants of companies shall appoint their non-commissioned officers. § 3. All militia officers, whose appointment is not herein otherwise provided for, shall be elected by persons subject to military duty, within their respective companies, 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. AETICLE VIII. GENERAL PBOVISIOirS. Section" 1. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the prac- tice of their profession, shall take the following oath or affirmation " I do solemnly swear (or affirm, as the case may be), that I will sup- port the Constitution of the United States, and the Constitution of this State, and be faithful and true to the Commonwealth of Ken- tucky, so long as I continue a citizen thereof, and that I will faith- fully execute, to the best of my abilities, the office of accord- ing to law ; and I do further solemnly swear (or affirm), that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel, with deadly weapons, within this State nor out of it, with a citizen of this State ; 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." § 2. Treason against the Commonwealth shall consist only in levy- ing war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own con- fession in open court. § 3. Every person shall be disqualified from holding any office of trust or profit for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to pro- cure his election. § 4. Laws shall be made to exclude from office, and from suffrage. Constitution of Kentucky, 1850. 459 those who shall thereafter be convicted' of bribery, perjury, forgery or other crimes or high misdemeanors. The pririlege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult or other improper practices. § 5. No money shall be drawn from the treasury, but in pursuance of 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 published annually. § 6. The General Assembly may direct, by law, in what manner, and in what courts, suits may be brought against the Common- wealth. § 7. The manner of administering an oath or affirmation, 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. § 8. All laws which, on the first day of June, one thousand seven hundred and ninety- two, were in force in the State of V irginia, 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 Commonwealth, shall be in force within this State, until they shall be altered or repealed by the General Assembly. § 9. The compact with the State of Virginia, subject to such alter- ations as may be made therein, agreeably to the mode prescribed by the said compact, shall be considered as part of this Constitution.' 1 This section has been continued down from the first organization ol the State Government, and although it has seldom or never been printed with the Constitution, it is here presented as a part thereof, and as an interesting historical Item. It is found In the Act of the General Assem- bly of Virginia, passed December IS, 1789, concerning the erection of the District of Kentucky into an independent State : "4. The said Convention shall be held at Danville, on the 2fith day of July next, and shall and may proceed, after choosing a President and other proper officers, and settling the proper rules of proceedirg, to consider and determine whether it is expedient for, and the wftl of the good people of the said District, that the same be erected into an Independent State, on the terms and conditions following ; "5. Mret^ That the boundary, between the proiposed State and Virginia, shall remain the same as at present separates the District from the residue of this Commonwealth. " 6. Second, That the proposedfitate shall take upon itself a jiist proportion of the debt of the ' United States, and the payment of all the certificates granted on account of the several expeditions carried on from the Kentucky District against the Indians, since the first day of Jan- nary, 1785. "7. 7%irlaint or dispute shall, at any time, arise between the Com- monwealth of Virginia and the said District, after it shall be an independent State, concerning the meaning or execution of the foregoing articles, the same shall be determined by six Commis- sioners, of whom two shall be chosen by each of the parties, and the remainder by the Com- missioners so first appointed." Constitution of Kentucky, 1850. 461 elected or appointed, shall enter upon the duties of their respective offices, except where the time is fixed by this Constitution. § 18. 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 be eligible as a member of the General Assembly of this Commonwealth, or hold or exercise any office of trust or profit under the same. § 19. 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 discharged on account of such securityship. § 20. Any person who shall, after the adoption of this Constitution, either directly or indirectly, give, accept, or knowingly carry a chal- lenge to any person or persons, to fight in single combat with a citizen of this State, with any deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth, and shall be punished otherwise, in such manner as the General Assembly may prescribe by law. § 31. The Governor shall have power, after five years from the time of the oflfense, to pardon all persons who shall have in anywise partici- pated in a duel, either as principals, seconds, or otherwise, and to restore him or them to all the rights, privileges, and immunities to which he or they were entitled before such participation. And upon the presentation of such pardon, the oath prescribed in the first sec- tion of this article shall be varied to suit the case. § 22. At its first session, after the adoption of this Constitution, 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 as practicable, report the result of their labors to the General Assembly, for their adoption or modification. § 23. So long as the Board of Internal Improvement shall be con- tinued, the President thereof shall be elected by the qualified voters of this Commonwealth, and hold the office for the term of four years, and until another be duly elected and qualified. The election shall be held at the same time, and be conducted in -the same manner, as the election of Governor of this Commonwealth under this Constitution ; but nothing herein contained, shall prevent the General Assembly from abolishing said Board of Internal Improvement, or the office of President thereof. 462 Constitution of Kentucky, 1860. § 34. The General Assembly shall provide by law for the trial of any contested election of Auditor, Eegister, Treasurer, Attorney-General, Judges of Circuit Courts, and all other ofiacers not otherwise herein specified. § 35. The General Assembly shall proride by law for the making of the returns by the proper of&oers, of the election of all officers to be elected under this Constitution ; and the Governor shall issue com- missions to the Auditor, Eegister, Treasurer, President of the Board of Internal Improvement, Superintendent of Public Instruction, and such other officers as he may be directed by law to commission, as soon as he has ascertained the result of the election of those officers respectively. § 36. When a vacancy shall happen in the office of Attorney-Gen- eral, Auditor of Public Accounts, Treasurer, Eegister of the Land Office, President of the Board of Internal Improvement, or Superin- tendent 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 con- sent of the Senate. AETICLE IX. COM-CEEiriU-G THE SEAT "OF GOVEENMEN-T. The seat of government shall continue in the city of Frankfort until it shall be removed by law : Provided, however. That two-thirds of all the members elected to each House of the General Assembly shall concur in the passage of such law. AETICLE X.' CONCEKNI^STG SLATES. Section" 1. The General Assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated, and providing for their removal from the State. They shall have no power to prevent immigrants to the State from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State. They shall pass laws to permit owners of slaves to emancipate them, saving the rights of creditors, and to pre- 1 Saperseded by adoption of Article Xm of Amendments to the Constitution of the United States. CONSTITXJTION OF KENTUCKY, 186Q. 463 veut them from remaining in this State after they are emancipated. They shall have full power to prevent slaves being brought into this State as merchandise. They shall have full power to prevent slaves being brought into this State, who have been, sin-ce the first day of January, one thousand seven hundred and eighty-nine, or may hercr after be, imported into any of the United States from a foreign country. And they shall have full power to pass such laws as may be necessary to oblige the owners of slaves to treat them with humanity ; to provide for them necessary clothing and provisions ; to abstain from all injuries to them, extending to life or limb ; and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of their owner or owners. § 3. The General Assembly shall pass laws providing that any free negro or mulatto hereafter immigrating to, and any slave hereafter emancipated in, and refusing to leave, this State, or having left, shall return and settle within this State, shall be deemed guilty of felony, and punished by confinement in the penitentiary thereof. § 3. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary; but the proceedings in such prosecutions shall be regulated by law, except that the General Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury- AKTIGLB XI. COKCERNIXa EDUCATIOIT. Section 1. The capital of the fund called and known as the " Com- mon School Fund," consisting of one million two hundred and twenty-five thousand seven hundred 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 thous- and 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 otherwise, for purposes of education, shall be held inviolate, for the purpose of sustaining a system of common schools. The interest and dividends of said funds, together with any sum which may be produced for that purpose by taxation or otherwise, may be appropriated in aid of common schools, but for no other pur- pose. 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 pur- 464 Constitution op Eentvckt, 1850. poses, which may not be needed in sustaining common schools, shall be inyested in like manner. The General Assembly shall make pro- vision, 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 common school pur- poses, it shall be re-inyested from time to time for the benefit of such county. § 2. A Superintendent of Public Instruction shall be elected by the qualified voters of this Commonwealth, at the same time the Governor is elected, who shall hold his office for four years, and his duties and salary shall be prescribed and fixed by law. AETICLB XII. MODE OF EEVISIKG THE CONSTITUTIOir. Sectiok 1. When experience shall point out the necessity of amend- ing this Constitution, and wh^n a majority of all the members elected to each House of the General Assembly shall, within the first twenty days of any regular session^ concur in passing a law for taking the sense of the good people of this Commonwealth as to the necessity and expediency of calling a Convention, it shall be the duty of the several Sheriffs, and other officers of elections, at the next general election which shall be held for Eepresentatives 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 Eepresentatives, "who have voted for call- ing a Convention ; and if, thereupon, it shall appear that a majority of all the citizens of this State, entitled to vote for Eepresentatives, 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 Eepresentatives ; and if, thereupon, it shall appear that a majority of all the citizens of this State, entitled to vote for Eepresentatives, have voted for calling a Convention, the General 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 llepresentatives, and no more ; to be chosen on the first Monday in August thereafter, in the same manner and proportion, and at the same places, and possessed of the same qualifi- cations of a qualified elector, by citizens entitled to vote for Eepre- sentatives ; and to meet within three months after their election, for the purpose of re-adopting, amending, or changing this Constitution ; but if it shall appear by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for Eepresentatives did Constitution of Kentucky, 1850. 465 not vote for calling a Convention, a Convention shall not then he called. And for the purpose of ascertaining whether a majority of the citizens, entitled to vote for Eepresentatives, did or did not vote for calling a Convention, as above, the General Assembly passing the law authorizing such vote, shall provide for ascertaining the number of citizens entitled to vote for Eepresentatives within the State. § 2. The Convention, when assembled, shall judge of the election of its members and decide contested elections, but the General Assem" bly shall, in calling a Convention, provide for taking testimony in such cases, and for issuing a writ of election in case of a tie. ARTICLE XIII. BILL OF EIGHTS. That the general, great and essential principles of liberty and free government may be recognized and established, we declare, Sectiok 1. That all freemen, when they form a social compact, are equal, and that no man, or set of men, are entitled to exclusive, separate public emoluments or privileges from the community, but in consideration of public services. § 2. That absolute, arbitrary power over the lives, liberty and prop- erty of freemen, exists nowhere in a republic, not even in the largest majority. § 3. The right of property is before, and higher, than any constitu- tional sanction ; and the right of the owner of a slave to such slave, and its increase, is the same, and as inviolable, as the right of the owner of any property whatever. ' § 4 That all power is inherent in the people, and all free govern- ments are founded on their authority, and instituted for their peace* safety, happiness, security, and the protection of property. Jb'or the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform oi abolish their government, in such manner as they may think proper. § 5. 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 compelled 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 religious societies or modes of worship. § 6. That the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion. § 7. That all elections shall be free and equal. 59 466 Constitution of Kentucky, 1850. § 8. 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. § 9. That printing presses shall be free to every person who under- takes to examine the proceedings of the General Assembly, or any fbranch of government, and no law shall ever be made to restrain the right 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. § 10. In prosecutions for the publication of papers, investigating the ofiBcial conduct of oflScers or men in a public capacity, 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 shall have a right to determine the law and the facts, under the direction of the court, as in other cases. § 11. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches, and that no warrant to search any place, or to seize any person or thing, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. § 12. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel ; to demand the nature and cause of the accusation against him ; to meet the witnesses face to face ; to have compulsory process for obtaining witnesses in his favor ; and, in prosecutions by indictment or information, a speedy public trial by an impartial jury. of the vicinage; that he cannot be compelled to give evidence against himself; nor can he be deprived of his life, liberty or property, unless by the judgment of his peers, or the law of the land. § 13. 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 or misde- meanor in office. § 14 No person shall, for the same oflfense, be twice put in jeopardy of his life or limb ; nor shall any man's property be taken or applied to public use, without the consent of his representatives, and without just compensation being previously made to him. § 15. That all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial or delay. Constitution of Kentugkt, 1860. 467 § 16. That no po^wer of suspending laws shall be exercised, unless hy the General Assembly or its authority. § 17. That excessiTe bail shall, not be required, nor excessive fines imposed, nor cruel punishments inflicted. § 18. That all prisoners shall be bailable by sufficient securities, unless for capital offenses, when the proof is eyident or 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 it. § 19. That the person of a debtor, where there is not strong pre- sumption 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. § 30. That no ex post facto law, nor any law impairing contracts, shall be made. § 21. That no person shall be attainted of treason or felony by the General Assembly. § 23. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Common- wealth. § 23. That the estates of such person as shall destroy their own lives, shall descend or vest as in case of natural death ; and if any per- son shall be kiUed by casualty, there shall be no forfeiture by reason therof. § 24. That the citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those in- vested with the powers of government, for redress of grievances or other proper purposes, by petition, address or remonstrance. § 25. 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. § 26. That no standing army shall, in time of peace, be kept up, without the consent of the General Assembly ; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. § 37. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. § 28. That the General Assembly shall not grant any title of nobil- ity, or hereditary distinction, nor create any office, the appointment to which shall be for a longer time than for a term of years. § 39. That emigration from the State shall not be prohibited. 468 Constitution of Kentvckt, 1850. § 30. To guard agaiiiBt transgressions of the high powers which we have delegated, we diclabe, that every thing in this article is ez- cepted 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. SCHEDULE. That no inconvenience may arise from the alterations and amend- ments made in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained : Section" \. That all the laws- of this Commonwealth, in force at the time of the adoption of this Constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims and con- tracts, as well of individuals as of bodies corporate, shall continue as if this Coiistitution had not been adopted. § 2. The oaths of office herein directed to be taken may be admin- istered by any Judge or Justice of the Peace, until the General Assem- bly shall otherwise direct. § 3. No officer shall be superseded by the adoption of this Con- stitution, but the laws of the State relative to the duties of the several officers, Legislative, Executive, Judicial and Military, shall remain in full force, though the same be contrary to this Constitution, and the several duties shall be performed by the respective officers of the State, according to the existing laws, under the organization of the Government, as provided for under this Constitution, and the enter- ing into office of the officers to be elected or appointed under said Government, and no longer. § 4 It shall be the duty of the General Assembly which shall con- vene in the year 1850, to make an apportionment of the representa- tion 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 Eepresentative?, 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 Sen- ators shall go out of office, and on that day an election for Senators and Eepresentatives shall be held throughout the State, and those then elected shall hold their offices for one year, and no longer : Pro- vided, 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. Constitution of Kentucky, 1850. 469 § 5. All recognizances heretofore taken, or wliicli may be taken before the organization of the Judicial Depai^tment under this Consti- tution, shall remain as yalid 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 re-organization of the Judicial Department under this Constitution, may be prosecuted to judgment and execution, in the name of the Commonwealth. We, the Kepresentatives of the freemen of Kentucky, in Convention assembled, in their name, and by the authority of the Commonwealth of Kentucky, and in virtue of the powers vested in us, as Delegates from the counties respectively afiBxed to our names, do ordain and proclaim the foregoing to be the Constitution of the Commonwealth of Kentucky from and after this day. Done at Frankfort, this eleventh day of June, in the year of our Lord one thousand eight hundred and fifty, and in the fifty-ninth year of the Commonwealth. JAMES GUTHEIB, President of the Convention, and Member from the city of Louisville. (Attest) Tho. S. Helm, Secretary of the Convention. Tho. D. Tilfoed, Assistant Secretary. Adair. Kathan Graither. Alien. George W. Mannsfield. Anderson. George W. Kayanaugh. Ballard and MeOra^ken. Bichard D. Gholson. Ba/rrem. John T. Rogers, Robert D. Manpin. Bath. James M. Nesbitt. Boone. Charles Chambers. Bov/rbon. George W. Williams, Richard H. Hanson. Boyle. Albert G. Talbott. Braxiken. "William C. Marshall. BreathUt and Morgan. John Hargis. Breckemridge, Daniel J. Stephens. BuUitt, William R. Thompson. Butler and EdTnonson. Vincent S. Hay. Caldwell. Willis B. Machen. Galloway and Marshall. Edward Curd. ^ Ira Root. OampbeU. Carroll and Gallatin, John T. Robinson. Carter and Laurence. Thomas J. Hood. Casey. Jesse Coffey. Christian. John D. Morris. Mnian E. Gray. Clarke. Andrew Hood. Clay, Letcher and Perry. James H. Gtarrard. OumberUmd and Clinton. Michael L. Stoner. Crittenden. Henry R. D. Coleman. Daviess. Philip Triplett, 470 Constitution of KsNTnoKT, 1850. Estill and Owsley. IiUther Brawner. Fayette. James Dudley, Robert N. Wiokliffe. Fleming. "Will W. Blair. Laurel and JRoekcastle. Floyd, Pike and Johnson. Jonathan NeweWi. James M. Lackey. Kenton. John W. Stevenson. Knox wnd Harlan. Silas 'Woodson. Larue. James P. Hamilton. FramMin. Thomas N. Lindsey. Garrard. Grant, WilHam Hendi;^. Orayes. Bichard L. Mayes. Grayson. John T. Thurman. Green. Thomas W. Leslie. Henry B. Pollard. Hardin. Thomas D. Brown, James W. Stone. Harrison. Hugh Newell, Lucius Desha. Hart. Benjamin Copelin. Henderson. Archibald Dixon. Henry. EUjah P. Nuttall. Hickman and Fulton. Thomas James. Hopkins. William Bradley. Jefferson. David Meriwether, "William C. Bullitt, Leuiis. Larkin J. Proctor. Idncoln. John L. Ballinger. Alex. K. Marshall. "William Cowper. Loffan. "William K. Bowling, James "W. Irving.' Louisville (city), James Kudd, "William Preston. Madison. Squire Turner, "William Chenault. Marion. Green Forest. Mason. Peter Lashbrooke, John D. Taylor. Meade. Thomas J. Gk>ugh. Mercer. Thomas P. Moore. Monroe. John S. Barlow. Montgomery. Bichard Apperson. Muhlenburg. Alfred M. Jackson. Nelson. Ben. Hardin. Charles A. "Wickliflfe. Nicholas. Beiviamin P. Edwards. Owen, Howard Todd. Ohio and Hancock. John H. McHenry. Pendleton. John "Wheeler. Palaski. James D. Allicorn. Russell, Nathan McClure. Scott. "WUliam Johnson. Beverly L. Clarke. Shelby. Andrew S. White. George W. Johnston. iS^encer. Mark E. Huston. Taylor. William N". Marshall. Todd. Francis M. Bristow. Tuiigg. Alfred Boyd, Trimble. Wesley J. Wright. Union. Ignatius A. Spalding. Warren. Chasteen T. Dunavan. Washington. Charles Cooper Kelly. Wayne. James S. Chrismau. Whitley. Thomas Rockhold. Woodford, John L. Waller. LOUISIAN-A. The Mississippi river was first seen by Europeans, in 1542, when Hernando De Soto, at the head of a Spanish force, penetrating the country northwestward from Florida, in search of treasure, crossed the river, and continued his progress to some distance beyond. The enterprising leader of this expedition sickened, died, and was buried in its waters, and the shattered remnant that found its way back brought no alluring reports of golden regions to attract other adven- turers thither. In the summer of 1673, the river was again explored by a small party of Canadians, under Father Marquette, and Joliet, a trader ; and, in 1682, S^eur de La Salle made his first expedition to the upper waters of the Missis- sippi, which he subsequently descended to its mouth. He took possession of this vast region in the name of the King of France, giving it the name of " Louisiana," in compliment to his sovereign, Louis XIV. Settlement was first made by the French, mainly for purposes of trade, and in the hope of finding valuable mines. On the 14th of September, 1712, the monopoly of trade and commerce in this region was granted by Louis XIV to Anthony Crozart, for the term of fifteen years, with the permanent right of possession to all mines that he might discover and work, upon the payment to the Crown of certain royalties specified in the grant, which extended to all the lands claimed by France, by virtue of discovery and occupation, from Mexico to Carolina, " and principally the port and haven of the Isle Dauphine, hereto- fore felled Massacre ; the river of St. Louis, heretofore called Mississippi, from the edge of the sea, as fer as the Illinois, together with the river of St. Philip, heretofore called the Missourys, and of St. , Jerome, heretofore called Ouabashe, with all the countries, territories, lakes within land, and the rivers which fall directly or indirectly into that part of the River St. Louis." In 1717, Crozart surrendered his grant to the Crown, and, on the 6th of Sep- tember of that year, the same territory was granted for a term of twenty-five years to the "Western Company," or, as it was afterward called, the " Company of the Indies," of which the celebrated speculating financier, John Law, was the principal mover. He proposed » magnificent scheme for the payment of the national debt, the increase of the government revenues, and the reduction of taxation, by the creation of a bank, and the issue of bills of credit, based upon the fimoied revenues to be derived from the exclusive privileges of trade with Louisiana, and other colonial possessions. Other schemes were added, until the corporation acquired a nominal jurisdiction and power far surpassing that of any ever before acquired by the boldest speculators. The " Mississippi Scheme," after a short run of popularity, soon collapsed, and brought ruin upon all who had invested real wealth in its worthless stocks. It gave, how- ever, an impulse to the growth of Louisiana while the delusion lasted. The "Western Company" surrendered its grant to the Crown in 1730, and the colony of Louisiana remained a Royal province, without further change of jurisdiction, until November,3, 1762, when it was ceded by France to Spain, by a secret convention at Fontainebleau, which was not, however, publicly know^i until 1764. The jurisdiction of Louisiana up to this time had been regarded as extending eastward to the Perdido river, and French settlements had, for a long period, been maintained at Mobile and on Dauphine island, at the entrance of Mobile bay. 472 LomsiANA. By this convention, Spain acquired all the region hitherto claimed by France ■west of the Mississippi river, and the island upon which the city of New Orleans is built upon the east. The remainder of the French territory in this region, east of the Mississippi river, was ceded in 1763 to Great Britain, and a portion of the present State of Louisiana was included in the British Province of West Florida. In 1765, the Spanish authority was asserted in Louisiana, although formal pos- session was not given untU August 18, 1769, the country in the mean time con- tinuing practically under the laws and regulations that had been previously ' established. The Floridas were retroceded to Spain by Great Britain in 1783, and, by the treaty of peace between the United States and Great Britain in 1782-3, the southern boundary of the tJnited States in this region was fixed at the 31st degree of north latitude eastward frbm the Mississippi to the Chattahooche river. By a secret treaty held at St. Bdefonso, October 1, 1800, between Spain and the French Republic, the former agreed, as an incidental condition to a bargain for an increase of the territories of the Duchy of Farma, to enable the infant Duke of Parma, grandson to Ferdinand VII, to bear the title of King, to re-cede the province of Louisiana to France, within six months after the latter had com- plied with their ItaUan engagement. The colony thus conveyed was to have the same extent as whUe in the previous possession of France, and such as it ought to have under treaties subsequently concluded between Spain and other States. This cession remained a secret ixatil negotiations were commenced in 1801, for a purchase by the tJnited States. The occupation of the mouth of the Mississippi river by a foreign power, began to be felt as a serious inconvenience by the citizens of the TJnited States living upon that river and its tributaries, although the right of free navigation of the Mississippi, and the privilege of deposit at New Orleans, or at some other con- venient place on the river, and of exportation free of duty, were guaranteed by treaties. But in 1802, the Spanish Gtovernor of Louisiana closed the port of New Orleans against the United States, which caused intense excitement along the western border of the United States, and active discussions in Congress, upon this violation of the pledges given by a solemn treaty. Propositions were made for the seizure of the port of New Orleans by force, but mUder measures were found, to secure a final and satisfactory settlement of the pending difficulties. The prospect of a new European war, and the possibility of losing his Louisiana possessions altogether, may have influenced Napoleon in deciding to enter upon a negotiation for the sale of the whole of that Province to the United States. It was at first the intention of the American Ministers only to purchase the Island of Orleans, with so much of the Floridas as could be obtained. The negotiation finally ended with the purchase of the whole of the Province, so fer as the claims of France extended, on both sides of the river. By a treaty with France, concluded at Paris on the 30th of April, 1803, the United States acquired the title of the territories formerly known as Louisiana, upon the payment of |15,000,000, viz., $11,250,000 in money, «,nd the obligation to pay certain claims of citizens of the United States against France, on account of supplies furnished, embargoes, and prizes made at sea, to an extent not exceed- ing $3,750,000 more. Although ceded to France by Spain three years before, the latter continued to hold possession until within a few days before its final transfer to the United States, when citizen Lausat, an agent on behalf of France, appeared, and' on the 20th of December, 1803, delivered the Province and its dependencies to General Wilkinson, the agent appointed to receive it on the part of the United States. Louisiana. 473 The President had been authorized, by an act passed on the 31st of October, 1803, to take possession of Louisiana, and hold it until organized by the action of Con- gi'ess ; and on the 10th of November of that year, an act was passed, creating stocJs to the amount of $11,250,000, for the purpose of carrying the agreement ■with France into effect, by making provision for the payments then undertaken. On the same day an act was passed for the settlement of claims against the Government of France, which had been assumed by the United States, to the extent of $3,750,000, making the tofad purchase-money $15,000,000. All treaties with Indian tribes were to be observed until modified by their consent; private rights remained unchanged; and it was stipulated that the inhabitants of the ceded territory should be incorporated into the Union of the United States, and be admitted as soon as possible, according to the principles of the Federal Constitution, to the full enjoyment of all the rights, advantages and immunities of citizens of the United States. On the 26th of March, 1804, the Louisiana purchase was divided into two ter- ritories. The portion south of 33° north latitude, from the Mississippi river westward as far as the Sabine river ; and, on the east of the Mississippi, aU. of the recent purchase south of the Territory of Mississippi as it then existed, was formed into the Territory of Orleans. Under the French Go'vemment, the inhabitants of Louisiana had enjoyed but little political power, and under that of Spain still less. In the establishment of a Territorial Government, the important offices — the Governor, Secretary, and Legislative Council — were appointed by the President. The Spanish Code in force at the time of the transfer was continued, so far as not repugnant to the Constitution and laws of the United States, until it should be altered by law ; the Territorial act established a District Federal Court, and a Superior Terri- torial Court, to consist of three Judges, the inferior tribunals being left to the local government. ' Trial by jury was to be enjoyed in all capital cases, and in such other cases, civil and criminal, as it might be demanded by either party. The writ of habeas corpvs was secured, and the right of giving bail, except in capital cases where the presumption of guilt was strong. The Governor's term was limited to three years, and the Legislative Council to one. On the 2d of March , 1805, the Territory of Orleans was fully organized, as a Territory of the first class, in all respects like Mississippi Territory, and with permission for the organization of a State Government whenever the population should amount to 60,000. The portion of the Louisiana purchase north of Orleans Territory, was at first attached' to Indiana Territory ; but, on the 3d of March, a separate Territorial Government, of the second class, was formed. No part of this Territory was included within the present State of Louisiana. The inhabitants of Orleans Territory were authorized, by an act of Congress, approved February 20, 1811, to form a Constitution and State Government. To this end, the Territorial Legislature was to provide for an election of delegates to a Convention which was authorized to meet at New Orleans, on the 1st Mon- day of November of that year, and, having first voted upon the expediency of forming a Constitution or not, were to proceed (if the vote was favoratle) to declare, in behalf of the people of the Territory, that it adopted the Constitution of the United States. Whereupon it might proceed to frame a State Constitution upon principles consistent with the National Constitution. It was also required to contain the fundamental principles of civil and religious liberty, and secure to the citizens the trial by jury in criminal cases, and the privilege of the writ of habeas corpus. All laws, records, and judicial and legislative proceedings 60 474 Louisiana. were to be preserved in the English language. All unappropriated lands were to remain the property of the United States, and, while they so continued, they were not to be taxed ; and the right of navigation of the Mississippi river was to remain forever free, as a common highway of the citizens of the United States, without any tax, duty, impost or toll therefor. A Convention, called under these conditions, met at the appointed time and place, and on the 22d of January, agreed upon a Constitution, and on the 28th upon an Ordinance consenting to the terms imposed by Congress relating to the public lands. The Constitution having been submitted to the people and ap- proved, the State was admitted into the Union by an act passed April 8, 1812, which took effect upon the 30th of that month. In the discussions which arose in Congress, upon the erection of Orleans Terri- tory as a State, it was noticed that the Constitution of the United States had not provided for the admission of States formed out of acquired territory, and a member from Massachusetts, who opposed the measure, expressed his deliberate opinion, that such a disregard of the fundamental law would be a virtual disso- lution of the Union ; releasing the States that composed it from obligation of adhe- sion to each other, and making it the right of aU, as it would be the duty of some, to prepare for a definite separation — amicably if they might, forcibly if they must. The right of secession was thus announced in Congress fifty years before the experiment was actually attempted. It shocked the patriotism of southern members, and was ruled out of order, but was further explained as having been uttered " not for agitation, but as a warning ; not from hostility to the Union, but from an earnest desire to preserve it." By the enabling and admitting acts of Congress, and the Preamble of the Con- stitution itself, the boundaries of the State east of the Mississippi, included only that part south of the Iberville and Amite rivers, and the lakes Manrepas and Ponchartrain. These limits were enlarged to include all south of 31° north lati- tude, and west of the Pearl river, by an Act of Congress passed April 14, 1812, and accepted by the State of Louisiana. The first Constitution of this State was, in arrangement, phraseology and pro- visions, much like that of Kentucky of 1799, which appears to have been used as the modeL The legislative power was vested in a Senate and House of Representatives, who held an annual sessson at the seat of Gfovemment. Senators were chosen for four years, one-half bieniaUy, and Representatives for two years. Their dis- tricts were to be equalized in 1813, and once in four years afterward by a census of electors. The Governor held for four years, and, with the advice and consent of the Senate, appointed Judges, Sheriffs, and sfll other oflScers not otherwise pro- vided for. The judicial power was vested in a Supreme Court, holding sessions in districts, and at the seat of Grovemment, and in such inferior courts as might be established by law. The Judges of the Supreme Court held their offices dur- ing good behavior, but might be removed on the address of three-fourths of each House of the General Assembly, an opportunity forahearing and defense being first allowed. The only mode of revision of the Constitution provided was by Convention, and the question of calling a Convention, was left to the decision of the people at two annual elections. The proposed amendments were also to be enumerated in the acts submitting the question to the people as to whether a Convention was to be called. Laws were accordingly passed, January 30, 1841, and February 25, 1842, for ascertaining whether a Convention was desired; an election was ordered by an act approved January 26, 1843, and a Convention assembled at Jackson, August 5, 1844. It adjourned August 24, 1844, to New Orleans, where Louisiana. 475 it assembled January 14, 1845, and, on the 16th of May, agreed upon an amended Constitution, which -was ratified at an election held November 5th of that year. Tinder this Constitution the sessions of the General Assembly were made biennial, and the equalization of representation was based upon a census of elec- tors, to be taken in 1847 and 1855, and decennially afterward. The Supreme Court consisted of a Chief Justice and three Associate Judges, appointed for eight years, in classes, so that a vacancy occurred once in two years. Their appointment still remained with the Governor and Senate, but the Legislature was empowered to provide otherwise. District Courts were created, the Judges being appointed for six years. Amendments might be made at two successive sessions of the General Assem- bly, and be ratified by the people at an election ; the amendments, if more than one, being submitted separa,tely. A Constitutional Convention was again called in 1852, which met at Baton Rouge on the 5th of July, and, on the 31st of that month, agreed upon a new Constitution, which was ratified at the November election following. Among the more important changes, made at this time, was the creation of a Board of Public Works, and the estabUshment of an elective judiciary. The term of Representatives was continued at two years, but their sessions were again made annual. Representation was based upon a census of the whole pop- ulation, to be taken in 1853, 1858, 1865, and decennially afterward. Certain restrictions upon the creation of the public debt were removed, and more ample provision was made for the maintenance of public schools. On the 11th of December, 1860, the General Assembly called a Convention to meet on the 23d of that month, and on the'25th, this Convention passed an Ordi- nance of Secession by a vote of 113 to 17, but refused, by a vote of 84 to 45, to submit the question to the people for their decision. On the 21st of March, tMs Convention accepted the " Confederate Constitution" without submitting it to the people, and on the 27th it adjourned, after making certain changes in the State Constitution. The property of the United States — including bullion in the mint, and money in the custom-house, at New Orleans — was seized by the State government, with the approbation of the Convention. The funds thus obtained were transferred to the " Confederate " government. A State government, in sympathy with the rebellion, continued nominally in existence until the close of the war. On the 6th of April, 1864, a Convention, called in pursuance of a proclamation of Governor Hahn, under the auspices of General Banks, commanding the TTnited States forces in the Department of the Gulf, assembled at New Orleans, to form a new Constitution. Having completed this labor on the 23d of July, they adjourned on the 25th, subject to the call of the President. It was approved at an election in September, 1864, by a vote of 6,836 to 1,566, and an election of State ofiScers was held. Restrictions upon commercial intercourse, in the part east of the Mississippi, were removed by President Johnson on the 29th of April, 1865, and, in the remainder of the State, on the 22d of May of the same year. The government instituted in Louisiana in 1864 was not recognized by Con- gress, and, under the reconstruction measures adopted in 1867, this State was included in the Fifth Military District. A registration of voters took place, in which 45,199 white, and 84,431 colored, voters were registered ; and, at an election on the question of a Convention, 75,083 votes were cast for, and 4,006 against, the measure. A Convention met early in December, 1867 ; and, on the 7th of March, 1868, it adopted the Constitution given in our text, which was ratified at an election by a vote of 46,737 to 34,076. 476 LomsiAjfA. The State was admitted to representation in Congress, by an act passed on the 25th of June, 1868, upon conation of her ratification of the Fourteenth Article of amendment to the Constitution of the TJnited States, which occurred on the 9th of July, 1868 ; and, on the 13th of July, the goyernment was turned over by the military to the civil authorities. CONSTITUTION OF LOUISIANA, 1868. STTMMAET. Titles. I. Bill of Bights. n. Legislative Department, m. Executire Department. IV. Judiciary Department, y. Impeachment. VI. General Provisions. Vn. Pnhllc Education. Vni. Militia. IX. Mode of Revising the ConstitnUon. X. Schedule. XI. Ordinance. PKEAMBLE. TITLE l.—Bmof Mghti. Abtigi.es. 1. AU men created equal — Inalienahle rights — object of governments. 3. Citizens of the State — allegiance due to the tTnited States — citizens to enjoy equal rights and privileges. 3. Slavery prohibited. 4. Freedom of speech and of the press. 5. Bights of assembling and of petitioning. 6. Prosecution by Indictment or information — rights of persons accused of crime — witnesses — counsel — witness against one's self — second trial. 7. Right of bail — writ of habeas corpus. 8. Excessive ball and fines — cruel punish- ments. 9. Security against illegal seizures and searches. 10. Courts to be open — right of justice. 11. Laws fixing the price of mannal labor for- bidden. 13. Religious freedom. 13. Equal rights upon public conveyances and at licensed places. 14. Bights not enumerated to remain unim- paired. TITLE U.— Legislative Dqmrtment. 15. Legislative power, how vested. 16. Term of members of House. 17. Representatives, when chosen — General Assembly, when to meet. 18. Electors eligible to the House — their qual- ifications. 19. Elections to be held at places designated. 20. Representation, how equalized — census in 1875 and decennially after — new census. 21. Apportionment upon total population — number of members. 22. Present Representative and Senatorial Dis- 23. Officers of House. 34. Privilege of electors 35. Registry of electors. 26. Electors to vote in the parish where they reside. 27. Senators — term — officers of Senate. 28. Senatorial Districts, when to be formed, 39. Parishes not to be divided in forming Sena- torial Districts. 30. Population, how divided in forming Sena- torial Districts — fractions — terms of Senators not to be reduced. 31. Classification of Senators. Abticlss. 33. First and subsequent election of Senators. 83. Quorum— power to compel attendance. 34 Powers of each House. , 35 Rules— punishment or expulsion of mem- bers, 56, Journals — yeas and nays. 37. Power over persons not members. 36. Adjournments limited. 39. Pay of members — limited. 40. Privilege of members — freedom of debate. 41. Members not eligible to other offices. 42. Passage of bills. 43. Bills for raising revenue — not to embrace other subjects. 44. Elections to fill vacancies. 45. Vote on nominations to the Senate — Ex- ecutive Journals to be published. 46. Returns of elections of members. 47. Elections of Senators to Congress, TITLE lIL—MxeeuUveDepartmenls. 48. Executive power, how vested — term — election— case of equal vote. 49. Qualifications. 50. Ineligible for next two years. 51. Term, when to begin — oath. 53. Certain officers ineligible. 63, Lieutenant-Governor, when to act — re- moval of Governor and Lieutenant-Gov- ernor — case of such vacancies, 64. Pay of Lieutenant-Governor when acting as Governor. '65. Lieutenant-Governor to be President of Senate — President jwo tempore. 66. Salary of Governor. 57, Salary of Lieutenant-Governor. 58, Pardoning power. 69. Commander-in-Chief. 60. Appointing power — proviso. 61. To fill vacancies in office. 62. May require information of officers. 63. To communicate by message. 64. May convene General Assembly — when, at other place than seat of government. 65. To take care that laws are executed. 66. Veto power. 67. Joint orders and resolutions to be signed by Governor. 68. Secretary of State — duties. 69. Treasurer of State— Auditor of Public Ac- counts — election — term. 70. Election — vacancies in office. 71. Salaries of Treasurer and Auditor. 72. Commissions, how issued, signed and sealed, TITLE W.—JudbAary Department. 73. Judiciary power, how vested. 74. Supreme Court— jurisdiction. 75. How composed — salaries of Justices — how appointed — terms — qualifications — Clerks of Court. 76. Sessions of Supreme Court. 77. May issue writs of habeas corpus. 78. Judgments, how rendered — case of recusa- tion of Judges, 79. Judges, conservators of the peace— style of process, 80. Judges to refer to law — to adduce the reasons for their judgments. 478 GONSTXTUTION OF LoXflSIANA^ 1868. AUTICLES. 81. Judges liable to iinpeacliment — remoTal. 82. None but judicial functions to be attached to Supreme Court — Judges not to re- ceive fees. 83. Judicial Districts — District Courts — juris- diction — number of Districts — Clerks to be electors. 84. Salary of Judges of District Courts — CLuali- fications. 85. Jurisdiction of District Courts. 86. ParishCourts — term of Judges— qualifica- tions. 87. Jurisdiction of Parish Courts. 88. Appeals in orobate cases. 89. Justices of Peace — election — term. — juris- diction. 90. Case of a Judge recused — other cases of disqualification. 91. Other powers may be vested in Parish Judges. 92. Attorney-General — salary — term — Dis- trict Attorneys — salary. 93. Sheriflfs — Coroners. 94. Judicial powers not to be otherwise con- ferred — except in towns and cities — jurisdiction of such officers. TITLE Y.—Invpeachmmt 95. Power vested in House of Kepreseutatives. 96. Officers who^e impeachments are to be tried by Senate — how tried. 97. Judgments limited— parties liable to fur- ther trial. TITLE YI.—GeneralJProvi8ion3, 98. Qualifications of voters. 99. Claases excluded from voting — proviso. 100. Oaths of Members of General Assembly and other officers. 101. Treason defined — how proved. 102. Penalties to be proportioned to offenses. 103. Protection to right of suflfrage. 104. Money to be paid from treasuiy only by law — reports of receipts and expendi- tures. 105. Civil officers to be voters — to reside in Districts and keep their offices as law directs. 106. Removal of civil officers. 107. Elections by people to be by ballot — i^ General Assembly viva voce. 108. None but citizens of United States and of State to hold office. 109. Law?, records and proceedings to be in English language. 110. JExpost facto laws — obligation of contracts — vested rights. 111. Case of debt for war purposes. 113. Change of venue. 113. General laws to be enacted for certain pur- poses. 114. Object of laws to be expressed in title. 115. Laws not to be revived or amended by title. 116. No code of laws to be enacted by reference to another code. 117. No person to hold more than one office. 118. Taxation to be uniform — property to be taxed according to its value — property exempt — income tax — licences — ^to rata taxes — poll tax. 119; Debts contracted!^ for rebellion void. 120. General Assembly to provide for filling vacancies in oflice. 121. No property qualifications for office al- lowed. 122. Officers to continue until successors are qualified — exce^jt in cases of impeach- ment or suspension. 128. Kights of property of married women — record of mortgages — tacit mortgages and privileges. Abticles. 124. Pension of soldiers of war of 181^15. 125. Military to be subordinate to civil power. 126. Paupers. 127. Consideration of agreements, If in Con- federate money, etc., to be void. 128. Contracts for sale of persons, void. 129. Kepudiation of debts incurred in aid of rebellion — emancipated slaves not to be paid for. 130. Contracts for services of children made without their knowledge, void — cases ^ when a child may be bound out for term ^ of years. 131. Seat of government fixed at New Orleans- how it may be changed. 132. Lands sold under decrees of courts. 133. Clerks of courts not to exercise judicial Sowers. iers, etc., not to acquire residence by being stationed. TITLE YTJ, — Public Educati&n, 135. At le&st one free school to be established in each parish — children entitled to school privileges- no separate schools for any race. 136. No municipal corporation to make rules contrary to spirit of Constitution. 137. Superintendent of Public Education— term — duties— salary. , 138. Schools to be conducted in English lan- guage. 139. School fund, how formed— to be invio- lable. 14Q. No private school or institution to receive public moneys. 141. One-half of poll-tax^ how applied. 142. University to be maintained in city of New Orleans — organization -i- to be open to all — no rules to be adopted against spirit of Constitution. 143. Benevolent tnstitutionB. TITLE YTXL.~~MilUia. 144. Militia to be organized — persons liable to duty. 145. Officers, how appointed— to take an oath. 146. Militia, when called into active service — pay when thus called. TITLE IX. —Mode of Revising the Constiiution. 147. Amendments, how made by General As- sembly—how published and ratified — if more than one, to be submitted separately. TITLE X. — Se7i£dule. 148. Secession ordinance void — Constitution of 1864 superseded. 149. Bights, claims, etc., continued — judg- ments, sales, marriages, etc., valid — certain laws excepted, and titles recited. 150. Laws regulating duties of officers con- tinued. 151. Removal of causes now pending to courts created by Constitution. TITLE SI.— Ordinances. 152. Constitution to be submitted to voters. 153. Election, when and how held — vote, how cast. 154. Election of civil officers — who to vote. 155. Persons allowed to vote at first election. 156. Officers who are to superintend election — Commissioners of election. 157. Returns, how made: 158. Civil officers, when to enter upon duties. 159. First session of General Assembly — to adopt XlVth article of amendment. 160. Oath of Registrars and Commissioners. 161. Payment of Registrars, Commissioners and other officers. Constitution of Louisiana, 1868. 479 PREAMBLE. We, the people of Louisiana, in order to establish justice, insure domestic tranquillity, promote the general welfare, and secure the blessings of liberty to ourselTes and our posterity, do ordain and establish this Constitution. TITLE L BILL OF BIGHTS. Akticle 1. All men are created free and equal, and have certain inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. Akt. 3. All persons, without regard to race, color, or previous con- dition, born or naturalized in the United States, and subject to the jurisdiction thereof, and residents of this State for one year, are citizens of this State. The citizens of this State owe allegiance to the United States ; and this allegiance is paramount to that which they owe to the State. They shall enjoy the same civil, political, and public rights and privileges, and be subject to the same pains and penalties. Aet. 3. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. Aet. 4. The press shall be free ; every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of this liberty. Aet. 5. The right of the people peaceably to assemble and petition the Government or any Department thereof, shall never be abridged. Aet. 6. Prosecutions shall be by indictment or information. The accused shall be entitled to a speedy public trial by an impartial jury of the parish in which the offense was committed, unless the venue be changed. He shall not be compelled to give evidence against him- self; he shall have the right of being heard by himself or counsel ; he shall have the right of meeting the witnesses face to fece, and shall have compulsory process for obtaining witnesses m his favor. He shall not be tried twice for the same offense. Aet. 7. All persons shall be bailable by sufficient securities, unless for capital offenses, where the proof is evident or the presumption great, or unless, after conviction, for any crime or offense punishable with death or imprisonment at hard labor. The privilege of the writ of habeas corpus shall not be suspended. Aet. 8. Excessive bail shall not be required; excessive fines shall not be imposed; nor cruel nor unusual punishments inflicted. 480 Constitution of Louisiana, 1868. Aet. 9. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be Tiolated ; and no warrant shall issue but upon probable cause, supported by oath or afl&rmation, and particularly describing the place to be searched, or the person or things to be seized. Aet. 10. All courts shall be open ; and eyery person for injury done him in his land, goods, person, or reputation, shall have adequate remedy, by due process of law, and justice administered without denial or unreasonable delay. Art. 11^ No law shall be passed fixing the price of manual labor. Aet. 12. Every person has the natural right to worship God accord- ing to the dictates of his conscience. No religious test shall be required as a qualification for oflBce. Aet. 13. All persons shall enjoy equal rights and privileges upon any conveyance of a public character; and all places of business, or of .public resort, or for which a license is required by either State, parish, or municipal authority shall be deemed places of a public character, and shall be opened to the accommodation and patronage of all persons, without distinction or discrimination on account of race or color.' Aet. 14. The rights enumerated in this title, shall not be construed to limit or abridge other rights of the people not herein expressed. TITLE II. legislative depaetmbkt. Aet. 15. The Legislative power of the State shall be vested in two distinct branches : the one to be styled the House of Eepresentatives, the other the Senate ; and both, the Greneral Assembly of the State of Louisiana. Aet. 16. The members of the House of Eepresentatives shall con- tinue in office for two years from the day of the closing of the general elections. Aet. 17. Eepresentatives shall be chosen on the first Monday in Kovember, every two years ; and the election shall be completed in one day. 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. Aet. 18. Every elector under this Constitution shall be eligible to a seat in the House of Eepresentatives; and every elector who has reached the age of twenty-five years shall be eligible to the Senate: Provided, That.no person shall be a Eepresentative or Senator, unless 1 An act was passed I'ebruary S3, 1869, to give effect to tMs article. Constitution of Louisiana, 1868. 481 at the time of his election he be a qualified elector of the Eepresenta- tire or Senatorial District from which he is elected. Aet. 19. Elections for members of the General Assembly shall be held at the several election precincts established by law. Aet. 20. Kepresentation in the House of Eepresentatives shall be equal and uniform ; and, after the first General Assembly elected under this Constitution, shall be ascertained and regulated by the total popu- lation, each parish in the State being entitled to at ledst one Eepre- sentatiye. A census of the State by State authority shall be taken in the year eighteen hundred and seventy-five, and every ten years there- after. In case of informality, omission, or error in the censas returns from any parish or election district, the General Assembly may order a new census taken in such parish or election district ; but until the State census of eighteen hundred and and seventy-five, the apportion- ment of the State shall be made on the basis of the census of the United States for the year eighteen hundred and seventy. Abt. 31. The General Assembly at the first session after the making of each enumeration shall apportion the representation amongst the several parishes and Kepresentative Districts, on the basis of the total population, as aforesaid. A Eepresentative number shall be fixed, and each parish and Eepresentative District shall have as many Eep- resentatives as the number of its total population wiU entitle it to have; and an additional Eepresentative for any fraction exceeding one-half of the Eepresentative number. The number of Eepresenta- tives shall never exceed one hundred and twenty, nor be less than ninety. Abt. 22. Until an apportionment shall be made in accordance with the provisions of article twenty, the representation in the Senate and House of Eepresentatives shall be as follows : For the parish of Orleans : First Representative District, 2 Second do 3 Third do 4 Fourth do 2 Fifth do 2 Sixth do 1 Seventh do 2 Eighth do 1 Ninth do 2 Tenth do 3 Orleans, right bank 1 Ascension, 2 Assumption, 2 Avoyelles, 2 Baton Rouge, east, 3 Baton Rouge, west, 1 61 Bienville, i Bossier 2 Caddo, 3 Calcasieu, 1 Caldwell, 1 Carroll, 2 Catahoula, 1 Claiborne 2 Concordia, 2 De Soto, 2 Feliciana, east, 2 Feliciana, west, 1 Franklin, X Iberville, 2 Jackson, i J[efferson, 4 482 Constitution of Lovisiana, 1868. Lafeyptte, 1 Lafourche, 2 Livingston 1 Madison, 1 Morehouse, 1 Natchitoches, 2 Ouachita 2 Plaquemines, 1 Pointe Coupee, 2 lUipides, 3 Sabine, 1 St. Bernard, 1 St. Charles, 1 St. Helena, 1 St. James, 2 St. John Baptist, 1 St. Landry, 4 St. Martin, 2 St. Mary, 2 St. Tammany, 1 Tensas, 2 Terrebonne, 2 Uni^n, 1 "Vermillion, 1 Washington, '. 1 Winn, 1 Total, 101 And the State shall be divided into the fbllowing Senatorial Dis- tricts, to wit : The first, second, and third Representative Districts of New Orleans shall form one Senatorial District, and elect three Senators. The fourth, fifth, and sixth Eepresentative Districts of New Orleans shall form one District, and elect two Senators. The seventh, eighth, and ninth Eepresentative Districts of New Orleans and the parish of St. Bernard shall form one District, and elect two Senators. The tenth Eepresentative District of New Orleans shall form one District, and elect one Senator. Orleans, right bank, and the parish of Plaquemines shall form one District, and elect one Senator. The parishes of Jefferson, St. Charles, and St. John Baptist shall form one District, and elect two Senators. The parishes of Ascension and St. James shall form one District, and elect one Sena.tor. The parishes of Assumption, Lafourche, and Terrebonne shall form one District, and elect two Senators. The parishes of Vermillion and St. Mary shall form one District, and elect one Senator. The parishes of Calcasieu, Lafayette, and St. Landry shall form one District, and elect two Senators. The parishes of Livingston, St. Helena, Washington, and St. Tam- many shall form one District, and elect one Senator. The parishes of Pointe Couple, East Feliciana, and West Peliciana shall form one District, and elect two Senators. The parish of East Baton Eouge shall form one District, and elect one Senator. The parishes of West Baton Eouge, Iberville, and St. Martin shall form one District, and elect two Senators. Constitution of Louisiana, 1868. 483 The parishes of Concordia and Avoyelles shall form one District, and elect one Senator. The parishes of Tensas and Franklin shall form one District, and elect one Senator. The parishes of Carroll, Madison, and Morehouse shall form one District, and elect two Senators. The parishes of Ouachita and Caldwell shall form one District, and elect one Senator. The parishes of Jackson and Union shall form one District, and elect one Senator, i The parishes of Bossier, Bienville, and Claihorne shall form one District, and elect two Senators. The parish of Caddo shall form one District, and elect one Senator. The parishes of De Soto, Natchitoches, and Sabine shall form one District, and elect two Senators. The parish of Eapides shall form one District, and elect one Senator. The parishes of Catahoula and Winn shall form one District, and elect one Senator. Thirty-six Senators in all. Art. 33. The House of Representatives shall choose its Speaker and other officers. Abt. 24. Electors in all cases, except ti-eason, felony, or breach of the peace, shall be privileged from arrest during their attendance on, going to, and returning from, elections. Abt. 35. At its first session under this Constitution, the General Assembly shall provide by law that the names and residence of all qualified electors shall be registered, in order to entitle them to vote ; but the registry shall be free of cost to the elector. Art. 36. No person shall be entitled to vote at any election held in this State, except in the parish of his residence, and at the election precinct in which he is registered: Provided, That no voter, in removing from one parish to another, shall lose the right in the former, until he has acquired it in the latter. Abt. 37. The members of the Senate shall be elected for the term of four years ; and, when assembled, the Senate shall have the power to choose its own officers, except as hereinafter provided. Akt. 38. The General Assembly shall divide the State into Senatorial Districts whenever it apportions representation in the House of Repre- sentatives. Art. 39. No parish shall be divided in 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 484 Constitution of Louisiana, 1868. which most of its territory is taken, or to another contiguous District, at the discretion of the General Assembly ; taut shall not be attached to more than one District. The number of Senators shall be thirty- six, and thay shall be apportioned among the Senatorial Districts according to the total population of said Districts. 1 Akt. 30. In all apportionments of the Senate, the total population of the State shall be divided by the nu^iber thirty-six, and the result produced by this division shall be the Senatorial ratio entitling a Senatorial District to a Senator. Single or contiguous parishes shall be formed into Districts having a population the nearest possible to the number entitling a District to a Senator ; and if 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 otherwise. No new apportion- ment shall have the effect of abridging the term of service of any Senator already elected at the time of making the apportionment. After an enumeration has been made, as directed in the 30th article, the General Assembly shall not pass any law till an apportionment of representation in taoth Houses of the General Assembly be made. Akt, 31. At the first session of the General Assembly, after this Constitution goes into effect, the Senators shall be divided equally by lot into two classes ; the seats of the Senators of the first class to be vacated at the expiration of the term of the first House of Eepre- sentatives ; those 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 successively. When a District shall have elected two Senators, their respective terms of ofiBce shall be determined by lot between themselves; Akt. 32. The first election for Senators shall be held at the same time with the election for Representatives ; and thereafter there shall be elections of Senators at the same time with each general election of Eepresentatives, to fill the places of those Senators ^hose term of oflBce may have expired. Art. 33. Not less than a majority of the members of each House of the General Assembly shall form a quorum to transact business ; but a smaller number may adjourn from day to day, and shall have full power to compel the attendance of absent members. Akt. 34. Each House of the General Assembly shall judge of the qualifications, elections and returns of its members ; but a contested election shall be determined in such manner as may be prescribed by law. Akt. 35. Each House of the General Assembly may determine the rules of its proceedings, punish a member for disorderly conduct, and. Constitution of Louisiana, 1868. 485 with a concurrence of two-tWrds, expel a member ; but not a second time for the same offense. Akt. 36. Each House of the General Assembly shall keep, and pub- lish weekly, a journal of its proceedings ; and the yeas and nays of the members on any question, at the desire of any two of them, shall be entered on the journal. Akt. 37. Each House may punish by imprisonment any person not a member, for disrespect and disorderly beharior in its presence, or for obstructing any of its proceedings; such imprisonment shall not exceed ten days for any one offense. Art. 38. Neither House shall adjourn for more than three days, nor to any other place than that in which it may be sitting, during the session of the General Assembly, without the consent of the other. Akt. 39. 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. This compensation 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 Eepre- sentatives by which such alterations shall have been made. No session shall extend beyond the period of sixty days, to date from its com- mencement, and any legislative action had after the expiration of said period of sixty days shall be null and void ; but the first General Assembly that shall convene after the adoption of this Constitution, may continue in session for one hundred and twenty days. Akt. 40. The members of the General Assembly, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during their attendance at the sessions of their respective Houses, and going to or returning from the same ; and for any speech or debate in either House shall not be questioned in any other place. Akt. 41. No Senator or Representative, during the term for which he was elected, nor for one year thereafter, shall be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which may have been increased, during the time such Senator or Representative was in oflBce. Akt. 43. No bill shall have the force of a law until on three several days it be read in each House of the General Assembly, and free dis- cussion allowed thereon, unless four-fifths of the House where the bill is pending may deem it expedient to dispense with this rule. Art. 43. All bills for raising reVenue shall originate in the House " of Representatives > but the Senate may propose amendments, as in other bills : Provided, It shall not introduce any matter under the color of an amendment which does not relate to raising revenue. / 486 Constitution of Louisiana, 1868, Art. 44 The General Assembly shall regulate by whom, and in what manner, writs of election shall be issued, to fill the vacancies which may occur in either branch thereof. Aet. 45. On the confirmation or rejection of the officers to be appointed by the Governor, with the advice and consent of the Senate, the vote shall be taken by yeas and nays, and the names of the Sena- tors voting for and against the appointments respectively shall be entered on the journals to be kept for the purpose, and made public on or before the end of each session. Aet. 46. Eeturns of all election for members of the General Assem- bly shall be made to the Secretary of State. Aet. 47 In the year in which a regular election for a Senator of the United States is to take place, the members of the General Assembly shall meet in the hall of the House of Eepresentatives, on the second Monday following the meeting of the General Assembly, and proceed to said election. TITLE III. EXECUTIVE DEPAETMBNTS. AetiClb 48. The Supreme Executive power of the State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Louisiana. He shall hold his office during the term of four years, and, together with the Lieutenant-Governor, chosen for the same term, be elected as follows : The qualified electors for Representatives shall vote for Governor and Lieutenant-Governor at the time and place of voting for Eepresentatives ; the returns of every election shall be sealed up and transmitted by the proper returning officer to the Sec- retary 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 in case of a tie vote between two or more candidates, one of them shall immediately be 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 in case of a tie vote between two or more candidates, one of them shall be immediately chosen Lieuten- ant-Governor by joint vote of the members of the General Assembly. Aet. 49. No person shall be eligible to the office of Governor or Lieutenant-Governor who is not a citizen of the United States, and a resident of this State two years next preceding his election. Constitution of Louisiana, 1868. 487 [Art. 50.1 The Governor shall he ineligible for the succeeding four years after the expiration of the time for which he shall have been elected.] Art. 51. The Governor shall enter on the discharge of his duties on the second Monday in January next ensuing his election, and shall continue in office until the Monday next succeeding the day that his successor shall be declared duly elected, and shall have taken the oath or affirmation required by the Constitution. Art. 53. No member of Congress, or any person holding office under the United States government, shall be eligible to the office of Gov- ernor or Lieutenant-Governor. Art. 53. In case of impeachment of the Governor, his removal from office, death, refusal or inability to qualify, or to discharge the powers and duties of his office, 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, or the disability be removed. The General Assembly 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, declaring what offi- cer shall act as Governor; and such officer shall act accordingly, until the disability be removed, or for the remainder of the term. Art. 54. The Lieutenant-Governor, or officer discharging the duties of Governor, shall, during his administration, receive the same com- pensation to which the Governor would have been entitled had he continued in office. Art. 55. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, but shall only vote when the Senate is equally divided. "Whenever he shall administer the government, or shall be unable to attend as President of the Senate, the Senators shall elect one of their own members as President of the Senate for the time being. Art. 56. The Governor shall receive a salary of eight thousand dol- lars per annum, payable quarterly on his own Warrant. Art. 57. The Lieutenant-Governor shall receive a salary of three thousand dollars per annum, payable quarterly upon his own war- rant. Art. 58. 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 Senate, have power to grant pardons, [and] remit fines and forfeitures, 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 pardoning shall be vested. In cases when the punishment is not imprisonment at hard labor, the party I Abrogated in 1870, by a vote of 64,476 to tant-General—Quartermaster-General. XL Addition to Art. IX, viz : §9. Election of Sheriffs — terms— vacan- cies, g 10. Choice of Land Agent and Attor- ney-General -^ vacanues. Constitution of Maine, 1820. 509 Abtioles. Xn. Kesidence not lost by absence in military service of United States, or of the State— .voting of persons absent on military service — returns liow made — Addition to Article IX, viz : $ 11. Vote of certain absent persons on AjtTIOLEB. a day different from that appointed for electton in 1864. Xm. Bonds for war debt authorized — dls- tribntion of bonds— Commissionere. XIV. Division of towns into voting districts— inhabitants upon islands.. PREAMBLE. We, the people of Maine^ in order to establish justice, insure tran- quillity, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging, with grateful hearts, the goodness of the Sovereign Ruler of the Universe, in affording us an opportunity so favorable to the design ; and, imploring His aid and direction in its accomplish- ment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine, and do ordain and establish the following Constitution for the government of the same. ARTICLE I. DEOLAKATIOlf OF EIGHTS. SEeTioif 1. All men are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, pos- sessing and protecting property,^ and of pursuing and obtaining safety and happiness. § 2. All power is inherent in the people ; all free governments are founded in their authority, and instituted for their benefit ; they have, therefore, an unalienable and indefeasible right to institute govern- ment, and to alter, reform or totally change the same, when their safety and happiness require it. § 3. All men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences ; and no one shall be hurt, molested or restrained in his person, liberty or estate, for worshipping God in the manner and season most agree- able to the dictates of his own conscience, nor for his religious pro- fessions or sentiments, provided he does not disturb the public peace, nor obstruct others in their religious worship ; and all persons demeaning themselves 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 quali- fication for any ofiBlce or trust under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance. 510 Constitution of Maine, 1820. § 4. Eyery citizen may freely speak, write and publish his senti- ments on any subject, being responsible for the abuse of this liberty. 'So laws shall be passed regulating or restraining the freedom of the press ; and, in prosecutions for any publication respecting the official conduct of .men in public capacity, or the qualifications of those who are candidates -for the suffirages of the people, or where the matter published is proper for public inform^ion, the truth thereof may be given in evidence ; and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to deter- mine, at their discretion, the law and the fact. § 5. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures ; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause, supported by oath or affirmation. § 6. In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel, or either, at his election ; to demand the nature and cause of the accusation, and have a copy thereof; To be confronted by the witnesses against him ; To have compulsory process for obtaining witnesses in his favor ; To have a speedy, public, and impartial trial; and, except in trials oy martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life, liberty, property or privileges, but by judgment of his peers, or the law of the land. § 7. No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury, except in cases of impeachment, or in such cases of offenses as are usually cognizable by a Justice of the Peace, or in cases arising in the army or navy, or in the militia when in actual service, in time of war or public danger. The Legislature shall provide by law a suitable and impartial mode of selecting juries; and their usual number and unanimity, in indictments and convictions, shall be held indis- pensable. § 8. No person for the same offense shall be twice put in jeopardy of life or limb. § 9. Sanguinary laws shall not be passed ; all penalties and punish- ments shall be proportioned to the ofense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punish- ments inflicted. , Constitution of Maine, 1820. 511 § 10.' [All persons, before conviction, shall be bailable except for capital oflfenses where 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 it. ' § 11. The Legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor forfeiture of estate. § 12. Treason against this State shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort. Ifo person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confession in open court. § 13. The laws shall not be suspended, but by the Legislature or its authority. § 14. No person shall be subject to corporal punishment under mili- tary 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. § 15. The people have a right, at all times, in an orderly and peace- able manner, to assemble and consult upon the common good, to give instructions to their Eepresentatives, and to requesjt of either depart- ment of the government, by petition or remonstrance, redress of their wrongs and grievances. § 16. Every citizen has a right to keep and bear arms for the com- mon defense ; and this right shall never be questioned. § 17. No standing army shall, be kept up in time of peace, without the consent of the Legislature; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. § 18. ,No soldier shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law. § 19. Every person for an injury done him in his person, reputation, property, or immunities, shall have remedy by due course of law ; and right and justice shall be administered freely and without sale, com- pletely and without denial, promptly and without delay. § 30. In aU 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. § 21. Private property shall not be taken for public uses without just compensation ; nor unless the public exigencies require it. 1 Tbe Sret clause of tbis section was suspended by Article II of Amendments. 512 Constitution of Maine, 1820. § -33. No tax or duty shall be imposed without the consent of the people, or their Eepresentatives in the Legislature. § 33. Ko title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed ; nor shall any oflSce be created, the appointment to which shall be for a longer time than during good behavior. § 34 The enumeration of certain rights shall not impair nor deny others retained by the people. ' AETICLE II. ELEOTOBS. Sectioit 1. Every male citizen of the United States, of the age of twenty-one years and upward, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for Governor, Senators and Eepresentatives, in the town or plantation where his residence is so established, and the elec- tions shall be by written ballot. But persons in the military, naval, or marine service of the United States, or this State, shall not be con- sidered as having obtained such established residence by being sta- tioned in any garrison, barrack, or military place, in any town or plan- tation ; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established.' § 3. Electors shall, in all cases except treason, felony, or breach of, the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. § 3." No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. § 4.' The election of Governor, Senators and Eepresentatives shall be on the second Monday of September, annually, forever. AETICLE III. DISTEIBUTIOK OF POWEES. Sectiost 1. The powers of this government shall be. divided into three distinct Departments, the Legislative, Executive and Judicial. § 3. No person or persons, belonging to one of these Departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted. • An addition was made to tMa section by Article Ail, of Amendments. ' An addition was made to this section by Article Xli, of AtnfinditientB, wbich provided for the voting of citizens absent on military service. Constitution of Maine, 1820. 513 AETICLE IV.— PAET FIKST. lEGISLATITE POWBK — HOUSE OF EEPBESENTATIVES. Section 1. The Legislatiye power shall be vested in two distinct branches ; a House of Eepresentatives and a Senate, each to have a negative on the other; and both to be styled, the Legislature of Maine : and the style of their acts and laws shall be, " Be it enacted by the Senate and House of Representatives in Legislature assembled." § 2. The House of Eepresentatives shall consist of [not less than one hundred, nor more than two hundred]' members, to be elected by the qualified electors for one year from the day next preceding the annual meeting of the Legislature. The Legislature which shall first 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, callse the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of Eepresentatives 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 num- ber of inhabitants, having regard to the relative increase of population. The number of Eepresentatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty ; [and whenever the number of Eepresentatives shall be two hundred, at the next annual meetings of elections, which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes whether the number of Eepre'sentatives shall be increased or diminished; and if a majority of votes are in favor thereof, it shall be the duty of the next Legislature thereafter to increase or diminish the number by the rule hereinafter prescribed.]" § 3. Each town having fifteen hundred inhabitants may eldct one Eepresentative ; each town having three thousand seven hundred and fifty may elect two ; each town having six thousand seven hundred and fifty may elect three ; each town having ten thousand five hun- dred may elect four ; each town having fifteen thousand may elect five ; each town having twenty thousand two hundred and fifty may elect six ; each town having twenty-six thousand two hundred and fifty inhabitants may elect seven ; but no town shall ever be entitled to more than seven Eepresentatives ; and towns and plantations, duly 1 Amended by Article IV, of Amendments, by substitnting "one Imndredand fifty," for the words included in brackets. 2 This portion was stricken out by Article IV, of Amendments, whicb fixed 150 as (lie number of Eepresentatives to be apportioned. '65 514 Constitution of Maine, 1820. organized, not having fifteen hundred inhabitants, shall be classed, as conyeniently as may be, into'districts, containing that number, and so as not to divide towns; and each such district may elect one Kepresentative ; and when, on this apportionment, the number of Eepresentatives shall be two hundred, a different apportionment shall take place upon the above principle : and, in case the fifteen hundred shall be too large or too small to apportion all the Representatives to any county, it shall be so increased or ^.iminlshed as to give the num- ber of Representatives according to the above rule and proportion ; and whenever any town or towns, plantation or plantatiohs, not entitled to elect a Representative, shall determine against a classifica- tion with any other town or plantation, the Legislature may, at each apportionment of Representatives, on the application of such town or plantation, authorize it to elect a Representative for such portion of time, and such periods, as shall be equal to its portion of representation, and the right of Representation, so established, shall not be altered until the next general apportionment. § 4. No person shall be a "member of the House of Representatives, unless he shall, at the. commencement of the period for which he is elected, have been five years a citizen of the United States; have arrived at the age of twenty-one years ; have been a resident in this State one year, or from the adoption of this Constitution, and for the three months next preceding the time of his election, shall have been, and during the period for which he is elected shall continue to be, a resident in the town or district which he represents. § 5. The meetings ' for the choice of Representatives shall be warned, in due course of law, by the Selectmen of the several towns, seven days, at least, before the election ; and the Selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified elect- ors present, sort, count and declare them, in open town meeting, and, in the presence of the Town Clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the Selectmen, and in open town meeting ; ' [and a fair copy of this list shall be attested by the Selectmen and Town Clerk, and delivered by said Selectmen to each Representative within ten days next after such election.] And the towns and plantations, organized by law,, belong- ing to any class herein provided, shall hold their meetings at the same time, in the respective towns and plantations; and the town and plantation meetings, in such towns and plantations, shall be notified, 1 The words, "within the.State," Inserted hy Article XII of Amendments, a The words in brackets stricken ont by Article XII of Amendments. Constitution of Maine, 1820. 515 held and regulated, the votes received, sorted, counted and declared in the same manner. And the Assessors and Clerks of plantations shall have all the powers, and be subject to all the duties, which Selectmen and Town Clerks have, and are subject to, by this Consti- tution.' And the Selectmen of such towns, and the Assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the Selectmen or Assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by [a majority of all the] ' votes, the Selectmen or Assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election, and the Clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the Secretary's office twenty days, at least, before the first Wednesday in January) annually ; but, in case no person shall have [a majority] ' of votes, the Selectmen and Assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effected, provided that the Legis- lature may, by law, prescribe a different mode of returning, examining and ascertaining the election of the Eepresentatives in such classes. § 6. Whenever the seat of a member shall be vacated, by death, resignation or otherwise, the vacancy may be filled by a new election. § 7. The House of Eepresentatives shall choose their Speaker, Clerk and other officers. § 8. The House of Eepresentatives shall have the sole power of impeachment. AETICLE IV. — PAET SECOND. SENATE. Section" 1. 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 Eepresentatives, by the qualified electors of the dis- tricts into which the State shall, from time to time, be divided. § 3. The Legislature which shall be first convened under this Con- stitution 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, at every subsepuent period of ten years, cause the State to be divided into Districts for the choice of Senators. The District shall conform, as near as may be, to county lines, and be apportioned 1 All after tUa stricken out, and other proylslons substituted by Article XII of Amendments, s Changed, by Article VII of Amendments, to " the highest number of." ' Changed, by Article VII of Amendments, to " the highest number." 516 Constitution of Maine, 1820. according to the number of inhabitants. The number of Senators shall not exceed twenty at the first apportionment, and shall, at each apportionment, be increased until they shall amount to thirty-one, according to the increase in the House of Representatives. § 3. The meetings ' for the election of Senators shall be notified, held and regulated, and the Totes received, sorted, counted, declaired and recorded, in the same manner as those for Representatives. And fair copies of the lists of votes shall b'e attested by the Selectmen and Town Clerks of towns, and the Assessors and Clerks of plantations, and sealed up in open town and plantation meetings ; and the town and plantation Clerks, respectively, shall cause the same to be delivered into the Secretary's oflBce, thirty days, at least, before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of govern- ment by the Assessors of an adjacent town, shall have the privilege of voting for Senators, Representatives and Governor, in such town, and shall be notified by the Selectmen thereof, for the purpose, accord- ingly. § 4. 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 the votes [in] each district, to attend that day and take their seats. § 5. The Senate shall on the said first Wednesday of January, annu- ally, determine who are elected by a majority of votes to be Senators in each district; and, in case the full number of Senators to be elected from each district shall not have been so elected, the members of the House of Representatives, and such Senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of Senators deficient, in every district if there may be so many voted for, elect, by joint ballot, the number of Senators required; and in this manner all vacancies in the Senate shall be supplied, as soon as may be, after such vacancies happen. § 6. The Senators shall be twenty-five years of age at the commence- ment of the term for which they are elected, and in all other respects their qualifications shall be the same as those of the Representatives. § 7. The Senate shall have the sole power to try all impeachments ; and, when sitting for that purpose, shall be on oath or aflBrmation ; and no person shall be convicted without the concurrence of two-thirds 1 The words, "within the State," Inserted by Article XII of Amendments. 2 The words " and also the votes of citizens in the military service, returned into the Secretary's office," were added, and the word "for " was substituted for " in," in the last clause, by Article XII of Amendments. Constitution of Maine, 1820. 517 of the members present. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any office of honor, trust or profit under this State ; but the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law. § 8. The Senate shall choose their President, Secretary, and other officers. AETICLE IV. — PAET THIKD. LEGISLATIVE POWEKS. Section 1. The Legislature shall convene on the first Wednesday of January,' annually, and shall have full power to make and establish aU reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States. § 2. Every bill or resolution, having the force of law, to which the concurrence of both Houses may be necessary, except on a question of adjournment, which shall have passed both Houses, shall be pre- sented to the Governor, and if he approve, he shall sign it ; if not, he shall return it, with his objections, to the House in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass it, it shall be sent, together with the objections, to the other House, by which it shall be reconsidered ; and, if approved bj two-thirds of that House, it shall have the same efiect as if it had been signed by the Governor ; but, in all such cases, the votes of both Houses shall be taken by yeas and nays, and the names of the persons voting for and against the bill or resolution shall be entered on the journals of both Houses, respectively. If the bill or resolution shall not be returned by the Governor within five days (Sun- days excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting. § 3. Each House shall be the judge of the elections and qualifica- tions of its own members, and a majority shall constitute a quorum to do business ; but a srualler 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 shall provide. I Cbanged to second Wednesday of May, by 5th Amendment, but restored by the 8th Amend- ment to the original time. 518 Constitution of Maine, 1820. § 4 Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member, but not a second time for the same cause. § 5. Bach House shall keep a journal, and from time to time publish its proceedings, except such parts as, in their judgment, may require secrecy ; 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 journals. § 6. Each House, during its session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence; for obstructing any of its proceedings; threatening, assaulting, or abusing any of its members for any thing said, done or 'doing, in either House: Provided, That no imprisonment shall extend beyond the period of the same session. § 7. The Senators and Eepresentatives shall receive such compensa- tion as shall be established by law, but no law increasing their com- pensation shall take effect during the existence of the Legislature which enacted it. The expenses of the members of the House of Eepresentatives, in traveling to the Legislature and returning there- from, once in each session, and no more, shall be paid by the State, out of the public treasury, to every member who shall seasonably attend, in the judgment of the House, and does not depart therefrom without leave. § 8. The Senators and Eepresentatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the Legislature, and no member shall be liable to answer for any thing spoken in debate in either House, in any court or place elsewhere. § 9. Bills, orders or resolutions may originate in either House, and may be altered, amended or rejected in the other ; but all bills for raising a revenue shall originate in the House of Eepresentatives, but the Senate may propose amendments, as in other cases: Provided, That they shall not, under color of amendment, introduce any new matter, which does not relate to raising a revenue. § 10. Ko Senator or Eepresentative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which increased, during such term, except such offices as may be flUed by elections by the people : Provided, That this prohibition shall not extend to the members of the first Legislature. § 11. No member of Congress, nor person holding any office under the United States (post officers excepted), nor office of profit under this State, Justices of the Peace, Notaries Public, Coroners, and officers Constitution of Maine, 1820. 519 of the militia, excepted, shall have a seat in either House during his being such member of Congress, or his continuing in such office. § 13. Neither House shall, during the session, vrithout the consent of the other, adjourn for more than two days, nor to any other place than that in which the Houses shall be sitting. ARTICLE v. — PART FIRST. EXECUTIVE POWEE. SECTioifr 1. The supreme Executive power of this State shall be vested in a Governor. § 3. The Governor shall be elected by the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year. § 3. The meetings for election of Governor shall be notified, held and regulated, and votes shall be received, sorted, counted, declared and recorded, in the same manner as those for Senators and Representa- tives. They shall be sealed and returned into the Secretary's office in the same manner, and at the same time, as those for Senators. And the Secretary of State for the time being shall, on the first Wednesday of January then next, lay the lists before the Senate and House of Representatives,' to be by them examined; and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the House of Representatives shall, by ballot, from the persons having the four highest number of votes on the list, if so many there be, elect two persons, and make return of their names to the Senate, of whom the Senate shall, by ballot, elect one, who shall be declared the Governor § 4. The Governor shall, at the commencement of his term, be not less than thirty years of age; a natural born citizen of the United States ; have been five years, or from the adoption of this Constitu- tion, a resident of the State ; and, at the time of his election, and during the term for which he is elected, be a resident of said State. § 5. No person holding any office or place under the United States, this State, or any other power, shall exercise the office of Governor. § 6. The Governor shall, at stated times, receive for his services a compensation, which shall not be increased or diminished during his continuance in office. § 7. He shall be Commander-in-Chief of the army and navy of the State, and of the militia, except when called into the actual service • The wotdfl " and also the lists of votes of citizens in the military service, returned into the Secretary's office," were inserted here by Article XII of Amendments. 520 Constitution of Maine, 1820. of the United States ; but he shall not march nor convey any of the citizens out of the State without their consent, or that of the Legis- lature, unless it shetU become necessary, in order to march or transport them from one part of the State to another, for the defense thereof § 8. He shall nominate, and, with the advice and consent of the Council, appoint, all judicial officers, the Attorney-General, the Sheriffs, Coroners, Eegisters of Probate, and Notaries Public ; and he shall also nominate, and, with the advice and consent of the Council, appoint, all other civil and military officers whose appointment is not, by this Constitution, or shall not by law, be otherwise provided for ; and every such nomination shall be made seven days at least prior to such appointment. § 9. He shall, from time to time, give the Legislature information of the condition of the State, and recommend to their consideration such measures as he may judge expedient. § 10. He may require information from any military officer, or any officer in the Executive Department, upon any subject relating to the duties of their respective offices. § 11. He siiall have power, with the advice and consent of the Council, to remit, after conviction, all forfeitures and penalties, and grant reprieves and pardons, except in cases of impeachment. § 13. He shall take care that the laws be faithfully executed. § 13. He may, on extraordinary occasions, convene the Legislature ; 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 beyond the day of the next annual meeting ; 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. § 14 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, resignation, removal from office, or other disqualification of the President of the Senate, so exercising the office of Governor, the Speaker of the House of Kepresentatives shall exercise the office, until a 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. And whenever either the President of the Senate, or Speaker of the Constitution of Maine, 1820. 521 House, shall so exercise said ofiB.ce, he shall reoeiTe only the compen- sation of Governor, but his duties as President or Speaker shall be suspended ; and the Senate or House shall fill the vacancy, until his duties as Governor shall cease. AETICLE v. — PAET SECOND. COUJS'CIL. Sbctios' 1. There shall be a Council, to consist of seven persons, citizens of the United States and residents of this State, to advise the Governor in the Executive part of the government, whom the Gover- nor shall have full power, at his discretion, to assemble ; and he, with the Counsellors, or a majority of them, may from time to time, hold and keep a Council, for ordering and directing the affairs of State according to law. § 3. The Counsellors shall be chosen annually, on the first Wednes- day of January, by joint ballot of the Senators and Eepresentatives in Convention ; and vacancies, which shall afterwards happen, shall be fiUed in the same manner ; but not more than one Counsellor shall 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 Eepresentatives. § 3. 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 Counsellor may enter his dissent to the resolution of the majority. § 4 No member of Congress, or of the Legislature of this State, nor any person holding any oflBce under the United States, (post-oflBcers excepted), nor any civil ofiBcers 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. AETICLE v.— PAET THIED. ^ SECEETAET. Sectiok 1. The Secretary of State shall be chosen annually, at the first session of the Legislature, by joint ballot of the Senators and Eepresentatives in Convention. § 3. The Eecords of the State shall be kept in the office of the Secretary, who may appoint his deputies, for whose conduct he shall be accountable. § 3. He shall attend the Governor and Council, Senate and House of Eepresentatives, in person, or by his deputies, as they shall respect- ively require. 66 522 Constitution oi Maine, 1820. § 4. He shall carefully keep and preserve the records of all the oflE.cial acts and proceedings of the Governor and Council, Senate and House of Eepresentatives, 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. AKTICLE v. — PART FOUETH. TEBASUBEtt. Section' 1. The Treasurer shall be chosen annually, at the first session of the Legislature, by joint ballot of the Senators, and Repre- sentatives in Convention, but shall not be eligible more than five years successively. § 3. The Treasurer shall, before entering on the duties of his office, give bond to the State, with sureties, to the satisfaction of the Legis- lature, for the faithful discharge of his trust.. § 3. 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 merchant or trader. § 4. 'So money shall be drawn from the treasury, but by warrant from the Governor and Council, and in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money, shall be published at the com- mencement of the annual session of the Legislature. ARTICLE VI. JUDICIAL POWEK. Sbctiok 1. 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. § 3. The Justices of the 'Supreme , Judicial Court shall, at stated times receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no other fee or reward. § 3. They shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate, or House of Representatives. § 4. [All judicial officers, except Justices of the Peace, shall hold their offices during good behavior, but not beyond the age of seventy years.]' § 5. Justices of the Peace and Notaries Public shall hold their offices during seven years, if they so long behave themselves well, at «^ I ^ Changed by Article III of Amendments, limiting the term of judicial officers to seven jears. Constitution of Maine, 1820. 523 the expiration of which term, they may be re-appointed, or others appointed, as the public interest may require. § 6. The Justices of the Supreme Judicial Court shall hold no ofiBce under the United States, nor any State, nor any other office under this State, except that of Justice of the Peace. [Sectlone 1 and 8 added by Article IX of Amendments.] AETIOLE VII. MILITAET. Section' 1. The Captains and subalterns of the militia shall be elected by the written votes of the members of their respective com- panies. 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. § ■%. The Legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making the returns to the Governor of the officers elected j and, if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the Governor shall appoint suitable persons to fill such offices. § 3.' [The Major-Generals shall be elected by the Senate and House of Eepresentatives, each having a negative on the other. The Adju- tant-General and Quartermaster-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 officers ; and all military officers shall be commissioned by the Governor.] § 4. The militia, as divided into divisions, brigades, regiments, bat- talions and companies pursuant to the laws now in force, shall remain so organized, until the same shall be altered by the Legislature. § 5. Persons of the denominations of Quakers and Shakers, Justices of the Supreme Judicial Court, and ministers of the gospel may be exempted from military 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. ' Changed l>y Article X of Amendments. ' See Article Z of Amendments. 524 Constitution of Maine, 1820. . ARTICLE VIII. LITEBATXJKE. A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people ; to pro- mote this important object, the Legislature are authorized, and it shall be their duty to require, the s%veral towns to make suitable provision, at their own expense, 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 State : Provided, That no donation, grant or endowment shall at any time be made by the Legislature to any literary institu- tion 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 interests thereof. AETICLB IX. GEKEEAL PROVISIOIirS. SECTioiir 1. Every person elected or appointed to either of the places or ofl&ces provided in this Constitution, and every person elected, appointed, or commissioned to any judicial, executive, military or other office under this State, shall, before he enter 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 forms may be sabstituted, when the persons shall be conscientiously scrupulous of taking and subscribing an oath. The oaths or affirmations shall be taken and subscribed 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 Eepresentatives before the Governor and Council, and* by the residue of said o'fficers before such person 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 Legislature to Constitution of Maine, 18W. 525 take and subscribe said oaths or affirmations, such oaths or affirma- tions may be taken and subscribed in the recess of the Legislature before any Justice of the Supreme Judicial Court : Provided, That the Senators and Eepresentatives, first elected under this Constitution, shall take and subscribe such oaths or affirmations before the Presi- dent of the Convention. § 3. N"o person holding the office of Justice of the Supreme Judicial Court, or of any inferior court, Attorney-General, County Attorney, Treasurer of the State, Adjutant-General, Judge of Probate, Register of Probate, Eegister of Deeds, SherifiiB or their deputies. Clerks of the Judicial Courts, shall be a member of the Legislature ; and any per- son holding either of the foregoing offices, elected to, and accepting a seat in the Congress of the United States, shall thereby vacate said office ; and no person shall be capable of holding or exercising at the same time, within this State, more than one of the offices before mentioned. § 3. All commissions shall be in th« name of the State, signed by the Governor, attested by the Secretary or his deputy, and have the seal of the State thereto affixed. § 4. And in ease the elections, required by this Constitution 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, afterward, the two Houses shall elect the Council. § 5. Every person holding any civil office under this State, may be removed by impeachment, for misdemeanor in office ; and every per- son holding any office, may be removed by the Governor, with the advice of the Council, on the address of both branches of the Legis- lature. 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. § 6. The tenure of all offices, which are not or shall not be other- wise provided for, shall be during the pleasure of the Governor and Council. § 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years. § 8. All taxes upon real estate, assessed by authority of this State, shall be apportioned and assessed equally, according to the just value thereof. [Sections 9, 10 and 11 added b; Articles XI and Xn of Amendments.] 526 Constitution of Maine, 18W. AETIOLE X. SCHEDULE. Section' 1. The first Legislature shall meet on the last Wednesday in May next. The elections on the second Monday in September annually shall not commence until' the year one thousand eight hun- dred and twenty-one, and, in the mean time the election for Governor, Senators and Eepresentatives shall be on the first Monday in April, in the year of our Lord one thousand eight hundred and twenty; and at this election the same proceedings shall be had as are required at the elections, provided for in this Constitution on the second Monday in September annually, and the lists of the votes for the Governor and Senators shall be transmitted, by the town and plantation clerks, respectively, to the Secretary of State pro tempore, seventeen days at least before the last Wednesday in May next, and the President of the Convention shall, in presence of the Secretary of State pro tempore, open and examine the attested copies of said lists so returned for Sen- ators, and shall have all the powers, and be subject to all the duties, in ascertaining, notifjring, and summoning the Senators, who appear to be elected, as the Governor and Council have, and are subject to, by this Constitution : Provided, He shall notify said Senators fourteen days at least before the last Wednesday in May,' a.nd vacancies shall be ascertained and filled in the manner herein provided; and the Sena- tors to be elected on the said first Monday of April, shall be appor- tioned as follows y The county of York shall elect three. ' The county of Cumberland shall elect three. The county of Lincoln shall elect three. The county of Hancock shall elect two. The county of Washington shall elect one. The county of Kennebec shall elect three. The county of Oxford shall elect two. The county of Somerset shall elect two. The county of PenolDSCot shall elect one. And the members of the House of Eepresentatives shall be elected, ascertained, and returned in the same manner as herein provided at elections on the second Monday of September, and the first House of Eepresentatives shall consist of the following number, to be elected as follows : County of York. — The towns of York and Wells may each elect two Eepresentatives ; and each of the remaining towns may elect one. County of Cumberland. — The town of Portland may elect three Eepresentatives; North Yarmouth, two; Brunswick, two; Gorham, two ; Freeport and Pownal, two ; Eaymond and Otisfield, one ; Bridg- Constitution of Maine, 1820. 537 , ton, Baldwin, and Harrison, one ; Poland and DanYille, one ; and each remaining town,' one. County of Lincoln. — The towns of Georgetown and Phipsbnrg may elect one Eepresentative ; Lewistown and Wales, one; St. George, Gushing, and Friendship, one; Hope and Appleton Eidge, one; Jef- ferson, Putnam and Patricktown plantation, one; Alba and White- field, one ; Montville, Palermo and MontviUe plantation, one ; Wool- wich and Dresden, one ; and each remaining town, one. County of Hancock. — The town of Bucksport may elect one Eep- resentative ; Deer Island, one ; Castine and Brooksyille, one ; Orland and Penobscot, one ; Mount Desert and Eden, one ; Vinalhaven and Isleborough, one ; Sedgwick and Bluehill, one ; Gouldsborough, Sulli- van and plantations Nos. 8 and 9, north of Sullivan, one; Surry Ellsworth, Trenton, and plantation of Mariaville, one ; Lincolnville, Searsmont and -Belmont, one; Belfast and Northport, one; Prospect and Swanville, one ; Frankfort and Monroe, one ; Knox, Brooks, Jack- son, and Thorndike, one. County of Washington. — The towns of Steuben, Cherryfield and Harrington may elect one Eepresentative; Addison Columbia, and Jonesborough, one; Machias, one; Lubec, Dennysville, plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Eobinson, Calais, plantations No. 3, No. 6, No. 7, No. 15, and No. 16, one. County of Kennebec. — The towns of Belgrade and Dearborn may elect one Eepresentative ; Chesterville, Vienna and Eome, one ; Wayne and Fayette, one ; Temple and Wilton, one; Winslow and China, one ; Fairfax and Freedom, one ; Unity, Joy and Twenty-five Mile Pond plantation, one ; Harlem and Malta, one ; and each remaining town, one. County of Oxford. — The towns of Dixfield, Mexico, Weld and plantations Nos. 1 and 4, may elect one Eepresentative ; Jay and Hart- ford, one; Livermore, one; Eumford, East Andover and plantations Nos. 1 and 8, one; Turner, one; Woodstock, Paris and Greenwood, one ; Hebron and Norway, one ; Gilead, Bethel, Newry, Albany and Howard's Gore, one; Porter, Hiram and Brownfleld, one; Waterford, Sweden and Lovell, one ; Denmark, Freyburg and Freyburg Addi- tion, one ; Buckfield and Sumner, one. County of Somerset. — The town of Fairfield may elect one Eepre- sentative ; Norridgwock and Bloomfleld, one ; Starks and Mercer, one ; Industry, Strong and New Vineyard, one ; Avon, Phillips, Freeman and Kingfield, one ; Anson, New Portland, Embden and plantation No. 1, one ; Canaan, Warsaw, Palmyra, St. Albans and Corinna, one ; Madison, Solon, Bingham, Moscow and Northhill, one; Cornville, Athens, Harmony, Eipley and Warrenstown, one. 528 Constitution of Maine, 1820. County of Penobscot. — The towns of Hampden and Newburg may- elect one Eepresentatire ; Orrington, Brewer and Eddington, and plantations adjacent, on the east sidG of Penobscot river, one ; Bangor, Orono and Sunithaze plantation, one; Dixmont, IN^ewport, Carmel, Hermon, Stetson, and plantation No. 4, in the sixth range, one; Levant, Corinth, Exeter, New Charlestown, Blakesburg, plantation No. 1 in third range, and plantation No. 1 in fourth range, one; Dexter, Garland, G-uilford, SangervilM and plantation No. 3 in sixth range, one ; Atkinson, Sebec, Eoxcroft, Brownville, Williamsburgh, plantation No. 1 in seventh range, and plantation No. 3 in seventh range, one. And the Secretary of State, pro tempore, shall have the same powers, and be subject to the same duties, in relation to the votes for Gover- nor, as the Secretary of State hag, and is subject to, by this Constitu- tion ; and the election of Governor shall, on the said last Wednesday in May, be determined and declared in the same manner as other elections of Governor are by this Constitution; and, in case of vacancy in said ofi&ce, the President of the Senate and the Speaker of the House of Eepresentatives shall exercise the oflBce as herein otherwise provided, and the Councilors, Secretary and Treasurer, shall also be elected on said day, and have the same powers, and b| subject to the same duties, as is provided in this Constitution ; and, in case of the death or other disqualification of the President of this Convention, or of the Secretary of State, pro tempore, before the election and qualification of the Governor or Secretary of State, under this Constitution, the persons to be designated by this Convention, at their session in January next, shall have all the powers, and perform all the duties, which the President of this Convention, or the Secre- tary, pro tempore, to be by them appointed, shall have and perform. § 2. The period for which the Governors, Senators and Eepresent- atives, Councilors, Secretary and Treasurer, first elected or appointed, are to serve in their respective 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 our Lord one thousand eight hundred and twenty-two. § 3. All laws now in force in this State, and not repugnant to this Constitution, shall remain and be in force until altered or repealed by the Legislature, or shall expire by their own limitation. § 4. The Legislature, whenever two-thirds of both Houses shall deem it necessary, may propose amendments to this Constitution; and, when any amendment shall be-so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the Constitution of Maine, 1820. 529 Assessors of the seyeral plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at their next annual meetings in the month of September, to give in their rotes on the question, whether such amendments shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this Constitution. § 5. All officers provided for in the sixth section of an act of the Commonwealth of Massachusetts, passed on the 19th day of June, in the year of our Lord one thousand eight hundred and nineteen, entitled, " An act relating to the separation of the District of Maine from Massachusetts proper, and forming the same into a separate and independent State," shall continue in office as therein provided ; and the following provisions of said act shall be a part of this Constitution, subject however to be modified or annulled as therein is prescribed, and not otherwise, to wit : " Section 1. Whereas it has been represented to this Legislature, that a majority of the people of the District of Maine are desirous of establishing a separate and independent government within said District: Therefore, "Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same. That the consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and erected into a separate and independent State, if the people of the said District shall in the manner, and by the majority hereinafter mentioned, express their consent and agreement thereto, upon the following terms and con- ditions : And provided the Congress of the United States shall give its consent thereto, before the fourth day of March next : which terms and conditions are as follows, viz. : " First. All the lands and buildings belonging to the Common- wealth, within Massachusetts proper, shall continue to belong to said Commonwealth, and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one-half thereof to the said Commonwealth, and the other half thereof, to the State to be formed within the said District, to be divided as is hereinafter men- tioned; and the lands within the said District, which shall belong to the said Commonwealth, shall be free from taxation, while the title of said land remains in the Commonwealth ; and the rights of the Com- monwealth to their lands, within said District, and the remedies for the recovery thereof, shall continue the same, within the proposed State, and in the courts thereof, as they now are within the said Com- monwealth, and in the courts thereof; for which purposes, and for the 67 530 . GONSTITUTION OF MAINE, 18W. maintenance of its rights, and recovery of its lands, the said Common- wealth shall ^be entitled to all other proper and legal remedies, and may appear in the courts of the proposed State and in the courts of the United States, holden therein; and all rights of action for, or entry into lands, and of action upon bonds, for the breach of the perform- ance of the condition of settling duties, so called, which hare accrued, or may accrue, shall remain in this Commonwealth, to be enforced, ' commuted, released, or otherwise disposed of, in such manner as this Commonwealth may hereafter determine: JProvided however. That whatever this Commonwealth may hereafter receive or obtain on account thereof if any thing, shall, after deducting aU reasonable charges relating thereto, be divided, one-third part thereof to the new State, and two-third parts thereof to this Commonwealth. " Second. All the arms which have been received by this Common- wealth from the United States, lender the law of Congress, entitled, 'An act making provisions for arming and equipping the whole body of militia of the United States, passed April the twenty-third, one thousand eight hundred and eight,' shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which, the said arms have been received from the United States as aforesaid. " Third. All money, stock or other proceeds, hereafter derived from the United States, on account of the claim of this Commonwealth, for disbursements made, and expenses incurred, for the defense of the State, during the late war with Great Britain, shall be received by this Commonwealth, and when received, shall be divided between the two States, in the proportion of two-thirds tq this Commonwealth, and one-third to the new State. " Fourth. All other property, of every descriprion, belonging to the Commonwealth, shall be holden and receivable by the same as a fund and security, for all debts, annuities, and Indian subsidies, or claims due by said Commonwealth ; and within two years after the said Dis- trict shall have become a separate State, the Commissioners to be appointed, as hereinafter provided, if the said States cannot otherwise agree, shall assign a just portion of the productive property, so held by said Commonwealth, as an equivalent and indemnification to said Commonwealth, for all such debts, annuities, or Indian subsidies or claims, which may then remain due, or unsatisfied ; and all the surplus of the said property, so holden, as 'aforesaid, shall be divided between the said Commonwealth and the said District of Maine, in the pro- portion of two-thirds to the said Commonwealth, and one-third to the said district.; and if, in the judgment of the said Commissioners, the whole of said property, so held, as a fund and security, shall not be Constitution of Maine, 1820. * 531 sufficient indemnification for the purpose, the said District shall be liable for and shall pay to said Commonwealth, one-third of the deficiency. " Fifth. The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this Commonwealth, toward the Indians within said District of Maine, whether the same arise from treaties, or otherwise ; and for this purpose shall obtain the assent of said Indians, and their release to this Commonwealth of claims and stipulations arising under the treaty at present existing between the said Commonwealth and said Indians ; and as indemnification to such new State therefor, this Commonwealth when such arrangements shall be completed, and the said duties and obligations assumed, shall pay to said new State, the value of thirty thousand dollars, in manner following, viz. : The said Commissioners shall set ofi" by metes and bounds, so much of any part of the land within the said District, falling to this Commonwealth, in the division of the public lands, hereinafter provided for, as, in their estimation, shall be of the value of thirty thousand dollars ; and this Commonwealth shall, thereupon, assign the same to the said new State, or in lieu thereof, may pay the sum of thirty thousand dollars, at its election ; which election of the said Commonwealth, shall be made within one year from the time that notice of the doings of the Commissioners, on this subject, shall be made known to the Governor and Council ; and if not made within that time, the election shall be with the new State. " Sixth. Commissioners, with the powers and for the purposes men- tioned in this act, shall be appointed in manner following: The Executive authority of each State shall appoint two ; and the four so appointed or the major part of them, shall appoint two more: but 'if they cannot agree in the appointment, the Executive of each State shall appoint one in addition; not however, in that case, to be a citizen of its own State. And any vacancy happening with respect to the Commissioners shall be supplied in the manner provided for .their original appointment; and, in addition to the powers herein- before given to said Commissioners, they shall have full power and authority to divide all the public lands within the District, between the respective States, in equal shares, or moieties, in severalty, having regard to quantity, situation and quality ; they shall determine what lands shall be surveyed and divided, from time to time, the expense of which surveys, and of the Commissioners, shall be borne equally by the two States; They shall keep fair records of their doings, and of the surveys made by their direction, copies of which records, authenticated by them, shall be deposited from time to time in the 532 « Constitution of Maine, 1820. arcMyes of the respective States ; transcripts of which, properly cer- tiSed, may be admitted in evidence, in all questions touching the subject to which they relate. The executive authority of each State may revoke the power of either or both its Commissioners ; having, however, first appointed a substitute, or substitutes, and may fill any vacancy happening with respect to its own Commissioners ; four of said Commissioners shall constitute, a quorum, for the transaction of business ; their decision shall be final upon all subjects within their cognizahce. In case said commission shall expire, the same not having been completed, and either State shall request the renewal or filling up of the same, it shall be renewed or filled up in the same manner, as is herein provided for filling the same, in the first instance, and with the like powers ; and if either State shall, after six months' notice, neglect or refuse to appoint its Commissioners, the other may fill up the whole commission. "Seventh. All grants of lands, franchises, immunities, corporate or other rights, and all contracts for, or grants of lands not yet located, which have been or may be made by the said Commonwealth, before the separation of said District shall take place, and having or to have effect within the said District, shall continue in full force, after the said District shall become a separate State. But the grant which has been made to the President and trustees of Bowdoin College, out of the tax laid upon the banks within this Commonwealth, shall be charged upon the tax upon the banks within the said District of Maine, and paid according to the terms of said grant; and the Presi- dent and Trustees, and the Overseers of said College, shall have, hold and enjoy their powers and privileges in all respects ; so that the same shall not be subject to be altered, limited, annulled or restrained except by judicial process, according to the principles of law ; and, in all grants hereafter to be made, by either State, of unlocated land within the said District, the same reservations shall be mad« for the benefit of schools and of the ministry, as have heretofore been usual, in grants made by this Commonwealth. And all lands heretofore granted by this Commonwealth, to any religious, literary, or eleemosy- nary corporation, or society, shall be free from taxation, while the same continues to be owned by such corporation, or society. " Eighth. No laws shall be passed in the proposed State, with regard to taxes, actions, or remedies at law, or bars or limitations thereof, or otherwise making any distinction between the lands and rights of property of proprietors, not resident in, or not citizens of said pro- posed State, and the lands and rights of property of the citizens of the proposed State, resident therein ; and the rights and liabilities of all persons, shall, after the said separation, continue the same as if the CoifSTITUTION OF MAINE, 1820. ' . 533 said District was still a part of this Oommonwealth, in all suits pend- ing, or judgments remaining unsatisfied on the fifteenth day of March next, where the suits have been commenced in Massachusetts proper, and process has been served within the District of Maine ; or com- menced in the District of Maine, and process has been served in Massachusetts proper, either by taking bail, making attachments, arresting and detaining persons, or otherwise, where execution remains to be done; and, in such suits, the courts within Massachusetts proper, and within the proposed State, shall continue to have the same jurisdiction as if the said District had still remained a part of the Commonwealth. And this Commonwealth shall have the same remedies within the proposed State, as it now has, for the collection of all taxes, bonds or debts, which may be assessed, due, made, or contracted, by, to, or with the Commonwealth, on or before the said fifteenth day of March, within the said District of Maine; and all officers within Massachusetts proper and the District of Maine, shall conduct themselves accordingly. "Ninth. These terms and conditions, as here set forth, when the said District shall become a separate and independent State, shall, ipso facto be incorporated into, and become and be a part of any Constitution, provisional or other, under which the government of the said proposed State shall, at any time hereafter, be adminis- tered; subject however, to be modified, or annulled, by the agree- ment of the Legislature of both the said States ; but by no other power or body whatsoever." § 6. This Constitution shall be enrolled on parchment, deposited in the Secretary's office, and be the supreme law of the State, and printed copies thereof shall be prefixed to the books containing the laws of this State. DosTB IS OoNTENXios", October 39, 1819. WILLIAM KING, President of the Convention, and Member from Bath. [List of Delegates returned to the ConTention. Tbose marked with a star did not sign the Constitution.] COtTKTY OP CUMBEBLAND. Baldwin IJot Davis, Bridgton Phineas Ingals. BrmmBick Robert D. Dunning, Jonathan Page, Benjamin Titcomb. Cape Elizabeth Ebenezer Thrasher. Doffiville Joseph Hoberts. Dwham Secomb Jordan, Allen H. Cobb. 534 Constitution of Maine, 1820. Falmouth Peter M. Knight, Nathan Buckman. Freeport Solomon Dennison. Gorham Lathrop Lewis, Joseph Adams, James Irish. €lray , Joseph Mcliellan. SarpsweU Stephen Purrington. Harrison Amos Thomas. Minot Asaph Howard, Charles Freeman. New Gloucester Joseph E. Foxcroft, Isaac Gross. North Yarmouth William Buxton, %)hraim Sturdivant, Jeremiah Bux- ton, Calvin Stockbridge.* Poland JosiahDunn, Jr. Portland Albion K. Parris, WiUiam P. Preble, Ezekiel Whit- man,* Henry Smith,* Nicholas Emery,* Asa Clap,* Isaac Hsley.* Pownal , Isaac Cushman. Saymond Zachariah Leach. Scarborough Benjamin Larrabee, Jr. ; Joseph Fogg. Standish Theodore Mussey, James D. Tucker.* Westbrook Silas Estes, Thomas Hemons, John Jones. Windham, Noah Reed,* Josiah Chute.* COUNTY' OF HANCOCK. Belfast Al&ed Johnson, Jr. Belmont James Weymouth. Bluehill Andrew Witham. Brooks Samuel Whitney. Bucksport 1 Samuel Little, Samuel M. Pond.* Oastine William Abbot. Deer Isle Ignatus Haskell, Asa Green. Fden Nicholas Thomas, Jr. Fllsworth Mark Shepard. Frcmkfort Alexander MUliken, Joshua Hall. Ooldsborough Samuel Dayis. Islesborough. Josiah Farrow. Jackson Bordman Johnson. Knox James Weed. Xdncolnville Samuel A. Whitney. Monroe Joseph Nealy. Northport David Alden. Orland Horatio Mason. Prospect Abel W. Atherton, Sea/rsmount Ansel Lathrop. Sullivan George Henman. Surry Leonard Jarvis. Swansville Eleazer Niokerson. Thorndike, Joseph Blethen. Trenton Peter Haynes. Vinalhaven Benjamin Beverage. COUNTY OF KENNEBECK Augusta Daniel Cony, Joshua Gage, James Bridge. Belgrade Elias Taylor- Constitution of Maine, 1820. 535 Ohesterville Ward Locke. China Daniel Stevens. Olinton Herbert Moore. Dearborn Peasley Morrell, Jr.* Fairfax Joel Weltingtou. Farrington Nathan Cutler, Jabez day, Fayette Chiles Smith. Freedom Matthew Bandall. Qardiner Jacob Davis, Sanford Kingsbury. Qreen Luther Bobbins. ffallowell Samuel Moody, William H. Page, Benjamin Dearborn. Sarlevt WiUiam Pullen. Joy , James Parker. Leeds Thomas Francis. Malta John Hilton. Monmouth John Chandler, Simon Dearborn, Jr. Mount Vernon David McGaffey. New Sharon Christopher Dyer. Pittston Eli Young. Seac^eld John Hubbard, Samuel Currier. Rome JohnS. Colboth. Sidney Ambrose Howard, Renel Howard. Temple Benjamin Abbot. Unity Rufus Bumham. Vassalsboro Samuel Redington, Abiel QetoheU, Moses Sleeper.* Vienna Nathaniel Whittier. Waterville Abijah Smith, Ebenezer Bacon. Wayne , Joseph Lamson. Wilton Ebenezer Eaton. Winsloio WUliam Swan. Winthrop Alexander Belcher, Daniel Campbell. COUNTY OP LINCOLN. Alma John Dole. Bath Joshua Wingate, Jr., Benjamin Ames, Boothbay Daniel Rose, John McKown. Bowdoin Joseph Carr. Bowdoinham Ebenezer Herrick, Elihu Hatch. Bristol Samuel Tucker, William McClintock, John Posset. Ga/mden Nathaniel Martin. Gashing Edward Killeran. Dresden Isaac Lillie. Fdgeomb Stephen Parsons. Friendship Melzer Thomas. Georgetown Benjamin Riggs. Sope Fergus McClains. Jefferson Jesse RoweU. Lewiston John Herrick. Jjisbon Nathaniel Eames, James Small. Litchfield John Neal, David C. Burr. Montville Cyrus Davis. Newcastle Ebenezer Farley. 536 Constitution of Maine, 1820. Xfobleborough Ephraim Rollins. Palermo Thomas Eastman. Fhipsburg Parker McCobb.* Putnam Mark Hatch. St. George Joel Miller. Thom,aston Isaac Barnard, John Spear. Topsham Nathaniel Green. Union Robert Foster. Waldoborough Joshua Head, Isaac O. Heed, Jacob D. Ludwig, Jr. Wales Joseph Small. Warren John Miller, Cyrus Eaton. Whitfield Joseph Bailey. Wisca^set Abiel Wood, Warren Rice. Woolvnch Ebenezer Delano. COUNTY OP OXFORD. Albany Asa Cummings, Bethel John Grover. Brownfield James Steele. Buckfield Enoch Hall. Demna/rk Cyrus Ingalls. JHxfield Solomon Leland, EaatAndov&r Sylvanus Poor. Freyburg Judah Dana. Oilead Eliphaz Chapman. Greenwood Isaac Flint. Hartford Joseph Tobin. Sebron Alexander Greenwood. Siram Marshal Spring. Jay Cornelius Holland. lAvermore Benjamin Bradford, Thomas Chase, Jr. Lovell Josiah Heald, 2d. Mexico ; Walter P. Carpenter. Newry Luke ReUy. Norway Aaron Wilkins. Paris James Hooper, Benjamin Chandler. Porter..^ William Towle. Rumford Peter C. Virgin. Summer Calvin Bisbee. Sweden Samuel Neyers. Twmer John Turner, Philip Bradford. Watejrford Josiah Shaw. Weld LaFayette Perkins. Woodstock Cornelius Perkins. COUNTY OF PENOBSCOT. Athinson Eleazer W. Snow. Bangor Joseph Treat. Brewer George Leonard. Cwrmel Abel Ruggles. OoriiUh Andrew Stropg. Dexter Isaac Farrar. Constitution of Maine, 1820. 537 Dixmont Samuel Batman. Eddington Luther Eaton. Mceter : Nathaniel Atkins. Foxcroft Samuel Chamberlain. Garland Amos Gordon. Quilford Joseph Kelsey. Sanipden Simeon Stetson. Mermon ; William Patten. Levant Moses Hodsdon. Jfewburgh John Whitney. New Charleston Daniel Wilkins. Newport Benjamin Shaw. Ororu) Jackson Davis. Orrington John Wilkins. Sangerville Benjamin C. Goss. SeUec William R. Lowney. COUNTT OP SOMERSET. Anson James Collins. Athens Isaiah Dore. Avon Samuel Sprague. Bingham Obed Wilson. Bloomfield Eleazer Coburn. Canaan Wentworth Tuttle. Oorinna WiUiam Elder. ComvUle George Bixby. Embden Andrew McEadden. Fairfield WUliam Kendall, Stephen Thayer.* Freemam, Jonathan Brown. Harmony Robert Evans. Industry Ezekiel Hinkley. Kingfield Joseph Knapp. Madison JohnNeal. Mercer Nahum Baldwin.* New Portland Henry Norton. New Vineyard. Wm. Talcott. Norridgewock Wm. Allen, Jr. Northhill Wm. Butterfield.* Palmyra Samuel Lanoey. Phillips Joseph Dyer. Ripley • Jacob Hale. St. Albans Benjamin French. Solon Elisha Coolidge. Slarks James Waugh. Strong James Mayhew. Warsa/w Stephen Kendall. COUNTY OP WASHINGJTON. Calais William Vance. Cherryfield Joseph Adams. Eastport John Burgin, Jonathan Bartlet.* Ea/rrington James Campbell. Jonesborough Ephraim Whitney. 68 538 Constitution of Maine, 1820. Lubec liemuel Tresoott. Machias John Dickinson. Perry Peter Groulding. MobbiTistion Thomas Vose. Steuben Alexander Nichols, COUNTY OP YORK. Alfred John Holmes. Arundel Simon NoweU. Berwick William Hobbs, Nathaniel Hobbs, Richard F. Cutis. Biddeford George Thacher, Seth Spring. Buxton Grideon Elden, Josiah Paine, Edmund Woodman. Cornish Thomas A. Johnson. Mliot Stephen Neal,* Elisha Shapleigh.* Hollis Ellis B. Usher, Timothy Hodsdon. Kitt&ry Alexander Rice, Joshua T. Chase.* Lebanon Bavid Legrow, Daniel Wood.* lA/merick John Burnham. JAmington David Boyd, Nathan Clark.* I/yman John Low, John Burbank, PanoTisfield David Marston, Abner Hazen. Sacol William Moody, Ether Shepley, George Thacher, Jr. Sanford Elisha Allen,* Timothy Shaw.* Shapleigh John Leighton, John Bod well,* Samuel Heard.* South Berwick Benjamin Green. Waierborough Samuel Bradeen, Henry Hobbs. Wells Joseph Thomas, George W. Wallingford,* Joseph Dane,* Nahum Morrell,* Samuel Curtis, Jr.* York Elihu Bragdon, David Wilcox, Jeremiah Bradbury.* Attest: EOBEET 0. VOSE, Secretary. AMENDMENTS TO THE CONSTITUTION OF MAINE. ADOPTED IIT PUBSUANCE OB THE EOUBTH SECTIOST OE THE TBKTH ARTICLE OE THE OEIGIlSrAL CONSTITUTION". Aeticle I.' The electors resident in any city may, at any meeting duly notified for the choice of Eepresentatives, vote for such Repre- sentatives in their respective ward meetings ; and the Wardens in said wards shall preside impartially at such meetings, receive votes of aU qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the Ward Clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the Wardens, and in open ward meeting ; and a fair copy of this list shall be attested by the Warden and Ward Clerk, sealed up in open ward meeting, and delivered to the City Clerk within twenty- • Adopted in pursuance of a resolve of March 7, 1884. Constitution of Maine, 1820. 539 four hours after the close of the polls. '■ [And the Aldermen of any city shall be in session, at their usual place of meeting, within twenty- four hours after any election, and in the presence of the City Clerk shall examine and compare the copies of said lists, and in case any person shall have received [a majority of all the]' votes, he shall be declared electei by the Aldermen ; and the City Clerk of any city shall make a record thereof, and the Aldermen and City Clerk shall deliver certified copies of such lists to the person or persons so elected, within ten days after the election.] And the electors resident in any city may at any meeting duly notified and holden for the choice of any other civil oflScers, for whom they have been required heretofore to vote in town meeting, vote for such oflBcers in their respective wards, and the same proceedings shall be had by the "Warden and Ward Clerk, in each ward, as in the case of votes for Eepresentatives. And the Aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and in the presence of the City Clerk, shall open, examine and compare the copies from the lists of votes given in the several wards, of which the City Clerk shall make a record, and a return thereof shall be made into the Secretary of State's office in the same manner as Selectmen of towns are required to do. Aet. II.' Ifo person, before conviction, shall be bailable for any of the crimes, which now are, or have been denominated capital offenses since the adoption of the Constitution, where the proof is evident or the presumption great, whatever the punishment of the crimes may be. Aet. III.* All judicial officers now in office or who may be here- after appointed shall, from and after the first day of March, in the year 1840, hold their offices for the term of seven years from the time of their respective appointments (unless sooner removed by impeach- ment or by address of both branches of the Legislature to the Executive), and no longer, unless re-appointed thereto. Aet. IV.' The second section, article fourth, part first, of the Consti- tution, is amended by substituting the words one hundred and fifty-one for "not less than one hundred nor more than two hundred," before the word " members " in said section, so as to establish the number of Eepresentatives for the State at the number of one hundred and fifty-one; and the latter part of said section, being the words and 1 The following Bentence, ending witli the word " election," was stricken out by Article XII of Amendments. 2 Changed by Article YII, of Amendments, to " the highest number of." > Adopted in pursuance of a resolre of Match 30, 1837, as asubstitute for the first clause of Article I, section 10. * Adopted in pursuance of a resolve of March 14, 1889, as a substitute for Article VI, section 4. ' Adopted in pursuance of a resolve of April 6, 1841, 540 Constitution of Maine, 1820. sentences following: "and whenever the number of Eepresentatiyes shall be two hundred, at the next annual meetings of election which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes, whether the number of Repre- sentatives shall be increased or diminished, and if a majority of votes are in favor thereof, it shall be the duty of the next Legislature there- after to increase or diminish the number by the rule hereinafter pre- scribed," shall not be a part of the Constitution ; but one hundred and fifty-one Eepresentatives shall be apportioned according to the rule in this Constitution. Aet. V.' [The annual meeting of the Legislature shall be on the second Wednesday of May, in each year ; and the Governor and other State officers elected for the political year commencing on the first Wednesday of January, in the year of our Lord one thousand eight hundred and forty-five, shall hold their offices till the second Wed- nesday of May, in the year of our Lord one thousand eight hundred and forty-six.] Aet. VL' The credit of the State shall not be directly or indirectly loaned in any case. The Legislature shall not create any debt or debts, liability or liabilities, on behalf of the State, which shall singly, or in the aggre- gate, 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 purposes of war; but this amendment 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, or to any fund which the State shall hold in trust for any Indian tribe. Aet. VIL' The Constitution of this State is amended in the fifth section of the first part of the fourth article, by striking out the words, "a majority of all the," and inserting instead thereof, the words, "the highest number of," and by striking out the words "a majority" where they again occur in the same section, and inserting instead thereof, the words, "the highest number;" also in the first amendment to the Constitution of this State, by striking out the words, "a majority of all the," and inserting instead thereof, the words, "the highest number of." Abt. VIIL' The annual meeting of the Legislature shall be on the first Wednesday of January, in each year ; and the Governor and 1 Sntmitted March 19, 1844; declared adopted March 26, 1845; annulled by Article Vm, of Amendments, s Submitted July 26, 1847 ; declared adopted July 29, 1848. s Submitted August 21, 1850 ; declared adopted May 30, 1851. Constitution of Maine, 1820. 541 other State officers elected for the political year commencing on the second "Wednesday of May, in the year of our Lord one thousand eight hundred and fifty-one, shall hold their oflQces till the first Wed- nesday of January, in the year of our Lord one thousand eight hundred and fifty-two. Akt. IX.' The Constitution of this State is amended as follows. In the sixth Article it is amended by adding the following sections at the end of said Article : " § 7. Judges and Eegisters of Probate shall be elected by the people of their respective counties, by a plurality of the votes given in at the annual election, on the second Monday of September, and shall hold their offices for four years, commencing on the first day of January next after their election-. Vacancies occurring in said offices by death, resignation, or otherwise, shall be fiUfed by election in manner afore- said, at the September election next after their occurrence ; and, in the mean time, the Governor, with the advice and consent of the Council may fill said vacancies by appointment, and the persons so appointed shaU hold their offices until the first day of January thereafter. " § 8. Judges of Municipal and Police Courts shall be elected by the people of their respective cities and towns, by a plurality of the votes given in at the annual meeting in March or April, and shall hold their offices for four years from the Monday following the day of their elec- tion. Vacancies in said office shall be filled by election at the next annual meeting in March or April ; and, in the mean time, the Gov- ernor, with the advice and consent of the Council, may fill said vacan- cies by appointment, until the Monday following said annual meeting." Abt. X.' In the third section of the seventh Article it is amended so that said section shall read : * " § 3. The Major-Generals shall be elected by the Senate and House of Representatives, each having a negative on the other. The Adju- tant-General and the Quarter-Master General shall be chosen annually by a joint ballot of the Senators and Representatives in Convention. But the Adjutant-General shall perform the duties of Quarter-master 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 officers ; and all military officers shall be commissioned by the Governor." Art. XL* The ninth article is amended by inserting at the end thereof the following sections : "§ 9. Sheriffs shall be elected by the people of their respective coun- ties, by a plurality of the votes given in on the second Monday of Sep- 1 Submitted March 17, 1855; declared adopted February 28, 1866. 542 Constitution of Maine, 1820. tember, and shall hold their offices for two years, from the first day of January next after their election. Vacancies shall be filled in the same manner as is provided in the case of Judges and Registers of Probate. " § 10. The Land Agent and Attorney-General shall be chosen annually by joint ballot of the Senators and Kepresentatives in con- vention. Vacancies in said offices, occurring when the Legislature is not in session, may be filled by appointment by the Governor, with the advice and consent of the Council." Aet. XIL' Section one, of Article two, shall be amended by adding thereto the following words : " Ho person, however, shall be deemed to have lost his residence by reason of his absence from the State in the military service of the TJnited States, or of this State." Section four, of Article two, shall be amended by adding thereto the following provisions : " But citizens of the State, absent there- from in the military service of the United States, or of this State, and not in the regular army of the TJnited States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and sixty-four, for Governor and Senators, and their votes shall be counted and allowed in the same manner, and with the same effect, as if given on the second Monday of September in that year. And they shall be allowed to vote for Governor, Senators and. Eepresentatives on the second Monday of September, annually there- after, forever, in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or detachment of not less than twenty soldiers from the State of Maine may be found or stationed, and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid ; and he shall be con- sidered as voting in the city, town, plantation and county in this State where he resided when he entered the service. The vote shall be taken by regiments when it can conveniently be done ; but, when not so convenient, any detachment or part of a regiment, not less than twenty in numbers, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, battalion, battery, company, or part of either, as the case may be, acting as such on the day erf election, shall be supervisors of elections. If no officers, then three non-commissioned officers, according to their seniority, shall be such supervisors. If any officer or non-commissioned officer shall neglect 1 Submitted March 44, 1864. Constitution of Maine, 1820. 543 or refuse to act, the next in rank shall take his place. In case there are no ofiEicers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors of elections. All supervisors shall be first sworn to support the Constitution of the United States, and of this State, and to faithfully and impartially perform the duties of supervisors of elections. Each is authorized to administer the necessary oath to the others ; and certificates thereof shall be annexed to the list of votes by them to be made and returned into the office of the Secretary of State of this State, as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them, shall direct : Provided, however. That due notice and sufficient time shall be given for all voters in the regiment, battalion, battery* detachment, company, or part of either, as the case may be, to vote Eegimental and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers, and also all general and staff officers, and all surgeons, assistant surgeons and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of elections shall prepare a ballot- box or other suitable receptacle for the ballots. Upon one side of every ballot shall be printed or written the name of the county, and also of the city, town or plantation of this State, in which is the residence of the person proposing to vote. Upon the other side shall be the name or names of the persons to be voted for, and the office or offices which they are intended to fill. And, before receiving any vote, the supervisors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has, in fact, a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citizenship, residence, and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote, and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong ; which list shall be certified by them, or by a majority of them, to be correct, and that such resi- dence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before he is allowed to vote, and the check-mark shall be plainly made against his name on the poll-list. They shall sort, count and publicly 544 Constitution of Maine, 1820. declare the votes at the head of their respectiye commands, on the day of election, unless prevented by the public enemy, and, in that case, as soon thereafter as may be; and, on the same day of said declaration, they shall form a list of the persons voted for, with the number of votes for each person against his name, and the oflSce which he is intended to fill, and shall sign and seal up such list, and cause the same, together with the poll-lists aforesaid, to be delivered into the ofi&ce of the Secretary of State aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November, annually thereafter, forever. The Legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice, be found necessary in order more fully to carry into effect the purpose thereof." Section five, of Article four. Part first, shall be amended, by inserting after the word "meetings," in the first line, the words "within this State." The same section shall also be amended, by striking out all after the words " town meeting," in the tenth line, as printed in the Eevised Statutes of eighteen hundred and fifty-seven, to and including the word " election " in the thirteenth line. The same section shall also be amended, by striking out all after the word " Constitution," in the twenty-first line, and inserting in the place thereof the following provisions : " And fair copies of the lists of votes shall be attested by the Selectmen and Town Clerks of towns, and the Assessors of planta- tions, and sealed up in open town and plantation meetings ; and the town and plantation clerks, respectively, shall cause the same to be delivered into the Secretary's oflQce thirty days at least before the first Wednesday of January annually.. And the Governor and Council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the Secretary's ofi&ce, as provided in the amendment to Article second. Section four, of this Constitution; and twenty days before the said first Wednesday of January, annually, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the House of Eepresentatives on the first Wednesday of January annually, and they shall finally determine who are elected." Section three, of Article four, Part second, shall be amended, by inserting after the word "meetings," in the first line, the words "within this State." Section four, of Article four, Part second, shall be amended, by adding after the word " lists," in the second line, the words, " and also the votes of citizens in the military service, returned into the Constitution of Maine, 1820. 545 Secretary's ofiBce." The same section shall also be amended in the last line, by striking ont the word " in," and inserting in place thereof the word "for." Section three, of Article five. Part first, shall be amended, by adding after the words "Senate and House of Eepresentatives," the words, " and also the lists of votes of citizens in the military service, returned into the Secretary's oflBce." Article first of the Amendments to the Constitution of this State, heretofore adopted, shall be amended by striking out all after the word "polls," in the thirteenth line, to and including the word " elec- tion," in the twenty-first line. Article ninth, of said Amendment,' shall be amended, by adding at the end thereof the following provisions : " § 11. But citizens of this State, absent therefrom in the military service of the United States, or of this State, and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote for Judges and Eegisters of Probate, Sheriffs and all other county officers, on the Tuesday next after the first Monday of Ifovember, in the year one thousand eight hundred and sixty-four, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to vote for all such officers on the second Monday in September annually thereafter, forever. And the votes shall be given at the same time and in the same nianner, and the names of the several candidates shall be printed or written on the same ballots, with those for Governor, Senators and Eepresent- atives, as provided in the amendment to Section four of Article second of this Constitution." Aet. XIII.' The State is authorized to issue bonds, payable within twenty-one years, at a rate of interest not exceeding six per cent a year, payable semi-annually, which bonds, or their proceeds, shall be devoted solely toward the re-imbursement of the expenditures incurred by the cities, towns and plantations of the State for war purposes during the rebellion, upon the following basis : Bach city, town and plantation shall receive from the State one hundred dollars for every man furnished for the military service of the United States under and after the call of July second, eighteen hundred and sixty-two, and accepted by the United States toward its quota for the term of three years, and in the same proportion for every man so furnished and accepted for any shorter period ; and the same shall be in full pay- 1 This reference to Article " ninth " has relation to the Eevised Statutes of 1857, in which this Article is made to inclnde Articles IX, X and XI, as divided in this volume, in which tlio arrange- ment adopted In the Legislative Manual of the State of Maine for 1869 is followed. = Submitted March 7, 1868 ; declared adopted October 18, 1868. 69 546 Constitution or Maine, 1820. ment for any claim upon the State on account of its war debts by any such municipality. A commission appointed by the Governor and Council shall determine the amount to which each city, town and plantation is entitled, to be devoted to such re-imbursement ; the surplus, if any, to be appropriated to the soldiers who enlisted or were drafted, and went at any time during the war, or, if deceased, to their legal representatives. The issue of bonds hereby authorized shall not exceed, in the aggregate, three million five hundred thousand dollars, and this amendment shall not be construed to permit the credit of the State to be directly or indirectly loaned in any other case, or for any other purpose. Aet. XIV.' The Legislature may, by law, authorize the dividing of towns having not less than four thousand inhabitants, or having voters i-esiding on any island within the limits thereof, into voting districts for the election of Eepresentatives to the Legislature, and prescribe the manner in which the votes shall be received, counted, and the result of the election declared. 1 Submitted March 18, 1869 ; declared adopted December 15^69. In the resolve snbmitting the amendment {chap. 91, Kesolves of 1869), it is numbered " Xm :" but other amendments having been adopted in 1868, bearing this number, we have designated this as the Fourteenth. MARYLAND. Sir George Calvert, one of the members of the London or Virginia Company uiider its second charter of 1609, became much interested in the colonization of Virginia, and upon the dissolution of that company he was named one of the Koyal Commissioners to whom the government of that colony was intrusted. Having learned that the territory bordering upon the Chesapeake was inhabited only by the natives, he explored the country, and on his return to England, obtained the assent of Charles I for a grant of territory, but died before a charter was executed. It was issued June 20, 1632, to his son Cecilius Calvert, Lord Baltimore, and embraced "all that part of the Peninsula, or Chersonese, lying in the parts of America, between the ocean on the easfand the bay of Chesapeake on the west, divided from the residue therbof by a right line drawn from the promontory or headland called Watkins' Point, situate upon the bay aforesaid, near the river of Wigheo, on the west, unto the main ocean on the east ; and between that boundary on the south, unto that part of the bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the equi- noctial, where New England is terminated ; and all the tract of that land within the metes underwritten (that is to say) passing from the said bay called Delaware bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the river Pattowmack ; thence verging toward the south, unto the further bank of the said river, and following the same on the west and south, unto a certain place called Cinquack, situate near the mouth of the said river, where it disembogues into the bay of Chesapeake ; and thence by the shortest line unto the aforesaid promontory, or place, called Watkins' Point." This grant was made in full and absolute propriety to Lord Baltimore and his heirs, saving the allegiance and sovereign domain to the crown, with all the rights, regalities and prerogatives which the Bishop of Durham enjoyed in that palatinate, to be held of the crown as of the castle of Windsor, in the county of Berks, in free and common soccage, by fealty only for all services, and not in oapite, nor by knight's service, upon the delivery annually of two Indian arrows, and with a reservation of the fifth part of all gold and silver ores. The charter embraced liberal privileges of government, and the right of pass- ing laws without giving a veto power to the King, as had been reserved in other colonies. A spirit of religious toleration governed the counsels of the Lord Pro- prietary, and although himself a Roman Catholic, he allowed more freedom of opinion than was usually then tolerated. The ecclesiastical laws of England, so fkr as related to the consecration and presentation of churches and chapels, were extended to the colony, but otherwise the subject of religion was left to the inhabitants themselves. A conciliatory policy toward the native tribes, saved the colony from the miseries of Indian wars. The mildness of the climate, facility of access, and liberal terms of the charter and early regulations, tended to promote the growth and prosperity of the colony. The first settlement was founded at St. Mary's in 1634, and the first experiment at legislation was made at that place in the following year, by the freemen at large. In 1638-9, provision was made for a Representative Assembly. A body of laws drawn up by the Lord Proprietary in England, and sent over for adoption, was rejected, upon the ground that the legislative power was vested in the inhab- 548 Maryland. itants themselves, and they insisted upon the maintenance of this right. But, although the veto power of the Proprietary was absolute, this right was conceded for the good of the colony. On the 25th of February, 1638, the House of Assembly passed " An act ordain- ing certain laws for the government of this Province," which declared that the Holy Church should have all her rights and liberties ; that the inhabitants should take an oath of allegiance to his majesty ; that the Lord Proprietary should have all his rights and prerogatives, and the inhabitants their rights and liberties, according to the great Charter of England i that right and justice should be done in all causes civil, according to the laws and usages of the Province, or other- wise according to the laws of England, and other declarations of duty and privileges — in all sixteen in number, and forming together an excellent basis for the management of affairs, as the colony was then situated, but limited in its operation to the end of the next General Assembly, or, if none be held within that time, for three years only. The principle of religious toleration was not maintained with inlpartiality. A denial of the Trinity was, in 1649, made blasphemy, punishable by death and confiscation of goods and lands ; and the use of reproachful words or speeches concerning the Virgin Mary or the Holy Apostles or Evangelists, or the calling of names reproachfully to (me another, by applying sectarian terms relating to matters of religion, was punishable by fines, public whipping or imprisonment. Under the protectorate of Cromwell, Roman Catholics were, by an act passed October 20, 1654, expressly denied protection within the Province ; but such as professed faith in Gfod by JesUs Christ, though differing in judgment from the doctrine, worship or discipline publicly held forth, should not be restrained from, but protected in, the profession of their Mth and the exercise of their religion, so as they abuse not this liberty to the injury of others, the disturbance of the peace, or^the practice of licentiousness. In 1692 the Church of England was established in the Province, and, in 1702, the liturgy and ceremonies of that church were required to be performed in all the churches, with such toleration, however, to dissenters, as was allowed under the act of 1 William and Mary. In 1716, test and abjuration acts were passed, which excluded all Roman Catholics from office. In April, 1650, the General Assembly was divided into an Upper and Lower House, the former consisting of the Governor, Secretary, and any one or more of the CouncU, and the latter of Burgesses elected by the counties. The ses- sions of the General Assembly were usually held at St. Mary's, until 1695, when the port of Annapolis became the seat of government. During the protectorate of Cromwell, the Lord Proprietary, by consenting to acknowledge the authority of Parliament, was allowed to retain his station, but civil discord prevailed until the restoration. In 1675, Cecilius, called Lord Baltimore, died, having administered the affairs of the Province more than forty years, with a liberality and. benevolence that greatly tended to the general pros- perity of the Province. He was succeeded by his son, Charles, who had acted several years as Governor, and who subsequently, for a time, administered the government in person. In 1676, a general revision of the laws was made, and the validity of those of doubtful nature was fixed oy an act enumerating those ■which were repealed, and those which were confirmed, . The prosperity of the colony had excited the avarice of Charles II, who began to threaten Lord Baltimore with a writ of quo wasrranto, with the design of annulling his charter. On his return to England, he found James II in power, but public affairs were in an unsettled condition, and his rights in peril, both from the King and his enemies. At length, in April, 1687, the writ of quo war- Maryland. 549 ranto was issued, but, before proceedings could be brought, the revolution of 1688 had placed William and Mary upon the throne. While thus saved by a revolution, the day of reverses was fast approaching. The Lord Proprietary immediately yielded compliance to the change, and sent orders to his deputies to have the accession of the new sovereigns to the throne proclaimed ; but these instructions were delayed until the event had been pro- claimed in all the neighboring colonies, and the authorities hesitated. Malicious rumors were started, pretended leagues between the OathoUcs and Indians for the destruction of the Protestants were reported, and an armed association for the defense of the Protestant religion took possession of the Province. A Convention of the people, called at St. Mary's, August 23, 1689, drew up and forwarded to the King an account of their proceedings, which were approved. In 1691, the King took the government of the colony into his own hands, and a Boyal government was maintained until 1715, when it was restored to the heir of the former Lord Proprietary, who was now of the Protestant faith. But little occurred to disturb the general quiet of the colony, from this event until the period of the American Revolution. The boundaries on the side of Virginia had formerly been disputed by that colony, who claimed that the grant to Lord Baltimore had been made within her territory, but she abandoned these claims in 1658. On the southern line, east of the Chesapeake, some difficulties occurred, which were finally adjusted, June 25, 1668, and the line distinctly indicated as it now exists. The Provinces of Pennsylvania and Delaware, owned by Penn, presented a more difl&oult and lasting source of controversy, which continued to disturb the border for more than a hundred years. In 1685, Penn obtained a decree which afterward became the basis of settlement as regards Delaware, and the line as it now exists, was finally run and marked by Commissioners, and approved on the 11th of January, 1769. In 1732, an agreement was entered into by the Proprietary, which fixed the northern hue of Maryland on a parallel fifteen miles south of Philadelphia ; but, on his learning the extent of his concession, he endeavored to set it aside. A decree in Chancery, in 1750, was obtained by the Penns, to enforce this agree- ment, and, finally, on the 4th of July, 1760, an amicable arrangement was agreed upon, and a deed of settlement signed. Charles Mason and Jeremiah Dixon were employed to run the line between the two Provinces. They arrived in Philadelphia on the 15th of November, 1763, and after fixing upon the starting point, proceeded slowly and carefully to run and mark the line. In the autumn of 1767, having reached a distance of 244 miles from the Delaware, they were stopped by Indian hostilities. The line was not finally continued to its western extremity until 1784. " Mason and Dixon's Line," thus named from the scien- tific gentlemen employed to make the survey, became in after times a ^miliar term for designating the boundary between the free and the slave States. Upon the approach of the Revolution, Provincial Conventions were held at Annapolis, in June, November and December, 1774, and in April, May and July, 1775. On the 26th of July, 1775, an " Association of the Freemen of Mary- land" was formed for the common defense. On the 25th of May, 1776, the Convention resolved to recommend the omission of the King's name in all religious services within the Province (except the second collect for the King in the communion service), until the existing difficulties with the mother country were settled. On the 28th of June, 1776, the former instructions of Delegates in the Continental Congress were withdrawn, and authority was given for con- currence in a declaration of independence. On the 2d of July, the Convention Ordered " that a new Convention be elected 550 Maryland. for the express purpose of forming a new government, by the authority of the people only, and enabling and ordering all things for the preservation, safety and general weal of this country." Elections were to be held viva voce (as formerly), inspectors were named, the qualifications of voters specified, and the first of August designated for the beginning of the election. Meanwhile, all civil oflcers were instructed to continue the exercise of their duties as before. The Delegates thus chosen met at Annapolis on the 14th of August, 1776, and on the 17th chose by ballot a committee, consisting of the President (Mr. Mat- thew Tilghman), Mr. Carroll, barrister, Mr^ William Paca, Mr. Carroll of Car- roUton, Mr. George Plater, Mr. Samuel Chase and Mr. Robert Goldsborough, to prepare a Declaration and Charter of Rights, and a Form of Government for ihe State. A Declaration and Charter of Rights was reported by Mr. Plater on the 27th, and ordered printed for consideration. At this time, Mr. Carroll, barrister, and Mr. Chase, of the committee, resigned, having received instructions from their constituents which, in their opinions, were incompatible with the public good. Their places were supplied on the 30th by the election of Mr. Johnson and Mr. Hooe. The Declaration of Rights and Form of Government, having been discussed from day to day for some time, were finally adopted November 3, 1776, and, after some further amendments, were published on the 8th of that month, and on the 11th the Convention finally adjourned. While the Constitution of Maryland was under discussion, Virginia adopted her first Constitution, in which it confirmed to the people of the neighboring governments their rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, "except the free navigation and use of the rivers Potomaque and Pokamoke, with the property of the Virginia shores and strands bordering on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall, in all other respects, stand as fixed by the charter of King James I in the year 1609, and by the public treaty of peace between the courts of Britain and Prance in the year 1763 ; unless, by act of this Legislature, one or more governments shall be established westward of the Alleghany mountains." This assertion of rights was held to interfere with Maryland, and at once aroused the Convention. In strong terms they denounced these claims, insist- ing that " if the dominion of those lands should be established by the blood and treasure of the United States, such lands ought to be considered as a common stock, to be parceled out, at proper times, into convenient free and independent governments." With some amendments, the Constitution of 1776 remained the organic law of Maryland during more than seventy years. The legislative power was vested in a Senate and House of Delegates, who were together styled the "General Assembly." The Senate consisted of fifteen members ; nine from the western and six from the eastern shore, chosen for five years by electors elected for the purpose by 3.mva voce vote of the qualified voters, and with the power of filling vacancies by their own appointment. The Governor was chosen annually by the joint ballot of the two Houses of the General Assembly, and was assisted by a Council of five members chosen by the same bodies. He had no veto power, and his duties were strictly executive. In 1802, the property qualification of voters was removed, and, in 1810, the like qualification of office holders. The judicial system was also modified, by the formation of Judicial Districts, and the establishment of a Court of Appeals. Still the Constitution was found defective in many important points, and a Mar rx, AND. 551 party fiivoring refprm began to acquire strength. As the House of Delegates was composed of four members from each county, and two from the cities of Baltimore and Annapolis, the smaller and less populous counties bad as much influence as the larger, and, as population concentrated, it came to such result that a minority of the population controlled the whole system of State govern- ment. The idea of re-apportionment of the representation had not entered Into the calculations of the founders of the government. As the Constitution pro- vided no mode of amendment except through the General Assembly itself, by enactment of law at two successive sessions, and as the power thus enjoyed was too agreeable to be surrendered with cheerfulness, especially by the Senate, the advocates of reform encountered great difficulties, which only stimulated to greater efforts. On the 6th of June, 1836, delegates from Cecil, Harford, Baltimore, Frederick, Montgomery and Washington counties, and Baltimore city, met in Convention and adopted resolutions advising the election of Delegates, at the next election, pledged to introduce a bUl for submitting to the people the question of a Consti- tutional Convention. They empowered their President to re-assemble their body, in case their measure failed, " to take such ulterior measures as might be then deemed expedient, just, proper, and best calculated, without the aid of the Legislature, to ensure the accomplishment of the desired results." The Lower House had been for several years in favor of reform, and the principal effort was to be made with the Senate. An election of Senatorial electors was approach- ing, and it was ascertained that a majority of reformers had been elected. But an unexpected crisis here occurred. It was found that twenty-one Whig anfi nineteen Democratic Senatorial electors had been chosen, bat when the time for meeting arrived, only the twenty-one appeared and qualified, and, as the Consti- tution required the presence of twenty-four, nothing could be done. The nine- teen, having met in caucus, determined to secure a majority " of a similar com- plexion with the people electing them, and entertaining the same opinions and sentiments," in the Senate, and as they represented counties which actually had the largest population and greatest number of voters, they claimed the right of nominating eight of the fifteen Senators. This proposition was made and rejected, and thus several days passed. At length one of the nineteen appeared and qualified, and soon six others. The Senate elected was in favor of retbrm ; and the desired amendments, re-organ- izing the Senate, abolishing the Council, and equalizing somewhat the represent- ation, were secured. The Governor and Senate were now to be elected directly by the people, and the Senators were so classified that one-third of their number would be elected every second year. A section was at this time introduced, declaring that the relation of master and slave should not be abolished, unless by a bill passed by a unanimous vote of the members of each House, at two successive sessions, nor then, without full compensation to the master for the property of which he would thereby be deprived. In 1845-46, the Constitution was again amended by making the sessions of thS General Assembly biennial instead of annual. Still a desire for a more thorough revision of the Constitution prevailed, and, at a session of the General Assembly, held in December, 1849, the question of calling a Convention for this purpose was submitted to the people. Of the sixty thousand voters in the State, only about a third voted, yet, the majority being in favor of the measure, an election of Delegates was held, and a Convention met on the 4th of November, 1850. It remained in session until the 13th of May, 1851, when it agreed upon a Constitution, which was ratified by the people on the 4th of June of that year. 552 Mabtland. Among the changes which this Constitution introduced, was the addition of an article in the Declaration of Rights, asserting the " unalienable right to alter the form of the government," and a requirement that, at the next session after every national census, the question of a Convention should be submitted to the people for decision. The elective franchise was guarded against bribery, the Governor's term extended to four years, his pardoning power restrained, and he was required to examine the books and official acts of the Treasurer and Comptroller of the State semi-annually, or oftener if he deemed it expedient. Important changes were made in the legis||itive and judicial departments, and Judges were to be elected, by Districts, for a term of years, instead of being appointed for life as before. The Court of Chancery was abolished. In the troubled condition of the border, during the early period of the rebel- lion, the Legislature of Maryland neglected to provide for a submission of the question of a Convention, after the census of 1860, as was required by the Con- stitution. This occasioned complaint on the part of those who were looking forward to this opportunity for securing certain reforms ; and on the 28th of May, 1862, at a meeting of the Union Convention of the city of Baltimore, a. series of resolutions was unanimously adopted, strongly favoring a firm adhe- sion to the Union and a vigorous support of the general government in the existing war. As a proof of the injustice of representation under the Constitu- tion of 1851, which was based upon the whole population of every class, it was stated, that, " notwithstanding the eight counties (this city included), lying north of the Sassafras and Fatapsco rivers contain about three-fourths of the white population and wealth of this State, and pay more than three-fourths of the taxes, yet, according to the basis of representation under the present Constitu- tion, the southern counties, containing one-fourth of the population and wealth, and paying less than one-fourth of the taxes, possess the virtual control of the whole State, sending 34 out of the 74 Delegates, and 14 out of 21 Senators, to the liegislature, being an average of one Delegate to 3,831 white persons in the south- . ern counties against one Delegate to 9,641 in the northern ; and one Senator to 9,205 in the former against one Senator to 48,205 free white persons in the latter ; and whereas, in the present arrangement of representation, according to which Baltimore city has no more voice in the Senate than counties containing hardly more voters than one of her wards, and was deprived of 15 Delegates to which she was entitled, which were distributed among the southern counties exclu- sively, the object was to secure the power of the State to the slave owners, con- stituting less than 16,000 individuals, as is apparent from the fact that the number of slaves in the city is less than one per cent of the whole population, and that the proportion of slaves to the whites throughout the northern part of the State is less than 4 of the former to 100 of the latter, whilst the proportion in the favored counties is 56 slaves to 100 white people ; and whereas the Judges of the Court of Appeals, and the United States Senators, are elected according to a similar unjust arrangement, for the same purpose of confirming and perpetu- ating this domination of the slave-holding counties ; and whereas, in pursuance of the same partial and iniquitous scheme, the owners of slave property are exempted from equal taxation, while they are compensated to its full value in case of convict slaves — all of which are intolerable burdens to a majority of ou r people, who are, nevertheless, without remedy under the present Constitution ; Therefore, Resolved, That the State Constitution ought to be changed, so as to • correct the present unequal representation of the people in the Legislature, and to secure the right of representation in proportion to white population in all parts of the State." Maryland. 553 Nearly two years, however, elapsed before the opportunity occurred for the remedy of these evils. An act was finally passed", at the January session, in 1864, for calling another Convention. It met April 27th, and adjourned Septem- ber 6th, of that year, after agreeing upon a Constitution in many points different from the former. It declared that the Constitution and laws of the United States were the supreme laws of the land, and that every citizen owed paramount allegiance to the Constitution and Government of the United States, nor was he bound by any law or ordinance in contraventioa or subversion thereof. Slavery was abolished, and the Legislature was forbidden from making compensation to the masters of slaves emancipated by the Constitution. Kepresentation was based upon the white population, and persons who had aided or encouraged rebellion against the United States were denied the elective franchise. A registration of voters was required, and an oath prescribed which excluded those who had aided or encouraged the rebellion. The office of Lieutenant- Governor was created, a system of common school education was provided, and a registration of births, marriages and deaths was required. The right of voting was extended to soldiers in the field, and the mode of conducting the elections upon the adoption of the Constitution was particularly prescribed. The vote upon the Constitution was taken on the 9th and 10th of October, 1864f and was announced on the 29th of October, by Governor Bradford, as follows : For the Constitution, 30,174 Against the Constitution, 29,799 Blank baUots, 61 Ballots reported against the Constitution, but not counted, because the persons offfering them refused to take the oath required by the Consti- tution, 33 Total vote, 60,067 Of these, the home vote was 27,541 /or, and 29,536 against. The soldiers' vote, oounted by the Governor, was 2,633 for, and 263 against. Four returns firom the army were rejected, which gave 285 for, and 5 against. Before the issue of a proclamation, application was made to the Court of Appeals for a mandamus to prevent its issue, which the court refused to grant. The proclamation was issued October 29th, and the new Constitution took effisct November 1, 1864. This Constitution provided for the submission of the question of revision once in twenty years, but allowed it sooner, if the people approved. An act was accordingly passed in January, 1867, for an election, which was held April 10, 1867, which returned 34,534 votes for, and 24,136 against a Convention. The body elected met May 8th, and adjourned August 17th, 1867. An election on the adoption of the Constitution which it prepared, was held September 18, 1867, and gave a return of 27,152 for, and 23,036 against the Constitution. It was declared officially as adopted, September 27, 1867, and has since remained in force. 70 CONSTITUTION OF MARYLAND, 1867. SUMMARY. Abticleb. Declaration of Bights. I. Elective Franchise. n. Executive Department, in. Legislative Department. rV". Judiciary Department. Part I. General Provisions. " n. Court of Appeals. " in. Circuit Courts. " IV. Courts of Baltimore City. *" V. Orphan's Courts. " VI. Justices of the Peace. " VII. Sheriffs. V, Attorney General and State's Attorneys. VI. Treasury Department. Vn. Sundry officers. Vin. Education. IX. Militia and Military Affairs. X. Labor and ACTiculture. XI. City of Baltimore. Xn. Public Works. Xm. New Counties. XIV. Amendments to the Constitution. XV. Miscellaneous. Vote on the Constitution. DECLARATION OF RIGHTS. PREAMBLE. ASTICLES. 1. Origin of government— its object—right to alter and abolish it. 2. Constitution, Laws and Treaties of United States supreme — the Judges and people of State bound thereby. 3. Powers not delected to the United States by its Constitution reserved to State. 4. Right of people to regulate their internal government. 5. Common law of England — trial by jury — English Statutes in force in 1776 — acts of Colonial Assembly — charter rights. tJ. Accountability of officers — right of people to reform old or establish new govern- ment — doctrine of non-resistance to arbitrary power slavish. 7. Right of people to participate in Legislature — elections should be frequent — every white male citizen having qualifications should have right to vote. 8. Distinct departments of government — not to be exercised by same person. 9. No suspension of laws allowed but by Leg- islature. 10. Freedom of legislative debate not to be impeached. 11. Seat of government at Annapolis. 12. The Legislature should be frequently con- vened. 13. Rignt of petition. 14. No tax burden or fees to be levied but by consent of Legislature. 15. Poll taxes not allowed — paupers not to be assessed — eveiy person holding prop- erty should aid in support of govern- ment — &aes and taxes maybe laid for the good of government. 16. Sanguinary laws and cruel punishments for- l)idden. 17. Retrospective laws nn;|uBt — ex post facto laws and retrospective oaths or restric- tions not lawful. Abticlbs. 18. No law to attaint particular persons of trea- son or felony to be passed. 19. Rig;ht of justice. 20. Trial of facts where they arise. 21. Rights of persons accused of crime — coun- sel -witnesses —jury trial. 23. Witness against one's self not required. 23. Rights not to be taken away but by law. 24. Slavery not to be re-established — compen- sation due from United States. 25. Excessive bail and fines— cruel punish- ments. 26. Security against unlawful seizures and searches. 27. Conviction not to work corruption of blood or forfeiture. 28. Militia the natural defense of a free govern- ment. 29. Standing armies dangerous to liberty — ' not to be raised but by Legislature. 30. Military to be subordinate to civil power. 31. Quartering of soldiers. 32. Martial law restricted to military and naval service. 33. Independency of Judges — their removal — not to hold other offices nor receive fees. 34. Rotation in offices of Executive Depart- ments. 35. No man to hold more than one office — no officer of State to hold under United States. 36. Reli^ouB freedom — witnesses must believe in a God, and in moral accounta.bility for acts. 37. No reli^ous test to be required, except belief in a God. 33. Disqualification of ministers of religion from holding certain property without consent of Legislature. 39. Mode of administering oaths. 40. Liberty of the press. 41. Monopolies not to be allowed. 42. No title of nobility to be granted. 43. Legislature to encourage learning,, know- ledgCj arts, sciences, etc. 44. Constitutions to apply as well in war as in peace. 45. This enumeration of rights not to inipair others retained by people. ARTICLE L — Elective Franchise. Sections. 1. Elections to be by ballot — qualifications of electors — residence — removals. 2. Disqualifications from voting. 8. Bribery at elections — penalties. 4. Punishment for illegal voting. 5. Registration of voters. 6. Oath of office. 7. New election in case of refusal to take oath. ARTICLE n. — Executive Department. 1. Executive power vested in Governor — term — first election. 2. Election of Governor — how returned. 8. Plurality to elect — when to qualify. 4. Case of equal vote —House to decide ques- tions of eligibility — vote viva voce ojiA. jointly — case of a tie. 556 Constitution of Maryland, 1867* Sections. 5. Qualifications of QoTemor. 6. Case of death, or resignation, or his lumuval, etc. t. Case of vacancy in recess of General Assem- bly — impeachment. 8. Commander-in-Chief — may call ont militia — when to take command. ' 9. To take care that the laws are executed. 10. Appointing power, 11. Appointments dming recess of Senate. 12. Persons after rejection not to be appointed. 13. Time of nomination to Senate of civil offi- cers — terms, when to be^n. 14. Vacancies during session of Seuate. 15. Courts martial — removal of militia officers. 16. Extra sessions of Legislature or of Senate may be called — when to be called at other place than seat of government. 17. V^to power — three-fifths of both Houses may pass bills over veto — yeas and nays — veto within six days. 18. Governor to examine Treasurer's and Comp- troller's accounts — and to review baiuk and other accounts. 19. Kecommendations to Le^slature. 20. Pardoning power — notice to be given in newspapers — reports to Legislature. 21. Governor's residence and salary. 22. Secretary of State— bow appointed — term — salary — residence. 33. Duties of Secretary of State. ARTICLE Wi. ~ Legislative Depariment. 1. Legislature to consist of two branches — how styled. 3. Election of Sena(»rs — term. 3. Representation in House of Delegates until next National census. 4. Basis of representation in House— Legisla- tive Districts In Baltimore city. 5. Governor to arrange the representation in House — proclamation. 6. Election of Delegates— terms. 7. 1'ime of election. 8. Classification of Senators. 9. Qualifications of Senators and Delegates. 10. Persons ineligible to Legislature. 11. Ministers and preachers not to hold certain offices. 13. Defaulters ineligible. 13. Vacancies in Senate or House, bow filled. 14. Meetings of Legislature. 15. Compensation of members — not to be paid if absent— mileage — extra sessions. 16. Books not to be purchased for members at public cost. 17. Members not to bold certain offices. 18. Freedom of Legislative debate. 19. Powers of each House — officers — rules- expulsion of members. 20. Quorum — power of minority to compel attendance. 21. To sit with open -loors. 22. Journals — yeas and nays, when recorded. 23. Power over persons not members-:- limit — code. 24. House of Delegates may call witnesses — Grand Inquest of the State — may exam- ine accounts — may call for papers and records — may direct all office bonds to be sued for any breach — joint standing committees — powers — reports upon contracts — abuses in expenditures. 25. Special adjournments limited. 26. Impeachments — how tried. 27. Origin of bills — amendments — not be introduced in last ten days be yeas and nays. Final passage — joint resolutions to passed by yeas and nays. ! Sections. 29. Style of laws — mode of enactment— laws to embrace but one subject — to be stated in title — laws wben revived or amended. 30. Bills to be signed by Governor — where recorded. 31. Laws, when to take effect. 32. No money to be drawn from treasury but by law — contingent fund. ~ 33. Local and special laws not to be passed in certain cases — general laws to be pro- vided. 34. Debts not to be contracted without pro- vision for their payment — credit of State not to be given or loaned — case of internal improvements — limit of public debt — temporary deficiencies. 35. Extra compensation to officers, agents or contractors. 36. Lotteries prohibited. 37. Payment for emancipated slaves prohibited — claims may be made upon United States. 38. Imprisonment for debt not allowed. 39. Banks — conditions — liability of stock- holders — books to be open. 40. Private property taken for public use to be paidfor. 41. Dueling to disqualify from office. 42. Parity of elections. 43. Property of married women. 44. Exemption of property from sale. 45. CompenBation of Clerks and Registers limited. 46. General Assembly may receive land from United States. 47. Contested elections. 48. Corporations to be formed under general laws —drafts of laws to be prepared — commissioners — pay — charters may be repealed. 49. Regulation of elections. 50. Bribery, bow punished — evidence — dis- qualification. 51. Taxation of personal property. 53. Appropriations for private claims. 53. Witnesses not incompetent on account of color. 54. Limit of county debts — how authorized and published. 55. Writ of hcUieas corpies not to be suspended. 56. Laws to execute vested powers. 57. Bate of interest fixed at six per cent — may be changed by law. 58. Foreign corporations to be taxed. 59. Pension system abolished. ARTICLE IV. ~- Judiciary D^ariment. Pabt I. — Genbbai. Provisions. 1. Judicial power, how vested — courts of record — seal — Justices of the Peace. 2. Qualifications of Judges. 3. Elections of Judges — term of office — retir- ing of Judges for inability. 4. Removal for incompetency. 5. Governor to fill vacancies. 6. Judges conservators of the peace. 7. No Judge to sit in case where he is inter- ested or related to either party. 8. Trial without jury — removal of cases — appeals. 9. Officers of court, how appointed — pay — Judges to investigate and report. 10. Clerks to keep records — fees — power of Judges — rules for Clerks. 11. Election returns — plurality votes. 13. Case of equal vote — contested elections — new elections. 13. Style of commissions — gr&nts and writs. Constitution of Maryland, 1867. 557 Pabt n, — Court op Appbals. Sections. 14. Composed of eight Judges — Chief Judge, how designsrted — Judge for Baltimore City — his duties — jurisdiction — ses- sions biennially for ten months. 15. Quorum — Judge below not to sit — opinions in three months — hearing at first term. 16. Publication of reports. 17. Clerk of Court of Appeals to be elected— term — removal — vacancy. 18. Rules of appeals — record — practice — costs — reduction of fees — nues of equity. Pabt m. — Circuit Courts. 19. Judicial Districts eight in number. 20. A court to be held in each — style —jurisdic- tion. 21. Chief Judge and two Associates — residence — case of a tie — terms — intermediate terms — one Judge may sit — special terms. 22. Points reserved to be htard in ftcwic — rules therefor — right of appeal not pre- cluded—right not to apply to appeals from Justices of the Peace — nor to cer- tain other cases. 23. Opinions in two months. 24. Salaries not to be diminished. 25. Clerks to be elected — term — removal — vacancies. 26. Deputy Clerks — duties — removal. Part IV. — Courts op Baltimore City. 27. Six courts — names. 28. Jurisdiction. 29. Jurisdiction of Circuit Courts. 30. Jurisdiction of Criminal Court. 31. Supreme Bench of Baltimore city — term — salary. 32. Assignment of Judges— jurisdiction — case of sickness, absence, etc. 33. General terms — rules to be made — juris- diction on motions — right of appeal. 34. No appeal on decisions or appeal from Jus- tices of the Peace — test of writs. 35. Quorum of Supreme Bench. 36. Cases pending to be proceeded with. 37. Clerks to be elected by people — terms — salary — perquisites not allowed — va- cancy in office of Clerk. 38. Authority of Clerks of Common Pleas and Superior Court. 39. Another court in Baltimore city — Ire-appor- tionment of jurisdiction of Baltimore courts — Clerk's bonds^ Part v. — Orphan's Courts. 40. Three Judges to be elected — term — juris- diction —pay — case of vacancy. 41. Register of Wills — terms — vacancy. Part VI. — Justices op the Peace. 42. Governor to appoint Justices — Constables, how appointed — removal — terms — jurisdiction. 43. Vacancies, how filled. Part VII. — Sheriffs. 44. Election — qualification — term — bond — vacancy. 45. Coroners, Elisors and Notaries Public. ARTICLE y. — Att&mey-QeTieral ami 8taU^8 Attorneys. ATTORNET-GENERAL . 1. Elected — terms— removal. 2. Returns to be made to Governor-— case of a tie, Sections, 3. Duties — to give opinions when required— to prosecute suits— salary— not allowed perquisites — other counsel not to be employed. 4. Qnaliflcations. 5. Vacancy. 6. Attorney-General to be notified of State cases. THE state's- attorneys. 7. Election of one in each county — term — removal. 8. Returns to be made to Criminal Judges — - case of tie. 9. Fees — Deputy in Baltimore city. 10. Qualifications. 11. vacancy, how filled. 12. To collect money for State — bond. ARTICLE VI. — Treamry Department. 1. Comptroller and Treasurer to be elected — salary — term — perquisites not allowed — vacancy — office — bond. 2. Comptroller's duties — revenue plans — col- lection of taxes — delinquent collectors forms of accounts — warrants for money — reports to Legislature. 3. Duties or Treasurer — to receive deposits — banks to give securities — payments — warrants — transfer of bonds — loss of bonds. 4. Treasurer to account to Comptroller and to Legislature. 6. When Comptroller and Treasurer to qualify. 6. Governor may remove them. ARTICLE Yn.—Bun'dry Officers. 1. County Commissioners. 2. Surveyor- vacancy. 3. StateLibrarian — salary — bond. 4. Commissioner of Land Office — duties — salary — report of fees. 5. To collect all State papers, records and relics of early history of State, 6. Wreck-master — duties — pay — vacancy. ARTICLE 'YlJl.—EditcatUm. 1. System of free schools — to be maintained by taxation or otherwise. 2. Present system of , Public Schools to expire at a fixed time. 3. School fund to be kept inviolate. ARTICLE IX. — Militia and Military Affairs. 1. Organization, etc., of militia — volunteers. 2. Adjutant-General, how appointed — maybe removed by court-martial — duties — salary. 3. Existing militia law, when to expire. ARTICLE X.—Zabor and Agriculture. 1. Superintendent of Labor and Agriculture — term. 2. Qualifications — when to enter upon office — vacancy. 3. Duties — immigration — salary. 4. State Inspectors — duties — tobacco ware- houses — to inspect allpublic buildings. 5. To Inquire into wealth of State — especially within limits of Chesapeake bay — to suggest plans for increasing revenue. 6. Reports to be made. 7. Term of office limited. ARTICLE XI. — City of Baltimore. 1. Mayor — when chosen — term — ineligible to next term. 2. City .Council -— two branches- number — term, etc. 3. Time of elections. 558 Constitution of Maryland, 1867, SECTIOJfS. 4. Annual sessions to continue ninety days — extra sessions twenty days. 5. Kembers not to hold other office — nor he interested in contracts. 6. Mayor, how removed. t, Bestrictions lipon city debt — how autho- rized—police — extension of debts. 8. Laws now in force continued. 9. General Assembly may make changes — city corporation under its control. ARTICLE XH. — Public Works. \ 1. Board of Public Works, how constituted — sessions — powers. 3. To vote on State stocks — to appoint Directors — Chesapeake and Ohio Canal Company — rates of toll — reports — a certain act declared void. 3. Baltimore and Ohio Railroad Company to exchange S.tate's interest for bonds-— Board may sell Staters interest in other works — banks — Washington branch — ratification by General Assembly. ARTICLE Xm, —New Counties. 1. County seats and lines — consent of voters — limit of new counties. 2. Wicomico county — boundaries to be sub- mitted to voters — Governor's procla- mation—Salisbury the county seat. 3. Division of debts and obligations — taxes — 4. Senators and Delegates of Wicomico county, and counties from which taken. 5. Wicomico in first Judicial District. Sbctions. 6. General Assembly to carry this article into effect. ARTICLE XT^.—Afnendments to the Conati- 1. General Assembly may propose amendments — vote — publication — vote upon — re- turns to Governor ^- proclamation — vote to be separate. 2. Convention in 1887, and every twenty years — Delegates — submission to voters. * ARTICLE 'SN.^MisceUa'nemts. 1. Returns of fees to be made to the Comp- troller annually — excess over salary to be paid to Treasurer — failure for certain time to vacate office — salaries limited. 3. Courts to continue until superseded. 3. Governor and other officers to hold till superseded. 4. New election in case of a tie. 6. Juries to judge of the law as well as of facts. 6. Right of trial by jury in civil cases. 7. General elections to be held in November. 8. Sheriffs to give notice of elections. 9. Terms of office to commence from election — exceptions. Officers, how to qualify — oath to berecorded. 10. Vote on the Constitution. Governor to issue his proclamation directing Sheriffs to give notice of election — to proclaim adoption if ratified. DEOLAKATION OF EIGHTS. We, the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious con- sideration the best means of establishing a good Constitution in this State, for the sure foundation and more permanent security thereof, declare : Article 1. 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 inalienable right to alter, reform or abolish their form of government, in such manner as they may deem expedient.. Art. 3. The Constitution of the United States, and the laws made, or which shall be made, in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, are, and shall be, the supreme law of the State ; and the Judges of this State, and all the people of this State, are and shall be bound there- by ; any thing in the Constitution or law of this State to the contrary notwithstanding. Aet. 3. The powers not delegated to the United States by the Con- stitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof. Constitution of Martland, 1867. 559 Aet. 4. That the people of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State. Art. 5. That the inhabitants of Maryland are entitled to the com- mon law of England, and the trial by jury, according to the course of that lav, and to the benefit of such of the English statutes as existed on the fourth day of July, seventeen htindred and seventy-six; and -which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and prac- ticed 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-seven ; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, arid amendment or repeal by, the Legislature of this State. And the inhabitants of Maryland are also entitled to all property derived to them from or under ^^ charter granted by his Majesty Charles the First to Csecilius Calvert, Baron of Baltimore. Aet. 6. 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 happiness of man- kind. Art. 7. That the right of the people to participate in the Legisla- ture is the best security of liberty and the foundation of all free government ; for this purpose, elections ought to be free and frequent; and every white male citizen, having the qualificatiohs prescribed by the Constitution, ought to have the right of suffrage. Art. 8. That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other ; and no person exercising the functions of one of said depart- ments shall assume or discharge the duties of any other. Aet. 9. That no power of suspending laws or the execution of laws, unless by, or derived from the Legislature, ought to be exercised or allowed. Aet. 10. That freedom of speech and debate, or proceedings in the Legislature, ought not to be impeached in any court of judicature. Aet. 11. That Annapolis be the place of meeting of the Legis- lature ; and the Legislature ought not to be convened or held at any other place but from evident necessity. 560 Constitution of Maryland, 1867. Art. 12. That for redress of grievances, and for amending, strength- ening and preserving the laws, the Legislature ought to be frequently convened. Aet. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner. Abt. 14. That no aid, charge, tax, burden or fees ought to be rated or levied under any pretense, without the consent of the Legis- lature. ♦ Aet. 15. 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 person in the State, or person holding property therein, ought to contribute his proportion of public taxes for the support of the Government, accord- ing 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. Abt. 16. That sanguinary laws ought to be avoided as far as it is consistent with the safety of the State ; and r.o law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter. Akt. 17. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefbre, no ex post facto law ought to be made ; nor any retrospective oath or restriction be imposed, or required. Abt. 18. That no law to attaint particular persons of treason or felony, ought to be made in any case, or at any time, hereafter. Aet. 19. 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, freely without sale, fully without any denial, and speedily without delay, according to the law of the land. Abt. 20. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the people. Aet. 21. 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 ba confronted with the witnesses against him ; to have process for his witnesses ; to examine the wit- nesses 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. Constitution of Maryland, 1867. 561 Art. 33. That no man ougM to be compelled to give eyidence against himself in a criminal case. Akt. 33. That no man ought to be taken or imprisoned or dis- seized of his freehold, liberties or priyileges, or outlawed, or exiled, or in any manner, destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land. Akt. 34. That slavery shall not be re-established in this State ; but having been abolished, under the policy and authority of the United States, compensation, in consideration thereof, is due from the United States. Art. 35. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the courts of law. Akt. 36. That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive ; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or descriUing the place, or the person in special, are illegal, and ought not to be granted. Art. 37. That no conviction shall work corruption of blood or forfeiture of estate.' Art. 38. That a well regulated militia is the proper and natural defense of a free Government. Art. 39. That standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature. Art. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and coiitrol of, the civil power. Art. 31. That no soldier ^ shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law. Art. 33. That no person except regular soldiers, and marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by martial law. Art. 33. 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 in the manner, and for the causes, provided in this Constitution. No Judge shall hold any other office, civil or military, or political trust, or employment of any kind, what- soever, 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. 71 562 Constitution, of Maryland, 1867. Aet. 34. That a long continuance in the Executive Departments of power or trust is dangerous to liberty ; a rotation, therefore, in those Departments is one of the best securities of permanent freedom. Akt. 35. That no person shall hold, at the same time, more than one ofiBce of profit, created by the Constitution or Laws of this State ; nor shall any person in public trust 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. * Aet. 36. 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 j wherefore, no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless, under the color of religion, he 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 Compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, 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. Aet. 37. That no religious test ought ever to be required as a quali- fication for any ofl&ce of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legis- lature prescribe any other oath of office than the oath prescribed by this Constitution. Akt. 38. That every gift, sale or devise of land, fo any minister, pub- lic 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 gospel, as such, or any religious 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 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, shall 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 burning-ground, which shall be im- Constitution of Maryland, 1867. 563 proved, enjoyed or used only for such purpose; or such sale, gift, lease, or devise shall be void. Art. 39. That the manner of administering an oath or aflBrmation to any person, ought 'to be such as those of the religious persuasion, profession, or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divinfe Being. Akt. 40. That the liberty of the press ought to be inviolably pre- served ; 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 privilege. i ' Art. 41. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suf- fered. , Art. 43. That no title of nobility or hereditary honors ought to be granted in this State. Art. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the con- dition of the people. ■■-■'. Art. 44. That the provisions of the Constitution of the United States, and of this State, apply, as well in tjme of war as in time of peace ; and any departure therefrom, or violation thereof, undpr the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism. Art. 45. This enumeration of Eights shall not" be construed to impair or deny others retained by the people. AETIOLE I. . IILECTIVB FRANCHISE'. Sbctioit 1. All elections shall be by ballot ; and every white male citizen of the United States, of the age of twenty-one years, or upward, who has been a resident of the State for one year, and of the legislative district of Baltimore city, or of the county, in which he may offer to vote, for six months next preceding the election, shall be entitled to vate, in the ward or election distrjct in which he resides, at all elections hereafter to be held in this State; and, in case any county, or city, shall be so divided as to form portions of different elec- toral districts, for the election of Eepresentatives ,'in Congress, Sena- tors, Delegates, or, other ofiBcer , then to entitle a person to vote for such ofiftcer, he must have been a resident of that part of the county, or city, which shall form a part of tlie electortil district, in which he 564 Constitution of Maryland, 1867. offers to vote, for six months next preceding the election ; hnt 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 resi- dence in the part of the county, or city, to which he has removed. § 2. No person above the age of tw;enty-one years, convicted of larceny, or other infamous crime, unless pardoned by the Governor, shall ever thereafter be entitled to vote at any election in this State; and no person under guardianship as a lunatic, or as a person non compos mentis, shall be entitled- to vote. § 3. If any person shall give, or offer to give, directly or indirectly, any bribe, present or reward, or any promise, or any security for the payment, or the delivery of money, or any other thing, to induce any voter to refrain from casting his vote, or to prevent him, in any way, from voting, or to procure a vote for any candidate^ or person pro- posed, or voted for, as elector of President and Vice-President of the United States, or Eepresentative in' Congress, or for any ofBce 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 person 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, shall, on conviction in a court of law, in addition to the penal- ties now or hereafter to be imposed by law, be forever disqualified to hold any ofiBce of profit or -trust, or to vote at any election thereafter. § 4 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 ionafide residence therein, but for the purpose of voting at an approaching 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. § 5. The General Assembly shall provide by law for a uniform regis- tration of the names of all the voters in this State, who possesss the qualifications prescribed in this Article, which registration shall be conclusive evidence to the Judges of election of the right of every person, thus registered, to vote at any election thereafter held in this State ; but no person shall vote at any election. Federal or State, here- after to be held in this State, or at any municipal election in the city of Baltimore, unless his name appears in the list of registered voters ; Constitution of MartlaJ^d, 1867. 565 and until the General Assembly shall hereafter pass an act for the registration of the names of voters, the law in force on the first day of June, in the year eighteen hundred and sixty-seven, in reference thereto, shall be continued in force, except so far as it may be incon- sistent with the provisions of this Constitution ; and the registry of voters, made in pursuance thereof, may be corrected, as provided in said law ; but the names of all persons shall be added to the list of qualified voters by the ofBcers of registration, who have the qualifica- tions prescribed in the first section of this Article, and who are not disqualified under the provisions of the second and third sections thereof. § 6. Every person elected, or appointed, to any oflBce of profit or trust, under this Constitution, or under the laws made pursuant thereto, shall, before he enters upon the duties of such office, take and sub- scribe the following oath or affirmation : I, do swear (or affirm, as the case may be), that I will support the Constitution of the United States ; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of '■ — , according to the Constitution and laws of the State ; (and, if a Governor, Sena- tor, member 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 . § 7. 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 sixth section of this article, shall be consid- ered 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 resigna- tion of an office ; and any person violating said oath shall, on con- viction thereof, in a court of law^ in addition to the penalties now, or hereafter, to be imposed by law, be thereafter incapable of holding any office of profit or trust in this State. ARTICLE II. EXECUTIVE DEPAKTMENT. Sectioit 1. The Executive power of the State shall be- vested in a Governor, whose term of office shall commence on the second Wed- nesday 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 566 CoNSTi-fuTioN Of Maryland, 1867. ' the term for which the present incumbent was elected; unless the said oflBce shall become vacant by death, resignation,' removal from the State, or other disqualification of the said incumbent. § 2. An election for Governor, under this Constitution, shall be held on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and on the same day and month in every fourth year thereafter, at the place of voting for Delegates to the General Assembly; and 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 Dele- gates, and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and inclosed and transmitted to the Secretary of State, and delivered to said Speaker at the commence- ment of the session of the General Assembly, next ensuing said election. § 3. The Speaker of the House of Delegates shall then open the said Eeturns, in the presence of both Houses ; and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor, and shall qualify, in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable. § 4 If two or more persons shall have the highest and an equal number of votes for Governor, one of them shall be chosen Governor by the Senate and House of Delegates ; and all questions in relation to the eligibility of Governor, and to the Eeturns 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 lUumber 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 determined by a joint majority of the Senate and House of Delegates ; and the vote shall be taken viva voce. 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 vote should again be equal, then the election of Governor shall be deter- mined by lot between those, who shall have the highest and an equal number on the first vote. § 5. A person to be eligible to the office of Governor, must have attained the age of thirty years, and must have been for ten years a citizen of the State of Maryland, and for five years next preceding his election, a resident of the State, and, at the time of his election, a qualified voter therein. § 6. In case of the death, or resignation of the Governor, or of his removal from the Statei or other disqualification, the General Assem- (JONSTITTTTION OF MARYLAND, 1867. 567 bly, if in session, or if not, at thfeir next session, shall elect some other qualified person to be Governor for the residue of the term for which the said GoTernor had been elected. § 7. In case of any vacancy in the oflBce of Governor, during the recess of the Legislature, the President of the Senate shall discharge the duties of said oflBce, until a Governor is elected, as herein pro- vided for ; and in case of the death or resignation of the said Presi- dent, or of his removal from the State, or of his refusal to serve, then the duties of said oflBce shall, in like manner, and for the same interval, devolve upon the Speaker of the House of Delegates. And the Legis- lature may provide by law for the impeachment of the Governor ; and in case of his conviction, or his inability, may declare what person shall perform the Executive duties; and for any vacancy in said oflBce not herein provided for, provision may be made by law ; and if such vacancy should occur without such provision being made, the Legislature shall be convened by the Secretary of State for the pur- pose of filling said vacancy. § 8. The Governor shall be the Oommander-in-Ohief of the land and naval forces of the State ; and may call out the Militia 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 Legislature. § 9. He shall take care that the laws are faithfully executed. § 10. He shall nominate, and, by and with the advice and consent of the Senate, appoint all civil and military oflBcers of the State, whose appointment, or election, is not otherwise herein provided for ; unless a difierent mode of appointment be prescribed by the law creating the oflBce. * § 11. In case of any vacancy, during the recess of the Senate, in any oflBce which the Governor has power to fill, he shall appoint some suitable person to said oflBce, whose commission shall continue in force until the end of the next session of the Legislature, or until . 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 Legislature. § 12. No person, after being rejected by the Senate, shall be again nominated for the same oflBce at the same session, unless at the request of the Senate ; or, be appointed to the same oflBce during the recess of the Legislature. § 13. All civil oflBcers appointed by the Governor and Senate, shall be nominated to the Senate within fifty days from the commence- ment of each regular session of the Legislature; and -their term of 568 Constitution of Maryland, 1867. oflBlce, except in cases otherwise provided for in this Constitution, shall commence on the first Monday of May next ensuing their appointment, and continue for two years (unless remoTed from office) and until their successors respectively qualify according to law ; but the term of office of the Inspectors of Tobacco shall commence on the first Monday of March next ensuing their appointment. § 14. If a vacancy shall occur, during the session of the Senate, in any office which the Governor and Senate have the power to fill, the Governor shall nominate to the Senate before its final adjournment, a proper person to fill said vacancy, unless such vacancy occurs within ten days before the said final adjournment. § 15. The Governor may suspend, or arrest any military officer of the State for disobedience of orders, or other military ofiense ; and may remove him in pursuance of the sentence of a court martial ; and may remove for incompetency, or misconduct, all civH officers who received appointment from the Executive for a term of years. § 16. The Governor shall convene the Legislature, 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 Legislature, he may direct their sessions to be held at some other convenient place. § 17. To guard against hasty or partial legislation, and encroach- ments of the Legislative Department upon the co-ordinate Executive and Judicial Departments, every Bill which shall have passed the House of Delegates and the Senate, shall, before it becomes a law, be presented to the Governor of the State ; if he appirove, he shall sign it ; bujb if not, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large on its Journal, and proceed to reconsider the Bill; ifj after such reconsideration, three-fifths of the members elected to that House shall pass the BUI, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered, and if passed by three-fifths of the members elected to that Houses it shall become a law. But, in all such cases, the votes of both Houses shall be deter- mined by yeas and nays ; and the nameg of the persons voting for and against the Bill, shall be entered on the Journal of each House, respectively. If any Bill shall not be returned by the Governor within six days, (Sundays excepted) after it ^hall have been presented to him, the same shall be a law in like manner as if he signed it ; unless the General Assembly shall, by adjournment, prevent its return, in which case it shall not be a law. § 18. It shall be the duty of the Governor, semi-annuaUy and oftener, if he deem it expedient to examine under oath the Treasurer Constitution of Maryland, 1867. 569 and Comptroller of the State on all matters pertaining to their respective ofiElces ; and inspect and review their Bank and other Account Books. § 19. He shall, from time to time, inform the Legislature of the condition of the State and recommend to their consideration such measures as he may judge necessary and expedient. § 20. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases, in which he is prohibited by other Articles of this Constitution ; and to remit fines and forfeitures for offenses against the State ; but shall not remit the principal, or interest of any debt due the State, except in cases of fines and for- feitnres ; and before granting a nolle 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 Legislature, whenever required, the petitions, recom- mendations and reasons, which influenced his decision. § 21. The Governor shall reside at the seat of government, and receive for his services an annual salary of four thousand five hundred dollars. ' • § 22. A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in ofl&ce, unless sooner removed by the Governor, till the end of the oflQcial term of the Governor from whom he received his appointment, and receive an annual salary of two thousand dollars, and shall reside at the seat of government ; and the ofl&ce of Private Secretary shall thenceforth cease. § 23. The Secretary of State shall carefully keep and preserve a record of all oflBcial acts and proceedings, which may at all times be inspected by a Committee of either branch of the Legislature, and he shall perform such other duties as may be prescribed by law, or as may properly belong to his ofl&ce, together with all clerical duty belonging to the Executive Department. AETICLE IIL LEGISLATIVE DEPAETMBNT. Section 1. The Legislature shall consist of two distinct branches ; a Senate and a House of Delegates, and shall be styled the General Assembly of Maryland. § 2. Each county in the State, and each of the three Legislative Distriats of Baltimore city, as they are now, or may hereafter be defined, shall be entitled to one Senator, who shall be elected by the 72 570 Constitution of Maryland, 1867. 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 election, subject to the classification of Senators, hereafter provided for. § 3. Until the taking and puWishing of the next If ational census, or until the enumeration of the population of this State, under the authority thereof, the several counties, and the city of Baltimore, shall have representation in the House of ^Delegates, as follows: Allegany county, five Delegates ; Anne Arundel county, three Delegates; Balti- more county, six Delegates ; each of the three Legislative Districts of the city of Baltimore, six Delegates; Calvert county, two Delegates ; Caroline county, two Delegates ; Carroll county, four Delegates; Cecil county, four Delegates; Charles county, two Delegates; Dorchester county, three Delegates; Frederick county, six Delegates; Har- ford county, four Delegates; Howard county, two Delegates; Kent county, two Delegates ; Montgomery county, three Delegates ; Prince George's county, three Delegates; Queen Anne's county, two Dele- gates; Saint Mary's county, two Delegates; Somerset county, three Delegates; Talbot county, two Delegates; Washington county, five Delegates ; and "Worcester county, three Delegates. § 4. As soon as may be after the taking and publishing of the next National census, or after the enumeration of the population of this State, undeB the authority thereof, there shall be an apportionment of representation in the House of Delegates, to be made on the follow- ing basis, to wit : Each of the several counties of the State, having a population of eighteen thousand souls, or less, shall be entitled to two Delegates ; and every county, having a population of over eighteen thousand, and less than twenty-eight thousand souls, shall be entitled to three Delegates ; and every county, having a population of twenty- eight thousand, and less than forty thousand souls, shall be entitled to four Delegates; and every county, having a populatiort of forty thousand, and less than fifty-five thousand souls, shall be entitled to five Delegates ; and every county, having a population of fifty-five thousand souls, and upward, shall be entitled to six Delegates, and no more; and each of the three Legislative Districts of the city of Balti- more shall be entitled to the number of Delegates to which the largest county shall, or may be entitled, under the aforegoing apportionment. And the General Assembly shall have power to provide by law, from time to time, for altering and changing the boundaries of the three existing Legislative Districts of the city of Baltimore, so as to make them, as near as may be, of equal population ; but said Districts shall always consist of contiguous territory. • § 5. That immediately after the taking and publishing of the next Constitution of Maryland, 1867. 571 National census, or after any State enumeration of population, as aforesaid, it shall be the duty of the Governor, then being, to arrange the representation in said House of Delegates, in accordance with the apportionment herein provided for ; and to declare, by proclamation, the number of Delegates, to which each county, and the city of Balti- more, may be entitled, under such apportionment ; and after every National census taken thereafter, or after any State enumeration of population, thereafter made, it shall be the duty of the Governor, for the time being, to make similar adjustment of representation, and to declare the same by proclamationj as aforesaid. § 6. The members of the House of Delegates shall be elected by the qualified voters of the counties, and the Legislative Districts of Balti- more city, respectively, to serve for two years, from the day of their election. § 7. The first election for Senators and Delegates shall take place on the Tuesday next, after the first Monday in the month of Novem- ber, eighteen hundred and sixty-seven ; and the election for Delegates, and as nearly as practicable, for one-half of the Senators, shall be held on the same day, in every second year thereafter, § 8. 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 oflBce 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-nine, for the term 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 preserve, as nearly as may be, an equal numl^er in each class. § 9. No person shall [be] eligible as a Senator or Delegate, who at the time of his election, is not a citizen of the State of Maryland, and who has not resided therein, for at least three years, next preceding the day of his election, and the last year thereof, in the county, or in the Legislative District of Baltimore city, which he may be chosen to represent, if such county, or Legislative District of said city, shall have been so long established ; and if not, then in the county or city from which, in whole, or in part, the same may have been formed ; nor shall any person be eligible as a Senator, unless he shall have attained the age of twenty-five years, nor as a Delegate, unless he shall have attained the age of twenty-one years, at the time of his election. § 10. No member of Congress, or person holding any civil, or military ofBce under the United States, shall be eligible as a Senator, 572 Constitution of Maryland, 1867. or Delegate ; and if any person shall, after his election as Senator or Delegate, be elected to Congress, or be appointed to any office, civil, or military, -under the Government of the United States, his accept- ance thereof^ shall vacate his seat. § 11. No Minister or Preacher of the Gospel, or of any religious creed, or denomination, and no person holding any civil office of profit, or trust under this State, except Justices of the Peace, shall be eligible as Senator, or Delegate. * § 13. No collector, receiver, or holder of public money shall be eligible as Senator or Delegate, or to any office of profit, or trust, under this State, until he shall have accounted for, and paid into the treasury all sums on the books thereof charged to, and due by him. § 13. In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county, or city, for which he shall have been elected, of any person, who shall have been chosen as a Delegate, or Senator, or in case of a tie between two or more such qualified persons, a warrant of election shall be issued by the Speaker of the House of Delegates, or President of the Senate, as the case .may be, for the election of another person in his place, of which election, not less than ten days' notice shall be given, exclusive of the day of the publication of the notice, and of the day of election ; and, if during the recess of the Legislature, and more than ten days before its termination, such death shall occur, or such resignation, refusal to act, or disqualification be communicated,' in writing to the Governor by the person, so resigning, refusing, or disqualified, it shall be the duty of the Governor to issue a warrant of election to supply the vacancy thus created, in the same manner, the said Speaker, oi Presi- dent, might have done, during the session of the General Assembly : Provided, however, That unless a meeting of the General Assembly may intervene, the election, thus ordered to fill such vacancy, shall be held on the day of the ensuing election for Delegates and Senators. § 14, The General Assembly shall meet on the first Wednesday of January, eighteen hundred and sixty-eight, and on the same day in every second year thereafter, and at no other time, unless convened by proclamation of the Governor. § 15. The General Assembly may continue its session so long as, in its judgment the public interest may require, for a period not longer than ninety days ; and each member thereof, shall receive a compen- sation of five dollars per diem, for every day he shall attend the session ; but not for such days as he may be absent, unless absent on ' account of sickness, or by leave of the Hoiise of which he is a mem- ber; and he shall also receive such mileage as may be allowed by law,^ not exceeding twenty cents per mile * and the presiding officer of Constitution of Maryland, 1867. 578 each House shall receive an additional compensation of three dollars per day. When the General Assembly shall be convened by procla- mation of the Governor, the. session shall not continue longer than thirty days ; and, in such case, the compensation shall be the same as herein prescribed. § 16. 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. § 17. No Senator or Delegate, after qualifying as such, notwithstand- ing he may thereafter resign, shall during 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 shall have been increased, during such term. § 18. No Senator, or Delegate shall be liable in any civil action, or criminal prosecution, whatever, for words spoken in debate. § 19. Each House shall be judge of the qualifications and elections of its members, as prescribed by the Constitution and laws of the State; shall appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behavior, and with the consent of two-thirds of its whole number of members elected, expel a member ; but no member shall be expelled a second time for the same offense. § 30. A majority of the whole number of members elected to each House shall constitute a quorum for the transaction of business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such pen- alties, as each House may prescribe. § 31. The doors of each House, and of the Committee of the Whole, shall be open, except when the business is such ae ought to be kept secret. § 22. Each House shall keep a journal of its proceedings and cause the same to be published. The yeas and nays of members on any question shall, at the call of any five of them in the House of Dele- gates, or one in the Senate, be entered on the journal. § 23. 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 proceedings, or any of its officers in the execution of their duties; provided, such imprisonment shall not, at any one time, exceed ten days. § 24. The House of Delegates may inquire, on the oath of witnesses, into all complaints; grievances and offenses, as the grand inquest of 574 Constitution of Maryland, 1867. the State, and may commit any person for any crime, to the public jail, there to remain untU discharged by diie 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 Au(Mtors to state and adjust the same. They may call for all public, or official papers and records, and send for persons, whom they may judge neces- sary, 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; ai%d with the view to the more certain; prevention, or correction of the abuses in the expenditure of the money of the State, the General Assembly shall create, at every session thereof, a Joint Standing Committee of the Senate and House of Delegates, who shall have power to send for per- sons, and examine them on oath, and call for public, or official papers and records, and whose duty it shall be to examine and report upon all contracts made for printing, stationery; and purchases for the public offices, and the library, and all expenditures therein, and upon all matters of alleged abuse in expenditui-es, to which their attention may be called by resolution of either House of the General Assembly. § 35. Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than^that in which the House shall be sitting, without the con- current vote of two-thirds of the members present. § 26. The House of Delegates shall have the sole power of impeach- ment in all cases ; but a majority of all the members elected must concur in the 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 the evidence ; but no person shall be convicted without the concurrence of two-thirds of all the Senators elected. § 37. Any bill may originate in either House of the General Assem- bly, and be altered, amended, or rejected by the other ; but no bill shall originate in either House during the last ten days of the session, unless two-thirds of the members elected thereto shall so determine by yeas and nays ; nor shall any bill become a law, until it be read on three different days of the session in each House, unless two-thirds of the members elected to the House, where such bill is pending, shall so determine by yeas and nays ; and no bill shall ,be read a third time until it shall have been actually engrossed for a third reading. § 28. Ifo 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 yeas and nays be recorded; nor shall any resolution, requir- ing the action of both Houses, be passed except in the same manner. OuNSTITUnON OF MARYLAND, 1867. 575 § 29. The style of all laws of this State shall be, "Be it enacted by the General Assembly of Maryland:" and all laws shall be passed by original bill ; and every law enacted by the General Assembly shall embrace but one subject, and that shall be described in its title ; and no law, or section of a law, shall be revived, or amended by reference to its title, or section only ; nor shall any law be construed by reason of its title, to grant powers or confer rights which are not expressly contained in the body of the act ; and it shall be the duty of the Gen- eral 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 article in the said Code, it shall be the duty of the General Assembly to enact the same, in articles and sections, in the same manner, as the Code is arranged, and to provide for the publication of all additions and alterations, which may be made to the said Code. § 30. Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented to the Governor, who, if he approves it, shall sign the same in the presence of the presiding offi- cers and chief clerks of the Senate and House of Delegates. Every law shall be recorded in the offipe 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. § 31. 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. § 32. No money shall be drawn from the treasury of the State, by any order or resolution, nor except in accordance with an appropria- tion by law, and every such law shall distinctly specify the sum appro- priated, 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 o^ the Executive, who shall report to the General 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 regular session of the Gen- eral Assembly. § 33. The General Assembly shall not pass local, or special laws, in any of the following enumerated cases, viz.: For extending the time for the collection of taxes ; granting divorces ; changing thje name of any person ; providing for the sale of real estate, belonging to minors or other persons laboring under legal disabilities, by executors, admin- 576 Constitution of Maryland, 1867. istrators, guardians or trustees ; gmng effect to informal, or invalid deeds or •wills ; refunding money paid into the State treasury, or releas- ing persons from tlieir debts, or obligations to the State, unless recom- mended by the Governor, or officers of the Treasury Department. And the General Assembly shall pass no special law, for any case, for which provision has been made, by an existing general law. The Gen- eral Assembly, at its first session after the adoption' of this Constitu- tion, shall pass general laws, providing for the cases enumerated in this section, which are not already adequately provided for, and for all other cases, where a general law can be made applicable. § 34. No debt shall be hereafter contracted by the General Assembly, unless such debt shall be authorized by a law, providing for the col- lection of an annual tax, or taxes, sufficient to pay the interest on such debt, as it falls due ; and 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 individual, association, or corporation ; nor shall the Gen- eral Assembly have the power, in any mode, to involve the State in the construction of works of internal improvement, nor in granting any aid thereto, which shall involve the faith, or credit of the State ; nor make any appropriation therefor, except in aid of the construction of works of internal improvement, in the counties of St. Mary's, Charles and Calvert, which have had no direct advantage, from such works, as have been heretofore aided by the State ; and provided, that such aid, advances or appropriations shall not exceed in the aggregate the sum of five hundred thousand dollars. And they shall not use, or appro- priate 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 ttie General Assembly may, without laying a tax, borrow an amount never to exceed fifty thousand 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. § 35. Ko extra compensation shall be granted, or allowed, by the General Assembly, to any public officer, agent, servant or contractor, after the service 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. § 36. No Lottery Grant shall ever hereafter be authorized by the General Assembly. Constitution of Maryland, 1867. 577 § 37. The General Assembly stall pass no law proyiding for pay- ment, by this State, for slaves emancipated from servitude in this State ; but they shall adopt such measures, as they may deem expe- dient, to obtain from the United States, compensation for such slaves, and to receive and distribute the same, equitably, to the persons entitled. § 38. No person shall be imprisoned for debt. § 39. The General Assembly shall grant no Charter for Banking purposes, nor renew any Banking Corporation now in existence, except upon the condition that the stockholders shall be liable to the amount of iiieir respective share, or shares of stock in such Banking Institu- tion, for all its debts and liabilities, upon note, bill, or otherwise ; the books, papers, and accounts of all Banks shall be open to inspection, • under such regulations as may be prescribed by law. § 40. The General Assembly shall enact no law authorizing private 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. § 41. Any citizen of this State, who shall after the adoption of this Constitution, either in, or out of this State, fight a duel with deadly weapons, or send, or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in any manner, those ofiending, shall ever thereafter, be incapable of holding any of&ce of profit or trust, under this State, unless relieved from the disability by an act of the Legislature. § 42. The General Assembly shall pass laws necessary for the pres- ervation of the purity of elections. § 43. The property of the wife shall be protected from the debts of her husband. § 44. Laws shall be passed by the General Assembly, to protect from execution a reasonable amount of the property of the debtor, not exceeding in value, the sum of five hundred dollars. § 45. The General Assembly shall provide a simple and uniform system of charges in the ofl5ces of Clerks of Courts, and Registers 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 the said oflScers, in the various counties, shall not exceed the sum of three thousand dollars a year, and in the city of Baltimore thirty-five hundred dollars a year, over and above office expenses, and compensation to Assistants : And provided further, that such com- pensation of Clerks, Eegisters, Assistants and office expenses sTiall always be paid out of the fees, or receipts of the offices, respectively. § 46. The General Assembly shall have power to receive from the 73 578 • Constitution of Maryland, 1867. United States, any grant or donation of land, money, or securities for any purpose designated by the United States, and shall administer or distribute the same according to the conditions of the said grant. § 47. The General Assembly shall make provisions for all cases of contested elections of any of the oflBcers, not herein provided for. § 48. Corporations may be formed under general laws ; but shall not be created by special act, except for municipal purposes, and except in cases, where no general laws'exist, providing for the creation of corporations of the same general character, as the corporation pro- posed to be created ; and any act of incorporation, passed in violation of this section shall be void. And, as soon as practicable, after the adoption of this Constitution, it shall be the duty of the Governor to appoint three persons learned in the law, whose duty it shall be, to prepare drafts of general laws, providing for the creation of corpora- tions, in such cases as may be proper, and for aU other cases, where a general law can be made ; and for revising and amending, so far as may be necessary or expedient, the general, laws which may be in existence on the first day of June, eighteen hundred and sixty-seven, providing for the creation of corporations, and for other purposes ; and such drafts of laws shall by said Commissioners, be submitted to the General Assembly, at its first meeting, for- its action thereon ; and each of said Commissioners shall receive a compensation of five hun- dred dollars for his services as such Commissioner. All Charters granted, or adopted, in pursuance of this section, and all Charters heretofore granted and created, subject to repeal or modi- fication, may be altered, from time to time, or be repealed : Provided, Nothing herein contained shall be construed to extend to Banks, or the incorporation thereof. § 49. 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. § 60. It shall be the duty of the General Assembly, at its first ses- sion held after the adoption of this Constitution, to provide by law for the punishment, by fine, or imprisonment in the penitentiary, or both, in the discretion of the Court, of any person, who shall bribe, or_ attempt to bribe, any Executive or Judicial officer of the State of Maryland, or any member, or officer of the General Assembly of the State of Maryland, or of any Municipal corporation in the State of Maryland, or any Executive officer of such corporation, in order to iufiuence him in the. performance of any of his official duties ; and also to provide by law for the punishment, by fine, or imprisonment in the penitentiary, or both, in the discretion of the Court, of any of Constitution of Mabtland, 1867. ' 579 said oflBcers, or members, who shall demand or receive any bribe, fee, reward^ or testimonial, for the performance of his ofi&cial duties, or for neglecting or failing to perform the same ; and, also, to provide by law for compelling any person so bribing, or attempting to bribe, or so demanding, or receiving a bribe, fee, reward, or testimonial, to testify against any person, or persons, who may have committed any of said offenses : Provided, That any person so compelled to testify, shall be exempted from trial and punishment for the offense, of which he may have been guilty ; and any person, convicted of such offense, shall, as part of the punishment thereof, be forever disfranchised and disquali- fied from holding any oflBce of trust, or profit, in this State. ■ § 51. The personal property of residents of this State, shall be sub- ject to taxation in the county, or city, where the resident lona fide resides for the greater part of the year, for which the tax may, or shall be levied, and not elsewhere, except goods and chattels permanently located, which shall be taxed in the city, or county where they are so located. § 52. The General Assembly shall appropriate no money out of the Treasury for payment of any private claim against the State exceed- ing three hundred dollars, unless said claim shall have been first presented to the Comptroller of the Treasury, together with the proofs upon which the same is founded, and reported upon by him. § 53. No person shall be incompetent, as a witness, on account of race or color, unless hereafter so declared by act of the General Assembly. § 54. No county of this State shall contract any debt or obligation, in the construction of any railroad, canal, or other work of internal improvement, nor give, or loan its credit to, or in aid of any associa- tion or corporation, unless authorized by an act of the General Assembly, which shall be published for two months before the next election for members of the House of Delegates, in the newspapers published in such county, and shall also be approved by a majority of all the members elected to each House of the General Assembly at its next session after said election. § 55. The General Assembly shall pass no law suspending the privilege of the writ of habeas corpus. § 5G. The General Assembly shall have power to pass all such laws as may be necessary and proper for carrying into execution the powers vested, by this Constitution, in any department, or oflBce of the Government, and the duties imposed upon them thereby. § 57. The legal rate of interest shall be six per cent per annum ; unless otherwise provided by the General Assembly. 580 * Constitution of Maryland, 1867. . § 58. The Legislature at its first session after the ratificatioii ^of this Constitution shall provide by law for State and Municipal taxa- tion upon the revenues accruing from business done in the State by all foreign corporations. § 59. The oflace of State Pension Commissioner is hereby abolished; and the Legislature shall pass no law creating such office, or establish- ing any general pension system within this State. AETIOLE IV. JUDICIAET DEPAETMEXT. Past I — Qernvdl FnmsUynx. Section 1. 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 are hereinafter provided for, and Justices of the Peace; all said courts shall be courts of record, and each shall have a Seal, to be used in the authentication of all process issuing therefrom. The process and official character of Justices of the Peace shall be authenticated, as hath heretofore been practiced in this State, or may hereafter be prescribed by law. § 3. The Judges of all of the said courts shall be citizens of the State of Maryland, and CLualified voters under this Constitution, and shall • have resided therein not less than five years, and not less than six months next preceding their election, or appointment, in the judicial circuit, as the case may be, for which they may be, respectively, elected, or appointed. They shall be not less than thirty years of age at the time of their election, or appointment, and shall be selected from those who have been admitted to practice law in this State, and who are most distinguished for integrity, wisdom and sound legal knowledge. § 3. The Judges of the said several courts shall be elected in the counties by the qualified voters in their respective judicial circuits, as hereinafter provided, at the general election to be held on the Tuesday after the first Monday in November next, and in the city of Baltimore, on the fourth Wednesday of October next. Each of the said Judges shall hold his office for the term of fifteen years from the time of his ' election, and until his successor is elected and qualified, or until he shall have attained the age of seventy years, whichever may first hap- pen, and be re-eligible thereto until he shall have attained the age of seventy -years, and not after; but in case of any Judge, who shall attain the age of seventy years while in office, such Judge may be continued in office by the General Assembly for such further time as they may think fit, not to exceed the term for which he was elected. Constitution of MabtlaSd, 1867. ' 581 by a resolution to be passed at the session next preceding his attaining said age. In case of the inability of any of said Judges to discharge Jiis duties with efficiency, by reason- of continued sickness, or of physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each House concurring, with the approTal of the GoTernor, to retire said Judge from office. § 4. Any Judge shall be removed from office by the Governor; on conviction in a court of law, of incompetency, of willful neglect of duty, misbehavior in office, or 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 having had opportunity of making his defense. § 5. After the election for Judges, to be held as above mentioned, upon the expiration of the term, or in case of the death, resignation removal, or other disqualification of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next general election for members of the General Assembly, when a successor shall be elected, whose tenure of office shall be the same, as hereinbefore provided ; but if the vacancy shall occur in the city of Baltimore, the time of election shall be the fourth "Wednesday in October following. § 6. All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State ; and no fees, or perquisites, commis- sion, or reward of any kind, shall be allowed to any Judge in this State, besides his annual salary, for the discharge of any judicial duty. § 7. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, by affinity or consanguinity, within such degrees as now are, or may hereafter- be prescribed by law, or where he shall have been of counsel in the case. § 8. The parties to any cause may submit the same to the court for determination, without the aid of a jury ; and 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, or action, issue, or petition, presentment, or indictment, pending in such court, to be transmitted to some other court (and of a different circuit, if the party 'applying shall so elect), having jurisdiction in such cases, whenever any party to such cause, or the counsel of any party, shall make a suggestion in writing, supported by the affidavit of such party, or his cot(nsel, or other proper evidence, that the party cannot have a fair or impartial trial in the court, in which such suit, or action, issue, or petition, presentment, or indictment is pending, or when the Jiidges 582 Constitution of Maryland, 1867. of said court shall be disqualified, under the provisions of this Con- stitution, to sit in any such suit, action, issue, or petition, present- ment or indictment; and the General Assembly shall make such modifications of existing law as may be necessary to regulate and give force to this provision. § 9. The Judge, or Judges of any court, may appoint such officers for their respective courts as may be found necessary ; and such offi- cers of the courts in the city of Baltimore shall be appointed by the Judges of the Supreme Bench of Baltimore city. It shall be the duty of the General Assembly to prescribe, by law, a fixed compensation for all such officers ; and said Judge, or Judges shall, from time to time, investigate the expenses, costs and charges of their respective courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action. § 10. The Clerks of the several courts, created, or continued by this Constitution, shall have charge 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. And the office and business of said Clerks, in all their departments, shall be subject to the visitorial power of the Judges of their respective courts, who shall exercise the same, from time to time, so as to insure the faithful performance of the duties of said officers; and it shall be the duty of the Judges of said courts respectively, to make, from time to time, such rules and regulations as may be necessary and proper for the government of said Clerks, and for the performance of the duties of their offices, which shall have the force of law until repealed, or modified by the General Assembly. § 11. The election for Judges, hereinbefore provided, and all elec- tions for Clerks, Kegisters of Wills, and other officers, provided in this Constitution, except State's Attorneys, shall be certified, and the returns made, by the Clerks of the Circuit Courts of the counties, and the Clerk of the Superior Court of Baltimore city respectively, 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 persons having the greatest number of votes, shall be declared to be elected. § 13. If, in any case of election for Judges, Clerks of the courts of law, and Kegisters of Wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the Governor to order a new election ; and in case of any contested election, the Governor shall send the returns to the House of Delegates, which shall judge of the election and qualification of the candidates at such election ; and if the judgment shall be against the one who has been returned Constitution of Maryland, 1867. 583 elected, or the one wlio has been commissioned by the Goyernor, the House of Delegates shall order a new election within thirty days. §13. All public commissions and grants shall run thus: "The State of Maryland/' etc., and shall be signed by the Governor, with the seal of the State annexed ; all writs and process shall run in the same style, and be tested, sealed and signed, as heretofore, or as may hereafter be, provided by law; and all indictments shall conclude, " against the peace, government and dignity of the State." Part II — Court of Appeals. § 14. The Court of Appeals shall be composed of the Chief Judges of the first seven of the several Judicial Circuits of the State, and a Judge from the city of Baltimore specially elected thereto, one of whom shall be designated by the Governor, by and with the advice and consent of the Senate, as the Chief Judge : And in all cases, until action by the Senate can be had, the Judge so designated by the Governor, shall act as Chief Judge. The Judge of the Court of Appeals from the city of Baltimore shall be elected by the qualified voters of said city, at the election of Judges to be held therein, as hereinbefore provided ; and in addition to his duties, as Judge of the Court of Appeals, shall perform such other duties as the General Assembly shall prescribe. The jurisdiction of said Court of Appeals shall be co-extensive with the limits of the State, and such as now is, or may hereafter be prescribed by law. It shall hold its sessions in the city of Annapolis^ on the first Monday in April, and the first Mon- day in October, of each and every year, or at such other times as the General Assembly may, by law, direct. Its sessions shall continue not less than ten months in the year, if the business before it shall so require ; and it shall be competent for the Judges, temporarily, to transfer their sittings elsewhere, upon suflEicient cause. § 15i Four of said Judges shall constitute a quorum; no cause shall be decided without the concurrence of at least three ; but the Judge who heard the cause below, shall not participate in the deci- sion ; in every case an opinion, in writing, shall be filed within three months after the argument, or submission of the cause ; and the judgment of the court shall be final and conclusive ; and all cases shall stand for hearing at the first term after the transmission of the record. § 16. Provision shall be made l?y law for publishing reports of all causes, argued and determined in the Court of Appeals, which the Judges shall designate as proper for publication. § 17. There shall be a Clerk of the Court of Appeals, who shall be elected by the legal and qualified voters of the State, who shall hoM 584 Constitution of Maryland, 1867. his office for six years, and until his successor is duly qualified ; he shall be subject to removal by the said court for incompetency, neglect of duty, misdemeanor in office, or such other cause, or causes, as may be prescribed by law ; and in case of a vacancy in the office of said Clerk, the Court of Appeals shall appoint a Clerk of said court, who shall hold his office until the election and qualification of his siTCcessor, who shall be elected at the next general election for Mem- bers of the General Assembly ; and the person, so elected, shall hold his office for the term of six years from the time of election. § 18. It shall be the duty of the Judges of the Court of Appeals, as soon after their election, under this Constitution, as practicable, to make and publish rules and regulations for the prosecution of appeals to said Appellate Court, whereby they shall prescribe the periods within which appeals may be taken, what part or parts of the pro- ceedings in the court below shall constitute the record on appeal, and the manner in which such appeals shall be brought to hearing or determination, and shall regulate, generally, the prq,ctice of said Court of Appeals, «o as to prevent delays, and promote brevity in all records and proceedings brought into said court, and to abolish and avoid all unnecessary costs and expenses in the prosecution of appeals therein ; and- the said Judges shall make such reductions in the fees and expenses of the- said court, as they may deem advisable. It shall also be the duty of said Judges of the Court of Appeals, as soon after their election as practicable, to devise, and promulgate by rules, or orders, forms and modes of framing and filing bills, answers, and other pro- ceedings and pleadings in equify ; and also forms and modes of taking and obt^iining evidence, to be used in equity cases ; and to revise and regulate, generally, the practice in the courts of equity of this State, so as to prevent delays, and to promote brevity and conciseness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses attending the same. And all rules and regulations, hereby directed to be made, shall, when made, have the force of law, until rescinded, changed, or modified by the said Judges, or the General Assembly. Pakt m. — Oircmt Oov/rts. § 19. The State shall be divided into eight Judicial Districts, in manner following, viz. : The counties of Worcester, Somerset and Dor- chester shall constitute the first circuit; the counties of Caroline, Talbot, Queen Anne's, Kent and Cecil, the second ; the counties of Baltimore and Harford, the third; the counties of Allegany and Washington, the fourth ; the counties of Carroll, Howard and Anne A.rundel, the fifth ; the counties of Montgomery and Frederick, the Constitution of Maryland, 1867. 585 sixth; the counties of Prince George's, Charles, Calvert and St. Mary's, the seventh ; and Baltimore city, the eighth. § 20. A court shall be held in each county of the State, to be styled the Circuit Court for the county, in which it may be held. The said Circuit Courts shall have and exercise, in the respective counties, 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. § 31. For each of the said circuits (excepting the eighth), there shall be a Chief Judge, and two Associate Judges, to be styled Judges of the Circuit Court, to be elected or appointed, as herein provided. And no two of said Associate Judges shall, at the time of their elec- tion, or appointment, or during the term, for which they may have been elected, or appointed, reside in-the same county. If two or more persons shall be candidates for Associate Judge, in the same county, that one only in said county shall be declared elected, who has the highest number of votes in the circuit. In case any two candidates for Associate Judge, residing in the same county, shall have an equal number of votes, greater than any other candidate for Associate Judge, in the circuit, it shall be the duty of the Governor to order a new electioil for one Associate Judge; but the person, residing in any other county of the circuit, and who has the next highest number of votes, shall be declared elected. The said Judges shall hold not less than two terms of the Circuit Court in each of the counties, composing their respective circuits, at such times as are now, or may here&fter be prescribed, to which Jurors shall be summoned ; and in those counties, where only two such terms are held, two other and intermediate terms, to which Jurors shall not be summoned ; they may alter or fix the times for holding any, or all, terms until otherwise prescribed, and shall adopt rules, to the end that all business not requiring the inter- position of a jury shall be, as far as practicable, disposed of at said, intermediate terms. One Judge, in each of the above circuits, shall constitute a quorum for the transaction of any business ; and the said Judges, or any of them, may hold special terms of their courts when- ever, in their discretion, the business of the several counties renders such terms necessary. § 33. Wliere any term is held, or trial conducted by less than the whole number of said Circuit Judges, upon the decision, or determin- ation of any point, or question, by the court, it shall be competent to the party, against whom the ruling or decision is made, upon motion, to have the point, or question reserved for the consideration of the three Judges of the circuit, who shall constitute a court in banc for such purpose ; and the motion for such reservation shall be entered 74 586 Constitution of Maryland, 1867. of record during the sitting, at which such decision may be made ; and the several Circuit Courts shall regulate, by rules, the mode and manner of presenting such points, or questions to the court in ianc, and the decision of the said court in banc shall be the effective decision ia. the premises, and conclusive, as against the party, at whose motion said points, or questions were reserved ; but such decision in banc shall not preclude the right of appeal, or writ of error to the adverse party, in those cases, civU or criminal, in which appeal, or writ of error to the Court of Appeals may be allowed by law. The right of having questions reserved shall not, however, apply to trials of appeals from judgments of Justices of the Peace, nor to criminal cases below the grade of felony, except when the punishment is con- finement in \the penitentiary ; and this section shall be subject to such provisions as may hereafter be made by law. § 23. The Judges of the respective Circuit Courts of this State, and of the courts of Baltimore city, shall render their decisions, in all cases argued before them, or submitted for their judgment, within two months after the same shall have been so argued or submitted. § 34. The salary of each Chief Judge, and of the Judge of the Court of Appeals from the city of Baltimore shall be three thousand five hundred dollars, and of each Associate Judge of the Circuit Court, shall be two thousand eight hundred dollars per annum, pay- able quarterly, and shall not be diminished during his continuance in oflBce. - § 25. There shall be a Clerk of the Circuit Court for each county, who shall be elected by a plurality of the qualified voters of said county, and shall hold his office for sis years from the time of his election, and until his successor is elected and qualified, and be re- eligible, subject to be removed for willful neglect of duty, or other misdemeanor in office, on conviction in a court of law. In case of a vacancy in the office of Clerk of a Circuit Court, the Judges of said court shall have power to fill such vacancy until the General election for Delegates to the General. Assembly, to be held next thereafter, when a successor shall be elected for the term of six years. § 36. The said Clerks shall appoint, subject to the confirmation of the Judges of their respective courts, as many deputies under them, as the said Judges shall deem necessary, to perform, together with them- selves, the duties of the said office, who shall be removable by the said Judges for incompetency, or neglect of duty, and whose compen- sation shall be according to existing, or future provisions of the General Assembly. Constitution of Mabyland, 1867. 587 Past IV. — Cov/rts of Baltimore Ctty. % 37. There shall be in the eighth Judicial Circuit, six courts, to be styled the Supreme Bench of Baltimore city, the Superior Court of Baltimore city, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore city, and the Criminal Court of Baltimore. § 28. The Superior Court of Baltimore city, the Court of Common Pleas, and the Baltimore City Court, shall, each, haye concurrent jurisdiction in all civil common law cases, and, concurrently, all the jurisdiction which the Superior Court of Baltimore city and the Court of Common Pleas now have, except jurisdiction in equity, and except in applications for the benefit of the Insolvent Laws of Mary- land, and in cases of appeal from judgments of Justices of the Peace in said city, whether civil or criminal, or arising under the Ordin- ances of the Mayor and City CouncU of Baltimore, of all of ^hich appeal cases the Baltimore City Court shall have exclusive jurisdic- tion ; and the said Court of Common Pleas shall have exclusive jurisdiction in all applications for the benefit of the Insolvent Laws of Maryland, and the supervision and control of the trustees thereof. § 29. The Circuit Court of Baltimore city shall have exclusive jurisdiction in equity within the limits of said city, and all such jurisdiction as the present Circuit Court of Baltimore city has ; Pro- vided, The said court shall not have jurisdiction in applications for the writ of habeas corpus in cases of persons charged with criminal offenses. § 30. The Criminal Court of Baltimore shall have and exercise all the jurisdiction now held and exercised by the Criminal Court of Baltimore, except in such appeal cases as are herein assigned to the Baltimore City Court. § 31. There shall be elected by the legal and qualified voters of said city, at the election, hereinbefore provided for, one Chief Judge and four Associate Judges, who, together, shall constitute the Supreme Bench of Baltimore city, and shall hold their oflBces for the term of fifteen years, subject to the- provisions of this Constitution with regard to the election and qualifications of Judges, and their removal from office, and shall exercise the jurisdiction, hereinafter specified, and shall each receive an annual salary of three thousand five hundred dollars, payable quarterly, which shall not be diminished during their term of oflOice ; but authority is hereby given to the Mayor and City Council of Baltimore to pay to each of the said Judges an annual addition of five hundred dollars to their respective salaries ; Provided, 588 -Constitution of Maryland, 1867. That the same, being once granted, shall not be diminished, nor increased, during the continuance of said Judges in office. § 32. It shall be the duty of the said Supreme Bench of Baltimore city, as soon as the Judges thereof shall be elected and duly qualified, and from time to time, to provide for the holding of each of the afore- said courts, by the assignment of one, or more of their number to each of the said courts, who may sit either, separately, or together, in the trial of cases ; and the said Supreme Bench of Baltimore city may, from time to time, change the said assignment, as circumstances may require, and the public interests may demand ; and the Judge or Judges BO assigned to the said several courts, shall, when holding the same, have all the powers and exercise all the jurisdiction which inay belong to the court so being held ; and it shall also be the duty of the said Supreme Bench of Baltimore city, in case of the sickness, absence, or disability of any Judge or Judges, assigned as aforesaid, to provide for the hearing of the cases, or transaction of the business assigned to said Judge, or Judges, as aforesaid, before some one, or more of the Judges of said court. § 33. The said Supreme Bench of Baltimore city shall have power, and it shall be its duty, to provide for the holding of as many General Terms as the performance of its duty may require, such General Terms to be held by not less than three Judges ; to make all needful rules and regulations lor the conduct of business in each of the said courts, during the session thereof, and in vacation, or in Chambers, before any of said Judges; and shall, also, have jurisdiction to hear and determine all motions for a new trial in cases tried in any of said courts, where such motions arise either, on questions of fact, or for misdirection upon any matters of law, and all motions in arrest of judgment, or upon any matters of law determined by the said Judge, or Judges, while holding said several courts ; and the said Supreme Bench of Baltimore city shall make all needful rules and regulations for the hearing before it of all of said matters ; and the same right of appeal to the Court of Appeals shall be allowed from the determina- tion of the said court on such matters, as would have been the right of the parties if said matters had been decided by the court in which said cases were tried. § 34. No appeal shall lie to the Supreme Bench of Baltimore city from the decision of the Judge, or Judges, holding the Baltimore City Court, in case of appeal from a Justice of the Peace; but the decision by said Judge, or Judges, shall be final ; and all writs and other process issued out of either of said courts, requiring attestation, shall be attested in the name of the Chief Judge of the said Supreme Bench of Baltimore city. Constitution of Mabtland, 1867. 589 § 35. Three of the Judges of said Supreme Bench of Baltimore city, shall constitute a c^uorum of said court. § 36. All causes depending, at the adoption of this Constitution, iu the Superior Court of Baltimore city, the Court of Common Pleas, the Criminal Court of Baltimore, and the Circuit Court of Baltimore city, shall he prpceeded in, and prosecuted to final judgment, or decree, in the courts, respectively, of the same name established by this Con- stitution, except cases belonging to that class, jurisdiction over which is by this Constitution transferred to the Baltimore City Court, all of which shall, together with all cases now pending in the City Court of Baltimore, be proceeded in, and prosecuted to final judgment in said Baltimore City Court. § 37. There shall be a Clerk of each of the said courts of Baltimore city, except the Supreme Bench, who shall be elected by the legal and qualified voters of said city, at the election to be held in said city on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and shall hold his office for six years from the time of his election, and until his successor is elected and qualified, and he re-eligible thereto, subject to be removed for willful neglect of duty, or other misdemeanor in office, on conviction in a court of law. The salary of each of the said Clerks shall be thirty-- five hundred dollars a year, payable only out of the fees and receipts collected by the Clerks of said city, and they shall be entitled to no other perquisites, or compensation. In case of a vacancy in the office of Clerk of any of said courts, the Judges of said Supreme Bench of Baltimore city shall have power to fill such vacancy until the general election of Delegates to the General Assembly, to be held next there- after, when a Clerk of said court shall he elected to serve for six years thereafter ; and the provisions of this article in relation to the appoint- ment of Deputies, by the Clerks of the Circuit Court in the counties shall apply to the Clerks of the courts in Baltimore city. § 38. 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 provisions as are now or may be prescribed by law. The Clerk of the Superior Court of said city shall receive and record all deeds, conveyances, and other papers, which are, or may be required by law to be recorded in said city. He shall also have custody of all papers connected wibh 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, and shall also discharge the duties of Clerk to the Supreme Bench of Baltimore city, unless otherwise provided by law. 590 Constitution of Maryland, 1867. § 39. The General Assembly shall, whenever it may think the same proper and expedient, provide by law another court for the city of Baltimore, and prescribe its jurisdiction and powers; in which case there shall be elected by the voters of said city, qualified under this Constitution, another Judge of the Supreme Bench of Baltimore city, who shall be subject to the same constitutional provisions, hold his oflBce for the same term of years, receive the same compensation, and have the same powers, as are herein provided for the Judges of said Supreme Bench of Baltimore city ; and all of the provisions of this Constitution relating to the assignment of Judges to the courts, now existing in said city, and for the dispatch of business therein, shall apply to the court, for whose creation provision is made by this section. And the General Assembly may re-apportion, change or enlarge the jurisdiction of the several courts in Baltimore city. Until otherwise provided by law, the Clerk of the Superior Court of Balti- more city, of the Court of Common Pleas> of the Circuit Court of Baltimore city, of the Baltimore City Court, and of the Criminal Court of Baltimore, shall each give bond in such penalty as is now prescribed, by law, to be given by the Clerks of the courts, bearing the same names, under the present Constitution. Past V— ORPHANS' COUBTS. § 40. The qualified voters of the city of Baltimore, and of the sev- eral counties, shall on the Tuesday next after the first Monday in November next, and on the same day in every fourth year thereafter, elect three men to be Judges of the Orphans' Courts of said city and counties, respectively, who shall be citizens of the State, and residents for the twelve months preceding, in the city, or county, for which they may be elected. They shall have all the powers now vested in the Or- phans' Courts of the State, subject to such changes as the Legislature may prescribe. Each of said Judges shall be paid a per diem for the time they are actually in session, to be regulated by law, and to be paid by the said city or county, respectively. In case of a vacancy in the office of Judge of the Orphans' Court, the Governor shall appoint, subject to confirmation or rejection by the Senate, some suitable person to fill the same for the residue of the term. § 41. There shall be a Register of Wills in each county of the State and the city of Baltimore, to be elected by the^ legal and qualified votes of said counties and city, respectively, who shall hold his office for six years from the time of his election, and tintil his successor is elected and qualified; he shall be re-eligible, and subject at all times to removal for willful neglect of duty, or misdemeanor in office, in the ; Constitution of Maryland, 1867. 591 same manner that the Clerks of the courts are removable. In the event of any vacancy in the office of Eegister of Wills, said vacancy shall be filled by the Judges of the Orphans' Court, in which such vacancy occurs, until the next general election for Delegates to the General Assembly, -when a Eegister shall be elected to serve for six years thereafter. Past VI— JUSTICES OP THE PEACE. § 43. 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, respectively, shall appoint such number of Constables, for the several Election Districts of the counties, and wards of the city of Baltimore, as are now, or may hereafter be pre- scribed by law ; and Justices of the Peace and Constables, so appointed, shall be subject to removal by the Judge, or Judges, having criminal jurisdiction in the county, or city, for incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a court of law. The Justices of the Peace and Constables, so appointed, and commis- sioned, 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 hereafter prescribed by law. § 43. 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 Constable, the County Commissioners of the county in which the vacancy occurs, or the Mayor and City Council of Balti- more, as the case may be, shall appoint a person to serve as Constable for the residue of the term. Pabt VII— sheriffs. § 44. 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 pre- ceding his election, a citizen of this State, to the office of SheriflP'. 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 case of a vacancy by death, resignation, refusal to serve, or neglect to qualify, or give bond, 592 Constitution of Martland, 1867. or by disqualification, or removal from the county, or city, the Gov- ernor shall appoint a person to be Sheriff for the remainder of the oflBcial term. § 45. Coroners, Elisors, and Notaries Public may be appointed for each county, and the city of Baltimore, in the manner, for the pur- pose, and with the powers now fixed, or which may hereafter be pre- scribed by law. ARTICLE V. ATTOENET-GElfrEEAL AKD STATE'S ATTOBSTETS. ATTORNEY-GENERAL. Sectiok 1. There shall be an Attorney-General elected by the qualified voters of the 8tate, on general ticket, on the Tuesday next after the first Monday in the month of November, 1867, and on the same day in every fourth year thereafter, who shall hold his ofBce for four years from the time of his election and qualification, and until his successor is elected and qualified, and shalf 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. § 3. All elections for Attorney-General shall be certified to, and returns made thereof by the Clerks of the Circuit Courts of the sev- eral counties, and the Clerk of the Superior Court of Baltimore city, to the Governor of the State, whose duty it shall be to decide on the election and qualification of the person returned ; and in case 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. § 3. 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 appointment and qualification, and which thereafter may be depend- ing 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 Comp- troller, the Treasurer, or anj State's Attorney, on any legal matter, or subject depending before them, or either of them ; and when required by the Governor, 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 Constitution of Masyland, 1867. 593 shall receive for his services an annual salary of three thousand dol- lars; but he shall not be entitled to receive any fees, perquisites, or rewards, whatever, in addition to the salary aforesaid, for the perforn^- ance of any ofB.cial duty; nor have power to appoint any agent, repre- sentative, or deputy, under any circumstances, whatever; nor shall the Governor employ any additional counsel in any case, whatever, unless authorized by the General Assembly. § 4. No person shall be eligible to the ofiBce of Attorney-General, who is not a citizen of this State, and a qualified voter therein, and has not resided and practiced law in this State for at least ten years- § 5. In case of vacancy in the oflSce of Attorney-General, occasioned by death, resignation, removal from the State, or from of&ce, or other disqualification, the said vacancy shall be filled by the Governor, for the residue of the term thus made vacant. § 6. It shall be the duty of the Clerk of the Court of Appeals, and of 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 interest, immediately to notify the Attorney-General thereof. THE STATE'S ATTORNEYS. § 7. 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 of Ifovember in the year 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 ensuing 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, or by a vote of two-thirds of the Senate, on the recommendation of the Attorney-General. § 8. All elections for the State's Attorney shall be certified to, and returns made thereof, by the Clerks of the said counties and city, to the Judges thereof, having criminal jurisdiction, respectively, whose duty it shall be to decide upon the elections and qualification of the persons 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 person elected. § 9. The State's Attorney shall perform such duties and receive such fees and commissions as are now, or may hereafter be prescribed by law, and if any State's Attorney shall receive any other fee or reward, than such as is, or may be, allowed by law, he shall, on con- 75 594 Constitution of Maryland, 1867. vietion thereof, be removed from ofiElce : Provided, That the State's. Attorney for Baltimore city shall have power to appoint one deputy, at a salary of not more than fifteen hundred dollars per annum, to be paid by the State's Attorney out of the fees of his ofi&ce, as has here- tofore been practiced. § 10. No person shalLbe eligible to the office of State's Attorney, who has not been admitted to practice law in this State, and who has not resided for at least two years, in the county, or city, in which he may be elected. § 11. In case of vacancy in the office of State's Attorney, or of his removal from the county, or city, in which he shall have been elected, or, on his conviction, as herein specified, the said vacancy shall be filled by the Judge of the county, or city, respectively, having criminal jurisdiction, in which said vacancy shall occur, for the residue of the term thus made vacant. § 12. The State's Attorney, in each county, and the city of Balti- more, shall have authority to coUec't, and give receipt, in the name of the State, for such sums of money as may be collected by him, and forthwith make return of, and pay over the same, to the proper accounting officer. And the State's Attorney of each county, and the city of Baltimore, before he shall enter on the dischai^e of his duties, shall execute a bond to the State of Maryland, for the faithful perform- ance of his duties, in the penalty of ten thousand dollars, with two or more sureties, to be approved by the Judge of the court, having crim- inal jurisdiction, in said counties or city. AETICLE VI. TEEASUKT DEPABTMENT. Seotiok 1. There shall be a Treasury Department, consisting of a Comptroller, chosen by the qualified electors of the State, at each regular election of members of the House of Delegates, who shall receiite an annual salary of two thousand five hundred dollars ; and a Treasurer to be appointed by the two Houses of the Legislature, at each regular session thereof, on joint ballot, who shall receive ah annual salary of two thousand five hundred dollars ; and the term of office of the said Comptroller and Treasurer shall be for two years, and until their successors shall qualify; and neither of the said officers shall be allowed, or receive any fees, commissions, or per-r quisites of any kind, in addition to his salary, for the performance of any duty or services whatsoever. In case of a vacancy in either of the offices, by death, or otherwise, the Governor, by and -with the advice and consent of the Senate, shall fill such vacancy, by appoint- Constitution of Mabtland, 1867. 595 ment, to continue until another election, or a choice by the Legisla- ture, as the case nday be, and until the qualification of the successor. The Comptroller and the Treasurer ^hall keep their offices at the seat of GoTernment, and shall take such oath, and enter into such bonds for the faithful discharge of their duties, as are now, or may hereafter be, prescribed by law. § 2. The Comptroller shall have the general superintendence 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 prompt collec- tion of all taxes and revenue ; adjust and settle, on terms prescribed by law, with delinquent collectors and receivers of taxes an'd State revenue ; preserve all public accounts ; decide on the forms of keeping and stating accounts ; grant, under regulations, prescribed by law, all warrants for money to be paid out of the treasury, in pursuance of appropriations by law; and coiintersign all checks drawn by the Treasurer upon any bank or banks, in which the moneys of the State may, from time to time, be deposited ; prescribe the formalities of the transfer of stock, or other evidence of the State debt, and countersign the same, without which, such evidences shall not be valid j he shall make to the General Assembly full reports of all his proceedings, and of the state of the Treasury Department, within ten days after the com- mencement of each session ; and perform such other duties as shall be prescribed by law. § 3. The Treasurer shall receive the moneys of the State, and, until otherwise prescribed by law, deposit them, as soon as received, to the credit of the State, in such bank, or banks, as he may, from time to time, with the approval of the Governor, select, the said bank or banks giving security, satisfactory to the Governor, for the safe keep- ing and forthcoming, when required, of.said deposits, and shall disburse the same for the purposes of the State, according to law, upon warrants drawn by the Comptroller, and onlchecks countersigned by him, and not otherwise; he shall take receipts for all moneys paid by him; and receipts for moneys received by him shall be indorsed upon warrants, signed by the Comptroller; without which warrants, so signed, no acknowledgment of money received into the treasury shall be valid ; and upon wairrants, 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 countersigned by the Comptroller ; and no new certificate, or other evidence intended to replace another, shall be 596 Constitution of Maryland, 1867. issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other eyidence canceled ; but the Legislature may make provisions for the loss of certificates, or other evidences of the debt, and may prescribe by law the manner in which the Treasurer shall receive and keep the moneys of the State. § 4. The Treasurer shall render his accounts, quarterly, to the Comptroller ; and shall publish, monthly, in such newspapers as the Governor may direct, an abstract thereof, showing the amount of cash on hand, and the place, or places of deposit thereof; and on the third day of each regular session of the Legislature, he shall submit to the Senate- and House of Delegates fair and accurate 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 money in his* hands, and perform all other duties that shall be pre- scribed by law. , § 5. The Comptroller shall qualify, and enter on the duties of his office, on the third Holiday of January next succeeding the time of his election, or as soon thereafter as practicable. And the Treasurer shall qualify within one month after his appointment by the Legis- lature. § 6. Whenever during the recess of the Legislature charges shall be preferred to the Governor against the Comptroller or Treasurer, for incompetency, malfeasance in office, willful neglect of duty, or misappropriation of the funds of the State, it shall be the duty of the Governor to forthwith notify the party so charged, and fix a day for a hearing of said charges ; and if, from the evidence taken under oath, on said hearing before the Governor, the said allegations shall be sus- tained, it shall be the duty of the Governor to remove said offending officer, and to appoint another in his place, who shall hold his office for the unexpired term of the officer so removed. • AKTICLE Vn. STJKDET OFFICEES. Sectioit 1. County Commissioners shall be elected on general ticket of each county, by the qualified voters of the several counties of this State, on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-seven, and on the same day in every second year thereafter. Their number in each county, their compensation, powers and duties, shall be such as are now, or may be hereafter, prescribed by law. ■ Constitution of Maryland, 1867. 597 § 2. The qualified Toters of each county, and of the city of Balti- more, shall, on the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and sixty-seven, and on the same day in every second year thereafter, elect a Surveyor for each county and the city of Baltimore, respectively, whose term of office shall commence* on the first Monday of January next ensuing their election ; and whose duties and compensation shall he the same as are now, or may hereafter be prescribed by law. And any vacancy in the office of Surveyor, shall be filled by the Commissioners of the counties, or by the Mayor and City Council of Baltimore, respectively, for the residue of the term. § 3. The State Librarian shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office during the term of the Governor, by whom he shall have been appointed, and until his successor shall be appointed and qualified. His salary shall be fifteen hundred dollars a year; and he shall perform such duties as are now, or may hereafter be prescribed by law ; and no appropriations shall be made by law, to pay for any Clerk or assistant to the Librarian. And it shall be the duty of the Legisla- ture, at its first session after the adoption of this Constitution, to pass a law regulating the mode and manner in which the books in the library shall be kept and accounted for by the Librarian, and requir- ing the Librarian to give a bond, in such penalty«as the Legislature may prescribe, for the proper discharge of his duties. § 4. There shall be a Commissioner of the Land Office, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office during the term of the Governor, by whom he shall have been appointed, and until his successor shall be appointed and qualified. He shall perform such duties as are now required of the Commissioner of the Land Office, or such as may here- after be prescribed by law, and shall also be the keeper of the Chancery records. He shall receive a salary of one thousand five hundred 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 Com- missioner of the Land Office, and as keepei; of the Chancery records, to the Comptroller of the Treasury, and shall pay the same semi-annually into the treasury. § 5. The Commissioner of the Land Office shall also, without addi- tional compensation, collect, arrange, classify, have charge of, and safely keep all papers, records, relics, and other memorials connected with the early history of Maryland, not belonging to any other office. 598 Constitution of Maryland, 1867. § 6. The qualified voters of Worcester county shall, ou the Tuesday next after the first Monday in the month of NoTember, in the year eighteen hundred and sixty-seven, and every two years thereafter, elect a "Wreck Master for said county, whose duties and compensation shall be the same as are now, or may be hereafter, prescribed by law ; the term of oflSice of said Wreck Master shall commence on the first Monday of January, next succeeding Jjis election, and a vacancy in said office shall be filled by the County Commissioners of said oounly for the residue of the term. ARTICLE VIII. EDUCATION. Sbction 1. The General Assembly, at its first session after the adoption of this Constitution, shall by law establish throughout the State a thorough and efficient system of free public schools ; and shall provide by taxation, or otherwise, for their maintenance. . § 3. The system of public schools, as now constituted, shall remain in force until the end of the said first session of the General Assembly, and shall then expire ; except so far as adopted, or continued, by the General Assembly. § 3. The School Fund of the State shall be kept inviolate, and appropriated only to the purposes of education. • AKTICLE IX. MILITIA AND MILITAET ABFAIKS. Sbotion 1. The General Assembly shall make, from time to time, such provision for organizing, equipping and disciplining the militia, as the exigency njay require, and pass such laws to promote volunteer militia organizations as may afford them effectual encouragement. § 2. There shall be an Adjutant-General appointed by the Governor, ■ by and with the advice and consent of the Senate. He shall hold his office until the appointment and qualification of his succcessor, or until removed in pursuance of the sentence of a court-martial. He shall perform such duties, and receive, such compensation or emolu- ments as are now, or may be prescribed by law. He shall discharge the duties of his office at the seat of government, unless absent, under orders, on dnty; and no other officer of the general staff of the militia shall receive salary or pay, except when on service, and mustered in with troops. § 3. The existing militia law of the State shall expire at the end of the next session of the General Assembly, except so far aa it may be re-enacted, subject to the provisions of this article. Constitution of Maryland, 1867. 599 ARTICLE X. LABOB AKD AGBICULTUEB. Sectiok 1. There shall be a Superintendent of Labor and Agricul- ture, elected by the qualified voters of this State at the first general election for Delegates to the General Assembly after the adoption of this Constitution, who shall hold his office for the term of four years, and until the election and qualification of his successor. § 3. His qualifications shall be the same as those prescribed for the Comptroller ; he shall qualify and enter upon the duties of his office on the second Monday of January next, succeeding the time of his election ; and a vacancy in the office shall be filled by the Governor for the residue of the term. § 3. He 'shall perform such of the duties now devolved by law upon' the Commissioner of Immigration, and the Immigration Agent, as will promote the object, for which those officers were appointed, and such other duties as may be assigned to him by the General Assembly, and shall receive a salary of twenty-five hundred dollars a year ; and after his election and qualification, the offices before mentioned shall cease. § 4. He shall supervise all the State Inspectors of agricultural pro- ducts and fertilizers ; and from time to time, shall carefully examine and audit their accounts, and prescribe regulations, not inconsistent with law, tending to secure economy and' efficiency in the business of their offices. He shall have the supervision of the tobacco warehouses, and all other buildings used for inspection and storage purposes by the State ; and may, at the discretion of the Legislature, have the super- vision of all public buildings now belonging to, or which may here- after be erected by the State, He shall frequently inspect such build- ings as are committed to his charge, and examine all. accounts for labor and materials required for their construction, or repairs. § 5. He shall inquire into the undeveloped resources of wealth of the State of Maryland more especially concerning those within the limits of the Chesapeake Bay and its tributaries, which belong to the State, and suggest such plans as may be calculated to render them available as sources of revenue. § 6. He shall make detailed reports to every General Assembly within the first week of its session, in reference to each of the subjects committed to his charge, and he shall also report to the Governor, in the recess of the Legislature, all abuses, or irregularities, which he may find to exist in any department of public affairs, with which his office is connected. • 600 Constitution of Maryland, 1867. § 7. The office hereby established shall continue for four years from the date of the qualification of the first incumbent thereof; and shall then expire, unless continued by the General Assembly. ARTICLE XL CUT OF BALTIMORE. SECTioif 1. The inhabitants of the (Slty of Baltimore, qualified by law to vote in said city for members of the House of Delegates, shall on the fourth Wednesday of October, eighteen hundred and sixty- seven, and on the same day in every fourth year thereafter, elect a person to be Mayor of the city of Baltimore, who shall have such qualifications, receive such compensation, discharge such duties, and have such powers as are now or may hereafter be prescribed by law ; and the term of whose office shall commence on the first Monday of November succeeding his election, and shall continue for four years, and until his successor shall have qualified ; and he shall be ineligible for the term next succeeding that for which he was elected. § 3. The City Council of Baltimore shall consist of two Branches, one of which shall be called the First Branch, and the other the Second Branch ; and each shall consist of such number of members, having such qualification, receiving such compensation, performing such duties, possessing such powers, holding such terms of office, and elected in such manner, as are now, or may hereafter be prescribed by law. § 3. An election for members of the First and Second Branch of the City Council of Baltimore shall be held in the city of Baltimore on the fourth Wednesday of October, eighteen hundred and sixty-seven ; and for members of the First Branch on the same day in every year thereafter; and for members of the Second Branch on the same day in every second year thereafter ; and the qualification for electors of the members of the City Council shall be the same as those prescribed for the electors of Mayor. § 4 The regular sessions of the City Council of Baltimore (which shall be annual), shall commence on the third Monday of January of each year, and shall not continue more than ninety days, exclusive of Sundays ; but the Mayor may convene the City Council in extra session whenever, and as often as it may appear to him that the public good may require ; but no called, or extra session shall last longer than twenty days, exclusive of Sundays. § 5. TSo person, elected and qualified as Mayor, or as a member of the City Council, shall, during the term for which he was elected, hold any other office of profit or trust, created, or tfr be created, by the Mayor Constitution of Maryland, 1867. 601 and City Council of Baltimore, or by any lav relating to the corpora- tion of Baltimore, or hold any emolument or position, the compen- sation of which shall be paid, directly or indirectly, out of the city treasury; nor shall any such person be interested, directly or indi- rectly, in any contract, to which the city is a party ; nor shall it be lawful for any person, holding any office under the city, to be inter- ested, while holding such office, in any contract to which the city is a party. § 6. The Mayor shall, on conviction in a court of law, of willful neglect of duty, or misbehavior 'in office, he removed from office by the Governor of the State, and a successor shall thereaftisr be elected as in a case of vacancy. § 7. From and after the adoption of this Constitution, no debt (except as hereinafter excepted), shall be created by the Mayor and City Council of Baltimore ; nor shall the credit of the Mayor and City Council of Baltimore be given, or loaned to, or in aid of any individ- ual, association, or corporation ; nor shall the Mayor and City Council of Baltimore have the power to involve the city of Baltimore in the construction of works of internal improvement, nor in granting any aid thereto, which shall involve the faith and credit of the city, nor make any appropriation therefor, unless such debt, or credit be author- ized by an act of the General Assembly of Maryland, and by an ordinance of the Mayor and City Council of Baltimore, submitted to the legal voters of the city of Baltimore at such time and place as may be fixed by said ordinance, and approved by a majority of the votes cast at such time and place ; but the Mayor and City Council may, temporarily, borrow any amount of money to meet any deficiency in the city treasury, or to provide for any emergency arising from the necessity of maintaining the police, or preserving the safety and sanitary condition of the city, and may make due and proper arrange- ments and agreements for the removal and extension, in whole or in part, of any and all debts and obligations, created according to law before the adoption of this Constitution. § 8. All laws and ordinances, now in force, applicable to the city of Baltimore, not inconsistent with this Article, shall be, and they are hereby continued until changed in due course of law. § 9. The General Assembly may make such changes in this Article, except in Section seven thereof, as it may deem best ; and this Article shall not be so construed, or taken as to make the political corpora- tion of Baltimore independent of, or free, from the control which the General Assembly of Maryland has over all such corporations in this State. 76 602 Constitution- of Maryland, 1867. ARTICLE XII. PUBLIC WORKS. Section 1. 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 January, April, July and October, in each year, and oftener, if necessary; at which sessions they shall hear and determine such matters as affect the Public Works of the State, and as the General Assembly 'may confer upon them the power to decide. § 2. They shall exercise a diligent and faithful supervision of all public works in which the State may be interested as stockholder or creditor, and shall represent,, and vote the stock of the State of Mary- land, in all meetings of the stockholders of the Chesapeake and Ohio Canal ; and shall appoint the Directors in every railroad and canal cotnpany, 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 the respective companies, for which they are appointed, or elected. And the President and Directors of the said Chesapeake and Ohio Canal Company shall so regulate the tolls of said company, from time to time, as to produce the largest amount of revenue, and to avoid the injurious effects to said company of rival competitors by other internal improvement companies. They shall require the Directors of all said public works to guard the public interest, and prevent the establishment of tolls which shall discriminate against the interest of the citizens or products of this State, and from time to time, and as often as there shall be any change in the rates of toll on any of the said works, to furnish the said Board of Public Works a schedule of such modified rates of toll, and so 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 may deem necessary and requisite to promote or protect the interests of the State in the said public works ; they shall perform such other duties as may be hereafter prescribed by law ; and a majority of them shall be competent to act. The Governor, Comp- troller and Treasurer shall receive no additional salary for services rendered by them as members of the Board of Public Works. The provisions of the act of the General Assembly of Maryland, of the year 1867, chapter 359, are hereby declared null and void. § 3. The Board of Public Works is hereby authorized to exchange the State's interest as stockholder and creditor in the Baltimore and Constitution of Maryland, 1867. 603 Ohio Eailroad company for an equal amount of the bonds or regis- tered debt now owing by the State, to the extent only of all the pre- ferred stock of the State on which the State is entitled to only six per cent, interest : Provided, Such exchange shall not be made at less than par, nor less than the market value of said stock ; and the said Board is authorized subject to such regulations and conditions as the G-eneral Assembly may, from time to time, prescribe, to sell the State's interest in the other works of internal improvement, whether as a stockholder or a creditor, and also the State's interest in any banking corporation, receiving in payment the bonds and registered debt now owing by the State, equal in amount to the price obtained for the State's said interest : Provided, That the interest of the State in the Washington branch of the Baltimore and Ohio Railroad be reserved and excepted from sale ; And provided further, That no sale or con- tract of sale of the State's interest in the Chesapeake and Ohio Canal, the Chesapeake and Delaware Canal, and the Susquehanna and Tide- Water Canal companies shall go into effect until the same shall be ratified by the ensuing General Assembly. ARTICLE XIII. NEW COUNTIES. Sbctiout 1. The General Assembly may provide, by law, for organ- izing new counties, locating and removing county seats, and changing county lines ; but no new county shall be organized without the con- sent of the majority of the legal voters residing within the limits pro- posed to be formed into said new county ; and whenever a new county shall be proposed to be formed out of portions of two or more coun- ties, the consent of a majority of the legal voters of such part of each of said counties, respectively, shall be required ; nor shall the lines of any county be changed without the consent of a majority of the legal voters, residing within the district, which, under said proposed change, would form a part of a county different from that to which it belonged prior to said change ; and no new county shall contain less than four hundred square miles, nor less than ten thousand white inhabitants ; nor shall any change be made in the limits of any county, whereby the population of .said county would be reduced to less than ten thousand white inhabitants, or its territory reduced to less than four hundred square miles. § 2. At the election to be held for the adoption, or rejection of this Constitution, in each election district, in those parts of Worcester and Somerset counties, comprised within the following limits, viz. : Begin- ning at the point where Mason ahd Dixon's liiiecrofises'th6 channel 604 Constitution of Maryland, 1867. of Pocomoke Kiver ; thence following said line to the channel of the Nanticoke Eiver ; thence with the channel of said river to Tangier Sound, or the intersection of Nanticoke and Wicomico Eivers ; thence up the channel of the Wicomico Kiver to the mouth of Wicomico Creek ; thence with the channel of said creek and Passerdyke Creek to Dashield's, or Disharoon's Mills ; thence with the mill-pond of said mills and branch following the, middle prong of said branch, to Meadow Bridge, on the road, dividing the counties of Somerset and Worcester, near the southwest comer of the farm of William P. Mor- ris ; thence due east to the Pocomoke Eiver ; thence with the channel of said river to the beginning, — the Judges of election, in each of said districts, shall receive the ballots of each elector, voting at said election, who has resided for six months, preceding said election within said limits, for or against a new county ; and the Ketum Judges of said election districts shall certify the result of such voting, in the manner, now prescribed by law, to the Governor, who shall by proclamation make known the same ; and if a majority of the legal votes, cast within that part of Worcester county, contained within said lin£s, and also a majority of the legal votes cast within that part of Somerset county, contained within said lines, shall be in favor of a new county, then said parts of Worcester and Somerset counties shall become and con- stitute a new county, to be called Wicomico county ; and Salisbury shall be the county seat. And, the inhabitants thereof shall thence- forth hate and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties of this State. § 3. When said new county shall have been so created, the inhabit- ants thereof shall cease to have any claim to, or interest in the county buildings and other public property of every description, belonging to said counties of Somerset and Worcester, respectively, and shall be liable for their proportionate shares of the then existing debts and obligations of the* said counties, according to the last assess- ment in said counties, to be ascertained and apportioned by the Circuit Court- of Somerset county, as to the debts and obligations of said county, and by the Circuit Court of Worcester county, as to. the debts and obligations of said county, on the petition of the County Commis- sioners of the said counties, respectively ; and the property in each part of the said counties, included in said new county, shall be bound only for the shares of the debts or obligations of the county from which it shall be separated ; and the inhabitants of said new county shall also pay the county taxes levied upon them at the time of the creation of such new county, as if such new county had not been created ; and on the application of twelve citizens of the proposed county of Wicomico, the Surveyor of Worcester county shall run and Constitution of Maryland, 1867. 605 locate the line from Meadow Bridge to the Pocomoke river previous to the adoption, or rejection of this Constitution, and at the expense of said petitioners. § 4. At the first general election held under this Constitution, the qualified voters of said new county shall be entitled to elect a Senator and two Delegates to the General Assembly, and all such county, or other ofiBcers as this Constitution may authorize, or require to be elected by other counties of the State ; a notice of such election shall be given by the Sheriffs of Worcester and Somerset counties in the manner now prescribed by law ; and in case said new county shall be established, as aforesaid, then the counties of Somerset and Worcester shall be entitled to elect but two Delegates each to the General Assembly. § 5. The county of Wicomico, if formed according to the provisions of this Constitution, shall be embraced in the first Judicial Circuit ; and the times for holding the courts therein shall be fixed and deter- mined by the General Assembly. § 6. The General Assembly* shall pass all such laws as may be necessary more fully to carry ipto eflfeot the provisions of this Article. ARTICLE XIV. AMENDMENTS TO THE CONSTITUTION. Section 1. The General Assembly may propose amendments to this Constitution : Provided, That each amendment shall be embraced in a separate bill, embodying the article or section, as the same will stand when amended and passed by three-fifths of all the members elected to each of the two Houses, by yeas and nays, to be entered on the Journals with the proposed Amendment. The bill, or bills, pro- posing amendment, or amendments, shall be published by order of the Governor, in at least two newspapers in each county, where so many may be published, and where not more than one may be pub- lished, then in that newspaper, ^nd in three newspapers published in the city of Baltimore, one of which shall be in the German language, once a week, for at least three months preceding the next ensuing general election, at which the said proposed amendment, or amend- ments shall be submitted, in a form to be prescribed by the General Assembly, to -the qualified voters of the State for adoption or rejection. The votes cast for and against said proposed amendment, or amend- ments, severally, shall be returned to the Governor, in the manner prescribed in other cases, and if it shall appear to the Governor that a majority of the votes cast at said election on said amendment, or amendments, severally, were cast in favor thereof, the Governor shall, 606 Constitution of Maryland, 1867. by his proclamation, declare the said amendment, or amendments, having received said majority of votes, to have been adopted by the people of Maryland as part of the Constitution thereof, and thence- forth said amendment, or amendments shall be part of the said Con- stitution. When two or more amendments shall be submitted, in manner aforesaid, to the voters of this State at the same election, they shall be so submitted as that each amendment shall be voted on separately. * § 2. It shall be the duty of the General Assembly to provide bylaw for taking, at the general election to be held in the year eighteen hundred and eighty-seven, and every twenty years thereafter, the sense of the people in regard to calling a Convention for altering this Constitution ; and if a majority of voters at such election or elections shall vote for a Convention, the General^ Assembly, at its next session, shall provide by law for the assembling of such Convention, and for the election of Delegates thereto. Each county, and Legislative District of the city of Baltimore, shall have in such Convention a number of Delegates equal to its representation in both Houses at the time' at which the Convention is called. But any Constitution, or change, or amendment of the existing Constitution, which may be adopted by such Convention, shall be submitted to the voters of this State, and shall have no effect unless the same shall have been adopted by a majority of the voters voting thereon. ABTICLE XV. MISCELLAN'BOUS. Sectiost 1. Every person holding any office created by, or existing under the Constitution or laws of the State (except Justices of the Peace, Constables and Coroners), or holding any appointment under any court of this State, whose pay, or compensation is derived from fees, or moneys coming into his hands for the discharge of his official duties, or, in any way, growing out of, or connected with his office, shall keep a book in which shall be entered every sum, or sums, of money received by him, or on his account, as a payment, or compen- sation -for his performance of official duties, a copy of which entries in said book, verified by the 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, to which the Comptroller shall, at each regular session thereof, make a report showing what officers have complied with this section ; and each of the said officers, when the amount received by him for the year shall exceed the sum which he is, ^by law entitled to retain, as Constitution of Maryland, 1867. 607 his salary, or compensation for the discharge of his duties, and for the expenses of his ofl&ce, shall yearly pay over to the Treasurer of the State the amount of such excess, subject to such disposition thereof as the General Assembly may direct ; if any of such oflBcers shall fail to comply with the requisitions of this section for the period of thirty days after the expiration of each and every year of his ofiQce, such officer shall be deemed to have vacated his office, and the Governor shall declare the same vacant, and the vacancy therein, shall be filled as in case of vacancy for any other cause, and such, officer shall be subject to suit by the State for the amount that ought to be paid into the treasury; and no person holding any office created by, or existing under this Constitution, or laws of the State, or holding any appointment, under any court in this State, shall receive more than three thousand dollars a year as a compensation for the discharge of his official duties, except in cases specially provided in this Con- stitution. § 3. The several courts existing in this State at the time of the adoption of this Constitution, shall, until superseded under its pro- visions, continue with like powers and jurisdiction, and in the exercise thereof, both at law and in equity, in all respects, as if this Constitution had not been adopted ; and when said courts shall be so superseded, all causes, then depending in said courts, shall pass into the jurisdiction of the several courts, by which they may, [be], respect- ively, superseded. § 3. The Governor, and all officers, civil and military, now holding office under this State, whether by election, or appointment, shall continue to hold, exercise and discharge the duties of their offices (unless inconsistent with, or otherwise provided in this Constitution) until they shall be superseded, under its provisions, and until their successors shall be duly qualified. ^ § 4. 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 by the Governor, except in cases specially provided for by this Constitution. § 5. In the trial of all criminal cases, the jury shall be the Judges of law, as well as of fact. § 6. The right of trial by jury of all issues of fact in civil proceed- ings in the several courts of law in this State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably pre- served. § 7. AUgeneral elections in this State shall be held on the Tuesday next after the fi^st Monday in the month of ISTovember, in the year in which they shall occur; and the first election of all officers, who, 608 Constitution of Maryland, 1867. under this Constitution, are required to be elected by the people, shall, except in cases herein specially provided for, be held on the Tuesday next after the first Monday of November, in the year eighteen hun- dred and sixty-seven. § 8. The Sheriffs of the several counties of this State, and of the city of Baltimore, shall give notice of the several elections authorized by this Constitution, in the manner prescribed by existing laws for elections to be held in this State, until* said laws shall be changed. § 9. The term of ofiBce of all Judges and other oflBcers, for whose election provision is made by this Constitution, shall except in cases otherwise expressly provided herein, commence from the time of their election ; and all such officers shall qualify as soon after their election as practicable, and shall enter upon the duties of their respective offices immediately upon their qualification ; and the term of office of the State Librarian and of the Commissioner of the Land Office «hall commence from the time of their appointment. § 10. Any officer elected or appointed in pursuance of the provis- ions of this Constitution, ma^ qualify, either according to the existing provisions of law, in relation to officers under the present Constitution, or before the Governor of the State, or before any Clerk of any court of record in any part of the State ; but in case an officer shall qualify out of the county, in which he resides, an official copy of his oath shall be filed and recorded in the Clerk's office of the Circuit Court of the county in which he may reside, or in the Clerk's office of the Superior Court of the city of Baltimore, if he shall reside therein. TOTE OK THE CGlfrSTITUTIGM'. For the purpose of ascertaining the sense of the people of this State, in regard to the adoption, or rejection of this Constitution, the Governor shall issue his proclamation within five days after the adjournment of this Convention, directed to the Sheriffs of the city of Baltimore, and of the several counties of this State, commanding them to give notice, in the manner now prescribed by law, in refer- ence to the election of members of the House of Delegates, that an election for the adoption or rejection of this Constitution, will be held in the city of Baltimore, and in the several counties of this State, on Wednesday, the eighteenth day of September, in the year eighjieen hundred and sixty-seVen, at the usual places of holding elections for members of the House of Delegates in said city and counties. At the said election the vote shall be by ballot, and upon each ballot, there shall be written, or printed, the words "For the Constitution," or " Against the Constitution," as the voter may elect ; and the provis- ions of the laws of this State, relating to the holding of general elec- Constitution of Maryland, 1867. 609 tions for members of the House of Delegates, shall, in all respects, apply to, and regulate the holding of the said election. It shall be the duty of the Judges of election, in said city, and in the several counties of the State, to receive, accurately count, and duly return the number of ballots, so cast for, or against the adoption of this Constitution,, as well as any blank ballots, which may be cast, to the several Clerks of the Circuit Courts of this State, and to the Clerk of the Superior Court of Baltimore city, in the manner now prescribed by law,' in reference to the election of members of the House of Dele- gate, and duplicates thereof directly to the Governor ; and the several Clerks aforesaid, shall return to the Governor, within ten days after said election, the number of ballots cast for or against the Constitu- tion, and the number of ' blank ballots ; and the Governor, upon receiving the returns, and ascertaining the aggregate vote throughout the State, shall, by his proclamation, make known the same ; and if a majority of the votes cast shall be for the adoption of this Constitu- tion, it shall go into effect on Saturday, the fifth day of October, . eighteen hundred and sixty-seven. Done, in Convention, the seventeenth day of August, in the year of our Lord one thousand eight hundred and sixty-seven, and of the Independence of the United States, the ninety-second. EICHARD B. CARMICHAEL, Attest : President of the Convention. MiiTOK Y. KiDD, Secretary. MEMBERS OP THE CONVENTION. , A lUgcmy County. Thomas Perry, Alfred Spates, William Walsh, J. Philip Boman, Jacob Hoblitzell, Thomas J. McKaig. Anne Arundel County. James B. Howison, Thomas I. Hall, E. G. Kilbourn, liUther G-iddings. Baltimore City — \it Legislative Dis- trict. liindsay H. Reynolds, Ezra Whitman, John H. Barnes, Isaac S. George, Joshua Yansant, Edward F. Flaherty, James A. Henderson. 77 Baltimore City — 2d Legislative Dis- trict. George M. GUI, George Wm. Brown, Bernard Carter, Albert Bitchie, Henry P. Garey, George W. Dobbin, J. Hall Pleasantb. Baltimore City -r id Legislative Dis- trict. James B. Brewer, John Ferry, J. Montgomery Peters, John Pranck, Jos. P. Merryman, I. M. Denson, Walter S. Wilkinson. Baltimore Oowniy. Charles A, Buchanan, John Wethered, 610 Constitution of Maryland, 1867. Ephraim Bell, Anthony Kennedy, Samuel W. Starr, Charles H. Nicolai, Robert 0. Barry. Calvert Cov/nty. John Parran, Charles S. Parran, John P. Ireland. Caroline Co/umty, B. E. Hardcastle, CSharles E. Tarr, Tilghman H. Hubbard, W. H. Watkins. Carroll Oo/uMty. John K. Ijongwell, George W. Manro, Sterling Gait, Benjamin W. Bennett, Thomas P. Cover, William N. Hayden. Cedl County. Benjamin B. Chambers, George B. Howard, James B. Groome, James O. McCormick, Eli Cosgrove. Charles County. "Walter Mitchell, "Vivian Brent, John T. Stoddert. Dorchester Oowidy. James Wallace, Wm. T. Gk»ldsborough, Greorge E. Austin, IJevin Hodson. Frederiek County. William P. Maulsby, Frederick J. Kelson, Harvy W. Dorsey, Outerbridge Horsey, William S. MoPherson, John B. Thomas, Dewitt C. Johnson. Harford County. Henry D. Pamandis, Henry W. Archer, John Evans, Evans S. Rogers, Henry A. Silver. Howard County. Wm. M. Merrick, James Mackubin, Henry O. Devries, James Morris. Kent County. Joseph A. Wickes, Richard W. Ringgold, C. H. B. Massey, Wm. Janvier. Montgomery County. 'Greenbury M. Watkins Nicholas Brewer, Samuel Riggs, of R., Washington Duvsdl. Prince George County. John F. Lee, John B. Brooke, Kendall Moxbury, Elbert G. Emack. Queen Anne's County. Richard B. Carmichael, Thomas J.. Keating, Washington Finley, Stephen J. Bradbury. St. Mary's Covmty. Robert Ford, John F. Dent, Baker A. Jamison. Somerset County. Pumell Toadvine, Thomas P. J. Rider, James L. Horsey, Isaac D. Jones, Henry Page. 7}aVbot Comity. William Goldsborough, Richard C. Hollyday, Henry E. Bateman, Ormond Hammond. Wa,shington Cownty, Andrew K. Lyester, Richard H. Alvey, Joseph Murray, S. S. Cunningham, William Motter, G«orge Pole. TForcester Oivmity. J. Hopkins Tarr, liittlejohn F. Franklin, Thomas P. Parker, Samuel S. McMaster, George W. Covington. MASSACHrSETTS. In 1606, an association for promoting settlements in America, was incorporated by James I, with two separate Councils of Control, the first known as the Lon- don, and the second as the Plymouth Council. Three years after, the former received a new Charter and became known as the South Virginia Company. An illegal and arbitrary exercise of the Royal power excited in time, a spirit of mutual hostility between the King and this company, and in 1619 they pro- ceeded to elect a Treasurer, in direct opposition to the expressed wishes of the monarch. This, and other causes of irritation, led him to encourage the northern company as a check upon its more independent rival. A patent was accordingly issued by the King in Council, November 3, 1620, for the lands between 40° and 48° north latitude from sea to sea, and incorporating Sir Ferdinand Gorges and his associates, under the title of " The CouncU estab- lished at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing of New England in America." It passed under the great Seal, on the 3d of July following, and constitutes the only civil basis of all the subse- quent patents in New England. Owing to the bitter hostility which the first conxpany excited against it, and the rigid enforcement of odious exclusive priv- ileges, the New England company became involved in perplexing diflaculties, and it finally surrendered its corporate powers in 1635, having granted parts and subdivided the remainder, by lot, among the associates. This parceling out of their territory was done by the company, upon a commission of survey and dis tribution, and had reference " as well to the proposition of the adventurers, as to the special service, liazard, exploit, or merit of any person so to be recom- pensed and advanced or rewarded." Each patentee thus became a Lord Pro- prietor of his portion, with absolute title, and all the powers of government, which had been vested in the company by the King. Settlement was begun, 1620, at Plymouth, by a company of people of the sect known as Brownists or Separatists, commonly called, in our histories, " Pilgrims," who had applied to the London or South Virginia company for a grant of land, which, owing to dissensions within that company, and difficulties with the King, they had great difficulty in obtaining, but at length secured. They had been invited by the Dutch to settle upon the Hudson, and at an early period a project of removal to Guiana was proposed, but after full deUberatiou, it was finally thought best to form a colony by themselves in New England. They at length sailed on the 6th of September (O. S.), 1620, and after a stormy passage of sixty-five days, they discovered land, and recognized it as Cape Cod. After some deliberation among themselves, and with the master of the ship, they resolved to steer southward, to find some place about the Hudson river for their habitation, but within half a day they fell in with dangerous shoals and breakers, which induced them to return again to the Cape, and after exploring the coast for some days, they finally, on the 11th of December (O. S.), landed and began settlement at Plymouth. Before leaving the ship, the Colonists drew up and signed an original Compact, in which, after acknowledging themselves subjects of the Crown of England, they proceeded to declare, that : " Having undertaken, for the glory of God, and the advancement of the Christian faith, and the honor of our King and country, a voyage, to plant the first colony in the northern parts ot Virginia, we do, by these presents, solemnly and mutually, in the presence of God, 612 Massacbusbtts. and of one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid, and by virtue hereof do enact, constitute and frame such just and equal laws', ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the Colony ; unto which we promise all due submission and obedience." The settlers, finding that they were within the limits of the Plymouth Com- pany's grant, a patent was procured June 1, 1621, from that corporation, in (he name of John Pierce and his associates. On the 20th of April, 1620, Pierce clan- destinely procured a second patent with more ample powers, under which he intended to establish a monarchical court, and compel the settlers to hold of him as Lord of the Manor. But, after being twice driven back by storms, in great peril of shipwreck, he abandoned his project, and sold his patent to the com- pany for £500. On the 13th of January, 1629, a third Chai-ter was granted to the Plymouth Colony, in the name of William Bradford, his heirs, associates and assigns, in which the boundaries of the Colony were defined, including the present coun- ties of Plymouth, Bristol and Barnstable,' and a tract of land upon the Ken- nebec River. By this Charter, the Colonists were allowed to make orders, ordinances and constitutions, for the ordering, disposing and governing their persons, and distributing the lands within the limits of the patent. It was never confirmed by the King ; but after waiting some years for this, they pro- ceeded, in 1635 or 1636, to define the powers of their officers, and settle on a permanent basis of government. In 1638, they transferred the powers of the whole body of freemen to Deputies, who first assembled in June, 1639. On the 2d of March, 1640, Governor Bradford surrendered to the freemen the patent which had been granted in his name, and the Plymouth Colony remained with a separate and distinct government down to 1691, when it was incorporated with that of Massachusetts. A patent for Cape Ann, dated January 1, 1623, was granted to the Plymouth people by Lord Sheffield, member of the Council for New England, and this place was used about two years for their fishing stages ; but in 1626, the settle- ment was transferred to Naumkeag, now Salem. In 1627, an association was formed at Dorchester, in England, for the purpose of planting a colony in New England. On the 19th of March, 1628, a patent was granted to Sir Henry EosweU, Sir John Young, and four others, for all that part of New England, lying between three miles northward of the Merrimack, and three miles southward of Charles River, and from the Atlantic to the South Sea. A Royal Charter was obtained March 4, 1628-29, and under this grant the Colony of Massachusetts Bay was founded. This Charter ordained that the officers of the company should be a Governor, a Deputy Governor, and eighteen Assistants, to be named in tJie first instance by the Crown, and afterward elected by the corporation. Four stated meetings of all the members were to be held annually, as a General Court, at which freemen might be admitted, and laws and ordinances passed, not repugnant to the laws of England, and the Colonists were declared entitled to all the rights of natural born English subjects. The first regulations were established, and first officers appointed, by the Company in England, but under a resolution adopted August 29, 1629, the charter, with all its powers of government, was transferred to Massachusetts, The founders of the Massachusetts Colony were of the sect known as Puritans, differing somewhat from those who first settled at Plymouth, but, like them, subjects of religious persecution in the mother country, and in quest of an asylum where they might enjoy their religious faith without molestation. 1 Hlngham belonged to Mass. ; a strip from the southern border Is now in B. I. Massacbusbtts. 613 A. large emigration soon occurred, and many settlements were formed. The Colonists, being themselves subjects of religious persecution in England, brought with them the idea that uniformity in religion was essentia to public tranquillity, and they accordingly ordained, that none but "Congrega- tional Church members should enjoy the privileges of freemen, and a spirit of intolerance was observed toward those of other religious faith. The Charter did not provide for the free exercise of religion, or the rights of conscience, nor was there any thing in it to indicate any privilege of worship peculiar to the sect which founded the Colony. But in this, as in other affairs, they appeared to consider themselves as an association possessing the natural rights of men to adopt that form of government which was most agreeable to them- selves, and best suited to their wants. WhUe claiming protection under their Charter, against the Royal demands, they did not, however, regard it as furnishing any limit to the fullest exercise of the powers of local government. Ministers of religion were maintained, and public worship provided for by taxes, an attendance upon public worship was required under penalties, and errors of opinion and heresies, were corrected or punished with censure, fines, or banishment, and even with death, in obstinate cases. Not even a single church of the Episcopal order was established, until after the first Charter was vacated. A system of education, by public schools, was established at an early day, and maintained through the Colonial period. In 1634 a Representative form of government took the place of a General Assembly of all the freemen at the General Court. These Representatives, not exceeding two in number from each town, when assembled in General Court, were fully authorized to establish laws, levy taxes, sell lands, and provide for the general welfare. The choice of officers and election of magistrates was reserved by the freemen. In 1644 two distinct and independent legislative bodies were created, each having a negative upon the acts of the other, and the concurrence of both being necessary in the enactment of laws. The number of sessions of the General Court, annually, was, in this year, reduced from four to two. New Hampshire was admitted under the government of Massachusetts in 1642, and remained untU 1679. In 1652 Maine was .also incorporated with Massachusetts, and remained until 1820. In 1634 a consultation was held respecting a body of laws, adapted to the wants of the Colony, and committees were appointed at sundry times to prepare a Code. The whole were collected, ratified and published in 1648. The dangers to which the New England Colonies were exposed, from Indian hostilities, led to the formation, in 1643, of a League between the Massachusetts, Plymouth, New Haven and Connecticut Colonies, under the name of "The United Colonies of New England." Rhode Island applied, in 1648, for admis- sion, but was refused, except upon condition of submission to the jurisdiction of Plymouth, which she refused to accept. This Union made the New England Colonies formidable to the Dutch of New Netherland, and respectable in the view of the French in Acadia and Canada, and tended to promote their general welfare during the oivU wars in the mother country, and the Indian wars of New England. A disregard of the acts of trade, enacted by Parliament, led to the appoint- ment of an Inspector of Customs, who arrived at Boston in 1679. The person selected was Edward Randolph. He was received as an enemy to the liberties of the Colony, and hiia conduct tended to irritation. After an unsuccessful effort, he went back to England, but returned in 1681, and made a vigorous ' but unsuccessful attempt to execute his office. Charges of high crimes and 614 Massachusetts. misdemeanoTS were presented to the Committee of Flantatioos by Randolph, against the Ciorporation of Massachusetts, in Jnne, 1683, and an order in CJonncil was passed July 26th, for issuing a writ of quo wamimto against the Charter of Massachusetts, with a declaration from the King, that if the Colony, before prosecution, would make full submission and entire resignation to his pleasure, he would regulate their Charter for his service and their good, and with no further silterations than should be necessary for the support of his government there. The High Court of Chancery in England, on the 18th of June, 1684, in sub- servience to the wishes of King James, gave judgment against the Grovemor and Company of Massachusetts. The Charter being canceled, the King seized the government, and sent over Joseph Dudley, and in 1686, Sir Edmond Andros, as Governor. He established arbitrary and oppressive regulations, under wliich the inhabitants became exasperated, in proporlaon as their sufiEerings increased. At length, on the 18th of April, 1689, a rumor that a massacre was intended by the Governor's guards, kindled an insurrection, in which the people seized the Governor and such others as had been most obnoxious, to the number of about fifty, placed them in confinement, and restored the former magistrates. A Council of Safety was formed, the Charter resumed, an Assembly called, and on the 29th of May the accession of William and Mary to the throne, was pro- claimed in Boston, with great ceremony and much rejoicing. A new Charter was granted October 7, 1691, by which the former Colonies of Plymouth and Massachusetts Bay, the islands off the coast, formerly under the government of New Tork, the Province of Maine, Acadia, or Nova Scotia, and the territories lying between Maine and Acadia, were united under one government, styled " The Province of the Massachusetts Bay, in New Eng- land." All grants to persons, porporations and institutions were confirmed. The power of appointing the Governor, Lieutenant-Govemor, Secretary of the Province, and officers of the Court of Admiralty was reserved by the Crown ; but the Councilors, twenty-eight in number, were appointed annually by the people's Kepresentatlves. The Governor was Commander-in-Chief of the militia, and could call, prorogue, or dissolve the Gceneral Court. He had the veto power, and, with the advice of the Council, appointed most civil officers. All laws were to be sent to the King for his approval or rejection ; but if not rejected within three years, they became valid. The General Court was vested with general le^lative powers ; could grant lands, erect courts, levy taxes, and make all wholesome laws and ordinances not inconsistent with the laws of England, liberty of conscience was secured to all sects, excepting Boman Catholics, and appeals ftom the judgments of the courts might be made to the King in Privy ConncU, in England, when the matter in difierence exceeded the value of £300. The entire right of Admiralty jurisdiction was reserved to the Crown, and the right of fishing on the coasts was free to all subjects of Great Britain. At the first session after the grant of the Provincial Charter, an act was passed declaring the general rights and liberties of the people, embracing the general provisions of the Magna Charta upon this sul^ect. The laws, from this time forward, became more liberal, as well as more exact. An explanatory Charter was granted by George I, August 20, 1725, and the Province remained without further change in its form of government, until the revolution. The last Gen- eral Court, under the authority of the Crown, was dissolved by (Sovemor Gage, June 17, 1775. A Provincial Congress was first organized in October, 1774, and a second one met in February, 1775. On the 19th of July in that year, a House of Assembly, elected in pursuance of the advice of the Continental Congress, assembled at Massachusetts. 615 Watertown. Assuming that the offices of Governor, Deputy Governor, and Councilors were vacant, from their absenting themselves, and refusing to gov- ern the Province according to their Charter, they proceeded, under the advice of the Continental Congress, on the 28th of July, to choose Councilors to act as one branch of the Legislature, and also to exercise the Executive powers of the government. They agreed to consider the ConstUvMonal Council, or the major part of them, as the supreme Executive, and to acquiesce in whatever they should constitutionally do in that capacity. The Charter was then acknowledged aa the civil Constitution of the Province, although courts of justice were suspended, and the authority of that instrument itself mostly superseded by the adoption of a resolution in the Continental Congress, May 15, 1776, declaring that the exercise of every kind of authority under the Crown should be suppressed, and that all the powers of government should be exercised under the authority of the people of the Colonies, for the preservation of internal peace, virtue and good order. This action had been somewhat anticipated by the Legislature of Massachusetts, who, on the 1st of May, passed a resolve, to alter the style of writs and other legal processes, by substituting "The People and Government of Massachusetts," for " George the' Third," and in dating official papers with the year of our Lord, without giving that of the reign. In September, 1776, the Massachusetts Assembly voted to take steps toward the framing of a form of government, and on the 5th of May, 1777, they recom- mended that the Bepresentatives elected to the next General Court should have fuU powers, in one body with the Council, to form a Constitution, subject to the approval of the people by a two-tliird vote. A considerable part of the year was spent in the preparation of a Constitution, but the records of their proceedings are but imperfectly preserved. The journals of the House and Council relate to legislative business only, and whUe sitting together as a Convention, their system of keeping a record of proceedings was partially neglected. A draft, however, was reported in January, adopted by the General Court February 28, 1778, and submitted to a vote of the people March 4, 1778. But a very partial return was made, and a hundred and twenty towns made no returns whatever. About twelve thousand voted in the whole State, and of these five-sixths were opposed to Its adoption. This first plan of a Constitution contained no BiU. of Rights or definition of powers. The three Departments recognized as distinct in all our modem State Constitututions were strangely confused, and would have led to much irregularity in practice. In fact, it was but an imperfect con- trivance, little suited as the foundation of a State government, although it con- tained the germ of some of the more valuable fruit secured by the subsequent Constitution. The Hon. John Adams, in, writing upon this subject some years afterward, was unable to assign a reason for this decided condemnation of an instrument which, although imperfect, was much better than none at all, or than the tem- porary system which necessity had created. The sentiment of opposition was almost unanimous in Boston, and this influence was strongly felt throughout the Commonwealth. ' , The legality of a Convention elected also for legislative purpos(es, appears to have been distrusted, and there was at this time a class of persons who appeared adverse to any more permanent form of government, at least for the present. The legislative body itself had become so doubtful on this point, that on the 19th of February, 1779, a majority of that Ijody ado])ted a resolution, proposing that a vote should be taken by the people upon the two following questions, to test . their wishes upon the questions: 1st, As to "whether they choose at this time 616 Massachusetts. to have a new Constitution or form of government made;" and 2d, As to " whether they will empower their Representatives for the next year to vote for the calling of a State Convention for. the sole purpose of forming a new Consti- tution." In case the first question was answered In the affirmative, two-thirds of the towns having made returns, and of these a large majority for the Convention, one was elected under a resolve passed June 17, 1779, and met in Cambridge on September 1st, the appointed day. Having settled upon the principles- upon which the government should be based, namely— that it should be a, Free Republic, — that it was the essence of a free repubUo that the people should be governed hj fixed laws of their own makir^, a,nd that they should prepare a Declaration of Bights of the people of Massachusetts Bay, they appointed, on the 4th of September, a Committee of thirty persons to prepare a Declaration of Bights and form of government. On the 6th, they adjourned till October 28th, to allow the Committee time to prepare their report. It met in Boston, and after extended discussion, delegated to a sub-committee of three, consisting of James Bowdoin, Samuel Adams and John Adams, the task of preparing a draft of a Constitution. These agreed to leave it to John Adams, who prepared it, and it was accepted by them with some trifling amendments. The Declaration of Bights was intrusted to John Adams alone, by the General Committee; and it was reported by him, except the third article. In this labor he was guided by the English Constitution, the Vir- ginia Bill of Bights, and general experience. It is now difficult to determine exactly how far changes were made from the first draft, but the frame and essence of the work was preserved without material change. The Committee of thirty, reported to the Convention October 28th, and after discussing the measure until November 11th, they adjourned to January 5th, 1780, but did not proceed to business until the 27th. They finally agreed upon the form of the Constitution, March 2d, and adjourned till the first Wednesday of June, to receive the returns of an election upon the question of its adoption. The returns showed an approval by more than two-thirds, and on the 16th of June, the Convention declared its acceptance, and resolved that it should go into effect, except for the purpose of making elections, on the last Wednesday of October, 1780. The vote in Boston, while it fevofed adoption, expressed a desire for several changes, especially in the third article of the Bill of Bights, providing for religious worship, in which they wished for more toleration, and for no degree of compulsion in religious sentiment or worship. They wished the privilege of kcibeas corpus more accurately defined, and more liberty granted, so that citizens shoul d not be subject to confinement on suspicion, and they were in favor of a power in the Governor to order the militia into a neighboring State in time of danger, without an order of the Legislature. But the Convention were not authorized to act upon these amendments, and they were not enter- tained. The first Legislature, under the Constitution, met at Boston, October 25, 1780. As required in Article X, Chapter VI, Part II, the question of Convention or no Convention, was submitted to the electors in 1795. The number of votes given in favor of revising the Constitution, was 7,999, and the number against it, 8,325. There were also given, in towns which made no return of the precept, (not included in the above,) 3,387 yeas, and 2,542 nays. The separation of Maine, in 1820, and » discontent with reference to some features of the Constitution, led to a reference of the question as to whether a Convention should be held. By an act passed ' June 16, 1820, an election was held in August of that year, which gave a vote of 11,756 /or, and 6,593 against, a, Massachusetts. 617 Convention,' not a fourth part of the voters attending the election. An election of Delegates was accordingly held, October 16, and the Convention, consisting of about five hundred members, met N6vember 15, 1820, and continued by adjournment until January 9, 1821. Tt submitted fourteen amendments, of which five were rejected and nine adopted, at an election held April 9, 1821. The articles adopted were officially proclaimed June 5, 1821. Amendments adopted by the Legislature at two previous sessions, have been ratified by the people in 1831, 1833, 1836, 1840, 1855, 1857, 1859, 1860 and 1863. In 1851, the question of calling another Convention was submitted, but rejected by a vote of 60,972 to 65,846. But In 1852, a similar question was approved by a popular vote of 66,416 to 59,112, and Delegates were accordingly chosen March 7th, to meet May 4th, 1853, in Convention, at Boston, to revise the State Consti- tution. They met at ttie appointed time, and continued in session until August 1, 1853, when they closed their labors by submitting a revised Constitution, to be voted for, or against, by the people, under eight difierent questions ; the first embracing the Preamble, Declaration of Rights, and Frame of Government entire, and the others relating to separate articles or paragraphs. The election was held November 14, 1853, and resulted in a disapproval of the whole. Upon the first question, the vote was 63,222 to 68,159, and upon the others the majority against, varied from 401 to 6,683 votes. In the Constitution, as given in our text, articles of the original Constitution, and articles of amendment thereto, which have become inoperative, by reason of subsequent amendments, are Inclosed in brackets, and are printed In smaller type ; obsolete portions of articles, in some instances confined to a sentence or single word, are also covered by brackets. I It was proposed at first, that two-thirds of the citizens should be in favor of a Convention, but this was changed so as to require only a majority. CONSTITUTION OF MASSACHUSETTS, 1780. SUMMARY. PREAMBLE. Part First, — A Seclaiation of the Biehts of thelohabitantsof the Commonwealtb of Maesa- chnBetts. Fart Second. — The Frame of Gtoveniment. Chaptbrs. L The Legislative power. 1 1. The General Court. I 3, Senate. 1 3. Honse of Bepresentatives. n. Executive power. § 1. Governor. I 2. Lieutenant-Governor. I 8. Council, and the manner of settling elections hy the Le^slature. § 4. Secretary, Treasxirer, Commissary, etc. m. Judiciary power. TV. Delegates to Congress. T. The University at Cambridge, and encour- agement of Literature, etc. 1 1. The University. § 2. The encouragement of Literature, etc. TI. Oaths and subscnptions — incompatibility of, and exclusion from offices ; pecuniary qualifications : commissions ; vrrits ; con- flrmation of laws ; habeas connisj the enacting style ; continuance of officers ; provision for a future revisal of the Con- stitution, etc. Articles of Amendment. PEEAMBLE End and object of Government — right to reform and change it— the Body Politic, how formed — asocial compact — things cove- nanted — duty of people in framing a con- stitution — a form established. PART L — A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OF MASSA- CHUSETTS. ABTICIiEB. I. All men bom free and equal — inalienable "rights. n. Bight and duty of public worship — mode to be free — not to disturb others, in. [Right to authorize support of Protestant teachers of religion— and to enjoin attendance — proviso — moneys to be applied uniformly- all sects equally protected. — Art. obsolete,} IV. B^ht of self-government, y. Magistrates and, officers accountable to people. VI. Exclusive privileges forbidden. VII. Eight of reforming and changing govem- ment. Vm. OflcerB at stated periods to return to pri- vate life. IX. Elections should be free— electors have a right to be elected to office. ArTIOI/ES. X, Bight of protectloii — every one should aid in the expense of this protection — private property not to be taken for public use without payment. XI. Eight of justice. JSJi. Rights of persons accused of crime— not to be deprived of rights except ^^ by law — trial by jury. XIII. Right of trial near the place where _^^ crimes happen. XIV. Exemption from unlawful seizures ^^ and searches. XV. Trial by jury in civil cases— excep- tions. XVI. Liberty of the press. XVn. Right to bear arms -standing armies should not be maintained — military ^^^ to be subordinate to civil power. XVHI. Frequent recurrence to fundamental pnnciples, etc., enjoined — duty in choice of officers — accountability of magistrates. XIX. Right of assembling, and of petition- ing. XX Laws to be suspended only by Legis- ^^ lature, XXI. Freedom of legislative debate. XXTT. Legislature to frequently assemble. XYTTT. No tax to be levied without consent of the people or their Representatives. XXTV. JScpMi/octo laws forbidden. XXV. No subject to be declared guilty of ^^^ treason by Legislature. XXVI. Excessive bail or fines — cruel punish- ^^ ments. XX yil . Quartering of soldiers. XXV 111. Law-martial restricted to army and ^^^ navy — except militia in service. XXK. Tenure of Judges during good behav- ^^^ lor — salaries. XXX. Departments of government to be kept distinct. PAET n.— THE FRAME OF GOVERNMENT. CHAPTEB I. — TKB i;eoislativx powik. SI. — 77ie General Court. I. 'T!o consist of two branches — each to have a negative upon the other- when to assemble — how styled. n. Bills to be revised by Governor- if vetoed they may be passed by two-thirds pres- ent in each Honse — time of return limited. m. General Court may erect judicatories and courts of record. IV. May make all needful laws — other powers —valuation of estates. %%.— Senate. I. [Election of Senators— oiso/efe.] 620 Constitution of Massachusetts, 1780, Abticleb. n^ Senate to be first branch of Legislature — mode of election — who entiUed to vote — elections, how held — returns — time of elections. m. Meeting of Senate — canvass of returns. IV. Senate to judge of election, etc. , of its own members '—now published — vacancies. T. Qualification of Senators. VT, Adjournments limited. Vn. President of Senate — other officers. Vni. Senate to be a court for trial of impeach- ment. IX. Quorum. § 3. — House of Sepresentatives. I. Elected annually, upon principles of equality. IT. [Basis of representation — obsolete.'} House to mive power to fine towns neg- lecting to choose members — mileage. rn. Elected ny written votes — qualifications. IV. fQualifications of electors — obsolete.] V. mme of election — obsolete.} YI. House to have power of impeachment, vn: Money bills to originate in House — may be amended by Senate. VIII. Adjournments limited. IX. [Qnomm— o6«>fe^.] X. Powers of House — to judge of returns — to choose officers — settle rules — power over persons not members — privilege of members. XI. Senate to have power in like cases — Gov- ernor and Council also — proviso — eacrti House to try and determine all cases of rights and privileges. CHAPTER n. — EXECUTIVE power. §1. — Governor, I. Supreme Executive Magistrate — how styled. n. Chosen annually — qualificationB. HL [Mode of election — obsolete.} IV. May call Councilors together — Councils to be held. V. Powers of Governor with advice of Coun- cil—to [prorogue! and call together General Court — when may call at other place than seat of government — [when to dissolve GeneralConrt.] YI. Power to adjourn General Court in certain ^^ case. VUL. Commander-in-chief — powers as such — not to take militia out of State without ^^ leave of General Court. Vlll. Pardoning power, how vested. IX. Officers appointed by GJovemor and Coun- cil. X. Election of militia officers — time of elec- tions—appointment of Uajor-Generals — case of failure to elect — [removal of militia officers] — staff officers and aids — [officers of Continental army] — divi- sion and organization of militia. XI. Moneys to be paid on warrant of Gov- emor. Xn. Boards and officers to report to Grov* ^^ emor. Xm. To have a fixed and honorable salary — salary of Judges — may be increased. §2. — Lieutenant- Governor. I. Elected annually — title — qnalificatlonB. n. President of Council in absence of Gov- ernor — members of Council. TTT. To act as Governor in case of vacancy. S 3. — CouncU^ and the Manner of Settling Elec- tions by the Legislature. Articles. I. Council of nine members — when to meet — quorum — duty. n. [Election of Conncilore — obsolete."] m. Bank in civil arrangements. IV, [Not more than two to be from one Dis- trict — obsolete.} V. Record of proceedings — may be called for by either House. VI. Executive powers of Council in case of vacancy in office of Governor and Lieu- , tenant-Governor. Vm. [Adjournment of elections — order of choosing 7— o&«?fe^.] §4. — Secretary., Treasurer., Commissary^ etc. I. [To be chosen annually by General Court] — office of Treasurer limited. n. Secretary to keep State records — his duties. CHAPTER m. — JUDICIAET POWEB. I. Tenure of offices to be stated in commis- sions — Judicial officers to hold during good behavior — may be removed, n. Justices of Supreme Judicial Court may be required to give opinions in writing. HE. Justices of Peace to hold seven years, IV. Judges of Probate '.« ho.d courts on fixed days. V. [Cases of marriage, divorces, and alimony, and Probate appeals to be heard by Gov- ernor and Council — obsolete.} CHAPTER IV. — DELEGATES TO OOITGRESB. [Mode of elections— 0&«o2^.] CHAPTER v.— THE TTNIVERSITT AT CAHBBIDOE, Ain> ENCOURAGEMENT OF LITEBATUBE, ETC. § 1- — The University. I. Preamble — powers, etc., to continue for- ever. n . Grants and beqnests confirmed, vm. Overseers defined — Legislature may make changes in government of Uni- versity. §2. — The encouragement of lAterature. etc. Duty of the Legislature to encourage — specifi- cation of objects. CHAPTER VI. — Oaths and subscmptions, INCOMPATIBILITT OP AND EXCLUSION FBOM OFFICES ; PECUNIABT QU.ALIFICATI0N3 ; COM- MISSIONS ; WKCT8 ; CONFIRMATION OF LAWS ; HABEAS CORPUS ; THE ENACTINO STTJLE ; CON- TINUANCE OP OFFICERS ; PROVISIONS FOR A FUTURE REVI8AL OP THE CONSTITUTION, E'i;C. I. ^orm of oath prescribed — obsolete.} Oath of office — how taken. n. Certain State officers to hold no other office — offices that are incoinpatible — and inconsistent with that of Senator or Representative — persons convicted not eligible. m. Rate of money specified — Legislature may increase property qualifications. IV. Commissions, how signed and sealed. V. Style of writs — how sealed — how tested. VI. Certain laws continued. vn . Privilege of writ of habeas corpus, vm. style of laws. IX. [Certain officers continued — obsolete.} X. [Question of Convention to be submitted in 1195— obsolete.} Constitution of Massachusetts, 1780. 621 Articusb. XI. Constltntlon to be enrolled on parchment — where deposited. ARTICLES OF AMENDMENT. I. Case of bills presented within Ave days of adjournment, and not approved, n. Qeneral Court may erect municipal gov- ernments — and grant powers not in- consistent with Constitntion — pro- viso in case of towns with 12,000 Inhabitants. in. QnaMcations of voters, IV. Appointment of Notaries Public— [case of vacancy in office of Treasurer] — Commissary-Qeneral. y. Election of captains and subalterns of militia. VI. Oath of all officers. VIl. No other oath except preceding, and oath of office to be prescribed. Vm. Offices not to be held Dv Governor, etc., or a member of either House — no Judge to be elected a member of Con- gress. IX. Mode of adopting amendments. X. Political year — meeting; of General Court — when to be dissolved — spe- cial meetings — [meetings for choice of certain officers — obsoUte.'] — other provisions respecting elections. XI. Modification of Art. HI of Bill of Bights. Xn. [Census and apportionment of represen- tation — obeoUte.} Abtioleb. Xm. [Census and ap of repre- sentation — obsolete.] XIV. The highest vote to determine elections. XV. Elections, when held. XVI. Election of Councilors — Council Dis- tricts. XVn. Election of Secretary, Treasurer, Re- ceiver-General, Auditor and Attorney- General — case of equal vote — vacan- cies — qualifications. XVm. School moneys, how applied— not to be appropriated to any religious sect. XtX. Election of Sheriffs, Eegisters of Pro- bate, etc. In counties — Dlstrlct-Attor- neys. XX. Literary qualifications of electors. XXI. Census in 1857, 1885, and every ten years after- to determine the apportion- ment of representation — number of members of House— Representative Districts — quorum — power of mi- nority to compel attendance of absent members. XXn. Return of census — to determine the apportionment of Senators — number — Senatorial Districts — quorum — power of minority to compel attend- ance of absent members. XXm. [Restrictions upon voters of foreign birth — oftsofete.] XXIV. Vacancies in Senate, how filled. XXV. Vacancies In CounclLhow filled. XXVI. Repeal of Article XXTTT of Amend- ments-proviso. PEEAMBLB. The end of the institution, maintenance and administration 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 enjoying, in safety and tranquillity, their natural rights and the bless- ings 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 association of individuals ; 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 Constitution 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 Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator 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 compact with each other; and of forming a new ponstitution of civil government for ourselves and posterity ; and devoutly imploring His direction in so 622 Constitution of Massacbusetts, 1780. interesting a design, do agree upon, ordain and establish the follow- ing Declaration of Rights and Frame of Government, as the CoiirSTi- TUTIOK of the COMMOiTWEALTH OF MASSACHITSETTS. PAKT THE FIRST. A DECLAEATIOir OF THE EIGHTS OF THE IKHABITAlirTS OF THE COM- MOKWEALTH OF MASSACHUSETTS. Aeticle I. 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. Aet. II. It is the right as well as the duty of all men in society, publicly, 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 worshiping God in the manner and season most agreeable to the dictates of his own conscience ; or for his religious profession or senti- ments : Provided, he doth not disturb the public peace, or obstruct others in their religious worship. [Abt. III.' As the happiness of a people, and the good order and preservation of civil government, essentially depend npon piety, religion and morality ; and as these cannot be generally diffused through a community, but by the institu- tion 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 Xi^islature 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 religious societies, to make suit- able provision, at their own exi)ense, for the institntion of the public worship of God, and for the support and maintenance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily. And the people of this Ciommon wealth have also a right to, and do, invest their Iiegislature with authority to enjoin upon aU the subjects an 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. > Article m ie enpeiseded by amendment, Art. XI. The md article was reported by a committee, whereof the Eev. Mr. Alden was cliairman, and although claimed to have been adopted *^ with mnch more unanimity than osnally takes place in disqnisitions of this kind," was, however, Tehemently opposed at the time, and fnmished a constant theme of discnssiOD, until abandoned in 1833. Life and Writings qfjokn Adams, iv, 222. The article, as ori§:inally reported, was as follows: " Good morals heme necessary to the preservation of civil society : and the knowledge and belief of the being of God, His providential government of the world, and of a future state of rewards and punishment, being the only true foundation of morality, the Legislature hath, therefore, a right, and ought to provide, at the expense of the subject, if necessary, a suitable support for the worship of God, and of the teachers of religion and morals : and to enjoin upon all the subjects an attendance upon their instructions at stated times and seasons: Provided, There be any such teacher npon whose ministry they can conscientioaBly and conveniently attend." Constitution of Massacbusmtts, 1780. 623 Provided, notwitlistamding, That the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance. And all moneys paid by the subject to the support of public worship, and of the public teachers aforesaid, shall, if he require it, be uniformly applied to the support of the public teacher or teachers of his own religious sect or denomina- tion : 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 precinct in which the said moneys are raised. And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the Commonwealth, sliall be equally under the protection of the law ; and no subordination of any one sect or denomination to another shaU ever be established by law.] Akt. IV. The people of this Commonwealth have the sole and exclusive right of governing themselves as a free, sovereign and inde- pendent State ; and do, and forever hereafter sTiall, exercise and enjoy every power, jurisdiction and right, which is not, or may not here- after, be by them expressly delegated to the United States of America, in Congress assembled. Art. V. All power residing originally in the people, and being derived from them, the several magistrates and ofBcers of govern- ment, vested with authority, whether legislative, executive or judicial, are the substitutes and agents, and are ait all times accountable to them. Art. VI. No man, nor corporation or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what rises from the con- sideration of services rendered to the public ; and this title being in nature neither hereditary, nor transmissible to children or descend- ants, or relations by blood, the idea of a man bom a magistrate, law- giver or judge, is absurd and unnatural. Art. VII. 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 government ; and to reform, alter or totally change the same, when their protection, safety, prosperity and happiness require it. Art. VIII. 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 govern- ment, to cause their public oflQcers to return to private life ; and to fill up vacant places by certain and regular elections and appoint- ments. 624 Constitution on Massachusetts, 1780. Abt. IX. All elections ought to be free ; and all the inhabitants of this Commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect oflBcers, and to be elected, for public employments. Art X. 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 otiliged, consequently, to contribute his share to the expense of this protection ; to give his personal service, or an equivalent, when necessary; b.ut no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this Commonwealth are not con- trollable 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 compen- sation therefor. Akt. XI. Every subject of the Commonwealth ought to find a cer- tain 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 pur- chase it; completely, and without any denial ; promptly, and without delay, conformably to the laws. Akt. XII. No subject shall be held to answer for any crimes or offense until the same is fully and plainly, substantially and formally, described to him; or be compelled 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, 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. And the Legislature shall not make any law that shall subject any person to a capital or infamous punishment, excepting for the govern- ment of the army and navy, without trial by jury. Art. XIII. In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty and property of the citizen. Art. XIV, Every subject has a right to be secure from all unreas- onable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right. CoNSTITVTldN OF MASSACHUSETTS, 1780. 625 if the cause or foundation of them be not previously supported by oath or aflBrmation, and if the order in the 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 objects of search, arrest or seizure ; and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws. Aet. XV. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has hereto- fore been other ways 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 mari- ners' wages, the Legislature shall hereafter find it necessary to alter it. Aet. XVI. 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. Aet. XVII. 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 exact subordination to the civil authority, and be governed by it. Aet. XVIII. A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to those of piety, jus- tice, moderation, temperance, industry and frugality, are absolutely necessary to preserve the advantages of liberty, 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 lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good adminis- tration of the Commonwealth. Aet. XIX. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good ; give instruc- tions to their Eepresentatives, 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. Aet. XX. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the Legislature, or by authority derived from it, to be exercised in such particular cases only as the Legislature shall expressly provide for. Aet. XXI. The freedom of deliberation, speech and debate, in either House of the Legislature, is so essential to the rights of the people, 79 626 Constitution of Massachusetts, 1780. that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. Art. XXII. The Legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require. Art. XXIII. STo subsidy, charge, tax, impost or duties, ought to be established, fixed, laid or levied, under ^y pretext whatsoever, without the consent of the people, or their Representatives in the Legislature. Abt. XXIV. 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, oppressive and inconsistent with the fun- damental principles of a free government. Art. XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the Legislature. Art. XXVI. No Magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual pun- ishments. Art. XXVII. In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the Legislature. Art. XXVIII. No person can in any case be subjected to law-mar- tial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the Legislature. Art. XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, 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, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the Judges of the Supreme Judicial 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. Art. XXX. In the government of this Commonwealth, the legis- lative department shall never exercise the executive or judicial powers, or either of them ; the executive shall never exercise the legislative and judicial powers, or either of them ; thfe judicial shall never exer- cise the legislative and executive powers, or either of them ; to the end it may be a government of laws, and not of men. Constitution of Massachusetts, 1780. 627 PART THE SECOND. THE FKAMB OF GOVEES'MBNT. The people inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mut^^ally agrete with each other to form themselTes into a free, soyereign and independent body politic or State by the name of The Commonwealth op Massa- chusetts. CHAPTER I. — THE LEGISLATIVE POWER. SEOTIOK 1. — THE GBNEKAL OO0KT. Article I. The departnient of legislation shall be formed by two branches, a Senate and House of Representatives; each of which shall have a negative on the other. The legislative body ['shall assemble every year on the last "Wednes- day in May, and at such other times as they shall judge necesslry; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May; and] shall be styled The Genekai; Court of Massachusetts. Aet. II.' No bill or resolve of the Senate or House of Representa- tives 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, together 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 their records, and proceed to reconsider the eaili bill or resolve ; but if, after such reconsideration, two-thifds 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 also be reconsidered, and if approved by two-thirds of the mem- bers 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. 1 See AmeudmentB, Article X. , 2 Mr. AdamBj the principal author of this Constitntlon, regarded an absolute veto powe^ as essential, and in the draft reported by the committee this power was given as follows : "And the first Magistrate shall have a negative upon all the laws, that he may have power to preserve the Independence of the Executive and Judicial Departments." This was rejected by a vote of 33 to 44. 628 Constitution of Massachusetts, 1780. And in order to prevent unnecessary delays if any bill or resolve shall not be returned by the Governor within ^ve days after it shall have been presented, the same shall have the force of law.' Art. III. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record or other courts, to be held in the name of the Commonwealth, for the nearing, trying and determining of all manner of crimes, offenses, pleas, processes, plaints, actions, matters, causes and things whatso- ever, 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, personal 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. Aet. IV. And further, 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 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 pro- vided for ; and to set forth the several duties, powers and limits, of the several civil and military officers of this Commonwealth, and the forms of such oaths or affirmations as shall be respectively adminis- tered 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, mer- chandise and commodities whatsoever, brought into, produced, manu- factured, or being within the same ; to be issued and disposed of by warrant, under the hand of the Governor of this Commonwealth, for 1 See Amendments, Article 1. Constitution of Massachusetts, 1780. 629 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. 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 practiced, in order that such assessments may be made with equality, there shall be a valuation of estates within th-e Common- wealth, taken anew once in every ten years at least, and as much oftener as the General Court shall order. CHAPTER I. SECTION 3 — SEKATE. [Article I.^ There shall be annually elected, by the freeholders and other inhabitants of this Commonwealth, qualified as in this Constitution is provided, forty persons to be Councillors and Senators, for the year ensuing their election ; to be chosen by the inhabitants of the districts, into which the Commonwealth may, from time to time, be divided by the General Court for that purpose ; and the General Court, in assigning the numbers to be elected by the respective dis- tricts, shall govern themselves by the proportion of the public taxes paid by the said districts ; and timely make known, to the inhabitants of the Common- wealth, the limits of each district, and the number of Councillors and Senators to be chosen therein : Pimvided, That the number of such districts shall never be less than thirteen ; and that no district be so large as to entitle the same to p choose more than six Senators. And the several counties in this Commonwealth shall, untU the General Court shall determine it necessary to alter the said districts, be districts for the choice of Councillors and Senators (except that the cotinties of Dukes county and Nantucket shall form one district for that purpose), and shall elect the following number for Councillors and Senators, viz. : Suffolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes county and Nan- tucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.] Abt. II. The Senate shall be the first branch of the Legislature ; \^ and the Senators shall be chosen in the following manner, viz. : There shall be a meeting on the first Monday in April, annually, for- ever, of the inhabitants of each town in the several counties of this Commonwealth, to be called by the selectmen, and warned in due course of law, at least seven d.ays before the first Monday in April,' for the purpose of electing persons to be Senators and Councillors J and at such meetings, every male inhabitant of twenty-one years of age and upward, having a freehold estate within the Commonwealth, of 1 See AmendmentB, Articles Xni, XVI and XXII. 2 See AmendmentB, Articles n, X, XIV and XV. 3 See Amendments, Articles m, XX, XXIII and XXVI. 630 Constitution of Massachusetts, 1780. the annual income of three pounds, or any estate of the value of sixty pounds, sh^all have a right to give in his vote for the Senators for the District of which he is an inhabitant.] And to remove all doubts concerning the meaning of the word " inhabitant," in this Constitu- tion, 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, district or plantation where he dwelleth or hath his home. The Selectmen of the several towns shall preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for Senators, and shall sort and count them in open town meeting, and in presence of the Town Clerk, who shall make a fair record, in presence of the Selectmen, and in open town meeting, of the name of every person voted for, and of the num- ber of votes against his name ; and a fair copy of this record shall be attested by the Selectmen and the Town Clerk, and shall be sealed up, directed to the Secretary of the Commonwealth, for the time being, with a superscription expressing the purport of the contents thereof, aJQd delivered by the Town Clerk of such towns, to the Sheriff of th6 county in which 'such town lies, thirty days at least before ['the last Wednesday in May, annually ; or it shall be delivered into the Secre- tary's office seventeen days at least before the said last Wednesday in May ; and the Sheriff of each county shall deliver all such certificates, by him received, into the Secretary's office, seventeen days before the said last Wednesday in May]. 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 res- pective 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 Constitution. And all other persons living in places unincorporated (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 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. > See Amendments, Article X. Constitution of Massachusetts, 1780. 631 Art. III. And that th'ere may be a due convention of Senators [' on the last Wednesday in May], annually, the Governor, "with five of the Council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons aa shall appear to be chosen by a majority of voters to attend on that day, and take their seats accordingly ; [Provided, nevertheless, That for the first year the said returned copies Shall be examined by the President and five of the Council of the former Constitution of government ; and the said President shall, in like manner, issue his summons to the persons so elected, that they may take their seats as' aforesaid.] Abt. IV. The Senate shall be the final judge of the elections, returns and qualifications of their own members, as pointed out in the Con- stitution; and shall, on the said ['last Wednesday in May], annually, determine and declare who are elected by each district to be Senators ['by a majority of votes ; and in case there shall not be the full num- ber of Senators returned, elected by a majority of votes, for any dis- trict, the deficiency shall be supplied in the following manner, viz. : The members of the House of Kepresentatives, 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 Sejiators wanting, if there be so many voted for, and out of these shall elect by ballot a number of Senators sufficient to fill npihe 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 sup- plied as soon as may be after such vacancies shall happen.] Akt. y. Provided, nevertheless. That no person shall be capable of being elected as a Senator ['who is not seized in his own right of a freehold within this Commonwealth of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this Commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. Aet. VI. The Senate shall have power to adjourn themselves; pro- vided such adjournments do not exceed two days at a time. 1 See Amendments, Article X. ' See Amendments, Articles X, XTV and XXIV. T See Amendments, Articles YTTT and XXIL 632 Constitution of Massachusetts, 1780. Akt. VIL The Senate shall choose its own President, appoint its own officers, and determine its own rules of proceedings. Art, VIII. The Senate shall be a court, with full authority to hear and determine all impeachments made by the House of Eepresenta- tives, against any officer or officers of the Commonwealth, for miscon- duct and maladministration in their offices ; but, previous to the trial of every impeachment, the members of the Senate shall, respectively, be sworn truly and impartially, to try and dettermine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honor, trust or profit under this Common- ' wealth ; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land. Abt. IX. Not less than sixteen members of the Senate shall consti- tute a quorum for doing business. CHAPTEE I. SECTION" 3. — HOUSE OF KEPBESENTATIVES. Article I. There shall be, in the Legislature of this Common- wealth, a representation of the people, annually elected, and founded upon the principle of equality. [Art. II. ' And in order to provide for a representation of the citizens of this Commonwealth, founded upon the principle of equality, every corporate town, containing one hundred and iifty ratable polls, may elect one Bepresentative ; every corporate town, containing three hundred and seventy-five ratable polls, may elect two Representatives ; every corporate town, containing six hundred ratable polls, may elect three Representatives ; and, proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing nuihber for every additional Representative. Frovided, nevertheless. That each town now incorporated, not having one hun- dred and fifty ratable polls, may elect one Representative ; but no place shall hereafter be incorporated with the privilege of electing a Representative, unless there are within the same one hundred and fifty ratable polls.] And the House of Eepresentatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this Constitution. The expenses of traveling to the General Assembly, and returning home, once in every session, and no more, shall be paid by the Gov- ernment, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the House, and does not depart without leave. 1 See Amendments, ArticleB XII, Xm and XXI. Constitution of Massachusetts, 1780. 633 Art. III. Every member of the House of Kepresentatives shall be chosen by written votes; ['and, for one year at least next preceding his election, shall have been an inhabitant of, and have been seized in his own right of a freehold to the value of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds ; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.] [Abt. rv.' Every male person being twenty-one years of age, and resident in any particular town in this Commonwealth, for the space of one year next pre- ceding, having a freehold estate within the same town, of the annual income of three jraunds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a Representative or Representatives for the said town.] [Art. V.' 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.] Art. VI. The House of Representatives shall be the grand inquest of this Commonwealth ; and all impeachments made by them shall be heard and tried by the Senate. Art. VII. All money bills shall originate in the House of Repre- sentatives ; but the Senate may propose or concur with amendments, as on other bills. Art. VIII. The House of Representatives shall have power to adjourn themselves ; provided such adjournment shall not exceed two days at a time. [Art. IX.* Not less than sixty members of the House of Representatives shall constitute a quorum for doing business.] Art. X. The House of Representatives shall be the judge of the returns, elections and qualifications of its own members, as pointed out in the Constitution; shall choose their own Speaker, appoint their own ofiicers, 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 any thing 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. 1 See Amendments, Articles XIII, XIV and XXI. : See Amendments, Articles IK, XX and XXm. ' See Amendments, Articles X and XV. * See Amendments, Article XXI. 80 634 GONSTITVTION OF Massacbusetts, 1780. And no member of the House of Representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending, the General Assembly. Aex. XI. The Senate shall have the same powers in the like cases ; and the Governor and Council shall have tjie same authority to punish in like cases : Provided, That no imprisonment, on the war- rant or order of the Governor, Council, Senate, or House of Eepre- sentatives, for either of the above d*cribed oflfenses, be for a tenn exceeding thirty days. And the Senate and House of Representatives may try and deter- mine all cases where their rights and privileges are concerned, and which, by the Constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may, respectively, think best. CHAPTER II. — EXECUTIVE POWER. SECTION 1. — GOVEBNOE. Article I. There shall be a Supreme Executive Magistrate, who shall be styled — The Govekxok of the Commokwealth of Mas- sachusetts;' and whose title shall be — His Excellekct. Art. II. The Governor shall be chosen annually ; and no person shall be eligible to this oflBce, unless, at the time of his election, he shall have been an inhabitant of this Commonwealth for seven years , next preceding ; and unless he shall, at the same time, be seized, in his own right, of a freehold, within the Commonwealth, of the value of one thousand pounds ; ['and unless he shall declare himself to be of the Christian religion.] [Aet. 1II.= Those persons who shall be qualified to vote for Senators and Bepresentatives, within the several towns of this Commonwealth, shall, at a meeting to be called for that pnrpose, on the first Monday of April, annually, give in their votes for a Governor, to the Selectmen, who shall preside at such meetings ; and the Town Clerk, in the presence and Trith the assistance of the Selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name ; and shall make a Mr record of the same in the town books, and a public declaration thereof in the said meeting ; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the Selectmen, and transmit the same to the Sheriff of the county, thirty days at least before the last Wednesday in May ; and the Sheriff shall transmit the same to the Secretary's office, seventeen days at least before the said last Wednesday in May ; or the Selectmen may cause returns of the same to be made, to the office of the Secretary of the Commonwealth, seventeen days at least before the s%id day ; and the. Secretary shall lay the same before the Senate and the House of 1 See Amendmeote, Article Vn. ' See AmendmentBi Articles 11^ X, XIV and XV. Constitution or Massacbusetts, 1780. 635 Representatives, on the last Wednesday in May, to be by them examined ; and in case of an election by a majority of all the votes returned, the choice shall be by them declared and pviblished ; but if no person shall have a majority of votes, the House of Representatives shall, by ballot, elect two out of four per- sons, who had the highest number of votes, if so many shall have been voted for ; but, if otherwise, out-of the number voted for ; and make return to the Senate of the two persons so elected ; on which, the Senate shall proceed, by ballot, to elect one, who shall be declared Governor.] Aet. IV. The Governor shall have authority, from time to time, at his discretion, to assemble and call together the Councilors of this Commonwealth for the time being ; and the Governor, with the said Councilors, 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 the Commonwealth, agreeably to the Constitution and the laws of the land. Aet. V. 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 dissolve the same on the day next preceding the last Wednes- day 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 it together sooner than the time to which it may be adj'ourned or prorogued, if the welfare of the Commonwealth shall require the same ; and in case 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 attendance, he may direct the session to be held at some other the most convenient place T\^ithin the State. [ 'And the Governor shall dissolve the said General Court on the day next preceding the last Wednesday in May.] Aet. VI. In cases of disagreement between the two Houses, with regard to the necessity, expediency or time of adjournment or proro- gation, 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. Aet. VII. 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 himself or by any commander, or other oflScer or oflBcers, from time to time, to train, instruct, exercise and govern the militia and navy; and, for the special defense and safety of the Common- wealth, to assemble in martial array, and put in warlike posture the inhabitants thereof, and to lead and conduct them, and with them, to 1 See Amendments, Article X. 636 Constitution of Massachusetts, 1780. encounter, repel, resist, expel and pursue, by force of arms, as well by sea as by land, within. or without the limits of this Oomm«nwealth, and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enterprises and means whatsoeyer, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment or annoy- ance of this Commonwealth ; and to use and exercise, over the army and navy, and over the militia in actual 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 person 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 oflBces of Captain-General and Commander-in-Chief, and Admiral, to be exer- cised agreeably to the rules and regulations of the Constitution, and the laws of the land, and not otherwise. Provided, That the said Governor shall not, at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants 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 part of the State to which they cannot otherwise conveniently have access. Art. VIIL The power of pardoning offenses, except such as persons may be convicted of before the Senate, by an 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 pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offense or offenses intended to be pardoned. Abt. IX. All judicial officers ['the Attorney-General, the Solicitor- General, all Sheriffs], Coroners [and Eegisters 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. Abt. X. The captains and subalterns of the militia shall be elected by the written votes of the train-band and alarm-list of their respeot- > See Amendments, Articles XIV, XVII and XIX. Constitution of Massachusetts, 1780. 637 ive companies, ['of twenty-one years of age and upwards] the field officers of regiments shall be elected by the written Totes of the cap- tains and subalterns of their respective regiments; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades; and such officers, so elected, shall be commissioned by the Governor, who shall determine their rank. The Legislature shall, by standing laws, direct the time and man- ner of convening the electors, and of collecting votes, and of certify- ing to the Governor the officers elected. The major-generals shall be appointed by the Senate and House of Eepresentatives, each having a negative upon the other; and be com- missioned by the Governor. And if the electors of brigadiers, field officers, captains or sub- alterns shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the Gov- ernor, with the advice of Council, shall appoint suitable persons to fill such offices. [ 'And uo 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 Mr trial in court-martial, pursuant to the laws of the Commonwealth for the time being.] 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 Ad j utant- G eneral. [' The Governor, with the advice of Council, shall appoint all officers of the Continental army, whom, by the oonfederatiolv of the United States, it is pro- vided that this Commonwealth shall appoint, — as also all officers of forts and garrisons.] The divisions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be con- sidered as the proper divisions of the militia of this Commonwealth, until the same shall be altered in pursuance of some future law. Aet. XI. No moneys shall be issued out of the treasuiy of this Commonwealth and disposed of (except such sums as may be appro- priated for the redemption of bills of credit or Treasurer's notes, or for the payment of interest arising thereon), but by warrant- under the hand of the Governor, for the time being, with the advice and consent of the Council, for the necessary defense and support of the Commonwealth, and for the protection and preservation of the ' See Amendments, Article V. 2 See Amendments, Article IV. * Obsolete since the formation of a national government. 638 Constitution of Massachusetts, 1780. inhabitants thereof, agreeably to the acts and resolves of the General Court. Art. XII. All public Boards, the Commissary-General, all superin- tending oflScers of public magazines and stores, belonging 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,^hen required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutre- ments, and of all other public property whatever under their care, respectively ; distinguishing the quantity, number, quality and kind of each, as particularly as may be ; together with the condition of such forts and garrisons; and the said commanding officer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent- And the said Boards, and all 'public officers, shall communicate to the Governor, as soon as may be after receiving the same, all letters, dispatches, and intelligences of a public nature, which shall be directed to- them respectively. Akt. XIII. As the public good requires that the Governor should not be under the undue influence of any of the members of the General Conirt, 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 cenc^rns — and that he should maintain the dignity of the Commonwealth in the character pf its Chief Magis- trate — it is necessary that he should have an honorable stated salary, 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, after the commencement of this Constitution, to establish such salary by law accordingly. Permanent and honorable salaries shall also be established by law for the Justices of the Supreme Judicial Court. And if it shall be found that any of the salaries aforesaid, so estab- lished, are insufficient, they shall, from time to time, be enlarged, as the General Court shall judge proper. CHAPTEE II. SECTION- % — LIEUTENAlfT-GOVEESrOB. Article I.* There shall be annually elected a Lieutenant-Governor of the Commonwealth of Massachusetts, whose title shall be — His 1 See Amendments, Articles m, VI, X and XV. CONSTITVTION 01 MASSACHUSETTS, 1780. 639 HoNOE ; and who shall be qualified, in point of religion, property, and residence in the Commonwealth, in the same manner with the Gov- ernor; and the day and manner of his election, and the qualifications of the electors, shall he the same as are required in the election of a Governor. The return of the votes for this oflScer, and the declara- tion of his election, shall be in the same manner ; ['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 Kepresentatives, in the same manner as the Governor is to be elected, in case no one per- son shall have a majority of the votes of the people to be Governor.] Aet. II. 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-Governor shall always be a member of the Coun- cil, except when the chair of the'Governor shall be vacant. Aet. III. Whenever the chair of the Governor shall be vacant, by reason of his death, or absence from the Commonwealth, or otherwise, the Lieutenant-Governor, 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 Governor is vested with, when personally present. CHAPTEE IL SECTIOir 3. — COUifCIL, AXD THE MAKNBE 01' SETTLIITG ELECTIOKS BY THE LEGISLATUEE. Aeticle I. There shall be a Council, for advising the Governor in the executive part of the government, to consist of [''nine] persons besides the Lieutenant-Governor, whom the Governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together ; and the Governor, with the said Councilors, 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 the Commonwealth, according to the laws of the land. [Aet. II.' Nine Councilors shall be annually chosen from among the persons returned for Councilors and Senators, on the last Wednesday in May, by the joint ballot of the Senators and Kepresentatives assembled in one room ; and in case there shall not be found, upon the first choice, the whole number of nine persons who will accept a seat in the Council, the deficiency shall be made up by the electors aforesaid from among the people at large ; and the number of Senators left, shall constitute the Senate for the year. The seats of the persons thus elected from the Senate, and accepting the trust, shall be vacated in the Senate.] , 1 See Amendments, Article XV. • See Amendments, Article XVI. See Amendments, Articles X, XIII and XVI, 640 Constitution of Massachusetts, 1780. Aet. III. The Councillors, in the ciyil arrangements of the Com- monwealth, shall have rank next after the Lieutenant-Governor. [Abt. IV.' Not more than two Councilors shall be chosen out of any one dis- trict in this Commonwealth.] Aet. V. 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, contrary to the resolution of the majority. Aet. VL Whenever the office of the Governor and Lieutenant- Governor shall be vacant, by reason of death, absence, or otherwise, then the Council, or .the major 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 Lieuten- ant-Governor might or could, by virtue of this Constitution, do or execute, if they, or either of them, were personally present. [Aet. VII.' And, whereas, the elections appointed to be made by this Consti- tution on the last Wednesday in May annually, by the two Houses of the Legis- lature, may not be completed on that day, the said elections may be adjourned from day to day, until the same shall be completed. And the order of elections shall be as follows : the vacancies in the Senate, if any, shall first be filled up ; the Governor and liieutenant-Governor shall then be elected, provided there should be no choice of them by the people ; and afterward the two Houses shall proceed to the election of the Council.] CHAPTEE II. SECTIOK 4. — SECEETAET, TKEASUEEE, COMMISSAET, ETC. Aeticle I. ['The Secretary, Treasurer, and Eeceiver-General, and the Commissary-General, Notaries Public and naval officers, shall be chosen annually, by joint ballot of the Senators and Eepresentatives, in one room.] And, that the citizens of this Commonwealth may be assured, from time to time, that the moneys remaining in the public treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as Treasurer and Eeceiver- General more than five years successively. Aet. II. The records of the Commonwealth shall be kept in the office of the Secretary, who may appoint his deputies, for whose con- duct he shall be accountable ; and he shall attend the Governor and Council, the Senate and House of Eepresentatives in person, or by his deputies, as they shall respectively require. 1 See Amendments, Article XYI. s See AmendmentB, Articles XVXaniXXV. ' See Amendments, Articles IV and XVII. OONSTITUTION OF MASSACBUSETTS, 1780. 641 CHAPTER III. JUDICIAKT POWER. Article I. The tenure that all commission ofiScers shall by law hare in their offices shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior, excepting such concerning whom there is diflFerent provision made in this Constitution : Provided, nevertheless, The Governor, with consent of the Council, may remove them upon the address of both Houses of the Legislature. Art. II. Each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the Jus- tices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions. Art. III. 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 Justices 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. Art. IV. 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 the people shall require ; and the Legislature shall, from time to time, hereafter, appoint such times and places ; until wMch appointments the said courts shall be holden at the times and places which the respective Judges shall direct. [Art. V. ' 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 provision.] CHAPTEE IV. DELEGATES TO CONGRESS. p The Delegates of this Common-wealth to the Congress of the United States shall, some time in the month of June, annually, be elected by the joint ballot of the Senate and House of Representatives assembled together in one room ; to serve in Congress for one year, to commence on the first Monday in Novem- ber then next ensuing. They shall have commissions under the hand of the Governor, and the great seal of the Commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned in the same manner, in their stead.] ' An act for regulating marriage and divorce was passed March 16, 1788. ' Superseded, on adoption of Federal Constitution, by a different mettind. 81 642 Constitution or Massachusetts, 1780. CHAPTER v.— THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OP LITERATURE, etc. SECTION- 1. — THE UKIVEESlTT. Article I. Whereas, our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which uniTersity nlany persons of great eminence have, by the blessing of God; been initiated in those arts and sciences which qualified them for public employments, both in church and State ; and whereas, the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the President and Fellows of Harvard College, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy ; and the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. Abt. II. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, cha.t- tels, legacies and conveyances, heretofore made, either to Harvard ' College in Cambridge, in New England, or to the President and Fel- lows of Harvard College, or to the said college by some other descrip- tion, under several charters successively; it is declared, that all the said gifts, grants, devises, legacies and conveyances, are hereby forever confirmed unto the President and Fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. Akt. III. And whereas, by an act of th§ General Court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the Governor and Deputy-Governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, constituted the overseers of Harvard College ; and it being necessary, in this new Constitution of government, to ascertain who shall be deemed succes- sors to the said Governor, Deputy-Governor and Magistrates; it is declared that the Governor, Lieutenant-Governor, Council and Senate of this Commonwealth, are, and shall be deemed, their successors. Constitution of Massachusetts, 1780. 643 ■who, with the President of Harvard College, for the time being, together with the ministers of the Congregational churches, in the towns of Cambridge, Watertown, Charlestown, Boston, Eoxbury and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertain- ing, to the overseers of Harvard College ; Provided, That nothing herein shall be construed to prevent the Legislature of this Common- wealth from making such alterations in the government of the said University as shall be conducive to its advantage, and the interest of . the republic of letters, in as full a manner as might have been done by the Legislature of the late Province of the Massachusetts Bay. CHAPTER V. SECTIOlir 2. — THE ES'COUEAGEMEN'T OF LITEKATUKE, ETC.' Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties ; and as these depend on spreading the opportuni- ties and advantages of education in the various parts of the connti7, and among the different orders of the people, it shall be the duty of Legislatures and Magistrates, in all future periods of this Common- Tyealth, to cherish 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 pro- motion of agriculture, arts, 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 punctuality in their dealings ; sincerity- and good humor, and all social affections and gen- erous sentiments, among the people. CHAPTER VL OATHS AND SUBSCKIPTIOlirS ; INCOMPATIBILIXT OE AND EXCLUSION FKOM OFFICES ; PECUNIAKT QUALIFICATIONS; COMMISSIONS; WEITs; CONFIKMATION OF LAWS ; HABEAS CORPUS ; THE ENACTING STYLE ; CONTINUANCE OF OFFICERS ; PBOVISION FOB A FUTUKE KEVISAL OF THE CONSTITUTION, ETC. Article I. [' Any person cUosen Governor, Lieutenant-Governor, Councilor, Senator or Representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following dec- laration, viz. : 1 See Amendments, Article XYIII. * See Amendments, Articles VI and VH. 644 Constitution of Massachusetts, 1780. "• I, A. B., do declare that I believe the Christian religion, and have a iirm persuasion of its truth ; and that I am seized and possessed, in my own right, of the property required by the Constitution, as one qualification for the oflSce or place to which I am elected." And the Governor, Lieutenant-Grovernor and Councilors shall make and sub- scribe the said declaration, in the presence of the two Houses of Assembly ; and the Senators and Representatives, first elected under this Constitution, before the President ahd five of the Council of the former Constitution ; and forever afterward, before the Governor and Council for the time being.] And every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, execu- tive, military or other office under the goveAment, 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. : [' I, A. B., do truly and sincerely acknowledge, profess, testify and declare that the Commonwealth of Massachusetts is, and of right ought to be, a freei sovereign and independent State, and I do swear that I will bear true faith and allegiance to the said Commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever; and that I do renounce and abjure all allegiance, subjection and obedience to the king, queen or government of Great Britain (as the case may be), and every other foreign power whatsoever ; and that no foreign prince, person, prelate, state or poten- tate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, author- ity, dispensing or other power, in any matter, civil, ecclesiastical or spiritual, within this Commonwealth ; except the authority and power which is or may be vested by their constituents in the Congress of the United States ; and I do further testtfy and declare that no man, or body of men, hath, or can have, any right to absolve or discharge me from the obligation of this oath, declaration or affirmation ; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion or secret reservation whatsoever. So help me, God."] " I, A. B., do solemnly swear and affirm 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, agreeably to the rules and regulations of the Constitution and the laws of the Commonwealth. So help me, God." P Provided, always, that when any person, chosen and appointed as aforesaid, shall be of the denomination of people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, "I do swear," "and abjure," "oath or," "and abjuration," in the first oath ; and in the second oath, the words "swear and," and in each of them the words, " So help me, Grod ;" subjoining instead thereof, " This I do under the pains and penalties of pequry,"] And' the said oaths or affirmations shall be taken and subscribed by the Governor, Lieutenant-Governor and Councilors, before the Presi- 1 See Amendments, ArticleB VI, VII and XIII. - See Amendments, Article VI. Constitution op Massa cbusetts, 1780. 645 dent of the Senate, in the presence of the two Houses of Assembly ; and by the Senators and Eepresentatiyes first elected under this Con- stitution, before the President and five of the Council of the former- Constitution ; and forever afterward before the Governor and Council for the time being; and by the residue of the oflBcers aforesaid, before such persons, and-in such manner as from time to time shall be pre- scribed by the Legislature. Aet. 3.' No Governor, Lieutenant-Governor, or Judge of the Supreme Judicial Court, shall hold any other office or place, under the authority of this Commonwealth, except such as by the Constitution they are admitted to hold, saving that the Judges of the said court may 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. 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, Eegister of Probate, or Eegister of Deeds ; and never more than any two offices, which are to be held by appoint- ment of the Governor, or the Governor and Council, or the Senate, or the House of Eepresentatives, or by the election of the people of tho State at large, or of the people of any county, military offices and the officers of Justices of the Peace excepted, shall be held by one person. No person holding the office of Judge of the Supreme Judicial Court, Secretary, Attorney-General, ['Solicitor-General], Treasurer or Ee.ceiver-General, Judge of Probate, Commissary-General, President, Professor or Instructor of Harvard College, Sheriff, Clerk of the House of Eapresentatives, Eegister of Probate, Eegister of Deeds, Clerk of the Supreme Judicial Court, [Clerk- of the Inferior Court of Common Pleas], or officer of the customs, including in this desctip- tion naval officers, shall at the same time have a seat in the Senate or House of Eepresentatives; 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 Eepresentatives; and the place so vacated shall be filled up. And the same rule shall take place in case any Judge of the said Supreme Judicial Court, or Judge of Probate, shall accept a seat in Council; or any Councilor shall accept of either of those offices or' places. , \ And no person shall ever be admitted to hold a seat in the Legisla- ture, or any office of trust or importance under the government of this Oommoiiwealth, who shall, in the due course of law, have been ' See Amendments, Afticle VIII. 646 Constitution ojp Massachusetts, 1780. convicted of bribery or corruption, in obtaining an election or appointment. Akt. III.' In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the Legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to oflQces, as the circumstances of the Commonwealth shall require. * Art. IV. All commissions shall be in the name of the Common- wealth of Massachusetts, signed by the Governor, and attested by the Secretary or his deputy, and have the great seal of the Commonwealth aflSxed thereto. Aet. V. AH writs, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Commonwealth of Massa- chusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the Frst Justice of the court to which they shall be returnable, whb is not a party, and be signed by the clerk of such court. Aet. VI. All the laws, which have heretofore been adopted, used and approved, in the Province, Colony or State of Massachusetts Bay, 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 exbepted as are repugnant to the rights and liberties con- tained in this Constitution. Aet. VII. 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 Legislature, except upon, the most urgent and pressing occasions, and for a hmited time, not exceeding twelve months. Aet. VIII. The enacting style, in making and passing all acts, statutes and laws, shall be — " Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by authority of the same." [Art. IX. To the end there may be no failure of justice, or danger arise to the Commonwealth, from a change of the form of government, all oflacers, civil and military, holding commissions under the government and people of Massa- chusetts Biay, in New England, and all other officers of the said government and people, at the time this Constitution shall take effect, shall have, hol^, 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 I See AmendmentE, Article Xm. Constitution of Massachusetts, 1780. 647 full force, In the enjoyment and exercise of all their trusts, employments and authority, until the General Court, and the Supreme and Executive officers under this Constitutiou, are designated and invested with their respective trusts, powers and authority. [Art. X.' In order the more effectually to adhere to the principles of the Con- stitution, and to correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the General Court, which shall be in the year of our Lord one thou- sand seven hundred and ninety-five, shall issue precepts to the Selectmen of the several towns, and to the Assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the Constitution, in order to amendments. And if it shall appear, by the returns made, that two-thirds of the qualified voters tliroughout the State, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the General Court shall issue precepts, or direct them to be issued from the Secretary's office, to the several towns, to elect Delegates to meet in Convention for Ihe purpose ^foresaid.' The said Delegates to be chosen in the same manner and proportion as their Bepresentatives in the second branch of the Legislature are by this Constitution to be chosen.] Akt. XL This form of government shall be enrolled on parchment,* and deposited in the Secretary's ofiBce, 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. JAMES BOWDOIN, President. Attest: Samuel Baeeett, Secretary. AKTICLES OF AMENDMENT. Aeticle I.' If any bill or resolve shall be objected to, and not approved by the Governor ; and if the General Court shall adjourn within five days after the same shall have been laid before the Got- emor for his approbation, 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. Aet. II.* The 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 powers, privileges and immunities, not repugnant to the Constitution, as the General Court shall deem necessary or expedient 1 See Amendments, Article IX. ' The election resulted adversely to a change. See Historical Introduction. » Ratified April 9, 1821, by a vote of 17,949 to 10,707. < Batifled April 9, 1821, by a vote ol 14,368 to 14,306. 648 Constitution of Massachusetts, 1780. for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards or otherwise, for the election of oflQcers under the Constitution, and the manner of returning the Totes given at such meetings: Provided, That no such government shall be erected or constituted in any town not containing twelve thousand inhabitants ; nor unless it be with the consent, and on the application, of a majority of the inhabitants of such town, present and voting thereon,^ursnant to a vote at a meet- ing duly warned and holden for that purpose : And provided, also, That all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the General Court. Abt. III.' Every male citizen of twenty-one years of age and upward (excepting paupers and persons under guardianship), who shall have resided within the Commonwealth one year, and within the town or district, ii» which he may claim a right to vote, six calendar months next preceding any election of Governor, Lieutenant-Governor, Sena- tors or Eepresentatives, and who shall have paid, by himself, or his his parent, master, or guardian, any State or county tax, which shall, •within two years next preceding such election, have been assessed 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-Governor, Senators and Eepresentatives ; and no other person shall be entitled to vote in such elections. Akt. IV.' N"otaries Public shall be appointed by the Governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner removed by the Governor, with the consent of the Council, upon the address of both Houses of the Legislature. . [*In case the office of Secretary or Treasurer of the Commonwealth shall become vacant from any cause, during the recess of the General Court, the Gov- ernor, with the advice and consent of the Council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the General Court.] Whenever the exigencies of the Commonwealth shall require the appointment of a Commissary-General, he shall be nominated, ap- pointed and commissioned, in such manner as the Legislature may by law prescribe. ' Eatlfted April 9, 1821, by a vote of ISiTOS to 10,150. A decieioh is given in 11 Pickering, "iSS. a Katiflea April 9, 1821, by a vote of 14,174 to 13,577. 3 See Amendments, Article XVn. Constitution of Massachusmtts, 1180. 649 All oflBcers commissioned to command' in the militia, may be removed from office in such manner as the Legislature may by law prescribe. Abt. V.' In the elections of captains and subalterns of the militia, all the members of their respective companies, as well those under as those above the age of twenty-one years, shall have a right to vote. Art. VI.' Instead of the oath of allegiance prescribed by the Con- stitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this Commonwealth, before he shall enter on the duties of his office, to wit: " I, A. B., do solemnly swear, that I will bear true faith and allegi- ance to the Commonwealth of Massachusetts^ and will support the Constitution thereof. So help me God." 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 foregoing 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." Abt. VII.' No oath, declaration or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the Governor, Lieutenant-Governor, Councilors, Senators or Representatives, to qualify them to pexform the duties of their respective offices. Art. VIII.* No Judge of any court of this Commonwealth (except the Court of Sessions), and no person holding any office under the authority of the United States (postmasters excepted), shall, at the same time, hold the office of Governor, Lieutenant-Governor or Coun- cilor, or have a seat in the Senate or House of Representatives of this Commonwealth ; and no Judge of any court in this Commonwealth (except the Court of Sessions), nor the Attorney-General [Solicitor- General, County Attorney], Clerk of any court, Sheriff, Treasurer and Receiver- General, Register of Probate, nor Register of Deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office ; [and Judges of the Courts of Common Pleas shall hold no other office under the 1 Ratified April 9, 1831, by a vote of 22,726 to 6,444. 2 Ratified April 9, 1821, by a vote of 17,652 to 9,244. 3 Ratified April 9, 1821, by a vote Of 13,782 to 18,480. ♦ Ratified April 9, 1821, by a vote of 18,048 to 8,412. 82 650 Constitution of Massachusetts, 1780. goTemment of this Commonwealth, the of&c^ of Justice of the Peace and militia officers excepted,] Aet. IX.' If, at any time hereafter, any specific and particular 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 members of the House of Eepresentatives present and voting thereon, such proposed amendment or amendments shall be entered on the Journals of the two "feouses, with the yeas and nays taken thereon, and referred to the General 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 mem- bers of the House of Eepresentatives 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 purpose, they shall become part of the Constitution of this Commonwealth. Art. X.' The political year shall begin on the first Wednesday of January, instead of the last "Wednesday of May ; and the General Court shall assemble every year on the said first Wednesday of Jan- uary, and shall proceed, at that session, to make all the elections, 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 the first Wednesday of January, without any proclamation or other act of the Governor. But nothing herein con- tained shall prevent the General Court from assembling at such other times as they shall judge necessary, or when called together by the Governor. The Governor, Lieutenant-Governor and Councilors, shiall 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. [' The meeting for the choice of Governor, Lieutenant-Governor, Senators and Representatives, shall be held on the second Monday of November in every year ; but meetings may be ac^ourned, if necessary, for the choice of Represent- atives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of Representa- tives, such meetings shall be held on the fourth Monday of the same month ol November.] » Katlfled April 9, 1821, by a vote of 16,385 to 11,671. 2 Adopted by Legislature is 1829-30 and 1830-31 ; ratified Hay 11, 1831. ' See AmendmentB, Article XV. Constitution of Massachusetts, 1780. 651 All the [other] provisions of the Constitution, respecting the elec- tions 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 January. " This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the Constitution ; and the Governor, Lieutenant- Governor, Councilors, Senators, Representatives, and all other State officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next fol- lowing, and until others are chosen and qualified intheir stead, and no longer; and the first election of the Governor, Lieutenant-Gov- ernor, Senators and Representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November fol- lowing the day on which the same shall be in force and go into opera- tion, pursuant to the foregoing provision. All the provisions of the existing Constitution, inconsistent with the provisions herein contained, are hereby wholly annulled. Art. XI.' Instead of the third article of the bill of rights, the fol- lowing modification and amendment thereof is substituted : " As the public worship of God, and instructions in piety, religion and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore the 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 religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment 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 not be liable for any grant or contract which may be thereafter made or entered into by such society ; and all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the pro- tection of the law ; and no subordination of any one sect or denomi- nation to another shall ever be established by law." f 1 Adopted bjr iLegiBiafiire in 1833 and 1833 ; ratified November 11, 1833. 652 GONSTITVTION OF Massacbusbtts, 1780. [Art. XII.* In order to provide for a representation of the citizens of this Commonwealth, founded upon the principles of equality, a census of the ratable polls in each city, town and district of the Commonwealth, on the first day of May, shall be taken and returned into the Secretary's ofiice, in such manner as the Legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year there- after, in the month of May, in manner aforesaid ; and each town or city having three hnndredratable polls at the last preceding decennial census of polls, may elect one Representative, and for every fou%hundred and fifty ratable polls, in addition to the first three hundred, one Representative more. Any town having less than three hundred ratable polls shall be represented thus : The whole number of ratable polls, at the last preceding decennial census of polls, shall be multiplied by ten, and the product divided by three hundred ; and such town may elect one Representative ad many years within ten years as tJ\ree hundred is contained in the product aforesaid. Any city or town having ratable polls enough to elect one or more Repre- sentatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, by multiylying such surplus number by ten, and dividing the product by four hundred and fifty ; and such city or town may elect one additional Representative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid. Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting in each of said towns and districts, respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a Representative or Representatives ; and such districts shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls. The Governor and Council shall ascertain and determine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the number of Representa- tives which each city, town and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town and representative district may elect an additional Representa- tive ; and where any town has not a sufficient number of polls to elect a Repre- sentative each j'ear, then, how many years, within the ten years, such town may elect a Representative ; aiid the same shall be done once in ten years there- after, by the Grovernor and Council, and the number of ratable polls in each decennial census of polls shall determine the number of Representatives which each city, town and representative district may elect as aforesaid ; and when the number of Representatives to be elected by each city, town or representative district is ascertained and determined as aforesaid, the Governor shall cause the same to be published forthwith for the information of the people, and that num- ber shall remain fixed and unalterable for the period of ten years. All the provisions of the existing Constitution, inconsistent w'ith the provisions herein contained, are hereby wholly annulled.] [Abt. XIII.' A census of the inhabitants of each city and town, on the first day of May, shall be taken and returned into the Secretary's office, on or before 1 Adopted \>y Legislature in 1835 and 1836. Eatlfled Nov. 19, 1836. See Amendments,. Articles xm, xvj, xii, xxn. 2 Adopted by Legislature in 1839and 1840. Ratified April 6, 1840, by a vote of 84,884 to 4,Sia. Sec Amendments, Articles XXI, XXIL , ■ OONSTITUTION OF MASSACHUSETTS, 1780. 653 the last day of June, of the year one thousand eight hundred and forty, and of every tenth year thereafter ; which census shall determine the apportionment of Senators and Kepresentatives for the term of ten years. The several Senatorial Districts now existing shall be permanent. The Senate shall consist of forty members, and in the year one thousand eight hundred 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. The members of the House of Kepresentatives shall be apportioned in the following manner : Every town or city, containing twelve hundred inhabitants, may elect one Bepresentative ; and two thousand four hundred inhabitants shall be the mean increasing number, which shall entitle it to an additional Repre- sentative. Every town containing less than twelve hundred inhabitants shall be entitled to elect a Bepresentative as many times, within ten years, as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such tovms may also elect one Representative for the year in which the valua- tion of estates within the Commonwealth shall be settled. Any two or more of the several towns may, by consent of a majority of the legal voters present at a legal meeting, in each of said towns, respectively, called for that purpose, and held before the first day of August, in the year one thou- sand eight hundred and forty, and every tenth year thereafter, form themselves into a Bepresentative District, to continue for the term of ten years ; and such districts shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. The number of inhabitants which shall entitle a town to elect one Representa- tive, and the mean increasing number which shall entitle a town or city to elect more than one, and also the number by which the population of towns, not entitled to a Representative every year, is to be divided, shall be increased, respectively, by one-tenth of the numbers above mentioned, whenever the population of the Commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhab- itants, the same addition of one-tenth shall be made, respectively, to the said members above mentioned. In the year of each decennial census, the Governor and Council shall, before the first day of September, apportion the number of Representatives which each city, town and RepresentatiTO District is entitled to elect, and ascertain how many years, within ten years, any town may elect a Representative, which is not entitled to elect one every year ; and the Governor shall cause the same to be published forthwith. Nine Councilors shall be annually chosen from among the people at large, on the first "Wednesday of January, or as soon thereafter as may be, by the joint ballot of the Senators and Representatives, assembled in one room, who shall, as soon as may be, in like manner, fiU up any vacancies that may happen in the Council by death, resignation or otherwise. No person shall be elected a Coun- cilor who has not been an inhabitant of this Commonwealth for the term of five years immediately preceding his election; and not more than one Councilor shall be chosen from any one Senatorial District in the Commonwealth.] 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 Executive Council. 654 Constitution of Massachusetts, 1780. Akt. XIV.' In aU elections of ciyil ofiBcers by the people of this Commonwealthj whose election is proyided for by the Constitution, the person having the highest number of Totes shall be deemed and declared to be elected. Art. XV.' The meeting for the choice of Governor, Lieutenant- Governor, Senators and Eepresentatives, shall be held on the Tuesday next after the first Monday in November, annually; but in case of a failure to elect Eepresentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. Akt. XVI.' Eight Councilors shall be annually chosen by the inhab- itants of this Commonwealth, qualified to vote for Governor. The election of Councilors 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 thereafterward, shall divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing any town or ward of a city, and each entitled to elect one Councilor : Provided, however. That if, at any time, the Constitu- tion shall provide for the division of the Commonwealth into forty Senatorial Districts, then the Legislature shall so arrrange the Coun- cilor Districts that each district shall consist of five contiguous Sena- torial Districts, as they shall be, from time to time, established by the Legislature. No person shall be eligible to the oflBice of Councilor 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 Coun- cilors, 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. And that there may be no delay in the organization of the government on the first Wednesday of January, the Governor, with at least five Coun- cilors for the time being, sh^U, as soon as may be, examine the returned copies of the records for the election of Governor, Lieu- tenant-Governor and Councilors ; and ten days before the said first Wednesday in January he shall issue his summons to such persons as 1 Adopted by Legislature In 1854 and 18B5 ; ratified May 33, 1856. Constitution of Massachusetts, 1780. 655 appear to be chosen, to attend on that day to be qualified accordingly ; and the Secretary shall lay the returns before the, Senate and House of Representatives 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 of either of said oflficers, the Legislature shall proceed to fill such vacancies in the manner provided in the Consti- tution for the choice of such officers. Aet. XVII.' The Secretary, Treasurer, and Eeceiver-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 Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification 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 mean time, of the person elected as such, such officer 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 Eepresentatives, in one room ; and in case the office of Secretary, or Treasurer and Receiver-General, or Auditor, or Attorney-General, shall become vacant, froni 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 Coun- cil. 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 otherwise 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 Commonwealth five years next preceding his election or appointment. Art. XVIII.' All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be I Adopted by Legislature in 1854 and I8SS. Katifled May 33, 1855. 656 Constitution of Massachusetts, 1780. appropriated by the State for the support of common schools, shall bfi applied to, and expended in, no other schools than those which ai-e conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to he expended; and such moneys shall neyer be appropriated to any religious sect for the maintenance, exclusiyely, of its own school. , Abt. XIX.' The Legislature shall prescribe, by general law, for the election of Sheriffs, Kegisters of Probate, Commissioners of Insolvency, and Clerks of the Courts, by the people of the several counties, and that District Attorneys shall be chosen by the people of the several districts, for such term of oflBce as the Legislature shall prescribe. Akt. XX.' .No person shall have the right to vote, or be eligible to ofiBce, under the Constitution of this Commonwealth, who shall not be able to read the Constitution in the English language, and write his name : Provided, however, That the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward at the time this amendment shall take effect. Abt. XXI.° A census of the legal voters of each city and town,- on the first day of May, shall be taken and returned into the office of the Secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. 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, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of Eepresentatives for the periods between the taking of the census. The House of Eepresentatives shall consist of two hundred and forty members, which shall be apporti*oned by the Legislature, at its first session after, the return of each enumeration as aforesaid, to the several counties of the Commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration ; and the town of Cohasset,'in thfe county of Norfolk, shall, for this purpose, as well as in the forma- tion of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it shall be the duty of the Secretary of the Commonwealth, to certify, as soon as maybe after it is determined by 1 Adopted by Legislature in 1834 and 1865. Batifled May 33, 1856. 2 Adopted by Legislature in 185G and 1857. Eatifled May 1, 1857. Constitution of Massachusetts, 1780. 657 the Legislature, the number of Eepresentatives to which each county , shall be entitled, to the Board authorized to divide each county into Representative Districts. The Mayor and Aldermen of the city of Boston, the County Commissioners of other counties than Suffolk, or in lieu of the Mayor and Aldermen of the city of Boston, or of the County Commissioners in each county other than Suffolk, such Board of Special Commissioners in each county to be elected by the people of the county, or of the towns therein, as may for that purpose be pro- vided by law, shall, on the first Tuesday of August next after each assignment of Representatives to each county, assemble at a shire town of their respective icounties, and proceed, as soon as may be, to divide the same into Representative Districts of contiguous territory, so as to apportion the' representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three Representatives. Every Representative, for one year at least next preceding his election, shall have been an inhabitant of the district for which he is chosen, and shall cease to represent such dis- trict when h# shall cease to be an inhabitant of the Commonwealth. The districts in each county shall be numbered by the Board creating the same, and a description of each, with the numbers thereof, and the number of legal voters therein, shall be returned by the Board, to the Secretary of the Commonwealth, the County Treasurer of each county, and to the Clerk of every town in each district, to be filed and kept in their respective ofi&ces. The manner of calling and conduct- ing the meetings for the choice of Representatives, and of ascertain- ing their election, shall be prescribed by law. Not less than one hundred members of the House of Representatives shall constitute a quorum for doing business ; but a less number may organize tempo- rarily, adjourn from day to day, and compel the attendance of absent members. Akt. XXII.' A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the oflBce of the Secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every teiith year thereafter. In the census aforesaid a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the ntimber of ■ Adopted by Legislatare in 1856 and 1857 ; ratified May 1, 1857. 83 658 Constitution of Massachusetts, 1780. such legal voters aforesaid, residing in each ward of such city. ' The enumeration aforesaid shall determine the apportionment of Senators for the periods between the taking of the census. The Senate shall consist of forty members. The General Court shall, at its first session after each next preceding special enumeration, divide the Common- wealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid: Provided, hdhevet. That no town, or ward of a city, shall be divided therefor; and such districts shall be formed, as nearly as may be, without uniting tWo counties, or parts of two or more counties, into one district. Each district shall elect one Senator, who shall have been an inhabitant of this Commonwealth five years at least, immediately preceding his election, and at the time of his election shall be an inhabitant of the district for which he is chosen ; and he shall cease to represent such Senatorial District when he shall cease to be an inhabitant of the Commonwealth. Not less than six- teen Senators shall constitute a quorum for doing business ; but a less number may organize temporarily, adjourn from day to day, and com- pel the attendance of absent members. [Abt. XXIII.' No person of foreign birth shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be other- wise qualified, according to the Constitution and laws of this Commonwealth : Provided, That this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof: And, Provided, further. That it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.] Art. XXIV.' Any vacany in the Senate shall be filled by election by the people of the unrepresented district, upon the order of a majority' of the Senators elected. Akt. XXV." In case of a vacancy in the Council, from a failure of election, or other cause, the Senate and House of Representatives shall, by concurrent vote, choose some eligible 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 eligible person. Aet. XXVI.' The \twenty-third article of the articles of amend- ment of the Constitution of this Commonwealth, which is as follows, to wit : " No person of foreign birth shall be entitled to vote, or shall 1 Adopted by Legislature In 1858 and 1859 ; ratified May 9, 1859 ; repealed by Article XXVI. ^ Adopted by'LegiBlatare in 1859 and 1860 ; ratified May 7, 1860. » Adopted by Legislature in 1862 and 1863; ratified April ft, 1863. Constitution of Massachusetts, 1780. 659 be eligible to oflBce, unless lie shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the Constitution and laws of this Commonwealth : Provided, That this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof: And, Provided, further, That it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom," is here- by wholly annulled. MICHIGAN. Settlement within tlie present limits of Michigan was first made by the French, of Canada, at Detroit, in 1702, and this became an important trading post. The oivU and military authority were exercised by a Cbmmandant, and the rules in force relating to the rights of property, devises, succession, and the marriage relation were those of the French law, so far as the circumstances of the country allowed, and they were not entirely abandoned until 1810. In 1760, the country passed under the English rule, with the conquest of Canada, and a British garrison was maintained at Detroit until 1796, although, under the treaty of 1782-83, the whole of the present State of Michigan was included within the United States. The grants made under French authority, were confirmed by the terms of surrender, but public sales of land, under government survey, did not com- mence untU 1818, although a land office had been opened in 1804, for the adjust- ment of titles. Being within the region known as the " Territory^of the United States north- west of the Ohio River," it came under the ordinance of July 13, 1787, and the act of August 7, 1789, for the government of that territory. On the 7th of May, 1800, upon the formation of the territory of Indiana, about half of the peninsula of Michigan, being the part west of the meridian of the mouth of the Great Miami Biver, was included ; but on the 30th of April, 1802, the part north of the parallel of latitude passing through the southern point of Lake Michigan, was attached to that territory. The territory of Michigan was formed from Indiana territory, by an act of Congress, passed January 11, 1805 ; bounded south by a line drawn east, from the south end of Lake Michigan to Lake Erie, and west, by the center of Lake Michigan to its most northern point, and thence by a line due north to Canada. The inhabitants were entitled to all the rights and privileges granted by the ordinance of 1787, and the seat of government was fixed at Detroit. The gov- ernment established was of the first grade, in which the powers were vested in a Grovemor and three Judges. The act took e£fect on the 30th of June following, and private rights and judicial proceedings were not to be afiected by the change. At this time the population of the territory was about 4,000. The Governor and Judges, in May, 1806, adopted the first code of laws of the territory, which was selected from the laws of the older States. On the 9th of AprU, 1816, upon the admission of Indiana, its northern boundary was carried ten miles further north, and provision was made March 2, 1827, for its survey, as it now exists. On the 18th of June, 1818, upon the admission of Dlinois, all that part of the territory east of the Mississippi, and north of 42° 30', was annexed to Michigan territory, and June 28, 1834, all north of the State of Missouri, and east of the Missouri and White Earth Bivers was also annexed. This portion so remained until the formation of Wisconsin territory, April 20, 1836, when all west of Lake Michigan, excepting the part known as the "Upper Peninsula," was included in the new territory. The territory of Michigan was, by an act approved February 16, 1819, allowed to send a Delegate to Congress, and by an act of March 3, 1823, it was advanced to the full powers of a territory of the second grade, with a Legislature of its 662 Michigan. own. The Legislative Council consisted of nine persons appointed by the Presi- dent, out of eighteen designated by the electors, but their number was increased, February 5, 1825, to thirteen, appointed in like manner out of twenty-six. In January, 1827, the electors were allowed to choose thirteen Kepresentatives directly, without further sanction either of the President or Congress. Under the ordinance of 1787, the territory claimed the right of admission as a State, whenever the population should amount to 60,000 ; and, believing them- selves thus entitled, the people of the territory, in 1832, by a decided vote, determined to apply for admission, and memorialized Congress upon the sub- ject. A bill was introduced for this purpose, but from the opposition of Ohio, growing out of a boundary controversy, the bill did not at that time pass. As this controversy had an important bearing upon the future destinies of the State, and as for more than thirty years it was a subject of discussion between the State of Ohio and the territory of Michigan, the grounds of difference will be here stated. By the act of 1802, enabling the people of Ohio to form a State government, this boundary was declared to be " on the north, by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Oreat Miami, until it shall intersect Lake Erie, or the territorial line, and thence, with the same, through Lake Erie to the Pennsylvania line." The Cbnstitution of Ohio adopted the same description, with this condition : " Provided always, and it is hereby fully understood and declared by this Convention, that if the south- erly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect Lake Erie east of the mouth of the Miami Biver, then, in that case, with the assent of the Congress of the United States, the ngrthern boundary of the State shall be established by and extend to a direct line, running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami as aforesaid ; thence northeast to the territorial line, and by said territorial line to the Penn- sylvania line." On the 20th of May, 1812, an act had been passed by Congress for ascertaining and marking the line between Ohio and Michigan, but the line was not run until 1818. On the 14th ot July, 1832, another act was passed by Congress, to provide for taking certain, observations preparatory to the adjustment of the northern boundary of Ohio. The more northern of these lines (known as Harris' Line), was about seventy-two miles long, and the southern (known as Pulton's Line), about ninety. The width between them on the east was about seven, and on the west, live miles, and the area in dispute, about four hundred and sixty-eight square miles. Besides this, there was a large triangular piece in the north-eastern part of Ohio, of over a thousand square miles in area, north of " Pulton's Line " continued, which Michigan claimed as her " Eastern Tract," but over which the State of Ohio had always exercised jurisdiction, from her first organization. Even a continuation of Harris' line, oT the more northerly line, as claimed by Ohio, would cut off about three hundred and twenty-four squai:e miles from the north-eastern corner of Ohio. The western tract had been held by Michigan, and from its embracing valuable harbors and the mouth of an important river, it was highly prized. On the 6th of September, 1834, the Legislative Council of Michigan ordered a census of the free white inhabitants within the peninsula, to be taken, and the returns showed a population of 83,273. A Convention was accordingly called by the Legislative Council, January 26, 1835, to be composed of eighty-nine Delegates, to be elected by the people on the 4th of ^April, and to meet on the Michigan. 663 11th of May of that year. They daitned to exercise this power under the fifth article of the ordinance of July 13, 1787, having fulfilled the condition as to num- bers. This Convention met at Detroit on the appointed day, and remained in session untilJune 29th, when it agreed upon a Constitution, which was approved by the people, at an election held October 5th, by a decisive vote of five to one, and a State government, in all its departments, was organized, and went into iperation on the first Monday of November of that year. The boundaries claimed by the proposed State, included only the portion within the eastern or lower peninsula, and extended to the more southerly of the boundary lines in controversy. Application was made for admission into the Union, and a copy of the census returns was forwarded with the memorial. On the 9th of December, 1835, President Jackson called the attention of Con- gress to the application^ in a special message, in which, without expressing any opinion on its merits, he based the claim upon the provision of the ordinance of 1787. Objections were raised Upon the ground of irregularity in the proceed- ings of the Legislative Council, in calling a Convention without express authority from Congress, and a resolution was passed in the Senate, declaring that that body regarded the memorial of the Senates and House of Representa- tives of the State of Michigan, as only the voluntary act of private individuals. A bill was, however, carried, admitting the State into the Union. This act, approved June 15, 1836, provided, " That the Constitution and State government which the people of Michigan have formed for themselves be, and the same is hereby accepted, ratified and confirmed ; and that the State of Michigan is hereby admitted into the Union. * * * Provided always, That this admission is upon the express condition, that the said State shall consist of, and have jurisdiction over, all the territory included within ,the following boundaries, and over none other." These boundaries were the same aa claimed by Ohio on the south, and included the " Upper Peninsula," as now bounded, which was added by way of compensation for the loss of territory on the southern border. The acceptance of this proviso, by a special Convention called for the sole purpose, was made a fundamental condition to admission. A Convention elected under an act of the State Legislature of Michigan, passed July 25, 1836, was held. The Convention met September 26th, at &.nn Arbor, and on the 30th rejected the condition imposed by Congress, by a vote of 28 to 31, on the ground that that body had no right to annex such a condition, according to the terms of the ordinance of 1787. Meanwhile a division of opinion as to the propriety of accepting the proposed terms began to arise among the inhabitants. An approaching distribution of the surplus revenues among the States might have had its influence, and there were other manifest benefits to be derived from the Union, which might be indefinitely delayed by non-acceptance. During the autumn, two large primary assemblies of the party assenting to the terms of Congress were held, one in Wayne, and the other at Washtenau, two of the most populous counties in the State. A second Convention was pro- posed, and the Governor was requested to call the same by proclamation ; but this he declined to do, from the want of authority of law. A Convention was, however, decided upon, and on the 14th of November a circular was issued by the ofllcers of the assenting party, recommending the qualified voters in the several counties to meet on the 5th and 6th of December, and elect delegates to attend a Convention, under all the formalities of law. This election was attended only by one party, while those who dissented on the question of boundary abstained from voting. It was shown by information collected after its adjournment, that probably from 5,000 to 6,000 votes for members of this second Convention had been cast 664 MlOBIOAN. at the first election for those who opposed the acceptance of the propositions of Congress, and that froik 8,000 to 9,000 were oast for those who favored acceptance. Although manifestly irregular, it thus appeared, nevertheless, to express the wishes of a majority of the voters. The Convention met at Ann Arbor on the 14th of December, and on the 15th unanimously agreed to accept the conditions imposed, but protested against the Constitutional right of Congress to require the preliminary assent. These pro- ceedings led to a lengthy debate in Congress, but an act was finally approved January 26, 1837, which, after asserting, by^reamble, that the people had given their consent to the proposed boundaries, in the Convention of December 15tb, declared Michigan to be admitted into the Union on an equal footing with the original States, in all respects whatever. The line between Wisconsin Territory and the Upper iPeninsula of Michigan was ordered to be surveyed by an act of Congress, approved June 12, 1838. The question of calling another Constitutional Convention was submitted by law to the electors, on the 6th of November, 1849, and it being approved by a vote of 33,193 to 4,095, a Convention was held at the State Capitol at Lansing, June 3, 1850, and on the 15tl^ of August, it agreed upon a new Constitution, which was accepted by a vote of 36,169 to 9,433 at the next November election. A clause submitting the question of equal suffrage to colored persons was voted upon separately, and this right Was denied to them. The Constitution of 1850 provided that at the election held in 1866, and in every sixteenth year thereafter, the question of holding a Convention for revising the Constitution should be held. The vote for revision, taken under this authority in 1866, gave a return of 79,505 for, and 28,623 against, a Convention. A majority favoring, an act passed on the 11th of March, 1867, appointed an election, on the first Monday in April, of Delegates to meet in Convention on the third Wednesday in May of that year. It met on the 15th of May, and adjourned on the 22d of August, after adopting a new Constitution. The ques- tion of its ratification was submitted to the people on the first Monday of April, 1868, and it was rejected by a vote of 71,733 to 110,582. The question of pro- hibition of the sale of ardent spirits was submitted separately, and the returns showed a majority against the measure, the vote being 72,462 to 86,142. The question of annual or biennial sessions of the Legislature was also submitted separately, and the returns gave a vote of 100,314 for annual, and 24,482 for biennial, sessions. Important ameudmentti were ratified at the general election in 1870. CONSTITUTION OF MICHIGAN, 1850. SUMMAKY. Abticlxs. I. Boundaries, n. Seat of Government, m. Division of the Powers of Government. rV. Legislative Department. V. Sxecntive Department. VI. Jndicial Department. Vn. Elections. Yin. State Officers. TS.. Salaries. X. Counties. XI. Townships. XTT. Impeachments and Bemovals from Office. Xm. Education. XrV. Finance and Taxation, XV. Corporations. XVI . Exemptions, XVn. Militia. XVm. MiscellaneouB Provisions. XIX. Upper Peninsula— BailroBd. XX. Amendments to the Constitution. Schedule. Besolution. PKEAMBLE. ARTICLE I.— Boundaries. Sbctxoxs. 1. Description of boundaries. ARTICLE M.— Seat of Oowmment. 1. Continued at Lansing, ARTICLE m.—DMekm of the Powers of Ooc- emment. 1, Three Departments, 5, No person belonging to one to exercise the power of another. ARTICLE IV. — Legislative Department. 1. Legislative power, how vested. 2. Senate, how composed — term of Senators — single districts- when a county may be divided. 8. House — number of members — term — towns or cities not to be divided in forming districts— counties when enti- tled to separate representation — forma- tion of districts. 4. Census in 1854 and decennially after — re- apportionment. 6. Qualification of Senators and Bepresenta- tives — removal from district to vacate office, 6. Not to hold other offices. 7. Privilege of members — not to be questioned for any speech in either House. 8. Quorum — powei to compel attendance. 9. Powers of each House — expulsion of mem- bers. 10, Joamal — yeas and nays, when recorded — right of entering protest. 11. Elections in either House to be viva voce — votes on nominations to Senate to be by yeas and nays and published. 84 Sections. 12. To sit with open doors— adjoumments lim- ited. 13. Origin of bills, 14. Veto power — limitatione. 15. Pay of members — extra compensation may be allowed members from Upper Penin sula — pay at extra sessions — mileage — limit to expenses for books and papers. 16. Postage to be paid on mailable matter received. 17. Fay of President of Senate and Speaker of House. 18. Members not eli&:ible to otiber o£SceB — nor to hold contracts with State or any county. 19. Passage of bills — majority to approve — final vote. 20. Laws to include but one snbject — to be expressed in title — when to take effect. 21. Extra compensation to officers and con tractors forbidden. 22. Fuel — stationery — printing — constructive charges for labor forbidden — no mem- ber to be interested in these contracts. S.S. Special laws on certain subjects forbidden. 24. A Chaplain may be employed at State Prison — no money to begranted for religious services in either House. 25. Laws not to be revised, altered or amended by title. 26. Divorce by Legislature forbidden. 27. Lotteries not to be allowed. 28. No bill to be introduced df ter first fifty days. 29. Payment in case of contested elections. 30. Non-accounting holders of public money excluded. 81. Legislature not to audit or allow private claims. 32. Adjournments to occur at noon on last day. 33. Time and place of meeting — sessions bien- nial. 34. Elections, when held. 35. A State paper not to be established — pay- ment for such papers as print the laws. 36. Publication of laws — of judicial decisions — free for any one to publish. 37. Vacancies in office — how filled. 38. Local legislative and administrative powers may be conferred upon cities and vil- lages. 39. Beligious freedom. 40. No money to be applied for religious pur- poses. 41. Civil or political rights not impaired on account of religious belief. 42. Freedom of speech and of the press. 43. No bill of attainder or expostjactol&w to be passed. 44. Privilege of writ of habeas corpus. 45. A vote of two-thirds required for money appropriations for local or private pur- poses. 46. Juries of less than twelve men may be authorized. 47. No act to be passed authorizing license for sale of ardent spirits. 48. Style of laws. 666 Constitution of Michigan^ 1850. ARTICLE Y .— Executive Department. BEgTIONS. 1. Executivepower — tennof Governor. 3. Qnalifications of Governor. 3. Election — case of eqnal vote. 4. Commander-in-Chief: 5. To transact bueineas with officers of govern- ment — may require iuf ormation In writ- ing. 6. To take, care that the laws are faithfully executed. 7. May convene the Legislature. 8. Messages. 9. When allowed to convene Legislature at places other than seat of government. 10. To issue writs to fill vacancies in Legislature. 11. Pardoning power. 12. Lieutenant-Governor, when to act as Gov- ernor, 13. Case of vacancy in office of both Governor and Lieutenant-Governor 14. Lieutenant-Governor as President of Senate. 15. No member of Congress or officer o^ United States Government to act as Governor. 16. Governor and Lieutenant-Governor not eli- gible to other offices. 17. Pay of persons acting as Governor. 18. OfHcial acts of Governor, how authenticated — keeper of seal. 19. Commissions, how Issued, signed, and coun- tersigned. ARTICLE VT. —Judidal Department. 1. Judicial power, how vested. % For a time the Judges of the Circuit Court? to act as Judges of the Supreme Court — future organization of Supreme Court — claseification of Judges. 3. Jurisdiction of Supreme Court. 4. Terms, when and where held. 5. Rules — distinctions between law and equity proceedings to be as far as practicable abolished — office of Master in Chancery prohibited. ■ 6. Judicial Circuits — term of Circuit Judges. ^ 7. Change of Judicial Circuits. 8. Jurisdiction of Circuit Courts. 9. Salary of Judges — they are not to be eligible to other than judicial offices. 10. Reporter — decisions to be in writing and signed — vacancies in offices of County Clerk and Prosecuting Attorney. 11. Terms of Circuit Court. 12. Clerks of counties to be Clerks of Supreme Court. 13. Courts of Probate. 14. "Vacancies in office of Judge — how filled. 15. Courts of record — seal. Ifi. Special officers with certain judicial powers. 17. Justices of the Peace — election — term — classification — vacancies — increase of number in cities. - 18. Jurisdiction of Justices of the Peace. 19. Judges to be conservators of the peace. 20. First and subsequent judicial elections. 21. First and subsequent elections of Judges of Probate Courts. 22. Judicial offices to become vacant by removal from district. 23. Courts of Conciliation. 24. Right of every suitor to prosecute or defend his suit in person, or by Attorney. 35. Prosecation for libel. 26. Security against unlawful seizures and searches. 97. Right of trial by jury confirmed — maybe waived in civil cases. 28. Rights of persons accused of crime. 39. Second trial for same offense forbidden — right of bail. 30. Treason defined— how proved. 31. Excessive bail —cruel punishmcntB — deten- tion of witnesBtiB. Sections, 32. Witness against one's self —right of justice, 33., Imprisonment for debt not allowed. 34. Witnesses not incompetent on account of religious belief. 35. Style of process. ARTICLE YU.-~ Ekctims. 1. Qualifications of electors — right of voting when absent from town, ward or State in certain cases, 2. Voting to be by ballot — except certain town ♦ officers. 3. Privilege of electors. 4. Militia duty not to be required on election day — exceptions — not to he required to attend court as suitor or witness. 5. Residence not ^ined or lost by absence in service of United States, and in certain other cases. 6. Protection of elections. 7. Soldiers, etc., not to he deemed residents by being stationed. 8. Duelling to disqualify from holding office — and from voting. ARTICLE Yai.~ State Officers. 1. Secretary of State — Superintendent of Pub- lic Instruction — Treasurer — Commia- sioner of Land Office — Auditor-General — Attorney-General — terms — residence — duties. 2. Terms — when to begin. 3. Vacancies — how filled. 4. Board of State Auditors — State canvassers, 5. Case of equal vote — contested elections. ARTICLE IS.. — Salaries. 1. Salaries of State officers. ARTICLE X. — Counties. 1. Each county a body corporate. 2. Limit of new counties — cities may form separate counties. 3. County officers — terms — vacancies. 4. Certain county offices to be kept at county seat. 5. Term of Sheriff — renewal of sureties — county not responsible for his acts. 6. Boards of Supervisors. 7. Representation of cities in Boards of Super- visors. 8. Removal of county seats. 9. Limit of power of borrowing money. 10. Special power of Supervisors in Wayne county. 11. Board may provide for laying out high- ways, etc. ARTICLE XI. — Townships. 1. Township officers. 2. Townships to be bodies corporate. ARTICLE XII. — l7npea<^mients and removals from office. 1. House to have power of impeachment-^ majority to direct. 2. Senate to try impeachments- mode of trial -two-thirds to concur — limit of judg- ment. 3. Three members to conduct the prosecution — no trial to take place until after Legis- lature has adjourned. 4. Judicial officers suspended while impeach- ment is pending. 5. Temporary vacancies — how filled. 6. Removal of Judges for causes not sufficient for impeachment. 7. Removal of county and township officers. Constitution of Micbiqan, 1850, 667 6. 8. ' Sections. 8. Special poolers of Governor — may examine condition of public offices — may re- move from office in certain cases. AKTICLE Xni.—'Edueation. 1. Superintendent of Public Instruction to have general charge of public instruction. 2. Proceeds from sale of public lands — other sources of school fund. 3. Escheated lands applied to school fund. 4. Primary school system to he organized within five years, 5. Eegents of the University — term — vacan- cies — to constitute a Board. Schools to be taught at least three mouths in each district. Title — Regents of the University a corpor- ate body. President or Board— powers. State Board of Education — its President — supervision of State Normal school. 10, Institutions for deaf, dumb, blind and in- sane. 11. Promotion of intellectn^l, scientific and agricultural improvement. ' 13. Township libraries. ARTICLE XrV. —JFlTiance and Taxation^ 1. Specific taxes, how applied — tax for current expenses of State. 3. Sinking fund for payment of State debt. 3. Restrictions upon creation of State debt. 4. Exceptional cases in which debts may be in- curred. 5. Payments from treasury to be by law. 6. State credit not to be granted to, or In aid of, any person, associatioiv or corpora- tion. ^. No scrip, etc., to be issued, except for debts authorized in Constitution. 8. State not to become a stockholder. 9. State not to be ft party to, or interested in, any work of internal improvement. 10. Specific taxes may be continued. 11. Taxation to be uniform. 13. Assessments to be at cash value. 13. Equalization by a State Board. 14. Object of every law imposing a tax to state distinctly the object. ARTICLE XV. — Corporati&na. 1. Corporations may he created by general laws — a single bank may be created with branches. 3. Banking law to he submitted to the people. 3. Liability of bank officers and s^ckholders. 4. Registry of bank bills — secunty»to be de- posited. 5. Security of billholders in case of insolvency. 6. No suspension of specie payments to he authorized by law. 7. Liability of stockholders of corporations. 8. Amendment of acts of incorporation by two- thirds vote. 9. Private property, when taken by corpora- tions for public use. 10. Limitation of corporations. 11. Definition of term '■'corporation." 13. Limit of power to hold real estate. 33. Incor{>oratiou of cities and villages — res- trictions upon their credit. 14. Election of Judicial officers of cities. 15. Private property, when taken for city or village use. 16. Notice of application for alteration of charters of corporations. ARTICLE XVI. — JExemptims. 1. Limit ot exemptions of personal property. Sections. 3. Homestead exemptions., 3. Exemption of family homestead after death of owner. 4. Rights of a childless widow. 6. Rights of property of married women. ARTICLE -SNJl.—MUitia. 1. Militia, how composed — exemptions from duty. 3. Organizations of militia. ,3. Election of militia officers. ARTICLE XV ill. — Miscellaneous ProvlelmB. 1. Oath of office. 3. Private property, when taken forpublic use. 3. No mechanical trade to be taught in State prisons — except of articles for home consumption. 4. Navigable streams not to be bridged or ctemmed without authority. 5. Statements of receipts and e^enditures. 6. Laws and public records to be in English language. 7. Right of bearing arms. 8. Subordination of militaiy to civil power. 9. Quartering of soldiers. 10. Right of assembling and of petitioning, 11. Slavery prohibited. 13. Leases of agricultural lands limited. 13. Rights of resident aliens. 14. Property taken for public use to he paid for — private roads. 15. No general revision of the laws to be made — collections of the laws in force may be ordered. ARTICLE XIX.— Upper FeniTisuld. 1. Certain counties named to form a separate Judicial District. 3. Election of a District Judge — his powers — term. . 3. District Attorney — duties. 4. To have at least one Senator and three Mem- bers. 5. Salary of District Judge and Attorney — extra pay of members, 6. Elections, when held. 7. One-half of taxes to be applied for town* ship and county purposes. 8. State prison may be changed from Jackson to the Upper Peninsma, 9. Charters of mining companies may be modi fled. ARTICLE XIX -(^,) MaUroads. 1. Legislature may regulate prices on railroads. 3. Consolidation of companies, when allowed. ARTICLE XX.— Amendment and Revision of the Constitution. 1. Amendments, how made by the Legislature — how ratified. 3. Question of a Convention to be submitted In 1866 — at every_ sixteenth year after — — at such other timeB as the Legislature may direct. SCHEDULE. Preamble. ^ 1. Common and statute faws continued. 3. Writs, actions, prosecutions, rights, etc., continued. 8. Fines, penalties, escheats, etc.; to accrue to State under this Constitution, -4. Bonds, obligations, etc., of public officers continued — crimes to be punished as though no change had occurred. 5, Governor to be chosen. 6, Officers c{)ntinued until superceded. 668 Constitution of Michigan, 1850. Sectioss. 7. Members of Legislature of 1851 to hold until BuperBedeoT 8. Connty officers to continne until January 1, 1853. 9. Limit of term of present Judges. 10. Suits to be transferred to courts established under Constitution. 11. Officers under a certain act relating to Police of Detroit continued. 13. State Printer continued for term to which elected. 13. Legislature to adapt laws to new Constitu. tion. 14. Attorney-General to report such changes in laws as he may deem necessary. 15. Territory attached to a county for judicial purposes. 16. Election on adoption of Constitution. IT. Persons entitled to vote at such election. 18. Form of ballots. Sections. 19. Canvass, how made and returned. 20. Present salaries to continue until changed. 21. Expenses of Convention to be paid. 33. Present representation of counties. 33. Cases pending in late Court of Chancery, how disposed of. 34. Governor's term, when to begin. 25. Upper Peninsula to form a part of third circuit for election of a Kegent. 26. Office of Judge and Attorney for Upper Peninsula may be abolished. 37. Bepresentative Districts to be formed in 1851. 38. Terms of officers, when to begin. 39. Judicial Circuits described. EESOLUTION. 30. Separate vote on allowing suffiage to colored persons. PEEAMBLE. The people of the State of Michigan do ordain this Constitution. AETICLE I. BOUNDAEIES. The state of Michigan consists of, and has jurisdiction over, the territory embraced within the following boundaries, to wit: Com- mencing at a point on the eastern boundary line of the State of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay shall intersect the same, said point being the north-west corner of the State of Ohio, as established by act of Congress, entitled " An act to estab- lish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six ; thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada in Lake Erie ; thence with said boundary line between the United States and Canada through the Detroit river, -Lake Huron and Lake Superior, to a point where the said line last touches Lake Superior ; thence in a direct line through Lake Superior to the mouth of the Montreal river ; thence through the middle of the main channel of the said river Montreal to the head waters thereof ; thence in a direct line to the center of the channel between Middle and South Islands in the Lake of the Desert ; thence in a direct line to the southern shore of Lake Brule ; thence along said southern shore and down the river Brule to the main channel of the Menominie river ; thence down the center of the main channel of the same to the center of the most usual ship channel of the Green Bay of Lake Michigan ; thence through the center of the most usual ship channel Constitution of Micbioan, 1860. 669 of the said Bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the act of Congress of the nineteenth of April, eighteen hundred and sixteen ; thence due east with the north boundary line of the said State of Indiana to the north- east corner thereof; and thence south with the 'eastern boundary line of Indiana to the place of beginning. ARTICLE IL SEAT OF GOVEBJiTMENT. SECTioif 1. The seat of goyernment shall be at Lansing, where it is now established. ARTICLE IIL DlVISIOir OF THE POWERS OF GOVERNMENT. Section 1. The powers , of government are divided into three Departments, the Legislative, Executive and Judicial. § 2. No person belonging to one Department shall exercise the powers properly belonging to another, except in the cases expressly provided in this Constitution. ARTICLE IV. LEGISLATIVE DEPARTMENT. Section 1. The legislative power is vested in a Senate and House of Representatives. § 2. 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. § 3. 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 Repre- sentative District shall contain, as nearly as may be, an equal number of inhabitants,' [exclusive of persons of Indian descent, who are not civilized, or are members of any tribe], and shall consist of convenient and contiguous territory. But no township or city shall be divided in the formation of a Representative District. When any township or city shall contain a population which entitles it to more than one 1 The clauses in brackets were added by amendment, proposed on the Bth of April, 1869, and approved at a general election on the 8th of November, 1870, by a vote of 54,105 for, to 50,975 against. The word " white " before " inhabitants," and the words ;' and civilized persons of Indian descent not," after the word " inhabitants," were stricken out by the same amendment. 670 Constitution of Michigan, 1850. Eepresentatiye, then such township or city shall elect by general ticket the number of Eepresentatiyes to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate Eepresentatiye when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one Eepresentatiye, the Board of Supervisors shall assemble at such time and place as the Le^s- lature shall prescribe, and divide the same into Eepresentatiye Dis- tricts, equal to the number of Eepresentatives to which such county is entitled by law, and shall cause to be filed in the offices of the Secretary of State and Clerk of such county a description of such Eepresentatiye Districts, specifying the number of each district, and population thereof, according to the last preceding enumeration. § 4. The Legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty-four, and every ten years thereafter ; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the Legislature shall re-arrange the Senate Districts, and apportion anew the Eepresentatives among the counties and districts, according to the number 'of inhabitants,' [exclusive of persons of Indian descent, who are not civilized, or are] members of any tribe. Each apportionment, and the division into Eepresentatiye Districts, by any Board of Supervisors, shall remain unaltered until the return of another enumeration. § 5. Senators and Eepresentatives shall be citizens of the United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. § 6. 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. § 7. Senators and Eepresentatives 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 commencement and after the termination of each session. They shall not be questioned iii any other place for any speech in either House. I The clanees in brackets were added by amendment, proposed on the Stb of April, 18^, and approved at a general election on the 8th of November, 1870, by a vote of 54,106 /of, to 60,398 as/ainst. The word "white" before "inhabitants," and the words "and civilized persons of Indian descent not," after the word " inhabitants," were stricken oat by the same amcdment. Constitution of Mtcuiqan, 1850. 671 § 8. A majority 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 may prescribe. § 9. Each House shall choose its own oflBcers, determine 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 con- stituents antecedent to his election. » The reason for such expulsion shaill be entered upon the journal, with the names of the members voting on the question. § 10. Each House shall keep a journal of its proceedings, and pub- lish the same, except such parts as may require secrecy. The yeas and nays of the members of either House, on any question, shall be entered on the journal at the request of one-fifth of the members elected. Any member of either House may dissent from and protest against any act, proceeding, or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal. § 11. In all elections by either House, or in joint convention, the votes shall be given viva vdce. All votes on nominations to the Senate shall be taken by yeas and nays, and published with the journal of its proceedings. § 12. The doors of each House shall be open, unless the public welfare require secrecy. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the Legislature may then be in session. § 13. Bills may originate in either House of the Legislature. § 14. Every bill and concurrent resolution, except of adjournment, passed by the Legislature, shall be presented to the Governor before it becomes a law. If he approve, 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 objections at large upon their journal, and re- consider it. On such reconsideration, if two-thirds of the members elected agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall b& reconsidered. If approved by two-thirds of the members elected to that House, it shall become a law. In such case, the vote of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of eaoh Ho\ise respectively. If any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a 672 Constitution of Michigan, 1850. law, in like maimer as if he had signed it, unless the Legislature, by their adjournment, prevent its return; in which case it shall not become a law. The GoTcrnor may approve, sign, and file in the office of the Secretary of State, within five days after the adjournment of the Legislature, any act passed during the last five days of the session ; and the same shall become a law. § 15. The compensation of the members of the Legislature shall be three dollars a day for actual attendance, and when absent on account of sickness [' but the Legislature may allow extra compensation to the members from the territory of the " Upper Peninsula," not exceeding two dollars per day during the session]. When convened in extra session, their compensation shall be three dollars a day for the first twenty days, and nothing thei-eafter ; and they shall legislate on no other subjects than those expressly stated in the Governor's Procla- mation, 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 from the place of meeting, on the usually traveled, route; and for stationery 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 Legis- lature 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. § 16. The Legislature may provide by law for the payment of post- age 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. § 17. The President of the Senate and the Speaker of the House of Eepresentatives shall be entitled to the same per diem compensation and mileage as members of the Legislature, and no more. § 18. No person elected a member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, from the Legis- lature, or any other State authority, during the term for which he is elected. All such appointments, and all votes given for any person so elected for any such office or appointment, shall be void. No mem- ber of the Legislature shall be interested, directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the time for which he is elected, nor for one year there- after. • Amendment adopted.by the Legislature of 1859, and approved by the people in 1860, by a vote of S3,152 for, to 18,266 a^inet. The part in brackets was Inserted in place of^the following : " for the flrnt sixty days of the session of the year 1851, and for the first forty days of every sabsecLuent suasion, and notning^ thereafter." Constitution of Micbigan, 1850. 673 § 19. Every bill and joint resolution shall be read three times in each House, before the final passage thereof. No bill or joint resolu- tion shall become a law without 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. § 20. ISTo laws shall embrace more than one object, which shall be expressed in its title. 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 Legislatui-e shall otherwise direct, by a two-thirds vote of the members elected to each House. § 31. The Legislature shall not grant nor authorize extra compensa- tion to any public officer, agent or contractor, after the semce has been rendered or thg contract entered into. § 23. The Legislature shall provide by law that the furnishing of fuel and stationery for the use of the State, the printing and binding the laws and journals, all blanks, paper and printing for the Execu- tive Department, and all other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory 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 a^ter 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 contract. No member of the Legislature, nor officer of the State, shall be interested directly or indirectly in any such contract. § 33. 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 Commmissioners of High- ways, or any street in any city or village, or in any recorded town plat. § 34. The Legislature may authorize the employment of a Chap- lain for the State prison ; but no money shall be appropriated foi the payment of any religious services in either House of the Legis- lature. § 35. No law shall be revised, 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; § 36. Divorces shall not be granted by the Legislature. § 27.' The Legislature shall not authorize any lottery, nor permit the sale of lottery tickets. 85 674 Constitution of Migbiqanj 1850. [38.' No new bill shall be introduced into either House of the Legislature after the first fifty days of a session shall have expired.] § 29. In case of a contested election, the person only shall receire from the State per diem compensation and mileage, who is declared to be entitled to a seat by the House in which the content takes place. § 30. No collector, holder, nor disburser of public moneys, shall have a seat in the Legislature, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable. § 31. The Legislature shall not audit nor allow any private claim or account. § 33. The Legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.' [§ 33.° The Legislature shall meet at the seat of government on the first Wednesday in January, in the year one thousand eight hundred and sixty-one, and on the first Wednesday in January in every second year thereafter and at no other place or time, unless as provided in in the Constitution of this State, and shall adjourn without day at such time as the Legislature shall fix by concurrent resolution.] § 34. The election of Senators and Eepresentatives pursuant to the provisions of this Constitution, shall be held on the Tuesday succeed- ing the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Mon- day of November of every second year thereafter. ^ § 35. 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. § 36. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person. § 37. The Legislature may declare the cases in which any oflBce shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this Constitution. § 38. The Legislature may confer upon organized townships, incor- porated cities and villages, and upon the Board of Supervisors of the , 1 Amendment adopted ty the Legislature of 1859, and approved by the people at a general elec- tion in 1860, by a vote of 58,152 to 18,846. The section ori^nally read as follows : % 28. No new hill shall he introduced into either House during the last three days of the session, without the unanimous consent of the House in which it originates. 2 Amendment adopted at the same time, and by the same vote as section 28. It originally read as follows : ' The Legislature shall meet at the seat of government on the first Wednesday in February place or t next, and on the first Wednesday in January of every second year thereafter' and atnoother -' T time, unless as provided in this Constitution." CoNSTirUTTON OF MICHIGAN, 1850. 675 several counties, such powers of a local, legislative and administrative character as they may deem proper. § 39. The Legislature shall pass no law tp prevent any person from worshiping Almighty God according to the dictates of his own con- science, or to compel any person to attend, erect, or support any place of religious worship, or to pay tithes, taxes, or other rates for the sup- port of any minister of the Gospel or teacher of religion. § 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary, nor shall property belonging to the State be appropriated for any such purposes. § 41. 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 concerning matters of religion. § 43. No law shall ever be passed to restrain or abridge the liberty of speech or of the press ; but every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of such right. § 43. The Legislature shall pass no bill of attainder, ex post facto law, or law impairing the obligation of contracts. § 44. The privilege of the writ of habeas corpus remains, and shall not be suspended by the Legislature, except in case of rebellion or invasion the public safety to require it. § 45. The assent of two-thirds of the members elected to each House of the Legislature shall be requisite to every bill appropriating the public money or property for local or private purposes. § 46. The Legislature may authorize a trial by a jury of a less num- ber than twelve men. § 47. The Legislature shall not pass any act authorizing the grant ' of license for the sale of ardent spirits or other intoxicating liquors. § 48. The style of the laws shall be, "The People of the State of Michigan enact." AETICLE V. EXECUTIVE DEPAETMEKT. Section" 1. The Executive power is vested in a Governor, who shall hold his oflBce for two years. A Lieutenant-Governor shall be chosen for the same term. § 3. No person shall be eligible to the office of Governor or Lieu. tenant-Governor who has not been five years a citizen of the United States, and a resident of this State two years next preceding his elec- tion ; nor shall any person be eligible to either office who has not attained the age of thirty years. 676 Constitution of Michigan, 1860. § 3. The GoTernor and Lieutenant-Governor slialj be elected at the times and places of choosing the members of the Legislature. The person having the highest number of votes for Governor or Lieuten- ant-Governor shall be elected. In case two or more persons^ shall have an equal and the highest number of votes for Governor or Lieu- tenant-Governor, the Legislature shall, by joint vote, choose one of such persons. § 4. The Governor shall be Commander-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. § 0. He shall transact all necessary business with ofl&cers of govern- ment, and may require information, in writing, from the officers of the Executive Department, upon any subject relating to the duties of their respective offices. § 6. He shall take care that the laws be faithfully executed. § 7. He may convene the Legislature on extraordinary occasions. § 8. He shall give to the Legislature, and at the close of his official term to the next Legislature, information by message of the condition of the State, and recommend such measures to them as he shall deem expedient. § 9. He may convene the Legislature at some other place when the seat of government becomes dangerous from disease or a common enemy. § 10. He shall issue writs of election to fill vacancies as occur in the Senate or House of Eepresentatives. § 11. He may grant ^ reprieves, commutations, and pardons after convictions, 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 regulations provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he' may suspend the execution of the sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature at each session information of each case of reprieve, commutation, or pardon granted, and the reasons therefor, i § 13. In case of- the inipeachment 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 When the Governor shall be out of the State in time of war, at the head of a military force thereof, he shall continue Commander-in- Chief of all the military force of the State. Constitution of Michigan, 1850. 677 § 13. During a.Tacancy in the office of Governor, if the Lieutenant- Governor die, resign, be impeached, displaced, be incapable of per- forming the duties of his oflBce, or absent from the State, the President, pro tempore, of the Senate shall act as Governor until the vacancy be filled or the disability cease. § 14. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate. In committee of the whole he may debate all questions ; and when there is an equal division, he shall give the casting vote. § 15. No member of Congress, nor any person holding office under the United States, or this State, shall execute the office of Governor. § 16. No person elected Governor or Lieutenant-Governor, 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. § 17. The Lieutenant [Governor] and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensation as the Governor. § 18. 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. § 19. All commissions issued to persons holding office under the pro- visions of this Constitution, shall be in the name and by the authority of the people of the State of Michigan, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State. AETICLE VL JUDICIAL DEPAETMENT. Sectioit 1. The Judicial power is vested in one Supreme Court, in Circuit Courts, in Probate Courts, and in Justices of the Peace. Municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities. § 2. For the term 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 iinal decision. After six years the Legislature may provide by law for the organization of a Supreme Court, with the jurisdiction and powers prescribed in this Constitution, 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 Legislature for eight years thereafter. The Judges thereof shall 678 Constitution of Michigan, 1850. be so classified that but one of them shall go out of oflSce at the same time. Their term of office shall be eight years. § 3. The Supreme Court shall have a general superintending control over all inferior courts, and shall have power to issue vrrits of error, habeas corpus, mandamus, quo warranto, precedendo, and other original and remedial writs, and to hear and determine the same. In aU other cases it shall have appellate jurisdictj^n only. § 4. Four terms of the Supreme Court shall be held annually, at- such times and places as may be designated by law. § 5. The Supreme Court shall, by general rules, establish, modify, and amend the practice in such court and in the Circuit Courts, and simplify the same. The Legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of Master in Chancery is prohibited. § 6. The State shall be divided into eight judicial circuits ; in each of which the electors thereof shall elect one Circuit Judge, who shall hold his office for the term of six years, and until his successor is elected and qualified. § 7. The Legislature may alter the limits of circuits, or increase the number of the same. No alteration 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 provided in this Constitution for .Judges of the Circuit Court. § 8. The Circuit Courts shall have original jurisdiction in all mat- ters civil and criminal, not excepted in this Constitution, and not pro- hibited by law; and appellate 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, mandamus, injunctions, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions. § 9. Bach of the Judges of the Circuit Courts shall receive a salary payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such Judge for any office other than judicial, given either by the Legislature or the peo- ple, shall be void. § 10. 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 signature. Constitution oi Michioan, 1850. 679 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 Tacancies 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 appoint- ment to public office. § 11. 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. § 12. The Clerk of each county organized for judicial purposes shall be the Clerk of the Circuit Court of such county, and of the Supreme Court, when held within the same. § 13. In each of the counties organized for judicial pui-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 qualified. The jurisdiction, powers and duties of such court shall be prescribed by law. § 14. When a vacancy occurs in the office of Judge of the Supreme Circuit or Probate Court, it shall be filled by appointment of the Gov- ernor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. § 15. The Supreme Court, the Circuit and Probate Courts of each county, shall be courts of record, and shall each have a common seal. § 16. The Legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a Judge of the Circuit Court at chambers. § 17. There shall be not exceeding four Justices of the Peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any town- ship, they shall be classified as shall be prescribed by laiw. 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 jus- tices in cities. § 18. In civil cases, Justices of the Peace shall have exclusive juris- diction to the amount of one hundred dollars, and concurrent juris- diction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions QjSO Constitution of Michigan, 1850. as may be provided by law. They shall also hare such criminal juris- diction, and perform such duties as shall be prescribed by the Legis- lature. § 19. Judges of the Supreme Court, Circuit Judges, aiid Justices of the Peace, shall be conservators of the peace within their respect- ive jurisdictions. §, 20. The first election of Judges of the Circuit Courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided. § 31. The first election of Judges of the Probate Court shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year there- after. § 22. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a Justice of the Peace from the township in which he was elected, or by a change in the bound- aries of such township shall be placed without the same, they shall be deemed to have vacated their respective oflBces. § 23.' The Legislature may establish Courts of Conciliation, with such powers and duties as shall be prescribed by law. § 34. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice. § 25. 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. § 36, The person, houses, papers, and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place, or to seize any person or things, shall issue with- out describing them, nor without probable cause, supported by oath or affirmation. § 37. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties, in such manner as shall be prescribed by law. § 28. In every criminal ^prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of tlie accusation ; to be confronted with the Constitution of Michigan, 1860. 681 witnesses against him; to have compulsory process for obtaining witnesses in his fayor, and have the assistance of counsel for his defense. § 39, N"o person, after acquittal upon the merits, shall be tried for the same offense ; all persons shall, before conviction, be bailable by sufiBcient sureties,, except for murder and treason, when the proof is evident or the presumption great. § 30. Treason against the State shall consist only in levying war against [it,j or in adhering to its enemies,- giving them aid and com- fort. No person shall be convicted of treason unless upon the testi- mony of two witnesses to the same overt act, or on confession in open court. § 31. Excessive bail shall not be required ; excessive fines shall not be imposed ; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained. § 33. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. § 33. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public oflBcers or in any professional employment. No person shall be imprisoned for a militia fine in time of peace. § 34 No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. § 35. The style of all process shall be, " In the name of the People of the State of Michigan." AETICLE VII. ELECTIONS. Section 1. In all elections, every ' male citizen, every ' male inhab- itant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five; every '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 pre- ceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid ; and every civilized male inhabitant of Indian descent, a native of the United States and not' a member of any tribe, shall be an elector and entitled to vote ; ' The word "white"" stricken out at this place, by an amendment propoeed April 5, 1889, and ratified at the general election in November, ISTO, by a vote of S4,105/or, to S0,398 against. 86 682 Constitution of Miohi&an, 1850. but no citizen or inhabitant shall be an elector, or entitled to Tot« at any election, unless he shall be above the age of twenty-one years* and has resided in this State three months, and in the township or ward in which he oflfers to rote, ten days next preceding such election ; \^ Provided, That in time of war, insurrection or rebellion, no qualified elector, in the actual military service of the United States, or of this State, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward or State, in which he, resides; and the Legislature shall have the power, and shall provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and return of their votes to the township or ward election district, in which they respectively reside or otherwise.] § 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen. § 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same. § 4. 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. § 5. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States, or of this State ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison. § 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. § 7. No soldier, seaman nor marine, in the army or navy cf the United States, shall be ^eemed a resident of this State in consequence of being stationed in any military or naval place within the same. § 8. 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. ARTICLE VIII. STATE OFEIOEES. Section' 1. There shall be elected at each general biennial election a Secretary of State, a Superintendent of Public Instruction, a State 1 Amendment proposed by the Legislature of 1865, and approved by the people st the general election in November, 1866, by a vote of -86,354/0)-, to 13,09rson, association or corporation. § 7. No scrip, certificate or other evidence of State indebtedness shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this Constitution. § 8. The State shall not subscribe to, or be interested in, the stock of any company, association or corporation. § 9. 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 expenditure of grants to the State of land or other property. § 10. The State may continue to collect all specific taxes accruing to the treasury under existing laws. The Legislature may provide for the collection of specific taxes, from banking, railroad, plank-road, and other corporations hereafter created. § 11. 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. § 13. All assessments hereafter authorized shall be on property at its cash value. 87 690 Constitution of Michigan, 1860. § 13. The Legislature shall proricle for an equalization by a State board, in the year one thousand eight hundred and fifty-one, and every fifth year thereafter, of assessments on all taxable property, except that paying specific taxes. § 14. 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. AKTICLE XV. COEPjOEATIOKS. Sectiok 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All laws passed pursuant to this section may be amended, altered, or repealed ; ['but the Legislature may, by a vote of two-thirds of the members elected to each House create a single bank with branches.] § 2. No ['general] banking law shall have efiect 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. § 3. The officers and stockholders of every corporation or associa- tion for banking purposes, issuing bank notes or paper credits to cir- culate as money, shall be individually liable for all debts contracted during the time of their being officers or stockholders of such cor- poration or association, ['equally and ratably to the extent of their respective shares of stock in any such corporation or association.] § 4. [*Por all banks organized under general laws,] the Legislature shall provide for the registry of all bills or notes issued or put in cir- culation 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 deposited with the State TreA,surer, for the redemption of such bills or notes in specie. § 5. In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment over all other creditors of such bank or association. 1 Amendment adopted by the Legislature of 1861, and approved by tbe people in 1863 at a gen- eral election, by the addition of the part embraced within the brackets. Vote/or, 5,067 j against, 1,644. e people at a general elec- purposes, or amendments 8 Amendm^t adopted by the Legislature in 1859, and approved by the people in 1860, at a gen- eral election, by the addition of the part embraced vrithln the brackets. Vote Jbr, 59,954 ; agamst, 15,477. * Adoption and vote, as in sections 1 and 2. The section originally read : " The Legislature shall provide by law for the registry of all bills," etc. Constitution of Michigan, 1860. 691 § 6. The Legislature shall pass no law authorizing or sanctioning the suspension of specie payments by any person, association or cor- poration. § 7. The stockholders of all corporations and joint-stock associa- tions shall be individually liable for all labor performed for such cor- poration or association. § 8. The Legislature shall pass no law altering or amending any act of incoi-poration 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. § 9. 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. § 10. No corporation, except for municipal puj:poses, or for the don- struction of railroads, plank-roads, and canals, shall be created for a longer time than thirty years. § 11. The term "corporations," as used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corpora- tions not possessed by individuals or partnerships. All corporations shall have the right to sue, and be subject to be sued, in all courts, in like cases as natural persons. § 12. 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 fran- chises. § 13. 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. § 14. Judicial officers of cities and villages shall be elected, and all other ofiScers shall be elected or appointed, at such time and in such manner as the Legislature may direct. § 15. Private property shall not be taken for public improvements in cities and villages without the consent of the owner, linless the compensation" therefor shall first be determined by a jury of free- holders, and actually paid or secured in the manner provided by law. § 16. 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. t)92 Constitution of Micsigan, 1850. ARTICLE XVI. EXEMPTIOKS. Sectiok 1. 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 fire hundred dollars from sale on execution, or other final process of any court, issued for the col- lection of any debt contracted after the adoption of this Constitution. § 3. Every homestead of not exceeding forty acres of land, and the dwelling-house thereon, and the appurtenances 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 mort- gage, or other alienation of such land, by the owner thereof, if a mar- ried man, shall not be valid without the signature of the wife to the same. § 3. 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 Constitution, in all cases, during the minority of his children. § 4. 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. § 5. 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 husband; and may be devised of bequeathed by her as if she were unmarried. ARTICLE XVII. MILITIA. Sbctiok 1. The militia shall be composed of all able-bodied male* citizens between the ages of eighteen and forty-five years, except such 1 The word "white," before this word was stricken oat by an amendment proposed April 5. 1869, and ratified at tlie general election in Novemberj 1870, by a vote of 54,105/or, to 50,398 against. CONSTITOTIONjOF MICHIGAN, 1850. 693 as are exempted by the laws of the United States or of this State ; 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. § 2. The Legislature shall provide by law for organizing, equipping, and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States. § 3. Officers of the militia shall be elected or appointed, and be commissioned, in such manner as may be provided by law. ARTICLE XVIII. , MISCELLANEOUS PEOVISIONS. Sectioit 1. Members of the Legislature, and all officers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of this State, 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 or public trust. § %. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensa- tion to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a Court of Eecord, as shall be prescribed by law. \^Provided, the foregoing provisions shall in no case be construed to apply to the action of commissioners of the highways in the official discharge of their duties as highway commissioners.] § 3. 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. § 4. No navigable stream in this State shall be either bridged or dammed without authority from the Board of Supervisors of the proper county, under the 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 improvement of the navigation of such stream. 1 Amendment adopted by the Legislature of 18B9, and approved by the people, In 1868j.. at a general election. Vote for, 62,963 ; against^ 8,054. The part in brackets was added at thistime. 694 Constitution of Micbioan, 1850. § 5. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws, at every regular session of the Legislature. § 6. The laws, public records, and the written judicial and legis- lative proceedings of the State, shall be conducted, promulgated, and preserved in the English language. § 7. Every person has a right to "bear arms for the defense of him- self and the State. § 8. The military shall, in all cases and at all times, be in strict subordination to the civil power. § 9. No soldier shall, in time of peace, be quartered in any house "without the consent of the owner or occupant, nor, in time of war, except in a manner prescribed by law. § 10. The people have a right peaceably to assemble together to consult for the common good, to instruct their Eepresentatives, and to petition the Legislature for redress of grievances. § 11. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. § 13. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid. § 13. Aliens who are, or who may hereafter become, ionafide resi- dents of this State, shall enjoy the same rights in respect to the pos- session, enjoyment, and inheritance of property, as native born citizens. § 14. The property of no person shall be taken for public use with- out 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 open- ing 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. § 15. 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 appointed by the Governor 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. Constitution of Micbioan, 1860. 695 ARTICLE XIX. UPPER PBNIlirSULA. Section 1. The counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon, and the islands and territory thereunto attached, the islands of Lake Superior, Huron and Michi- gan, and in Green Bay, and the Straits of Mackinac and the Eiver Ste. Marie, shall constitute a separate judicial district, and be enti- tled to a District Judge and District Attorney. § 2. The District Judge shall be elected by the electors of such dis- trict, and shall perform the same duties and possess the same powers as a Circuit Judge in his circuit, and shall hold his office for the same period. § 3. The District Attorney shall be elected erery two years by the electors of the district, and shall perform the duties of Prosecutii^g Attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law. § 4. Such judicial districts shall be entitled at all times to at least one Senator, and until entitled to more by its population, it shall have three members of the House of Eepresentatives, to be apportioned among the several counties by the Legislature. § 5. The Legislature may provide for the payment of the District Judge a salary not exceeding one thousand dollars a year, and of the District Attorney not exceeding seven hundred dollars a year, and may allow extra compensation to the members of the Legislature from such territory, not exceeding two dollars a day during any session. § 6. The elections for all district or county officers. State Senator or Representatives, within the boundaries defined in this article, shall take place on the ['Wednesday succeeding the first Monday of Novem- ber, in the respective years in which they maybe required; the county canvass shall be held on the first Monday thereof, and the district canvass on the third Monday of the said I^ovember.] § 7. One-half of the taxes received into the Treasury for mining corporations in the Upper Peninsula, paying an annual State tax of one per cent, shall be paid to the Treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The Legislature shall have power, after the year 1 Amendment adopted by tbe Legislature of 1861, and approved in 1862 by tbe people at a gen- eral election— vote for, 5,193: agalntt, 1,440; the latter part of the section originally read: " Shall takeplace on the last Tuesday in September in the respective years in which they may be required. The county canvass shall be held on tbe first Monday in October thereafter, and the district canvass on the last Tuesday of said October." 1596 Constitution of Michigan, 1850. one thousand eight hundred and fifty-five, to reduce the amount to be refunded. § 8. The Legislature may change the location of the State Prison from Jackson to the Upper Peninsula. § 9. The charters of the several mining corporations may be modi- fied by the Legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shall hold ; but the capital shall not he increased, nor the time for the existence of charters extended. No such corporation shall be per- mitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises. ARTICLE XIX— (A.') KAILBOADS. Seotiok 1. The Legislature may, from time to time, pass laws establishing reasonable maximum rates of charges for the transpor- tation of passengers and freight on different railroads in this State ; and shall prohibit running contracts between such railroad companies, whereby discrimination is made in favor of either of such companies as against other companies owning, connecting, or intersecting lines of railroads. § 3. No railroad corporation shall consolidate its stock, property, or franchises, with any other railroad corporation owning a parallel or competing road j and in no case shall any consolidation take place, •except upon public notice given of at least sixty days to all stockhold- ers, in such manner as shall be provided by law. ARTICLE XX. AMENDMENT AND BBVISION 01' THE COifSTlTUTIOK. SECTioif 1. Any amendment or amendments to this Constitution 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 1 This article was proposed As an amendment, by joint resolution of the Legislature, on the 10th tif August^ 1S70, and ratmefl by the people at a general election, held on the 8th of November, 1870, by a vote of 78,608 for, to 61,397 against, the first section, and of 7H,912 for to 51,198 • Secretaries. Chaeles Hascall, ) MINNESOTA. The area included within the present State of Minnesota was mostly embraced within the great Louisiana purchase of April 30, 1803. The eastern portion was a part of the "Territory of the United States northwest of the Ohio river," established in 1787. On the formation of Indiana Territory, in 1800, this part came within that Territory, and. In 1809, It was included in Illinois Terrltoiy. The Louisiana part was Included in the " District of Louisiana," March 26, 1804, and in the " Territory of Louisiana," March 3, 1805. On the 4th of June, 1812, the latter name was changed to the " Territory of Missouri," and thus remained until the admission of Missouri as a State, in 1821, when the remainder of Mis- souri Territory was left, for some years, without special provision for its govern- ment. In 1818 the northern part of Illinois Territory was annexed to Mlchigaii Territory, and, on the 28th of June, 1834, the region between the Mississippi river on the east, and the Missouri and White Earth rivers on the west, was also attached to Michigan Territory. On the 28th of April, 1836, Wisconsin Territory was formed, including all of the Territory of Michigan, west of Lake Michigan, excepting the "Upper Peninsula." The Territory of Iowa was formed from the Territory of Wisconsin, June 12, 1838, the dividing line being the Mississippi river, and a line running due north from its source to the national boundary. The State of Iowa was admitted into the Union, December 28, 1846, including all of the former Territory of Iowa, south of 43° 30' N. lat., between the Missis- sippi river on the east, and the Missouri and Big Sioux rivers on the west. The remainder of the Territory was left nearly a year without special organ- ization. On the 29th of May, 1848, the State of Wisconsin was admitted into the Union, and its northwestern boundary, as defined by the enabling act of Congress, August 6, 1846, was fixed, and described as " running from the mouth of the St. Louis river up the main channel to the first rapids in the same, above the Indian village, according to Nicollet's map ; thence due south to the main branch of the river St. Croix, and thence down the same to the Mississippi." Provision was made for the survey of this line Sept. 30, 1850. The Territory of Minnesota was formed March 3, 1849, bounded easterly by Lake Superior and the States of Wisconsin and Iowa, and on the west by the Missouri and White-Earth rivers. After continuing several years under a territorial government, various projects began to be discussed for the division of the Territory, and the formation of a State. Influenced by local considerations, and an ambition to secnre the loca- tion of a seat of government favorable to their interests, some proposed its divis- ion by an east and west line, in which event St. Peter would probably have been the seat of the new State government. If a north and south line were adopted, there was less probability that it would be removed from Saint, Paul, where it had been located by the organic law of Congress, and continued by the Territorial Legislature. In the winter of 1856-7, a bill was introduced in Congress, and on the 26th of February, 1857, passed and approved, for the division of the Territory by a line commencing on the national boundary, and following southward up the main 706 Minnesota. channel of the Red River of-the North, and Boix des Sioux river, to the south- ern point of Lake Travers, thence to the head of the Big Stone lake, and through its center to its outlet, and from thence due south to the line of Iowa. The inhabitants of the territory east of this line were authorized to form a State government, and, upon the acceptance of certain conditions, were to be admitted into the Union with all the powers and privileges of a State. The Territorial Legislature had not asked for admission upon such a condition, nor indeed upon any other; and this action of Congress gave great offense to many, including a majority of the Territorial Legislature, who decided to adopt the three following measures to secure their fevorite object, of a division by an east and west line, running from the Mississippi to the Missouri rivers, whenever the Territory should be divided, viz. : 1st. To memorialize Congress against the line of the Red River of the North, and asking to be permitted to define tiieir own boundaries ; 2d. Tlie removal of the Capitol to a more westerly point; and, 3d. The passage of an apportionment bill for the election of Delegates to the Constitutional Convention, based upon a new census of the Territory, in order that the actual population might be truly represented in that body. In pursuance of this plan, an act was passed by both Houses for the removal of the seat of government to St. Peter. The bill was enrolled and passed in the hands of the chairman of the Committee on Engrossed Bills, in the Legislative Council, who, being violently opposed to its passage, neglected or refused to report it. Near the end of the session, the member next on the committee was instructed to procure a copy of the bill (which its friends had secured), upon whicli the chairman, having the original bill in his possession, disappeared. A call of the Council was ordered, which continued five days and nights, but neither the missing member nor the original bill could be found. At length a copy of the bill, certified by the clerks of both Houses, was laid before the pre- siding officer of the Legislative Council, but he refused to sign it, and, instead of doing so, wrote on the back thereof a variety of objections, which the friends of the Dill regarded as frivolous and false. ' These efforts to oppose the division line prescribed in the enabling act by Congress failed, although efforts wei-e made in Convention to submit the ques- tion of the parallel of 45° 30' north latitude from the Mississippi to the Missouri rivers, for the people to decide at an election. As for the removal of the seat of government, it remained for some time uncertain whether the act of the Terri- torial Legislature, passed without the signature of the President of the Council, was valid or not; but this doubt was solved by the Constitution itself, soon afterward adopted, which fixed the location at Saint Paul, but subject to the future action of the State Legislature and of the people. An election of Delegates was to be held on the first Monday of June, 1857, and the Delegates so elected were authorized to assemble at the Capitol of said Terri- tory on the second Monday in July, and first determine by a vote, whether it was the wish of the people of the proposed State to be admitted into the Union at that time ; and, if so, to proceed to form a State government, in conformity with the Federal Constitution, subject to the approval and ratification of the people of the proposed State. The number of Delegates to this Convention was to be twice that oi the Representatives in the Territorial Legislature, which the people of Minnesota construed to mean twice the number of members in both Houses. Upon this construction, one hundred and eight Delegates were elected upon the basis of apportionment then existing, the census ordered by the enabling act not being taken until after the Convention had been elected, and Minnesota. 707 had decided upon the expediency of forming a State government at that time. This election was held, and as the time of meeting approached, the Delegates assembled at Saint Paul. No hour had been fixed for meeting, and late on Sunday evening, a little before midnight, as the appointed day was to begin, the Republican Delegates, fearing that the Democrats might anticipate them, and elect the officers of the Convention, proceeded to the Capitol. But a few moments before twelve o'clock a. m., on Monday the 13th of July, the Secretary of the Territory appeared at the Speaker's seat, and began to call the body to order. At the same time, a Delegate (T. W. North), who had in his possession a written request from a majoriiy of the Delegates present, proceeded to do the same. The Secretary put a motion to adjourn, and the Democratic Delegates present, voting in the affirmative, left the hall. The BepubUcans, believing themselves a majority, remained, and in due time organized, and proceeded to business. The Democratic portion, having adjourned to meet at the Hall of Representatives, on the next day at noon, were met at the door by the Secretary of the Territory (also a Delegate), who announced that their place for meeting was " now occu- pied by a meeting of the citizens of the Territory, who refuse to give possession to the Constitutional Convention." Upon this they adjourned to the Council Chamber, and proceeded to complete their organization. The two bodies, each claiming to be the true Convention, continued their separate sessions, and proceeded to form a Constitution. The proceedings throughout were quiet, orderly and decorous, and, from the peculiar circum- stances of the case, there was much greater harmony in the discussions of each body than is usual in such assemblies. The number of Delegates who sat in the Republican branch of the Conven- tion was 58, and that in the Democratic, 55. As the total number allowed was but 108, it appears that five contested seats were held by both claimants in one or the other body. The dispute upon the right of certain delegates to seats, is alleged, in a subsequent communication to Congress,' as a principal cause of tlie separation. On the 10th of August, the twenty-fifth day of their session, the following resolution was unanimously adopted by the Republican branch of the Conven- tion: " Whereas, The persons who were elected by the people of this Territory to represent them in a Constitutional Convention, having met at this Capitol on the day appointed by law for such meeting, and having disagreed upon some questions which arose in the course of forming a temporary organization, separated and formed two distinct Conventions, in numbers nearly equal, and are now forming two separate and distinct Constitutions to be presented to the people ; and, " WherecLS, Proceedings so extraordinary in their character will have a ten- dency to injure the reputation of our people — to lessen the confidence of the other States in our integrity, stability and patriotism, and place us in a false position before the world ; therefore, " Resolved, That a committee of five be appointed by the President of this Convention to confer with a committee of an equal number, if appointed, of the duly elected members of that portion of them who are acting separately from us ; and that it shall be the duty of such committee to consider and agree upon, if practicable, and report some plan by which the two bodies can unite upon a single Constitution to be submitted to the people." 1 Senate Beports, let sees., 35th Congress ; vol. 1, No. 21. 708 Minnesota. Messrs. Galbraith, McClure, Stannard, Aldrich and Wilson were appointed on this conference committee by the Republican branch, and, on the 18th, Messrs. Gorman, Brown, Solaymbe, Sherburne and Kingsbury by the Democratic. This committee succeeded in arranging upon measures of compromise, and, on the 29th of August, agreed upon the same Constitution, in duplicate, which was reported to the two Conventions still in separate session. The copy reported to the Republican branch was adopted on the 28th, and signed on the 29th of August. That reported to the Democratic branch was adopted on the 29th, and signed the same day. The sessions remained separate till the efld, and each party published the Constitution separately, with the names of its own officers and Delegates only. Their debates and proceedings were also published in separate volumes ; that of the Democratic branch being an octavo of 685, and that of the Republican, 624 pages. This Constitution, so remarkably formed, was submitted to the people at an election held on the 13th of October, 1857, and ratified wilh a unanimity unpre- cedented in the history of American Constitutions. By the "Canvassers' Return," made up by the Board of Canvassers, designated in the schedule, from the returns of the Register (who, in several instances, failed to return the votes for and against the Constitution), the result gave 30,055 for, to 571 against, adoptidn. By the •"Precinct Returns," which included the whole vote of the State, as returned to the Secretary's office, so far as these were received (and where these felled to show the full vote, the Register's canvass was taken), the 1-esult was 36,240 for, to 700 against, adoption. Both parties had made their nominations, for State and county officers, before this time, and the first election was held on the same day that the Constitution was ratified. The Legislature, thus chosen, met and organized on the 2d of December, 1857. The census ordered In the enabling act, and dated September 21, 1857, gave the total population of the State, at that time, as 150,092. The State was admit- ted into the Union by an act of Congress, approved May 11, 1858, and entitled to two Representatives until the next apportionment of representation among the States. The laws of the United States were extended over the new State, and a District Court was established within the same. CONSTITUTION OF MINNESOTA, 1857-58. SUMMAEY. ASTICI^BS. I. Bill of RiglitB. n. Oa Name and Boundaries. in. Bigtribatloii of tUe Powers of Govern- ment. IV. Legislative Department, v. Executive Department "VT. Judiciary. Vn. Elective PrancMse. "VIII. School Funds — Education and Science. IX. Finances of the State and Banks and Banking. X. Of Corporations having no Banking Privileges. XI. Counties and Townships. XII. Of the Militia. Xn i. Impeachment and Hemoval from Office. XIV". Miscellaneous Subjects. Schedule. PREAMBLE. ARTICLE 1.— Bill of Rights. Sections. 1. Object of government — origin of political power — right to change government. 2. No disfranchisement or depnval of rights but by law — slavery forbidden. 3. Freedom of the press. 4. Right of trial by jury— may be waived by the parties. 5. Excessive bail or fines — cruel punishments, 6. Rights of persons accused of crime — wit- nesses — counseL 7. Trial by indictment — exceptions — second trial forbidden — witness against one's self — right , of bail — writ of hc^as corpus. 8- Right of justice. 9. Treason defined — how proved. 10. Exemption from unlawful seizures and searches. 11. Attainder — ex post facto laws' — contracts — corruption of blood — forfeitures, 12. Imprisonment for debt restricted — ex- emption from sale for debt. 13. Private property— when taken for public use. 14. Military subordinate to civil power. 15. Lands allodial — feudal tenures prohibited — leases limited. 16. Rights not enumerated to remain — religious freedom — money not to be granted for religious societies, etc. 17. Religious tests not required — no one to be incompetent as a witness on account of his religious opinion. ARTICLE n, — On Name and Boundaries. 1. Name of Stat« — boundaries described. ' 2. Concurrent jurisdiction on Mississippi and other rivers on the border, 3. Propositions in act of Congress accepted. ARTICLE "01.— Distribution of the Powers of Government. i. Divided into three departments — no person of one to exercise the powers of another. ARTICLE IV. — Legislative Department Sections. I.Power, how vested — place of meeting — time to be fixed by law. 2. Number of members in two Houses limited — apportionment based upon popula- tion — Indians not taxed to be excluded. 3. Powers of each House — quorum^ power of minority to compel attendance. 4. Rules of proceeding — punishment of mem- bers — expulsion, 6. Presiding officer- other officers — journals — yeas and nays, when recorded. 6. Adjournments. 7. Pay of Senators and Representatives. 8. Privilege of members — freedom of legisla- tive debate. 9. Members not to hold office under United States — not to hold certain State offices. 10. Bills for revenue to originate in House — may be amended in Senate. 11. Bills to be signed by Governor — veto power limited — two- thirds of each House may pass bills over veto — final passage — yeas and nays — bills to be filed with Secretary of State. 12. No money to be approjiriated but by bill — orders, etc., requiring concurrence of both Houses- to be signed by Governor. 13. Style of laws — must be passed by majority — vote to be entered on journals. 14. House to have power of impeachment — to be tried by Senate — oath — vote on — convictions. 15. Laws may exclude from voting on account of bribery, perjury, or other crime. 16. Right of dissent and protest. 17. Election to fill vacancies — contested seats. 18. Power over persons not members. 19. Doors to be open. 20. Bills to be read on three different days. 21. Enrollment and signature of bills — penalty for refusing to sign bills. 22. No bills to be passed on day prescribed for adjournment — not to preclude certain other proceedings. 23. Census to be taken in 1865, and once in ten years after — re-apportionment. 2^1. Senators to be chosen by single districts- how numbered — how classed — terms. 25. Qualifications of members. 26. Election of Senators in Congress. 27. Laws to embrace but one subject- ex- pressed in title. 28. Dvorces not to be granted by Legislature. 29. Oaths of members. 30. Elections by the Le^slature to hevivavoee— to be recorded in journal. 31. Lotteries and sale of lottery tickets forbid- den, ARTICLE V. ~ Msecutive Depavtment. 1. Executive Department, how composed — to be elected. 2. Returns of election, how made. 3. Terms of Governor and Lieutenant-Gover- nor — qualifications. no Constitution of Minnesota, 1851-68. SSCTIONB. 4. Daties of Governor — message — comman- der-in-chief— maj; require opinions from officers — pardoning power — appoint- ing power — veto power — may convene Legislature — to see that the laws are executed — to fill vacancy in office. 5. Term of certain State officers — of Auditor- salary of Governor- of Secretary of State — of other State officers. 6. Lieutenant-Governor to be President of Senate — when to act as Governor- pay- President pro tempore. 1. Terms of Executive officers when to begin- when to end. 8. To talce an oath of allegiance and of office. 9. Laws to be passed to carry this article into effect. ARTICLE yj.—JudUAary. 1. Judicial power, how vested. 3. Supreme Court, how composed — number of justices may be increased — jurisdic- tion-^ terms — reporter — clerk — vacan- cies in office of clerk. 3. Election of Judges of Supreme Court- terms. I 4. Judicial Districts — one Judge in each — qualifications. 5. Jurisdiction of District Courts — exchange of Judges. 6. Judges to be men learned in the law — sal- aries — not to be increased or dimin- ished during term. 7. Probate Courts — Judge — term — to reside in county — clerk — jurisdiction. 8. Justices of the Peace — term — compensa- tion — limit of jurisdiction. 9. Judges other than those provided for in Constitution to be elected — terms not to exceed seven years. 10. Vacancy in office of Judge. 11. Justices to hold no office under TTnited States. 12. Change of Judicial Districts — not to vacate the office of a Judge. 13. Clerks of District Courts. 14. Style of process — ending of indictments. 15. Court Commissioners — powers — jurisdic- tion. ARTICLE ya. — Elective FraruMse. 1. Qualifications of voters. 2. Other persons disqualified — right may be lost by conviction of crime — classes excluded. 3. Besidence not lost by absence in certain cases. 4. SoldierSj etc., not to gain right by being stationed. 5. Privilege of electors. 6. Elections to be by ballot — except some town officers. 7. Voters eligible to any office. ABTICLE Vin. — Schmi Funds — Education and Science. 1. Duty of Legislature to establish schools. 2. School Fund, how composed — proceeds, how distributed. 3. 'A thorough system of schools to be main- tained. 4. Location of University confirmed — rights to be secured. ARTICLE IX. — Finances of the State, and Banks and BanlAng. 1. Taxes to be as nearly equal as may be — all property liable to taxation — Proviso — Legislature may authorize local assess- ■ ments for improvements. Sections. 2. Tax for ordinary expenses of State — no provision to be made for payment on certain bonds until approved by vote of people. 3. Taxation of moneys, credits, stocks, etc. — property exempted. 4. Tax on banks- to be equal to that on indi- viduals. 5. Public debt — limited — how to be repaid — not to be created for internal improve- ments. 6. Debts, when payable — registry of bonds. 7. Cases in which larger debt may be created. 8. Money raised by loans to be applied to specific objects. 9. No money to be paid from treasury but by law. 10. State credit not to be given or loaned — fur- ther issue of Minnesota railroad bonds not allowed. 11. Statement of receipts' and payments, how published. 12. Laws for safe-keeping of school funds. 13. General banking law may be passed — its requirements. ARTICLE 'S..— Of Corporations having no Banking PnvUeges. 1. Term "corporation" defined. 2. Not to be formed under special laws. 3. Stockholders liable to amonnt of stock owned. 4. Lands, when taken by corporations — duty of common carriers. ARTICLE XI. — Counties and Townships. 1. New counties may be formed —limit. 2. Any city may be organized into a separate county when it nas 20,000 inhabitants. 3. Laws for municipal and other town pur- poses -:- when towns may be attached to other towns. 4. Election of county or township officers. 5. May have powers of local taxation. 6. No money to be drawn from county or town- ship treasury but by law. 7. County of Manomin abolished. ARTICLE Xn. -Of the Militia. 1. Duty of Legislature to pass laws for the organization, etc. ARTICLE XIU. — Impeachment and Bemoval from Office. 1. Officers liable to impeachment —limit of judgment — further trial may be had by law. 2. Removal of inferior officers. 3. Officer impeached not to exercise duties of office. 4. On trial of impeachment of Governor the Lieutenant-Governor not to sit. 5. Service of notice of impeachment. ARTICLE XIV. — Amendments to the Coneiitu- tion. 1. How made by Legislature — how ratified. 2. A Convention, how called for revising the Constitution, ABTICLE XV.—Misceaaneous Sulijects. 1. Seat of government at St. Paul — may be changed — in case of removal the capitol buildings to be given for educational purposes. 3. Rights of persons residing on Indian lands. 3. Oath at elections. 4. Seal of the State — when used. 5. Territorial prison to be the State prison. GpNSTITUTION OF MINNESOTA, 1857-58. 711 SCHEDUIE. Sections. 1. Rights, actions, etc., continued. 2. Laws not repugnant to Constitntion to con- tinue. 8. Fines, penalties, etc., to accrue to State. 4. Kecognizances to remain — bonds, etc., to be valid — criminal proceedings to be continued. B. Territorial officers to bold till superseded. 6. First session of State Legislature. 7. ^Election laws continued. 8. President of Convention to deposit copj of Constitution with Secretary of State — to be submitted to a vote. 9. Kepresentatives in Congress. Sections. 10. Present Senatorial and Representative Dl». tricts. 11. Certain counties, how included. 12. Present apportionment. 13. Rerarns of 22d District, hpw made. 14. Judicial Districts formed. 15. One Prosecuting Attorney In each. 16. First election of officers. 17. Persons allowed to vote. 18. Mode of voting on Constitution. 19. Election to be held as provided by law — where held. 20. Duty of Judges and Clerks of Elections, 21. Returns, how made, 22. Case of rejection of Constitntion, PEEAMBLB. We, the people of the State of Minnesota, grateful to God for our ciTil and religious liberty, and desiring to perpetuate its blessings, and secure the same to ourselves and our posterity, do ordain and establish this Constitution. AETICLE I. BILL OF EIGHTS. Sectioit 1. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together with the right to alter, modify, or reform such government, whenever the public good may require it. § 2. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. § 3. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of such right. § 4. 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 man- ner prescribed by law. § 5. Excessive bail shall not be required, nor shall excessive fines be imposed ; nor shall cruel or unusual punishment be inflicted. § 6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the county or district wherein the crime shall have been' committed, which county or district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtain- 712 Constitution of Minnesota, 1857-58. ing witnesses in his favor, and to have the assistance of counsel in his defense. § 7. No person shall be held to answer for a criminal offense nnless 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 person for the same offense shall be put twice in jeopardy of puni^ment, nor shall be compelled in any criminal case to [be] witness against himself, nor be deprived of life, liberty, or property without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great ; and the privileges of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require. § 8. 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 purchase ; completely and without denial ; promptly and without delay ; con- formably to the laws. § 9. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the tes- timony of two witnesses to the same overt act, or on confession in open court. § 10. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. § 11. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate. I 13. No person shall be imprisoned for debt in this State, but this State shall not prevent the Legislature from providing for imprison- ment, 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. §.13. Private property shall not be taken for public use without just compensation therefor, first paid or secured. § 14. The military shall be subordinate to the civil power, and no standing army shall be kept up in this State in time of peace. Constitution of Minnesota, 1867-68. 713 § 15. All the lands within this Sta.te are declared to be allodial, and feudal tenures of every description, with all their incidents, are pro- hibited. Leasss 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 any kind, shall be void. § 16. The enumeration of rights in this Constitution, shall not be construed to deny or impair others retained by and inherent in the people. The right of every man to worship 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 plaice of worship, or to maintain any religious or ecclesiastical 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 estab- lishment or mode of worship ; but the liberty of conscience hereby secured, shall not be so construed as to excuse a,cts of licentiousness, or justify practices inconsistent with the peace or safety of the State, nor shall any money be di-awn from the treasury for the benefit of any religious societies, or religious or theological seminaries, § 17, No religious test or amount of property shall ever be required as a qualification for any oflBce of public trust under the State. No religious test or amount of property shall ever be required as a quali- fication 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. AETIOLE 11, ON- NAME AND BOUNDAKIBS. Section 1, This State shall be called and known by the name of the State of Minnesota, and shall consist of, and have jurisdiction over, the territory embraced in the following boundaries, to wit: Beginning at the point in the center of the main channel of the Eed river of the North, where the boundary line between the United States and the British Provinces crosses the same; thence up the main channel of said river to that of the Bois des Sioux river; thence up the main channel of said river to Lake Traverse; thence up the center of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its center to its outlet ; thence by a due south line to the north line of the State of Iowa ; thence east along the northern boundary of said State to the main channel of the Mississippi river ; thence up the main channel of said river, and following the boundary line of the State of Wis- consin, until the same intersects the St. Louis river; thence down 90 714 Constitution of Minnesota, 1857-58. the said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the TJnited States and British Possessions ; thence up Pigeon river, and following said dividing line to the pla^e of beginning. § 2. The State of Minnesota shall have concurrent jurisdiction on the Mississippi and on all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said State, and any other ^tate or States now or hereafter to be formed by the same ; and said river and waters, and navigable waters leading into the same, shall be the common highways, and for- ever free, as well to the inhabitants of said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor. § 3. The propositions contained in the act of Congress, entitled "An act to authorize the people of the Territory of Minnesota to form a Constitution and State government preparatory to their admission into the Union on an equal footing with the original States," are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States ; and it is hereby ordained that this State shall never interfere with the primary dis- posal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title to said soil to lona fide purchasers thereof; and no tax shall be imposed on land belonging to the United States, and in no case shall non-resident proprietors be taxed higher than residents. AKTICLE III. DISTBIBUTIOK OF THE POWEKS OP GOVERKMBirT. Section- 1. The powers of 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 in the instances expressly provided in this Con- stitution. AETICLE IV. LEGISLATIVE DEPAKTMEKT. Section- 1. The Legislature of the State shall consist of a Senate and House of Eepresentatives, who shall meet at the seat of govern- ment of the State, at such time as shall be prescribed by law. § 2. The number of members who shall compose the Senate and House of Eepresentatives shall be prescribed by law, but the repre- sentation in the Senate shall never exceed one member for every five Constitution of Minnesota, 1857-68. 715 thousand inhabitants, and in the House of EepresentatiTes one mem- ber for every two thousand inhabitants. The representation 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. § 3. Each House shall be a judge of the election returns, and eligibility of its own members ; a majority of each shall constitute a quorum to transact 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 it may provide. § 4. Each House may determine the rules of its proceedings, sit upon its own adjournment, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but no member shall be expelled a second time for the same offense. § 5. The House of Eepresentatives shall elect its presiding officer, and the Senate and House of Eepresentatives shall elect such other officers as may be provided by law ; they shall keep journals of their proceedings, and from time to time publish the same, and the yeas and nays, when taken on any question, shall be entered on such journals. § 6. Neither House shall, during a session of the Legislature, 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 consent of the other House. § 7. The compensation of Senators and Eepresentatives shall be three dollars per diem, during the first session, but may afterward be prescribed by law. But no increase of compensation shall be pre- scribed which shall take effect during the period for which the mem- bers of the existing House of Eepresentatives may have been elected. § 8. The members of each House shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during the session of their respective Houses, and in going to or returning from the same. For any speech or debate in either House they shall not be questioned in any other place. § 9. No Senator or Eepresentative shall, during the time for which he is elected, hold any office under the authority of the United States, or the,State of Minnesota, except that of postmaster; and no Senator or Eepresent&,tive 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 after the expiration of his term of office in the Legislature. § 10. All bills for raising a revenue shall originate in the House of Eepresentatives, but the Senate may propose and concur with amend- ments, as on other bills. 716 Constitution of Minnesota, 1857-58. § 11. Eyery bill which shall haye passed the Senate and House of Eepresentatives, in conformity to the rules of each House, and the joint rules of the two Houses, shall, before it becomes a law, be pre- sented to the Governor of the State. If he approve, he shall sign and deposit it in the office of 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 sh^l be entered at large on the journal of the same, and the House shall proceed to reconsider the bilL If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, 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 shaU be entered on the journal of each House respectively. If any bill shall not be returned by the Grovernor 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 session, the same shall become a law. § 12. No money shall be appropriated except by bill. Every order, resolution or vote requiring the concurrence of the two Houses (except such as relate to the business or adjournment of the same), shall be presented to the Governor for his signature, and before the same shall take effect, shall be approved by him, or being returned by him with his objections, shall be repassed by two-thirds of the mem- bers of the two Houses, according to the rules and limitations pre- scribed in case of a bill. § 13. The style of all laws of this State shall be : " Be it enacted by the Legislature of the State of Minnesota." No law shall be passed unless voted for by a majority of. all the members elected to each branch of the Legislature, and the vote entered upon the jouriial of each House. § 14. -The House of Eepresentatives shall have the sole power of impeachment, through a concurrence of a majority of all the mem- bers elected to seats therein. All impeachments shall be tried by the Senate ;^ and when sitting for that pui"pose, the Senators shall be upon oath or affirmation to do justice according to law and evidence. No Constitution of Minnesota, 1857-58. 717 person shall be convicted without the concurrence of two-thirds of the members present. § 15. The Legislature shall have full power to exclude from the privilege of electing or being elected, any person convicted of bribery, perjury, or any other infamous crime. § 16. Two or more members of either House shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have the reason of their dissent entered on the journal. § 17. The Governor shall issue writs of election to fill such vacant cies as may occur in either House of the Legislature. The Legisla- ture shall prescribe by law the manner in which evidence in cases of contested seats in either House shall be taken. § 18. Each House may punish by imprisonment, during its session, any person, not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence, but no such imprisonment shall at any time exceed twenty-four hours. § 19. Each House shall be open to the public during the sessions thereof, except in such cases as in their opinion may require secrecy. § 20. Every bill shall be read on three different days in each sepa- rate House, unless in case of urgency two-thirds of the House where such bill is depending shall deem it expedient to dispense with this rule, and no bill shall be passed by either House until it shall have been previously read twice at length. § 21. Every bill, having passed both Houses, shall be carefully enrolled, and shall be signed by the presiding officer of each House. Any presiding of&cer refusing to sign a bill which shall have pre- viously 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. § 22. Fo bill shall be passed by either House of the Legislatui-e upon the day prescribed for the adjournment of the two Houses. But this section shall not be so construed as to preclude the enroll- ment of a bill, or the signature and passage from one House to the other, or the reports thereon from committees, or its transmission to the Executive for his signature. 1 This clause compelling a presiding officer, under severe penalties, to sign bills passed by the House over whlcli he presides, owes its origin to the incident mentioned in our historical sketch relative to an attempt to remove the Capitol. It was held by those who favored the introduction of this clause, that if the signature of a presiding officer was indispensable to the validity of an act, then he might, by an arbitrary refusal, defeat the Will of both HonseSj even where their vote had been unanimous, and thus exercise a more absolute control of legislation than the Governor him- self, whose veto power was limited, and might be neutralized by a sufficient vote of both Houses, other members of the Convention opposed its introduction, and insisted that the- sub- ject came within the province of the rules of the Legislature. 718 Constitution of Minnesota, 1867-58. § 23. The Legislature shall provide by law for an enumeration of the inhabitants' of this State in the year one thousand eight hundred and sixty-five, and every tenth year thereafter. At their first session after each enumeration so made, and also at their first session after each enumeration made by the authority of the United States, the Legislature shall have the power to prescribe the bounds of Congres- sional, Senatorial and Kepresentative districts, and to apportion anew the Senators and Eepresentatives amqpg the several districts, accord- ing to the provisions of section second of this article. § 24. The Senators shall also be chosen by single districts of con- venient contiguous territory, at the same time that the members of the House of Eepresentatives are required to be chosen, and in the same manner, and no Representative district shall be divided in the formation of a Senate district. The Senate districts shall be num- bered in regular series, and the Senators chosen by the districts desig- nated by odd numbers phall go out of office at the expiration of the first year, and the Senators chosen by the districts designated by even numbers shall go out of oflSce 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. § 25. Senators and Eepresentatives shall be qualified voters of the State, and shall have resided one year in the State, and six months immediately preceding the election in the district from which they are elected. § 26. Members of the Senate of the United States from this State shall be elected by the tw^o Houses of the Legislature in joint Conven- tion, at such times and in such manner as may be provided by law. § 27. No law shall embrace more than one subject, which shall be expressed in its title. § 28. Divorces shall not be granted by the Legislature. § 29. All members and officers of both branches of the Legislature shall, before entering upon the duties of their respective trusts, take and subscribe an oath or afiirmation to support the Constitution of the United States, the Constitution of the State of Minnesota, and faithfully and impartially to discharge the duties devolving upon him as such member or officer. § 30. In all elections to be made by the Legislature, the members thereof shall vote viva voce, and their votes shall be entered on the journal. § 31. The Legislature shall never authorize any lottery, or the sale of lottery tickets. Constitution of Minnesota, 1857-58. 719 ARTICLE V. EXECUTIVE DEPAETMENT. Section 1. The Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, and Attorney- Ge;aeral, who shall be chosen by the electors of the State. § 2. The returns of every election, for the oflBcers named in the foiregoing section, shall be made to the Secretary 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 Legislature, and the result declared within three days after each House shall be organized. § 3. The term of office for the Governor and Lieutenant-Governor shall be two years, and until their successors are chosen and qualified. Each shall have attained the age of twenty-five years, and shall have been a iona fide resident of the State for one year next pre- ceding his election. Both shall be citizens of the United States. § 4. The Governor shall communicate by message to each session of the Legislature such information touching the State and condition of the country as he may deem expedient. He shall be Commander- in-Chief of the military and naval forces, and may call out such forces to execute the laws, suppress insurrection, and repel invasion. He may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons, aftfer conviction, for offenses against the State, except in cases of impeachment. He shall have power, by and with the advica 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 the State". He shall have a negative upon all laws passed by the Legislature, under such rules and limitations as are in this Constitution prescribed. He may, on extraordinary occasions, convene both Houses of the Legisla- ture. He shall take care that the laws be faithfully executed, 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. § 5. The official term of the Secretary of State, Treasurer, 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 sue- 720 Constitution of Minnesota, 1857-58. cesser shall have been elected and qualified. The Goyernoi-'s salary, for the first term under this Constitution, shall be two thousand five hundred dollars per annum. 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 term, receive iv salary of one thousand dollars per annum. And the further duties :ind salaries of said Executive ofiBcers shall each thereafter be pres- cribed by law. , § 6. The Lieutenant-Governor shall be, ex officio, President of the Senate; and in case a vacancy should occur, fronl any cause whatever, in the office of Governor, he shall be Governor during such vacancy. The compensation of Lieutenant-Governor shall be double the com- pensation of a State Senator. Before the close of each session of the Senate they shall elect a President pro tempore, who shall be Lieuten- ant-Governor in case a vacancy should occur in that office. [§ 7.' 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 continue 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 succes- sors shall have been duly elected and qualified; and the same above-meationed 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 performance of their official duties.] § 8. Bach 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. § 9. Laws shall be passed at the first session of the Legislature after the State is admitted into the Union, to carry out the provisions of this article. ARTICLE VL JUDICIAKT. Section 1. 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 time to time, establish by a two-thirds vote. ' This amendment was adopted April IB, 1858, in place of the following: " The term of each of ' the Execntive oflicerB named in this article shall commence upon taking the oath of office [after the State shall be admitted h3' Conffress into the Union, and continne until the first Monday in January. 18H01, except the Auditor, wlio shall continue in office until. the first Monday in January, 1861. and until their successors shall have been duly elected and qualified." Constitution of Minnesota, 1857-58. 721 § 2. The Supreme Court shall consist of one Chief Justice 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. It 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 there shall be no trial by jury in said court. 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 dis- trict. It shall be the duty of such court to appoint a Keporter 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 oflBce of Clerk of the Supreme Court, until an election can be regularly had. § 3. The Judges of the Supreme Court shall be elected by the electors of the State at large, and their term of ofSce shall be seven years, and until their successors are elected and qualified. ' § 4. The State shall be divided by the Legislature into six judicial districts, which shall be composed of contiguous territory, be bounded by county lines, .and contain a population as nearly equal as maybe practicable. In each Judicial District, one Judge shall be elected by the electors thereof, who shall constitute said court, and whose term of oflBce 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. § 5. The District Courts shall have original jurisdiction in all civil cases, both in law and eq'uity, 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 appellate juris- diction 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. § 6. The Judges of the Supreme and District Courts shall be- men learned in the law, and shall receive such compensation, at stated times, as may be prescribed by the Legislature, which compensation shall not be diminished during their continuance in office, but they shall receive no other fee or reward for their services. 91 722 ' Constitution of Minnesota, 1857-68. % 1. There shall be established in each organized county 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 oflSce, and his compensation shall be provided by law. He may appoint his own Clerk, where none has been elected, but the Legis- lature may authorize the election by the electors of any county, of one Clerk or Eegister of Probate for such county, whose powers, duties, term of ofiBce and compensation, shall be prescribed by law. A Pro- bate Court shall have jurisdiction over the Estates of deceased persons, and persons under guardianship, but- no other jurisdiction, except as prescribed by this Constitution. § 8. The Legislature shall provide for the election of -a suflScient number of Justices of the Peace in each county, whose term of oflBce shall be two years, and whose duties and compensation shall be pre- scribed 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 punish- ment shall exceed'three months imprisonment, or a fine of over one hundred dollars, nor in any case involving the title to real estate. § 9. 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. § 10. In case the oflBce of any Judge shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified. And such successot shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened. § 11. The Justices of the Supreme Court and the District Courts, shall hold no ofl&ce under the United States, nor any other office under this State. And all votes for either of them for any elective office under this Constitution, except a judicial office, given by the Legislature or the people, during their continuance in office, shall be void. § 13. The Legislature may at any time change the number of Judicial Districts or their boundaries, when it shall be deemed expedient, but no such change shall vacate the office of any Judge. § 13. There shall be elected in each county where a District Court shall be held, one Clerk of said court, whose qualifications, duties and Constitution of Minnesota, 1867-68. 723 compensation, shall be prescribed by law, and -whose term of office shall be four years. § 14. Legal pleadings and proceedings in the courts of this State shall be under the direction of the Legislature. The style of all pro- cess shall be, " The State of Minnesota ;" and all indictments shall conclude, "j,gainst the peace and dignity of the State of Minnesota." § 15. The Legislature may provide for the election of one person in each organized county in this State, to be called a Court Commis- sioner, with judicial power and jurisdiction not exceeding the power and jurisdiction of a Judge of the District Court at Chambers ; or the Legislature may, instead of such election, confer such powers and jurisdiction upon Judges of Probate in the State. AETICLE VIL ELECTIVE FRANCHISE. Section 1. Every male person of the age of twenty-one or upward, belonging to either of the following classes, who shall have resided in the United States one year, and in this State four months next pre- ceding any election, shall be entitled to vote at such election, in the election district of which he shall at the time have been for ten days a resident, for all officers that now are, or hereafter may be, elected by the people. First} Citizens of the United States. Second} Persons of foreign birth, who shall have declared their intention to become citizens, conformably to the laws of the United States upon the subject of naturalization. Third. Persons of mixed, white and Indian blood, who have adopted the customs and habits of civilization. FotirtJi. 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 provided by law, and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State. § 2. No person not belonging to one of the classes specified in the preceding section ; no person Who has been convicted of treason or any feloily, unless restored to civil rights, and no person under guardianship, or who maybe non compos mentis or insane, shall' be entitled or permitted to vote at any- election in this State. § 3. For the purpose of voting, no person shall be deemed to halve lost a residence by reason of his absence while employed in the service 1 The word " wUte " was Btricken out In 1868, by a vote of 89,832 to 39,907. The queetion had been lost In 1855, by a vote of 12,170 to 14,840 ; in 1865, by a TOte of 12,138 to 14,650 : and In 1867 by a vote of 27,461 to 28,759. 724 Constitution of Minnesota, 1857-68. of the United States; nor while engaged upon the waters of this State, or of the United States ; nor while a student of any seminary of learning ; nor while kept at any almshouse or asylum ; nor while confined in any public prison. § 4 No soldier, seaman, or marine in the army or nayy of the United States, shall be deemed a resident of this State in consequence of being stationed within the same. § 5. During the day on which any ejection shall be held, no person shall be arrested by virtue of any civil process. § 6. All elections shall be by ballot, except for such town ofiScers as may be directed by law to be otherwise chosen. § 7. Every person who, by the provisions of this article, shall be entitled to vote at any election, shall be eligible to any office which now is, or hereafter shall- be, elective by the people in the district wherein he shall have resided thirty days previous to such election, except as otherwise provided in this Constitution, or the Constitution and laws of the United States. AKTICLE VIII. SCHOOL FUNDS, EDUCATION', AND SCIENCE. Section 1. 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. § 2.: The pr.oceeds 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 perpfitual 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 tpn years; hnt the lands of the greatest valuatipn 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 prop- erty, granted or intrusted to this State, in each township, for educa- tional purposes, shall forever 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 faithfully applied to the specific objects of the original grants or appropriations. § 3. The Legislature shall make such provisions, by taxation or otherwise, as, with the income arising from the school fund, will secure a thorough and eflacient system of public schools in each town- ship in the State. Constitution of Minnesota, 1867-68. 725 § 4. The location of the University of Minnesota, as established by existing laws, is hereby confirmed, and said institutioii is hereby declared to be the University of the; State of Minnesota. All the rights, immunities, franchises, and endowments heretofore granted or conferred, are hereby perpetuated unto the said University, and all lands which may be granted hereafter by Congress, or other donations, for said University purposes, shall vest in the institution referred to in this section. AETIOLE IX. FIlSrANCES OF THE STATE, AND BANKS AND BAKKING. Section 1. 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 equalized and uniform .throughout the State. \^ Provided, That the Legislature may, by general law or special act, authorize municipal corporations to levy assessments for local improvements upon the property fronting upon such improve- ments, or upon the property to be benefited by such improvements, without regard to cash valuation, and in such manner as the Legis- lature may prescribe.] § 2.' The Legislature shall provide for an annual tax, sufiicient to defray the estimated [or ordinary] 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 sufficient, with other sources of income, to pay the deficiency of the preceding year, together with the estimated expenses of such ensuing year. [But no law levying a tax, or making other provision, for the pay- ment of interest or principal of the bonds denominated " Minnesota State Eailroad Bonds," shall take eflfect or be in force until such law shall have been submitted to a vote of the people of the State, and adopted by a majority of the electors of the State voting upon the same.] § 3. 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 hospitals;; acad- emies, colleges, universities, and all seminaries of learning, all churches, church property used for religious purposes, and houses of worship, 1 This clause was submitted to the people by an act of March' 4, 1869, and adopted at the annnal election following, by a vote of 26,e39, to 2,560. 2 The words and clause, in this section, included in brackets, were adopted, as amendments, Nov. 6, 1860. 726 Constitution of Minnesota, 1867-58. institutions 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, shall, by general laws, be exempt from taxation. § 4. Laws shall be passed for taxing the notes and bills 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 prop- erty employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals. § 5. Tor the purpose of defraying extraordinary expenditures, the State may contract public debts, but such debts shall never in the aggregate exceed two hundred 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 law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest ; and such appropriation and taxes shall not be repealed, postponed, or diminished, until the principal and interest of such debt shall have been wholly paid. The State shall never contract any debts for works of internal improvement ; or be a party in carrying on such works, except in cases where grants of land or other property shall have been made to the State, especially dedicated by the grant to specific pur- poses, and in 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. § 6. All debts authorized by the preceding section shall be con- tracted by loan on State bonds of amounts not less than five hundred dollars each, on interest, payable 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 numerical order, so as always to exhibit the number and amount unpaid, and to whom severally made payable. § 7. The State shall never contract any public debt, unless in time of war, to repel invasion, or suppress insurrection, except in the cases and in the manner provided in the fifth and sixth sections of this article. Constitution of Minnesota, 1857-58, 727 § 8. The • money arising from any loan made, or debt or liability contracted, shall be applied to the object specified in the act author- izing such debt or liability, or to the repayment of such debt or liability, and to no other purpose whatever. § 9. !N'o money shall ever be paid out of the treasury of this State, except in pursuance of an appropriation by law. § 10. The credit of the State shall never be given or loaned in aid of any individual, association, or corporation. [^ N*or shall there be any further issue of bonds denominated " Minnesota Eailroad Bonds," under what purports to be an amendment to section ten, of article nine of the Constitution, adopted on the fifteenth of April, eighteen hundred and fifty-eight, which is hereby expunged from the Constitu- tion, saving, excepting and reserving to the State, nevertheless, all rights, remedies and forfeitures accruing under said amendment.] 1 The clause of this section in brackets was adopted on the 6th of November, 1860, to supersede the amendment of the 15th of April, 1858. As there remains a certain vitality to this earlier amendment, so far as relates to acts done while it continued, it is here given entire: "Abticlb IXj § 10. The credit of this State shall never be given or loaned in aid of any indi- vidual, association, or corporation, except that for the purpose of expediting the construction of the lines of railroads, in aid of which the Congress of the United States has granted lands to the Territory of Minnesota, the Governor shall cause to be issued and delivered to each of the com- panies in which said grants are vested by the Legislative Assembly of Minnesota, the special bonds of the State, bearing an interest of seven per cent per annum, payable semi-annually in the city of New York, as a loan of public credit, to an amount not exceeding $ 1 ,250,0U0 ; or an aggregate amount to all of said companies not exceeding $5,000,000, in manner following, to wit. : "■ wbenever either of the said companies shall produce to the Governor satisfactory evidence, verified by the affidavits of the Chief Engineer, Treasurer, and two Directors of said company, that any ten miles of the road of said company has been actually constructed and completed ready for placing the superstructure thereon, the Governor shall cause to be issued and delivered to such company, bonds to the amount of $100,000 ; and whenever thereafter, and aa often as either of said companies shall produce to the Governor like evidence of a further construction of ten miles of its road as aforesaid, then the Governor shall cause to be issued to such company further like bonds to the amount of $100,000 for each and every ten miles of road thus constructed ; and whenever such company shall furnish like evidence that any ten miles of its road is actually completed and cars running thereon, the Governor shall cause to be issued to such company like bonds to the amount of $100,000; and whenever thereafter, and as often as either of said com- panies shall produce to the Governor like evidence that any further ten miles of said road is in operation as aforesaid, the Governor shall cause to be issued to such company further like bonds to the amonnt of $100,000, until the full amount of the bonds hereby authorized shall be issued : Pi^ovided, That two-fifths and no more of all bonds issued to the Southern Minnesota Railroad Company shall be expended in the construction and equipment of the line of road from La Cres- cent to the point of junction with the , Transit road, aa provided by law ; and further provided, that the Mmneapolis and Cedar Valley Railroad Company shall commence the construction of their road at Faribault and 'Minneapolis, and sliall' grade an equal number of miles from each of said places. "The said bonds thus issued shall be denominated 'Minnesota State Railroad Bonds,' and the faith and credit of this State are hereby pledged for the payment of the interest and the redemp- tion of the principal thereof. They shall be signed by the Governor, countersigned and registered by the Treasurer, and sealed with the seal of the State, of denominations not exceeding $1,000, payable to the order of the company to whom issued, transferable by the indorsement of the President of the company, and redeemable at anytime after ten and before the expiration of twenty-five years from the date thereof. Within thirty days after the Governor shall proclaim that the people have voted for a loan of State credit to railroads, any of said companies proposing to avail themselves of the loan herein provided for, and to accept the conditions of the same, shall notify the Governor thereof and shall within sixty days commence the construction of their roads, and shall within two years thereafter construct, ready for the superstructure at least fifty miles of their road. Each company shall make provision for the punctual payment and redemp- tion of all bonds issued and delivered as aforesaid to said company, and for the punctual payment of the interest which shall accrue thereon in such manner as to exonerate the treasury of the State from any a,dvance8 of money for that purpose ; and as security therefor, the Governor shall demand and- receive from each of said companies, before any of said bonds are issued, an instru- ment pledging the net profits of its road for the payment of said interest, and a conveyance to the State of the first two hundred and forty sections of land, free from prior incumbrances, which such company is or may be authorized to sell in trust for the better security of the treasury of the State from loss on said bonds, which said deed of trust shall authorize the -Governor and Secre- tary of State to make conveyances of title to> all or any of such lands to purchasers agreeing with the- respective railroad companies therefor: Provided, That before releasing the interest of the State to such lauds, such sale shall be approved by the Governor; but the proceeds of all such sales shall be applied to the payment of interest accruing upon the bonds in case of default of thi> 728 Constitution of Minnesota, 1857-58, § 11. There shall be published by the Treasurer, in at least one newspaper printed at the seat of government, during the first week of January in each year, and in the next volume of the acts of the Legislature, 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. § 12. Suitable laws shall be passed by the Legislature for the safe keeping, transfer, and disbursement of the State and school funds, and all officers and other persons 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 con- vert to his own use in any form, or shall loan with or without interest, contrary to law, or shall deposit in banks, or exchange 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 jiersons, on demand, shall be held and taken to be prima facie evidence of such embezzlement. § 13. The Legislature may, by a two-thirds vote, pass a general banking law, with the following restrictions and requirements, viz. : First. The Legislature shall have no power to pass any law sanction- ing in any manner, directly or indirectly, the suspension of specie payments by any person, association, or corporation, issuing bank- notes of any description. payment of the same, and as a sinking fund to meet any future default in the payment of interest and the principal thereof when due ; and as further security, an amount of first mortgage bonds, on the roads, lands and franchises of the respective companies, corresponding to the State bonds issued, shall be transferred to the Treasurer of the State at the time of the issue of State bonds, and in case either of said companies shall make default in payment of either the interest or principal of the bonds issued to said companies by the Governor, no more State bonds shall thereafter be issued to said company ; and the Governor shall proceed, in such manner as may be prescribed by law, to sell the bonds of the defaulting company or companies, or the lands held in trust as above, or may require a foreclosure of the mortgage executed t^o secure the same : Provif ded. That, if any company so in default, before the day of sale, shall pay all interest and principal then due, and all expenses incurred" by the State, no sale shall takej)lace, and the right of such company shall not be impaired to a further loan of State credit: Prmided, If any of said com- Sanies shall at any time ofifer to pay the principal, together with the interest that may then be ue upon any of the Minnesota State Railroad Bonds, which may have been issued under tlio provisions of this section, then the Treasurer of State shall receive the same, and the liabilities of said coippany or companies, in respect to said bonds, shall cease upon such payment into the State Treasury, of principal together with the interest, as aforesaid : Provided^ further^ That in consideration of the loan of State credit herein provided, that the company or companies which may accept the bonds of the State in the manner hereinafter specified shall, as a condition thereof, each complete not less than fifty miles of its road on or before the expiration of the year 1861, and complete four-fifths of the entire length of its road before the year 1866, and any failure on the part of any such company to complete the number of miles of its road or roads, in the manner and within ttie several times herein prescribed, shall forfeit to the State all the rights, title and interest of any kind whatsoever In and to any lands, together with the franchises connected with the same not pertaining or applicable to the portion of the road by them constructed, and a fee- simple to which has not accrued to either of said companies, by reason of such construction, which was granted to the company or companies, thus fjiiling to comply with the provisions hereof, by act of the Legislature of the Territory of Minnesota, vesting said land in said companies respectively." Adopted by a vote of 25,033 /or to 733 against. Constitution of Minnesota, 1851-68. ' 729 Second. The Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security in United States stock or State stocks for the redemp- tion of the same in specie; 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 additional stocks. Third. The stockholders in any corporation and joint association 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 stockholders. Fourth. In case of the insolvency of any bank or banking associa- tion, the billholders thereof shall be entitled to preference in payment over all other creditors of such bank or association. Fifth. Any general banking law which may be passed in accordance with this article shall provide for recording the names of all stock- holders in such corporations, the amount of stock held by each, the time of transfer, and to whom transferred. AETIOLE X. OF CGEPOKATIOl^'S HAVIKG SO BA.TSKl'SQ PEIVILBGE8. Seotioit 1. The term " corporations," as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers and privileges not possessed by individuals or partnerships, except such as embrace banking privileges; and all corporations shall have the right to sue, and shall be liable to be sued, in all courts, in like manner as natural persons. § 2. No corporation shall be formed under special acts, except for municipal purposes. § 3. Each stockholder in any corporation shall be liable to the amount of the stock held or owned by him. § 4 Lands may be taken for public way, for the purpose 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. 92 730 Constitution of Minnesota, 1867-58. ARTICLE XI. COUNTIES AND TOWNSHIPS. Section 1. The Legislature may, from time to time, establish and organize new counties ; ^ut no new county shall contain less than four hundred square miles; nor shall any county be reduced below that amount ; and all laws changing county lines in counties already organized, or for removing county seats,^shall, before taking effect, be submitted to the electors of the county or counties to be affected thereby, at the next general -election after the passage thereof, and be adopted by a majority of such electors. Counties now established may be enlarged, but not reduced below four hundred square miles. § 3. 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 organization. § 3. Laws may be passed providing for the organization, for muni- cipal and other town purposes, of any congressional or fractional townships in the several counties in the State : Provided, That when a township 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. § 4. , Provision shall be made by law for the election of such county or township officers as may be necessary. _ § 5. Any county and township organization shall have such powers of local taxation as may be prescribed by law. § 6. No money shall be drawn from, any county or township treasury except by authority of law. [§ 7.' The county of Manomin is hereby abolished, and the ter- ritory, heretofore comprising the same, shall constitute and be a part of the county of Anoka.] ARTICLE XIL OE THE MILITIA. Section 1. 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. I This section was sabmitted by an act of -March S, 1869, and was approved at the fall election of that year, by a vote of 13,392 to 1,671. Constitution or Minnesota, 1857-58. 731 AETICLB XIII. IMPEACHMENT AND KEMOVAL FKOM OFFICE. Section 1. The GoTemor, Secretary of State, Treasurer, Auditor, Attorney-General, and the Judges of the Supreme and District Courts, may be impeached for coirrupt conduct in oflBice, or for crimes and misdemeanors; but judgment in such case shall not extend fur- ther than removal from ofi&ce and disqualification to hold and enjoy any ofi&ce of honor, trust or profit in this State. The party conyicted thereof shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law. § 2. The Legislature of this State may provide for the removal of inferior officers from office, for malfeasance or nonfeasance in the per- formance of their duties. § 3. No officer shall exercise the duties of his office after he shall have been impeached, and before his acquittal. § 4. On the trial of an impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. § 5. No person shall be tried on impeachment before he shall have been served with a copy thereof at least twenty days previous to the day set for trial. AKTICLE XIV. AMENDMENTS TO THE CONSTITUTION. Section 1. Whenever a majority of both Houses of the Legislature 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 submitted to the people for their approval or rejection; and if it shall appear, in a^ manner to be provided by law, that a majority of voters present and voting shall have ratified such alterations 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. § 2. Whenever two-thirds of the members elected to each branch of the Legislature shall think it necessary to call a Convention to revise this Constitution, they shall recommend to the electors to vote, at the next election, for members of the Legislature, for or against a Convention ; and if a majority of all the electors voting at said elec- tion, shall have voted for a Convention, the Legislature shall, at their 732 Constitution of Minnesota, 18S7-S8. next session, proTide by law for calling tlie same. The Convention shall consist of as many members as the House of Eepresentatiyes, who shall be chosen in thie same manner, and shall meet within three months after their election for the purpose aforesaid. AKTICLB XV. MISCBLLAlfrEOUS SUBJECTS. SECTioif 1. Tjhe seat of government of the State shall be at the city of St. Paul; but the Legislature, at their first, or any future session, may provide by law for a change of the seat of government by' a vote of the people, or may locate the same upon the land granted by Con^ gress for a seat of government to the State ; and in the event of the seat of government being removed from the city of St. Paul to any other place in the State, the capitol building and grounds shall be dedicated to an institution for the promotion of science, Jiteratiire, and the arts, to be organized by the Legislature of the State, and of which institution the Minnesota Historical Society shall always be a department. § 3. 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. § 3. The Legislature Shall provide for a uniform oath or afiirmation to be administered at elections; and no person shall be compelled to take any other or different form of oath to entitle him to vote. § ,4., There shall be a geal of the State, which shall be kept by the Secretary of State, and be used by him ofladally, and shall be called by him the great seal of the State of Minnesota, and shall be attached to all official acts of the Goveteor (his signature to acts and resolves of the Legislature excepted) requiring authentication. The Legisla- tTire shall provide for an appropriate device and motto for said seal. §5. 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 Minnesota. SCHEDULE. Sectiok 1. That no inconvenierice may arise by reason bf a change from a territorial to a permanent State government, it is declared that all rights, actions, prosecutions, judgments, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no change had taken place ; and all process which may be issued under the authority of the Territory of Minnesota previous to its admission into the union of the United States shall be as valid as if issued in the name of the State. Constitution of Minnesota, 1867-68. 738 § 3. All laws now in force in the Territory of Minnesota, not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature. § 3. All fines, penalties, or forfeitures accruing to the Territory of Minnesota shall inure to the State. § 4. All recognizances heretofore taken, or which may be taken before the change 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 thp Territory, or to any other officer or court in his or their official capacity, shall pass to, the G-overnor or State authority and their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and aU the estate of property, real, personal, or mixed, and all judgments, bonds, specialr ties, choses in action, and claims and debts of whatsoever description, of the Territory of Minnesota, shall inure to and vest in the State of Minnesota, and may be sued for and recovered in the same manner and to the same extent by the State of Minnesota, as the same could have been by the Territory of Minnesota. 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 judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Minnesota 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 Minnesota, with like effect as though such change had not taken place; and all penalties incurred shall 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 Minnesota at the time of the change from a territorial to a State government, may be continued and transferred to any court of the State which shall have jurisdiction of the subject-matter thereof. § 5. All territorial officers, civil and military, now holding their offices under the authority of the United States or of the Territory of Minnesota, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the State. § 6. The first 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, § 7. The laws regulating the election and qualification of all dis- trict, county, and precinct officers, shall continue and be in force until the Legislature shall otherwise provide by law. 734 Constitution of Minnesota, 18:57-68. § 8. The President of the Convention shall, immediately after the adjournment thereof, cause this Constitution to be deposited in the 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 shall 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 abstra,ct 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. § 9. For the purposes of the first election, the State shall constitute one district, and shall elect three' members to the House of Eepre- sentatives of the United States. • § 10. For the purposes of the first election for members of the State Senate and the House of Eepresentatives, the State shall be divided into Senatorial and Eepresentative Districts, as follows, viz.: 1st District, Washington county ; 2d District, Eamsey county ; 3d Dis- trict, Dakota county ; 4th District, so much of Hennepin county as lies west of the Mississippi ; 5th District, Eice county ; 6th District, Goodhue county ; 7th District, Scott county ; 8th District, Olmstead county; 9th District, Fillmore county; 10th' District, Houston county; 11th District, Winona county; 12th District, Wabashaw county; 13th District, Mower and Dodge counties; 14th District, Freeborn and Faribault counties ; 15th District, Steele and Waseca counties; 16th District, Blue Earth and Le Sueur counties; 17th District, Nicollet and Brown counties ; 18th District, Sibley, Een- ville, and McLeod counties ; 19th District, Carver and Wright coun- ties; 20th District, Benton, Steams, and Meeker counties; 21st District, Morrison, Crow Wing and Mille Lac counties; 22d District, Cass, Pembina, and Todd counties ; 23d District, so much of Hen- nepin county as lies east of the Mississippi ; 34th District, Sherburne, Anoka, and Manomin counties ; 25th District, Chisago, Pine and Isanti counties; 26th District, Buchanan, Carlton, St. Louis, Lake, and Itasca counties. § 11. The counties of Brown, Stearns, Todd, Cass, Pembina, and Eenville, as applied in the preceding section, shall not be deemed to include any territory west of the State line, but shall be deemed to include all counties aind parts of counties east of said line as were created out of the territory of either at the last session of the Legis- lature. § 12. The Senators and Eepresentatives, at the first election, shall be apportioned among the several Senatorial and Eepresentative dis- tricts, as follows, to wit : ' But two Bepreeentatives were allowed by Congress. Constitution of Minnesota, 1857-58. 735 let District 3 Senators, 3 Kepresentatlves. 15th District, 1 Senator, 4 .2d " .. .. 3 " 6 16th ' ' .... 1 " 3 83 " .. .. 2 u S 17th ' ' .... 1 " 3 4th " .. .. 8 *' 4 18th ' ' 1 " 3 6th " .. .. a li 3 19th ' ' .... 1 " 8 6th " .. .. 1 *' 4 20th ' .... 1 " 8 7th " .. .. 1 " 3 2lBt ' ' ^.... 1 " 1 Sth " .. .. 2 " 4 22d ' ' .... 1 " 1 Sth " .. .. 2 *' 6 23a ' ' .... 1 " 2 10th " .. .. 2 *' 3 24th ' ' 1 " 1 llth " .. .. 2 " 4 25th ' ' .... 1 " 1 12th "■ .. .. 1 " 3 26th ' .... 1 " 1 13th " .. .. 2 " 3 — — 14th " .. .. 1 (I 3 Totals.... 87 80 § 13. The returns from the 23d district shall be made to, and can- vassed by, the judges of election at the precinct of Otter Tail City. § 14. Until the Legislature shall otherwise provide, the State shall be divided into judicial districts, as follows, viz. : The counties of Washington, Chisago, Manomin, Anoka, Isanti, Pine, Buchanan, Carlton, St. Louis and Lake, shall constitute the First Judicial District. The county of Eamsey shall constitute the Second Judicial District. The counties of Houston, Winona, Fillmore, Olmsted and Waba- shaw, shall constitute the Third Judicial District. The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, Stearns, Morrison, Crow Wing, Mille Lac, Itasca, Pembina, Todd and Cass, shall constitute the Fourth Judicial District. The counties of Dakota, Goodhue, Scott, Eice, Steele, Waseca, Dodge, Mower and Freeborn, shall constitute the Fifth Judicial District. The counties of Le Sueur, Sibley, Nicollet, Blue Earth, Faribault, McLeod, Eenville, Brown and other counties in the State, not included within the other districts, shall constitute the Sixth Judicial Districts. § 15. Each of the foregoing enumerated Judicial Districts may, at the first election, elect one Prosecuting Attorney for the district. § 16. Upon the second Tuesday, the 13th day of October, 18§7, an election shall be held for members of the House of Eepresentatives of the United States, Governor, Lieutenant-Governor, Supreme and District Judges, members of the Legislature, and all other officers designated in this Constitution, and also for the submission of tl^is Constitution to the people, for their adoption or rejection. § 17. 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 "State 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. § 18. In voting for or against the adoption of this Constitution, the words " for Constitution," or " against Constitution," may be written 736 Constitution of Minnesota, 1857-58. 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 Constitu- tion, then this Constitution shall be deemed to be adopted a^ the Con- stitution of the State of Minnesota ; and all the provisions and obli- gations of this Constitution, and of t^e schedule hereunto attached, shall thereafter be valid to all intents and purposes as the Constitution of said State. § 19. 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 except- ing, also, that polls may be opened and elections held at any point or points, in any of the counties where precincts may be estab- lished as provided bylaw, ten days previous to the day of election, and not less than ten miles from the place of voting in any estab- lished precinct. § 20. It shall be the duty of the judges and clerks of election, in addition to the returns required by la,w for 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 precinct, and the number of votes polled for and against the adoption of this Constitution. § 31. The returns of said election for and against this Constitution) and for all State officers and members of the House of Kepresenta- tives of the United States, shall be made, and certificates issued, in the manner now prescribed by law for returning votes given for dele- gate -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 E. Brown and Thomas J. Galbraith, at the time designated by law for canvassing the vote for Delegate to Congress. § 32. If, 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 provided for in this Constitution, and no State organization shall have validity within the limits of the Territory until otherwise provided for, and until a Con- Constitution of Minnesota, 1857-68. IZl stitution for a State government shall have been adopted by the people. [bbfubuoan contbhtion.] St. a. D. BALCOMBE, President of Convention (Delegate from Winona county) Owrver Ocnm^f. T. D. Smith, Henry Eschlie. Chisago County. W. H. C. Folsom, Charles F. Lowe, P. A. Cederstam, Ij. K. Stannard. Dakota County. Thomas Foster. Dodge CovMty, Frank Mantor. Fillmore Courtly. N. P. Colbum, H. A Billings, A. H. Butler, Charles Hanson, John Cleghom, H. W. Holley. Freeborn Ooumty. Qflorge Watson. Goodhue County. Aaron G. Hudson, Charles McClure, Joseph Feckham. Sennepin Oouniy. D. M. Hall, WiUiam P. Russell, Wentworth Hayden, E. K. Bates, John H. Murphy, B. L. Bartholomew, Charles B. Sheldon, David Morgan, David A. Secombe, Cyrus Aldrioh, Albert W. Coombs, Samuel W. Putnam, li. C. Walker, Philip Winell. Souston County. James A. McCann, 93 [OEMOOIULTia OONTEItllON.] HENKY H. SIBLEY, President of the Convention (Delegate fi:om Dakota county). Benton ComUy. David Gilman. Blue Ea/rth County. William B. McMahon. Brown Oovmiy. Francis Baasen. Dakota County. Daniel J. Burns, Josiah Burwell, Henry G. Bailly, Andrew Keegan. Freeborn Cownty. Edwin C. Staicey. B^Tiepin County. Alfred E. Ames, Charles L. Chase, William M. Lashelle, B. B. Meeker, Calvin A. Tuttle. Bouston County. James C. Day, O. W. Streeter. Le Sueur County. T. H. Swan. Morrison County. William Sturgis. Mower Cownty. Thomas H. Armstrong. Nicollet Cownty. Charles E. Flandreau. PemMma, County. Xavier Cantell, James McFetridge, J. Jerome, 738 Constitution of Minnesota, 1857-58. [BEPrBLICAK OONTINTIOIf.] John A. Anderson, Charles A. Coe, C. W. Thompson. McLeod Count}/. B. E. Messer. Morrison County. F. Ayer. Mower Cowniy. Robert Lyle, Boyd Phelps, Alanson B. Vaughp Nicollet County. Edwin Page Davis. Olmstead Cov/nty. N. B. Bobbins, Jr., Simeon Harding, D. L. King. W. H. Miller. Riee Cownty. Thomas Bolles, John W. North, Oscar P. Perkins. Scott County. D. D. Dickerson, Thomas T. Galbraith. Steele County. Amos CoggsweU. Wahashaw Cowni/u. Benjamin C. Baldwin, G-. A. Kemp. Waseca County. Lewis McCune. Winona Covmty.' Thomas Wilson, W. T. Daley, Charles Gerrish. Attest: L. A. Babcook, Secretary of Convention. [dbmockatio oontbktiow.] Joseph Rolette, Iiouis Vasseur, J. P. Wilson. Bcumsey County. George L. Becker, Moses Sherburne, . Lafayette Emmett, William P. Murray, WiUis A. Gorman, John S. Prince, Patrick Nash, WUliam B. MoGrgrty, Paul Faber, Michael E. Ames. St. Louis County. B. W. Barrett, W. W. Kingsbury. Scott County. William A. Davis, Robert Kennedy, Frank Warner. , Sibley County. Joseph R. Brown. Steams County. J. C. Shepley, John W. Tenvoorde, H. C. Wait. Washington Cownty. Charles J. Butler, Gold T. Curtis, Newington Gilbert, William Holeombe, James S. Norris, R. H. Sanderson, Henry N. Setzer. Attest: J. J. Noah, Secretary of Convention. MISSISSIPPI. The State of Mississippi is included within the region described in the Carolina Charter of June 30, 1677, which was surrendered by its proprietors to the Crown in 1729 and 1744. The Georgia Charter of 1732, granted all the lands westward, between parallels of latitude passing through the head-waters of the Altatnaha and the Savannah rivers, but, in 1752, this Charter was also surrendered to the Crown. In following the changes of title and form of government of this State, we wm first notice that portion north of the line of 31" N. latitude. By a Conven- tion between Commissioners representing South Carolina and Georgia, held at Beaufort, April 28, 1787, the former relinquished to the latter, her claims west of her present boundaries, and, on the 9th of August of that year, she ceded to the United States, for the common benefit of the Union, whatever right she had to the western lands. The "Territory of Mississippi" was authorized to be formed by an act approved April 7, 1798, and the President was empowered to establish a govern- ment therein, as soon as he should deem it expedient. The form of govern- ment, and the rights and privileges of the inhabitants were to be, in all respects, like those in the Territory northwest of the Ohio, excepting the article in the Ordinance of 1787, restricting slavery. The boundary of the new Territory was to extend to the Chattahoochie river on the east, and the Mississippi river on - the west, between 31" N. latitude and a parallel passing through the mouth of the Yazoo river. Authority was given to divide the Territory into two Districts, and to establish a separate Territorial government in each ; but nothing was to be done to impair the rights of the State of Georgia, or of any person or per- sons, either as to the jurisdiction or soil of the Territory; but these rights were to be maintained firm and inviolable, as if the act had not been passed. The tract of country included within the boundaries above described had been attached to West Florida, March 23, 1764, while it was a British Province ; but, by Provisional Articles of a Treaty between Great Britain and the United States, signed November 30, 1782, the southern boundary of the United States was fixed at 31", and in the cession of Florida to Spain, in 1783, that Province was to include only its ancient boundary (which was this 'line), on the north. But, after this transfer, difficulties arose from the Spaniards claiming juris- diction beyond this Umit, which continued to disturb the frontiers for some years. By a treaty with Spain, signed in October, 1795, the line of 31" was expressly agreed upon as a boundary, and that government agreed to withdraw any troops she might have north of that Une, within six months. They con- tinued however, to hold the post at Natchez, after the appointed time, as was believed under French ;influence, Spain being then in alliance with France, and the latter in a hostile attitude toward the United States. There can scarcely be a doubt but that the Spanish authorities of Louisiana , entertained the hope, that by controlling the navigation of the Mississippi, they could make it for the interest of the inhabitants of the Western Territories of the United States, upon the upper waters of that river, to separate from the Union and form an alliance with Spain. The retention of these posts, has with strong probability been attributed to this hope, and possession was held until the impossibility of its realization became certain. The garrison of Fort 740 Mississippi. Nogales was withdrawn March 23d, 1798, and on the 30th of that month, Port Panmure, at Natchez, was evacuated, and possession was at once taken by the United States. There were, at this time, at and around Natchez, some five or six thousand inhabitants, mostly of English origin, who hiad settled just before the Eevolu- tionary war, or who had come by Spanish invitation since. By the act of Congress, April 7, 1798, the President was authorized to appoint three Comissioners, to confer with such Commissioners as might be appointed by Georgia, concerning the cession by that State of all rights and claims west of the Chattahoochie river, and south of the tract ceded by South Carolina. James Madison, Albert Gallatin and Levi Lincoln, were appointed to this commission on the part of the United States, and James Jackson, Abraham Baldwin and John MUledge, on the part of Georgia. On the 24th of April, 1802, an agreement was concluded between these Com- missioners, by which the State agreed to cede her claims of jurisdiction, soil, and right of pre-emption of Indian titles beyond the present western bounda- ries of that State, to the United States, upon the payment of $1,250,000 out of the first nett proceeds of the sale of these lands, and with a confirmation of several previous grants. The State of Georgia consented to the formation of a State within this tract, whenever the population should amount to 60,000, or sooner if Congress should deem it expedient. This agreement was confirmed by the Xiegislature of Georgia, June 16, 1802. By an act approved March 27, 1804, the tract between Mississippi Territory (as first bounded) and the State of Tennessee, was annexed to the former. The part of Mississippi south of 31" north latitude having belonged alternately to Spain, Great Britain, Spain and Prance, as noticed under our historical sum- mary relating to Florida and Louisiana, became the property of the United States in 1803, and in 1804 was included in Orleans Territory. By an act of Con- gress approved May 16, 1812, this portion of Orleans Territory between the Pearl and Perdido rivers was annexed to Mississippi Territory. The Territory was organized under an act approved May 10, 1800. Until the number of fi-ee male inhabitants, of full age, should amount to 5,000, the General Assembly was to be limited to nine' members. The first election was to be held on the fourth Monday of July, and the first session of the Legislature was to be convened at Natchez, on the fourth Monday in September of that year. By an act of January 9, 1808, the right of sufirage was defined to include every free white male person within the Territory, above the age of twenty-one, having been a citizen of the United States, stad resident in the said Territory one year, and who had a legal or equitable title to land, by virtue of any act of Congress, or who had purchased fifty acres, or held a town lot, worth $100, and the Territory was entitled to one Delegate in Congress. On the 2d of March, 1810, an additional Judge was to be appointed In Madison county, then comprising the northern part of the present State of Alabama, and another Delegate in Congress was authorized to be elected in that county. A motion was made in the House of Representatives, in Congress, December 28, 1810, to inquire into the expediency of admitting Mississippi into the Union, upon which a report was made January 9, 1811, but no final action was taken at that time, toward allowing the formation of a State government.' A petition was presented November 13, 1811, and reported on by a committee December 17, 1811.' A biU was passed by the House, but reported upon adversely in the Senate, April 17, 1812.' A joint resolution was, however, passed by Congress 1 Am. State Papers, Hiscellaneons, li, 129. ' lb. 163. » lb. 182. Mississippi. 741 June 17, 1812, requesting the State of Georgia to assent to the formation of two States out of Mississippi Territory, if, in the opinion of Congress, such a division of the Territory should appear expedient. Congress was again memorialized in 1815, and a committee, to whom the sub- j ect was referred, reported on the 29th of December of that year, recommending the admission of the whole Territory as one State. The last general census, in 1810, had returned a population of 40,352 of all classes. As no certain data had since been obtained, they did not solicit admission by right of numbers, but as an act of courtesy. The consent of Gteorgia had been asked and obtained for the formation of a State, and doubts wdre expressed as to whether tliis language could be construed to mean "one or more States." Although the people of the Territory had no agency in the agreement, they were the object of it, and as such became a third party to it, and were vested by it of a right which is explicitly defined. To change this agreement would require the consent of the three parties concerned, and, therefore, the committee regarded it improper to divide the Territory without the consent of Georgia and of the United States, as well as of the inhabitants of the Territory in question. A census of the Territory, taken in 1816, gave a total of 45,085 free whites, 366 free colored, and 30,061 slaves. In a memorial for permission to organize a State, dated December, 23, 1816, and presented by the Legislative Council of the Territory, they did not claim admission upon the ground of numbers, but upon a liberal policy on the part of the United States, and from the fact that the House of Representatives had already passed bills in their favor at three differ- ent times, when their population was much less than at the time of this memorial. The settlements were at this period chiefly in the northern part, on the Ten- nessee river, on the Mississippi around Natchez, and in the vicinity of Mobile, with the widely intervening spaces wholly uninhabited except by Indians, whose titles had not as yet, for the most part, been extinguished. Between the settlements on the Mississippi and the other two, it was claimed that there never could be any commercial intercourse whatever, while from the Tennessee to the Gulf, the intervening country would probably be united by common interests, and improved by means of the navigable rivers of that region. They therefore asked for a division of the territory, as best tending to allay jealousies between sections having distinct local interests and opposite views, least these feelings should prevail over principles of justice, and local policy over the general good The line of division between the two States recom- mended as subsequently adopted, was the one which now forms the common boundary between Alabama and Mississippi. {Am. State Papers, Miscel. II, 407.) By an enabling act approved March 1, 1817, the inhabitants of the western part of Mississippi Territory were authorized to form a State government, and to assume such name as they might deem proper. A convention was to be held at Washington, in the county of Adams, in July of that year, and after deter- . mining whether or not it be expedient to form a Constitution and State govern- ment, they were (if so determined) authorized to form a State government. The Convention was to declare by ordinance, irrevocable without the consent of Congress, that it forever disclaimed all right to waste and unappropriated lands, that no taxes should be laid upon the property of the United States, nor for a limited time upon lands sold by the United States, and that the Mississippi, and the navigable waters leading into the same, should remain free as a common highway to citizens of the United States. The Convention met July 7th, and on the 15th of August completed its labors by agreeing upon a Constitution, which was approved by the people at an eleo- 742 MississippL tion held for that purpose. The State was admitted into the Union by a joint resolution of Congress, December 10, 1817. An act to provide for the due execu- tion of the laws of the United States, within the new State, was passed April 3, 1818. The remainder of Mississippi Territory was, on the 3d of March, formed into "Alabama Territory." In 1831, the people decided, at an election, for holding another Convention ; and, under a, law passed on the 16th of December, 1831, Delegates were elected, who met at the State Capital on the 10th of September, 1832. Ofa the 26th of October, they agreed upon a Constitution^ which was duly ratified by the people. The leading changes introduced at this time \«%re as follows : The sessions of the General Assembly, which had been annual, were changed to biennial ; the term of Representatives from one to two years, and that of Senators from three to four years. The Senators, instead of being elected in three classes, were now chosen in two, one-half biennially. Representation in the two Houses was equalized upon a census of free whites, taken once in from four to five years, instead of from three to five years. The Governor's term remained fixed at two years. The Judiciary powers of the State were first vested in a Supreme Court, and such superior and inferior courts as might be established by law. The Superior Court consisted of liom four to eight Judges chosen by joint vote of the two Houses, during good behavior. District and other local courts, and a Court of Chancery, were authorized. Under the revision of 1832, the Judiciary power was vested in a High Court of Errors and Appeals, and such other •ourts of law and equity as might be l>rovided by law. The High Court of Errors and Appeals consisted of three Judges, elected by the people. In classes, for a term of six years. Circuit courts were established, the Judges of which were also elected. This is' one of the earliest examples, if not the first among American Constitutions, in which the Judiciary was made elective. The principle has now become so generally established, that exceptions are found only in Constitutions of long standing, •. and every year their number is becoming less. With some amendments, the Constitution of 1832 remained until the State seceded from the Union and joined the Southern Confederacy. Near the close of November, 1860, the- Legislature met, appointed an election for a Convention, and adjourned. The election was held on the 20th of Decem- ber, and the Convention met on the 7th of January, 1861. On the 9th, an ordinance of secession passed, by a vote of 84 to 15 ; and on the 12th, her Repre- sentatives in the Congress of the United States withdrew. On the 30th of March, this Confederate Constitution was ratified by a vote of 78 to 7. Changes were made in the State Constitution by the Convention, to adapt it to the change of allegiance. Restrictions upon commercial intercourse with this State were removed by President Johnson on the 29th of April, 1865, and on the 13th of June, he appointed William L. Sharkey Provisional Governor. On the first of July, 1865, Governor Sharkey issued a proclamation appointing* local officers, and fixing an election for a Convention on the 7th of August; at which aU persons were allowed to vote who were qualified under the laws as they stood on the 9th of January, 1861, and who had taken the amnesty oath prescribed by the proclamation of the 29th of May, 1865. This Convention met on the 14th of August, 1865, and after passing ordinances repealing the ordinance of secession, abolishing slavery, and making sundry changes in the Constitution, intended to meet the wants of the occasion, adjourned on the 26th. At the first session of the Legislature held under this Constitution, a law was passed appropriating a fifth part of the revenue of the JUississiFPi. 743 state, as a relief fund for disabled Confederate and State soldiers. The anti- slavery amendment to the Federal Constitution was rejected, and other measures were adopted, indicating a strong sympathy with the former state of affairs. Under the reconstruction acts of Congress, Mississippi became a part of the Fourth Military District. At an election held November 5, 1867, upon the ques- tion of holding a Convention, the whole vote was 56,809. The number of whites registered was 46,636, and of colored 60,167. Of the vote given, nearly all were by colored men, and nearly all in favor of a Convention. On the 5th of Decem- ber, 1867, General Ord, in command of the District, declared that a majority of the registered voters had voted on the Convention question, and called the Con- vention, to meet at Jackson, January 7, 1868. The Constitution they prepared was agreed upon May 15, 1868. The vote on the adoption of the Constitution, at an election held June 22, 1868, was 56,231 /or, and 63,860 against, and for the Republican and Democratic candi- dates for Governor, nearly the same number, — the latter being in the majority. On the 10th of April, 1869, an act was approved, authorizing the President to submit the Constitution to a vote, at such time as he might deem#)est for the public interests, either as a whole, or separate provisions thereof; and at the same time an election of State officers and Members of Congress was to be held. Before admission to representation, it was required that the State Legisla- ture should ratify the XVlh Article of Amendment to the Constitution of the United States ; but these proceedings were not to be deemed final, or to operate as a complete restoration, until they were approved by Congress. On the 13th of July, President Grant issued a proclamation appointing an election, to be held on the 30th of November following, and submitting to a separate vote, the clauses disfranchising participants in the rebellion, prescribing a test oath for officials, and proliibiting the pledging of the State credit to cor- porations. The election was held November 30 — December 1, and the Consti- tution was adopted. An act was approved February 23, 1870, by which the State was admitted to representation, with a proviso that members of its State Legislature should take the following oath or affirmation, to wit : " I, , do solemnly swear (or iifflrm), that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature; or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God ;" (or under the pains and penalties of perjury, as the case may be) ; or such person was, in like manner, to take and subscribe the following oath or affirmation : " I, , do solemnly swear (or affirm), that I have, by an act of Congress of the United States, been relieved from the disabilities imposed upon me by the XlVth Amendment to the Constitution of the United States." This act of Congress contained the following as essential conditions of re- admission : " 1st. That the Constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote, who are entitled to vote by the Constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State : Provided, That any alteration of said Consti- tution, prospective in its effects, may be made in regard to the time and place of residence of voters. 744 Mississippi. " 2d. That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color or previous condition of servitude, of the right to hold office under the Constitution and laws of said State, or upon any such ground to require of him any other qualification for office than such as is required of all other citizens. "3d. That the Constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the achool rights and privileges secured by the Constitution of said State." CONSTITUTION OF MISSISSIPPI, 1868. SUMMAET. I. BUI of Bights. n. Bonndarles of the State. in. Distribution of Powers. IV. Legislative Department. V. Bxecutive, VI . Judiciary. Vn. Franchise. Vm. School Fiinds — Education and Science. tX. Hilitia. X. Internal Improvements. XI . Apportionment. Xn . General Provisions. Xm. Ordinance and Schednle. ARTICLB I.—SUlqfBlghU. Sections. 1. Persons who are citizens of the State. 2. No person to be deprived of life, liberty or property except by law. 3. Writ of Aabeai corpus. 4. Freedom of speech and of the press — trial of libels. 5. Second trial for same offense forbidden. 6. Right of assembling and of petitioning. 7. Rights of persons accnsed of crime — wit- nesses — speedy trial by jury — evidence against one^s self. 8. Cmel punishments — ezcessive fines and ball — right of bail defined. 9. Mc post f acta i&wa — obligation of contracts. 10. Private property not tasen for public use without due compensation. 11. No imprisonment for debt. 12. Right of trial by jury inviolate. 13. Property qualification not required of jurors. 14. Exemption from illegal seizures and searches. 15. Right of bearing arms. 16. Rights of property of married women. 17. Property qualifications not required for office. 18. Property or educational qualifications not required of voters. 19. Slavery prohibited. 20. Right of secession denied— paramount al- legiance due to government of United States. 21 . Public money not to be applied to charitable or public institutions, making distinc- tion of classes — proviso concerning schools. 22. No distinction to be made in reference to possession or descent of properly. 23. Religious tests not required — religious free- dom— not to justify acts of Ucentions- ness. 24. Right of all citizens to travel upon public conveyances. 25. Militarjr subordinate to civil power. 26. Treason defined — how proved. 27. Dueling — disqualifies from holding office or voting. 28. Courts open— right of justice. 29. Terms of office to be fixed at some specified period. 30. Right of defense before tribunals by self or comiBel. SSOTIOKS. 31. Prosecution by indictment — minor offenses may be tried by Justices of the Peace. 32. Rights not enumerated reserved. ARTICLB n. — Bomdariee of the State. To remain as fixed by law. ARTICLE UL — Bietributlm qf Fowers. 1. Powers divided into three distinct depart- ments. 2. No person being of one, to exercise powers of another. ARTICLE rv. — Legislative Department. 1. Le^slature composed of Senate and House of Representatives. 2. House — number — term. 3. Qualification of Representatives. 4. Senate — term. 6. Qualification of Senators. 6. Political year — meeting of Legislature. 7. Elections by ballot — time — privilege of electors. 8. Blectons to Legislature to be as provided by law. 9. Vacancies in either House. 10. Each House to judge of qualification of its own members. 11. President of Senate — to act in absence of Lieutenant-Governor. 12. Quorum — power over absent members. 13. Adjournments limited. 14. Each House to determine its own rules- may expel members — journals — yeas and nays. 15. To sit with open doors — power over per- sons not members. 16. Non-accounting holders of public moneys ineligible to Legislature or other offices. 17. Crimes disqualify from office and right of voting. / 18. Bribery at elections to disqualify from office. 19. Privilege of members from arrest. 20. Pay of members — not to be changed in term. ' 21. Suits against the State. 22. Divorce by Legislature forbidden — to be in power of courts. 28. Origin of bills— passage- to be signed in open session. 24. Veto power of Governor — passage over veto— bills to be returned within five days. 25. Concurrent orders and resolutions to be signed by Governor — or passed over his veto. 26. No payment from treasury but by law. 27. Impeachment — trial — oath. 28. Officers liable to Impeachment. 29. Trial of Governor — vote for conviction, 30. Limit of judgment in Impeachment— per- sons impeached may be further teled by law. 81, Removal of judges without impeachment, 32. Style of laws, 83, Census once in ten years. 04 746 Constitution of Mississippi, 1868. 10. 11. 12. 13. 14. 16. 16. 17. Sections. 34. Apportionment of Representatives — limit of numbers. 35. Apportionment of Senators — limit of num- bers. 36. Classification of Senators. 37. Division of counties — change of seat — limit of size in counties. 38. Members of Legislature not eligible to other offices. 39. Contested elections. ARTICLE '^. — Executive. Executive power vested in Governor — term. Election returns — how made and announced — contested elections. Qualifications of Governor. Salary to be fixed by law. Commander-in-Chief of militia, exceptwnen in service of United States. May require information in writing, of offi- cers of Executive department. May convene the Legislature — when at places other than seat of government — may adjourn it in certain case. To commnnicate^by message. To see that the laws are executed. Pardoning power — limited in treason. Great seal. Commissions, how signed, sealed and at- tested. "Vacancies in office, how filled. Lieutenant-Governor — term — qualifications. President of Senate — may debate in com- mittee of the whole — casting vote. Pay of Lieutenant-Governor. When to act as Governor— President of Senate — Speaker and Secretary of State, when to act as Governor. 18. Contested election of Lieutenant-Governor. 19. Secretary of State — qualifications — term — duties. 20. State Treasurer — Auditor of Public Ac- counts — terms — qualifications. 21. Sheriffs — coroners— treasurers— assessors- surveyors. 22. Terms of officers limited. ARTICLE Yl. — Judiciar!/. 1. Judicial power, how vested. 2. Supreme Court, how composed — judges appointed — quorum — judicial districts. Term of judges — classification. 'Jurisdiction of Supreme Court limited. Vacancies in office of judge. Qualification of judges. Terms of Supreme Court. Classification, how made. Cases in which a judge may not act — tem- porary appointments. Salary of Judges. Judges of Circuit Courts appointed by Gov- ernor and Senate. Qualification of Judges of Circuit Court. Judicial districts. Jurisdiction of Circuit Court. Terms of Circuit Courts — interchange of Circuits — pay of Judges. Chancery Courts to be established in each county — jurisdiction. Chancery districts — Chancellors — terms — qualifications. Style of process — prosecutions how carried on — conclusion of indictments. Clerks of courts — term — duties. Boards of Supervisors — in each county. Qualifications of Supervisors— vacancies. Judges conservators of the peace. Jusuces of Peace — appointment — term — jurisdiction — appeals. Inferior courts may be established. Attorney-General — election — District At- torneys — term — duties — pay. Removal of county officers. ARTICLE YII.— JironcAfae. Sections. 1. Elections to be by ballot. 2. Qualifications of voters. 8. Registration of voters — oaths. 4. None but voters eligible to office. 5. Persons excluded from office -c- proviso — private soldiers of Confederate army not excluded. 6. Voting in time of war may be provided for. AR'^ICLE vm.— School Funds, MtucatUm and ^nty of Legislature to encourage learning. iSuperintendent of Public Education —elec- tion—term — duties. Board of Education — duties — qnomm. County Superintendents of Public Educa- tion — term — duties — may be elective. Public schools to be maintained — neglect will deprive of share of moneys. Common school fund — how derived. Poll tax may be levied. . Agricultural college to be founded. No religious sect to have control of school or university funds. Taxes for support of free schools — pro rata distribution. ARTICLE IX.—jmiUia. 1. Persons liable to military duty. 2. Militia to be organized, armed and equipped. 3. Laws to be passed by first Legislature — organizing militia. 4. Appointment of militia officers — removal. 5. Governor to be Commander-in-Chief — power of, over militia. 6. Appointment of Generals — militia divisions. 7. Staff officers to Commander-in-Chief — how appointed. 8. Privileges of Militia. , ARTICLE X. — Internal Improvements. Board of Public Works to be organized. ARTICLE XI.—- Apportionment. 1. Present apportionment of Representatives. 2. Present Senatorial Districts. ARTICLE SH.— General Proviskms. 1. Political year — general election — when held biennially. 2. Legislature to exclude certain classes from office. 3. Persons who deny the existence of a . Supreme Being not to hold office. 4. Change of venue. 5. Credit of State not to be pledged or loaned in aid of corporations. 6. Terms of county, township and precinct officers — present incumbents— how to hold. Vacancies in office not otherwise provided for. Sale of land for taxes. General laws not to take effect within sixty day?. Deductions from salaries in certain cases. Publication of legal advertisements — other official printing. Banking laws prohibited — not to extend to national banks. Corporations to be taxed the same as indi- viduals. Credit of counties, cities and towns in aid of corporations restricted. Lotteries, and sale of lottery tickets, for- bidden. Right to raise money for county purposes- tax to be a certain rate per cent on State tax. Constitution of Mississippi, 1868. lAl Sections. 1 Liability of corporations — individual liability. 18. Dinsion oi lands sold by decree of courts or execution. 19. Election returns, how made. 20. Taxation to be equal and uniform — in pro- portion to Talue. 21. Bebel debt never to be assumed. 22. Persons not married living together to be held in law as married — children legitimatized. 23. Commissioner of immigration and agri- culture. 24. Statutes of limitation may be repealed — relief — stay of injunction— insolvent and homestead laws — other relief. 25. Election of Representatives in Congress. 26. Oath of olBce. 27. Institutions for support and education of deaf, dumb and blind — care of insane. 28. Houses of refuge and reformatories. 29. Farms as an asylmn foraged and infirm. AKTICLE Xin. — Ordvnance and Se/iedult. Mode of revising the Constitution. SCHEDULK. Sbctiohs. 1. Secession ordinance of 1861 void — all pre- vious Constitutions repealed. 2. Continuance of laws not in aid of secession — exceptions. 3. Bemoval of causes to new courts. Obdinasob. 4. Constitution to he submitted to registered voters 5. Election appointed— mode of conducting. 6. Election of State officers and members of Congress. 7. Commissioners of election to be appointed. 8. First session of Legislature — adoption of Fourteenth Article of Amendment. 9. Beginning of term of civil officers. 10. Pay of commissioners of election. 11. Committee to adjust accounts of Conven- tion. 12. Convention may bo called again, if Consti- tution is not adopted. 13. Clerk of Committee of Five — power to enforce ordinances of Convention. 14. Pay of members of Committee of Five. 15. Case of a candidate not able to take oath. PREAMBLE. To the end that justice be established, public order maintained, and liberty perpetuated, we, the people of the State of Mississippi, grateful to Almighty God for the free exercise of the right to choose our own form of government, do ordain this Constitution. ARTICLE L BILL OF EIGHTS. Sectioit 1. All persons resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. § 3. No person shall be depiived of life, liberty, or property, except by due process of law. § 3. The privilege of the writ of habeas corpus shall not be sus- pended unless when in case of rebellion or invasion the public safety may require it. § 4. The freedom of speech and of the press shall be held sacred, and in all indictments for libel the jury shall determine the law and the facts under the direction of the court. I 5. No person's life or libei-ty shall be twice placed in jeopardy for for the same offense. § 6. The right of the people peaceably to assemble and petition the government on any subject shall never be impaired. § 7. In all criminal prosecutions the accused shall have a right to be heard by himself, or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have a compulsory process for obtaining witnesses in his favor, and in all prosecutioBS by indictment or information a speedy and 748 Constitution of Mississippi, 1888, public trial by an impartial jury of the county where the offense was committed ; and he shall not be compelled to give evidence against himself. § 8. Cruel or unusual punishment shall not be inflicted, nor shall excessive fines be imposed ; excessive bail shall not be required, and all persons shall, before conviction, be bailable by suflBcient sureties, except, for capital offenses, when the* proof is evident or presumption gi-eat. » § 9. N"o ez post facto law, or laws impairing the obligation of con- tracts, shall ever be passed. § 10. Private property shall not be taken for public use except upon due compensation first being made to the owner or owners thereof in a manner to be provided by law. § 11. There shall be no imprisonment for debt. § 13. The right of trial by jury shall remain inviolate. § 13, No property qualification shall ever be required of any person to become a juror. § 14. The people shall be secure in their persons, houses, and pos- sessions, froin unreasonable seizure or search, and no warrant shall be issued without probable cause, supported by oath or aflBrmation spe- cially designating the place to be searched and the person or thing to be seized. § 15. All persons shall have a right to keep and bear arms for their defense. § 16. The rights of married women shall be protected by law in property owned previous to mamage; and also, in all property acquired in good faith by purchase, gift, devise or bequest, after mar- riage : Provided, That nothing herein contained shall be so construed as to protect said property from being applied to the payment of their lawful debts. § 17. No property qualification for eligibility to office shall ever be required. § 18. No property nor educational qualification shall ever be required for any person to become an elector. § 19. There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. § 20. The right to withdraw from the federal Union on account of any real or supposed grievances shall never be assumed by this State, nor shall any law be passed in derogation of the paramount allegiance of ^ the citizens of this State to the government of the United States. Constitution of Mississippi, 1868. 749 § 21. No public money or moneys shall be appropriated for any charitable or other public institutions in this State making any dis- tinction among the citizens thereof: Provided, That nothing herein contained shall be so construed as to prevent the Legislature from appropriating the school fundi in accordance with the article in this Constitution relating to public schools. § 33. No distinction shall ever be made by law between citizens and alien friends in reference to the possession, enjoyment, or descent of property. § 33. No religious test as a qualification for oflSce shall ever be required, and no preference shall ever be given by law to any religious sect or mode of worship, but the free enjoyment of all religious senti- ments and the different modes of worship shall ever be held sacred : Provided, The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the State. § 34. The rights of all citizens to. travel upon all public convey- ances shall not be infringed upon, nor in any manner abridged in this State. § 25. The military shall be in strict subordination to the civil power. § 36. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or on confession in open court. § 37. No person's life shall be periled by the practice of dueling ; and any person who shall hereafter fight a duel, or assist in the same as second, or send, or accept, knowingly carry a challenge therefor, or go out of the State to fight a duel, shall be disqualified from holding any office under this Constitution, and shall forever be disfranchised in this State. § 28. All courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. § 29. No person shall ever be elected or appointed to any office in this State for life or during good behavior ; but the term of all offices shall be for some specified period. § 30. 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. 750 Constitution of Mississtffi, 1868. § 31. Iffo person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when in actual, service, or by leave of the court, for misdemeanor in office : Provided, That the Legislature, in cases of petit larceny, assaults, assault and battery, affray, riot, unlawful assembly, drunkenness, 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. § 33. The enumeration of rights in this Constitution shall not be construed to deny or impair others retained by and inherent in the people. AETICLE II. BOUNDAEIES OF THE STATE. The limits and boundaries of the State of Mississippi shall remain as now established by law. AETICLE IIL DISTEIBtTTION' OF POWERS. SECTioiir 1. The powers of government of the State of Mississippi shall be divided into three distinct Departments, and each of them confided to a separate body of magistracy, to wit : Those which are Legislative to one ; those which are Judicial to another ; and those which are Executive to another. § 3. No person or collection of persons, being of one of these Departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. AETICLE IV. LEGISLATIVE DEPAETMENT. Section- 1. The legislative power of this State shall be vested in the Legislature, which shall consist of a Senate and House of Eepte- sentatives. § 3. The House of Eepresentatives shall consist of members to be chosen every second year by the qualified electors of the several counties. ' § 3. No person shall be a member of the House of Eepresentatives who shall not be an elector under this Constitution ; and who shall not, at the time of his election, have an actual residence in the dis- trict he may be chosen to represent. Constitution op Mississippi, 18G8. 75] § 4. The Senate shall consist of memhers to be chosen every four years by the qualified electors of the several districts. § 5. No person shall be a Senator who shall not have attained the age of twenty-five years, who shall not have beeii an inhabitant of the State one year, and who shall not have an actual residence in the district he may be chosen to represent. § 6. The political year shall begin on the first Monday of January, and the Legislature shall meet annually on the first Tuesday after first Monday in January, at the seat of government, unless sooner con- vened by the Governor, until altered by law. § 7. All general elections shall be by ballot, and shall commence and be holden every two years, on the first Tuesday after the first Monday in November, until altered by law ; 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. § 8. Election for members of the Legislature shall be held in the several counties and districts as shall be provided by law. § 9. The Governor shall issue writs of election to fill such vacancies as may occur in either House of the Legislature, and the persons thereupon chosen shall hold their seats for the unexpired term. § 10. Each House shall appoint its own officers, and shall judge of the qualifications, returns, and election of its own members. § 11. The Senate shall choose a President ^ro tempore,io 2kci in the absence or disability of the Lieutenant-Governor. § 13. A majority of each House shall constitute a quorum to do business ; but a less number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as such House shall provide. § 13. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. § 14. Each House may determine rules of its own proceedings, pun- ish its members for disorderly behavior, and, with the concurrence of two-thirds of the members present, expel a member ; but no member shall be expelled a second time for the same offense. They shall each, from time to time, publish a journal of the proceedings, except such as may, in their opinion, require secrecy, and the yeas an^ nays on any question shall be entered on the journal at the request of one- tenth of the members present: Provided, That the yeas and nays shall always be entered on the journal on the passage of a bill appro- priating money. 752 Constitution of Mississippi, 1868. § 15. The doors of each House, when in session, or in committee of the whole, shall he kept open, except in cases which may require secrecy ; and each House may punish by fine and imprisonment any person not a member who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in their presence, or in any way disturb their deliberations duriug the session; but. such imprisonment shall not extend beyond the final adjournment of that session. § 16. No person liable for public moneys unaccounted for shall be eligible to a seat in either House of the Legislature, or to any oflBce of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable, § 17. No person shall be eligible to any oflBce of profit or trust, nor shall he be permitted to exercise the right of suflfrage within this State, who shall have been convicted of bribery, perjury, or other infamous crimes. § 18. Any person who shall have been convicted of giving or offer- ing, directly or indirectly, any bribe to procure his election or appoint- ment, and any person who shall give or offer any bribe to procure the election or appointment of any person to oflBce, shall, on conviction thereof, be disqualified from being an elector, or holding any oflBce of profit or trust under the laws of this State. § 19. Senators and Eepreseniatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and for fifteen days before the commence- ment and after the termination of each session. § 30. The members of the Legislature shall severally receive from the public treasury compensation for their services, which may be increased or diminished ; but no alteration of such compensation of members shall take effect during the session at which it is made. § 31. The Legislature shall direct by law in what courts and in what manner suits may be brought against the State. § 32. The Legislature shall not have power to pass any bill of divorce, but may prescribe by law the manner in which cases shall be investi- gated in courts of justice, and divorces granted. § 23. Bills may originate in either House, and be amended or rejected in the other; and 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 the rules; and every bill, having passed both Houses, shall be signed by the President of the Senate and the Speaker of the House of Eepresentativesj in open session. § 24. Every bill, which has passed both Houses, shall be presented to the Governor of the State. If he approves, he shall sign it ; but if Constitution of Mississippi, 1868. 753 he does not approTe, he shall return it, with Jiis: objections, to the House in which it originated, who shall enter, the objections at large upon their journal, and proceed to reconsider it. If, after such recon- sideration, two-thirds of that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which, like- wise, it shall be reconsidered, and, if 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 five days (Sundays excepted) after it has been |pre- sented to him, it shall be a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevented its return, in which case it shall be a law, unless sent back within three days after its next meeting. § 35. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary (except on questions of adjournment), shall be presented to the Governor, and, before it shall take effect, be approved by him; or being disapproved, shall be repassed by two- thirds of both Houses, according to the rules of limitation prescrihed in all cases of a bill. § 36. No money shall be drawn from the treasury except on appro- priation made by law. § 37. The House of Representatives shall have the sole power of impeachment, but two-thirds of all the members present must concur 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. § 38. The Governor, and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. § 39. When the Governor shall be tried, the Chief Justice of the Supreme Court shall preside, and no persoU shall be convicted without the concurrence of two-thirds of all the Senators present. § 30. Judgment in such cases shall not extend further than removal from office, and disqualification to hold, any office of honor, trust or profit under tfhis State ; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. : § 31. For reasonable cause, which shall not be sufficient ground of 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 : Provided, The cause or causes of 95 754 Constitution of Mississippi, 1868. removal be spread on the journal, and the party charged be notified of the same before the vote is finally taken and decided, and shall have an opportunity to be heard by himself or counsel, or both. § 33. The style of the laws of the State shall be : " Be it enacted by the Legislature of the State of Mississippi." § 33. The Legislature shall provide for the enumeration of the whole number of inhabitants, and of the qualified electors of the State, once in every ten years; and the first enun^ration shall be ordered at the first meeting of the Legislature under this Constitution. § 34 The number of Eepresentatives shall, at the several periods of making such enumeration, be apportioned among the several coun- ties or districts, according to the number of qualified electors in each, and shall, not be less than one hundred, nor more than one hundred and twenty. § 35. The number of Senators shall, upon each enumeration made, be apportioned according to the number of qualified electors in the several districts, and shall never be less than one-fourth nor more than one-third the whole number of Eepresentatives. § 36. The Senators, on being convened after the first election, shall be divided by lot from their respective Congressional Districts into two classes, as nearly equal as can be, and the seats of the first class shall be vacated at the expiration of the second year. § 37. The Legislature shall provide for the organization of new counties, locating county seats, and changing county lines ; but no county shall be organized nor the lines of any county changed so as to include an area of less than four hundred nor more than six hun- dred and twenty-five square miles. § 38. 'So Senator or Eepresentative, during the term for which he was elected, shall be appointed to any office of profit under this State, which shall have been created, or the emoluments of which have been increased, during the time such Senator or Eepresentative was in office, except to such offices as may be filled by an election of the people. § 39. The Legislature shall provide by law for determining con- tested elections. AETICLE V. EXECUTIVE. Section 1. The chief Executive power of the State shall be vested in a Governor, who shall hold his office for four years. § 2. The Governor shall be elected by the qualified electors of the State. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Secretary I TlrnB, in the edition printed in Ml4ai. Doa. 'So. 14, Ist Sobs., 4l8t Cong. Constitution of Mississippi, 1868. 755 of State, who shall deliver them to the Speaker of the House of Kepre- sentatives at the next ensuing session of the Legislature, during the first week of which session the said Speaker shall open and publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor ; but if two or more shall be equal and highest in votes, then one of them shall be chosen Governor by the joint ballot of both Houses of the Legislature. Contested elections for Governor shall be determined by'both Houses of the Liegislature in such manner as shall be prescribed by law. § 3. The Governor shall be at least thirty years of age, shall have been a citizen of the United States twenty years, and shall have resided in this State two years next preceding the day of his election. § 4. He shall receive for his services such compensation as shall be provided by law. § 5. He shall be Commander-in-Chief of the army and navy of the State, and of the militia, except when they shall be called into the service of the United States. § 6. He may require informatioD, in writing, from the oflBcers in the Executive Department, on any subject relating to the duties of their respective offices. § 7. He may, in cases of emergency, convene the Legislature at the seat of government, or at a different place, if that shall have become dangerous from an enemy, or from disease ; and in case of disagree- ment between the two Houses with respect to time of adjournment adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the Legislature. § 8. He shall, from time to time, give the Legislature information of the state of the government, and recommend to their consideration such measures as he may deem necessary and expedient. § 9. It shall be his duty to see that the laws are faithfully executed. § 10. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines, and in cases of forfeiture to stay the collection until the end of the' next session of the Legislature, and to remit forfeitures by and with the consent of the Senate. In cases of treason he shall have power to grant reprieves by and with the consent of the Senate, but may respite the sentence until the end of the next session of the Legislature. § 11. There shall be a seal of the State kept by the Governor^ and used by him officially, and be called the Great Seal of the State of Mississippi. § 12. All commissions shall be in the name and by the authority of the State of Mississippi,, be sealed with, the Great Seal of State, 756 Constitution of Mississippi, 1868. and signed by the Governor, and be attested by the Secretd.ry of State. § 13. All racancies not provided for in this Constitution shall be filled in such manner as the Legislature may prescribe. § 14. There shall be a Lieutenant'O-overnor, who shall be elected at the same time, in the same manner, and for the same term, and shall possess the same qualifications as the Governor. , § 15. He shall, by virtue of his oflB||e, be President of the Senate. In committee of the whole he may debate on all questions, and when there is an equal division in the Senate, or on a joint vote of both Houses, he shall give the casting vote. , § 16. He shall receive for his services such compensation as may be provided by law. , § 17. When the ofBce of Governor shall become vacant by death or otherwise, the Lieutenant-Governor shall possess the powers and dis- charge the duties of said office, and receive the same compensation as the Governor during the remainder of the said term. When the Gov- ernor shall be absent from the State, or unable, from protracted ill- ness, to perform the duties of his office, the Lieutenant-Governor shall discharge the duties of said office, and receive said compensation until the Governor be able to resume his duties; but if, from disability or otherwise, the LieutehantrGovernor shall be incapable of performing said duties, or if he be alisent from the State, the President of the Senate, pro tempore, shall act in his stead ; but if there be no such President, or if he be disqualified by like disability, or be absent from the State, then the Speaker of the House of Representatives shall assume the office of Governor, and perform said duties, and receive the same compensation as the Governor, and in case of the inability of the foregoing officers to discharge the duties of Governor, the Secre- tary of State shall convene the Senate to elect a President pro tempore. § 18. In case the election for Lieutenant-Governor shall be contested, it shall be decided in the same manner as that of the Governor. § 19. The Secretary of State shall be elected by the qualified electors of the State ; shall be at least twenty-five years of age, and a citizen of the State one year next preceding the day of his election, and shall continue in office during the term of four years; he shall keep a correct register of all the official acts and proceedings of the Gover- nor; and shall, when required, lay the same, and all papers, minutes, and. vouchers relative thereto, before the Legislature, and shall per- form such other duties as may be required by law. § 20. A State Treasurer and Auditor of Public Accounts shall be elected by the qualified electors of the State, who shall hold their Constitution of Mississippi, 1868. 757 oflBces for the term of four years, tinless sooner remoTed, and shall possess the same qualifications as the Secretary of State ; and, together with the last named officer, shall receive such compensation as may be provided by law. § 21. A Sherifi", Coroner, Treasurer, Assessor, and Surveyor, shall be elected in each county by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed. § 23. All officers named in this article shall hold their offices during the term for which they were elected, unless removed by impeachment or otherwise, and lintil their successors shall be duly qualified to enter on the discharge of their separate duties. AETICLE VI. JUDICIAET. , Section 1. The judicial power of the State shall be vested in a Supreme Court and such other courts of law and equity as are here- after provided for in this Constitution. § 3. The Supreme Court shall consist of three Judges, who shall be appointed by the Governor, by and with the advice and consent of the Senate, any two of whom, when convened, shall form a quorum. The Legislature shall divide the State into three districts ; and the Gov- ernor, by and with the advice and consent of the Senate, shall appoint one Judge for each district. § 3. The office of one of said Judges shall be vacated in three years; one in six years and one in nine years, so that at the expiration of every three years one of said Judges shall be appointed as aforesaid. The term of office of the Judges of the Supreme Court shall be nine years. § 4. The Supreme Court shall have no jurisdiction but such, as properly- belongs to a Supreme Court. § 5. All vacancies which may occur in said court, from death, resignation, or removal, shall be filled by appointment, as aforesaid : Provided, however, That if any vacancy shall occur during the recess of the Legislature, the Governor shall appoint a successor, who shall hold his office until the next meeting of the Legislature. § .6. No person shall be eligible to the office of Judge of the Supreme Court who shall not have attained the age of thirty years at the time of his appointnlent, and who shall not have been for two years imme- diately preceding a citizen of the State. § 7. The Supreme Court shall.be held twice in each year at the scat of government, at such .tiiucs as the Jjegislature may prescribe. 758 Constitution of Mississippi, 1868, § 8. Immediately upon the first appointment of Judges as aforesaid, the Governor, in the presence of, and with the assistance of, the Presi- dent of the Senate and Secretary of State, shall determine, by lot, which of said Judges shall serve for the term of three years, and which shall serve for the term of six years, and which shall serve for the term of nine years ; and it shall he the duty of the Governor to issue commission accordingly. § 9. No Judge of said court shall sit on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, except by the consent of the Judges and of the parties, and whenever a quorum of said court are situated as aforesaid, the Governor of the State shall, in such cases, especially commission two or more men of law knowledge for the determination thereof. § 10. The Judges of said court shall receive for their services a com- pensation to be fixed by law, which shall not be diminished during their continuance in office. § 11. The Judges of the Circuit Court shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold their office for the term of six years. § 12. No person shall be eligible to the ofBce of Judge of the Cir- cuit Court who shall not, at the time of his appointment, have attained the age of twenty-six years, and shall have been two years a citizen of the State. § 13. The State shall be divided into convenient judicial districts. § 14. Circuit Courts shall have original jurisdiction in all matters, civil and criminal, within this State ; but in civil cases only, when the principal of the amount in controversy exceeds $150. § 15. A Circuit Court shall be held at least twice in each year, and the Judges of said courts may 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 dimin- ished during their continuance in office. § 16. Chancery Courts shall be established in each county in the State, with full jurisdiction in all matters of equity, and of divorce and alimony; in matters testamentary, and of administration in minor's business, and allotment of dower, and in cases of idiocy, lunacy, and persons non compotes mentis. § 17. The Legislature shall divide the State into a convenient num- ber of Chancery Districts, to be composed of not more than four coun- ties. Chancellors shall be appointed in the same manner as the Judges of the Circuit Courts. Their qualifications shall be regulated by law, and they shall hold their office for the term of four years. Constitution of Mississippi, 1868. 759 They shall hold a court in each county at least four times in each year, and shall receive such compensation as may be provided by law. § 18. The style of all process shall be, " The State of Mississippi," and ail prosecutions shall be carried on in the name and by the authority of " The State of Mississippi," and shall conclude " against the peace and dignity of the same." § 19. The Clerk of the Supreme Court shall be appointed by said court for the term of four years, and the Clerk of the Circui,t Court and the Clerk of the Chancery Court, shall be elected by the qualified voters of their several counties, and shall hold their office for the term of four years, and the Legislature shall provide by law what duties shall be performed by the Clerks of the Circuit and Chancery Courts, during vacation, subject to the approval of the court. § 20. The qualified electors of each county shall elect five persons, by districts, for the term of two years, who shall constitute a Board of Supervisors for each county, a majority of whom may transact busi- ness, which body shall have full jurisdiction over roads; ferries, and bridges, and shall order all county elections, to fill vacancies that may arise in the offices of their respective counties, and perform such other duties as shall be provided by law. The Clerk of the Chancery Court of each county shall be the Clerk of such Board of Supervisors. § 21. 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 vacancies that may occur in said Board shall be supplied by election as aforesaid, to the unexpired term. § 22. Judges of all the cOurts of this State, and all other civil offi- cers, shall, by virtue of their office, be conservators of the peace, and shall be, by law, vested with ample powers in that respect. § 23. A competent number of Justices of the Peace and Constables shall be chosen in each county, by the qualified electors thereof, by districts, who shall hold their office for the term of two years. The jurisdiction of JTustices of the Peace shall be limited to causes in which the principal of the amount in controversy shall not exceed the sum of 8150. In all causes tried by a Justice of the Peace, the right of appeal shall be secured, under such rules and regulations as shall be prescribed bylaw. § 24. The Legislature shall, from time to time, establish such other inferior courts as may be necessary, and abolish the same whenever they shall deem it expedient. § 25. There shall be an Attorney-General elected by the qualified electors of tlie State, and a competent number of District Attorneys 760 Constitution of Mississippi, 1868. shall be elected by the qualified electors of the respective districts, whose term of service shall be four years, and whose duties and com- pensation shall be prescribed by law. § 26. Clerks, Sherifis and other county officers, for willful neglect, of duty or misdemeanor in office, shall be liable to presentment or indict- ment by grand jury, and trial by petit jury, and upon conviction shall be removed from office. AETICLE VII. FBAKCHISE. Sectiok 1. All elections by the people shall be by ballot. § 2. All male inhabitants of this State, except idiots and insane per- sons, and Indians, not taxed, citizens of the United States or natu- ralized, twenty-one years old and upward. Who have resided in this State sil months and in the county one month next preceding the day of election, at which said inhabitant offers to vote, and who are duly registered according to the requirements of section three of this article, and Who are not disqualified by reason of any crime, are declared to be qualified electors.' § 3. The Legislature shall provide, by law, fox the registration of all persons entitled to vote at any election, and all persons entitled to register shall take and subscribe to the following oath or affirmation : " I, , do solemnly swear (or affirm), in the presence of Almighty God, that I am twenty-one years old; that I have resided in this State six inonths, and in -: county one month ; that I will faithfully support and obey the Constitution and laws of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same ; that I am not disfranchised in any of the provisions of the acts known as the KdconStruction Acts of the 39th and 4;0th Congress, and that I admit the political and civil Equality of all men : so help me God:" Proiitded, That if Congress shall, at any time, remove the disabilities of any person disfranchised in the said Eeconstruction Acts of the said 39th and 40th Congress (and the Legislature of this State shall concur therein), then so much of this oath, and so much only, as refers to the said Eeconstruction Acts, shall not be required of such person, so pardoned, to entitle him to be registered. 1 The Conetitntional Convention, on the 13th of March, 1868, passed the following ordinance for the protection pf voters : . "Section 1. That no conliacts shall be valid which, in any manner, aoridge or affect the right of franchise of either party ; and any person or persona demanding such conditions shall, upon conviction thereof before any court having competent jurisdiction, he disfranchised for the term of five years, and pay a fine qf not less than five hundred dollars. " Sec. 8. Whoever shall dismiss ttom employment any person or persons for having exercised the right of franchise, or for offering to exercise such right, shall, on conviction, be. fined not less than tWo hundred and fifty dollars,- andbe disfranchised for the term ol fiv&y«ars," GoNSTiTVTioJtr OF MISSISSIPPI, 1868. 761 § 4. No person shall be eligible to any oflBce of profit or trust, or to any oflBce in the militia of this State, who is not a qualified elector. § 5. No person shall be eligible to any ofBoe of profit or trust, civil or military, in this State, who, as a member of the Legislature, voted for the call of the Convention that passed the Ordinance of Secession, or who, as a delegate to any Convention, voted for or signed any Ordi- nance of Secession, or who gave voluntary aid, countenance, counsel or encouragement to persons engaged in armed hostility to the United States, or who accepted or attempted to exercise the functions of any oflSce, civil or military, under any authority or pretended government, authority, power, or Constitution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this Convention, or who have continuously advocated the assem- bling of this Convention, and shall continuously and in good faith advocate the acts of the same; but the Legislature may remove such disability : Provided, That nothing in this section, except voting foj or signing the Ordinance of Secession, shall be so construed as to exclude from ofl&ce the private soldier of the late so-called Confeder- ate States army. § 6. In time of war, insurrection or rebellion, the right to vote, at such place and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States or this State ; Pro- vided, Said votes be made to apply in the county or precinct wherein they reside. ARTICLE VIII. SCHOOL EUKDS, EDTJCATIOJT AND SCIEITCE. Sectiok 1. As the stability of a republican form of government depends mainly upon the intelligence and virtue of the people, it shall be the duty of the Legislature to encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improve- ment, by establishing a uniform system of free public schools, by taxa- tion or otherwise, for all children between the ages of five and twenty- one years, and shall, as soon as practicable, establish schools of higher grade. § 3. There shall be a Superintendent of Public Education elected at the same time and in the same manner as the Governor, who shall have the qualification of the Secretary of State, and hold his oflBce for four years, and until his successor shall be elected and qualified, whose duties shall be the general supervision of the common schools and the educational interests of the State, and who shall perform such other 96 762 Constitution of Mississippi, 1868. duties pertaining to his office, and receiTe such compensation as shall be prescribed by law ; he shall report to the Legislature, for its adop- tion, within twenty days after the opening of its first session under this Constitution, a uniform system of free public schools. § 3. There shall be a Board of Education, consisting of the Secre- tary of State, the Attorney-General, and the Superintendent of Public Education, for the management and inTestment of the school funds, under the general direction of the Legislature, and to perform such other duties as may be prescribed by*law. The Superintendent and one other of said Board shall constitute a quorum. ' v § 4. There shall be a Superintendent of Public Education in each county, who shall be appointed by the Board of Education, by and with the adyice and consent of the Senate, whose term of office shall be two years, and whose compensation and duties shall be prescribed by law : Provided, That the Legislature shall have power to make said office of county school superintendent of the several counties elective as other county officers are. § 5. A public school or schools shall be maintained in each school district at least four months in each year. Any school district neg- lecting to maintain such school or schools shall be deprived for that year of its proportion of the income of the free-school fund, and of all funds arising from taxes for the support of schools. § 6. There shall be established a common school fund, which shall consist of the proceeds of the lands now belonging to the State, here- tofore granted by the United States; and of the lands known as " swamp lands," except the " swamp lands " lying and situated on Pearl river, in the counties of Hancock, Marion, Lawrence, Simpson and Copiah ; and of all lands now or hereafter vested in the State by escheat,, or purchase, or forfeiture for taxes ; and the clear proceeds of all fines collected in the- several counties for any breach of the penal laws ; and all moneys received for licenses granted under the general laws of the State for the sale of intoxicating liquor, or keeping of dram-shops ; all moneys paid as an equivalent for persons exempt from military duty ; and the funds arising from the consolidation of the Congressional township funds, and the lands belonging thereto, together with all moneys donated to the State for school purposes; which funds shall be securely invested in United States bonds, and remain a perpetual fund, which may be increased but not diminished, the interest of which shall be inviolably appropriated for the support of free schools. § 7. The Legislature may levy a poll-tax not to exceed two dollars a head in aid of the school fund, and for no other purpose. Constitution of Mississippi, 1868. 763 § 8. The Legislature shall, as soon as practicable, provide for the establishment of an agricultural college or colleges ; and shall appro- priate the 210,000 acres of land donated to the State for the support of such a college, by the act of Congress passed July 2, A. D. 1865, or the money or scrip, as the case may be, arising frOm the sale of said lands or any lands which may hereafter be granted or appropriated for such purpose. § 9. No religious sect or sects shall ever control any part of the school or university funds of this State. § 10. The Legislature shall, from time to time, as may be necessary, provide for the levy and collection of such other taxes as may be required to properly support the system of free schools herein adopted ; and all school funds shall be divided pro rata among the children of school age. AKTICLB IX. MILITIA. Section 1. All able-bodied male citizens of this State between the ages of eighteen and forty-five years shall be liable to military duty in the militia of this State, in such manner as the Legislature shall pro- vide, not incompatible with this Constitution and the Constitution and laws of the United States. § 2. The Legislature shall provide for the organizing, arming, equip- ping and discipline of the militia, and for paying the same when called into active service. § 3. It shall be the duty of the first Legislature to make such laws as shall be necessary to immediately create an effective militia in this State. § 4. All of&cers of militia, except non-commissioned officers, shall be appointed by the Governor, by and with the consent of the Senate ; and shall be chosen for their military knowledge, their experience in arms, and their fidelity and loyalty ; and no commissioned officer shall be removed from office except by the Senate, on recommendation of the Governor, stating the gi'ounds on which such removal is recom- mended, or by the decision of a court-martial, pursuant to law, or at his own request. § 5. The Governor shall be commander-in-chief of the militia, except when it is called into the service of the United States ; and shall have power to call forth the militia to execute the laws, repel invasion, and to suppress riots and insurrections. § 6. The Governor shall nominate, and, by and with the consent of the Senate, commission, one major-general for the State, who shall be a 764 Constitution of Mississippi, 1868. citizen thereof; and also one Brigadier-General for each Congressional district, who shall be a resident of the district for which he shall be appointed; and each district shall constitute a militia division. § 7. The Adjutant-General, and other staff oflicers to the Comman- der-in-Chief, shall be appointed by the Goyernor, and their appoint- ment shall expire with the GoTernor's term of office. § 8. The militia shall be exempt from arrest during their attend- ance on musters, and in going to and returning from the same, except in case of treason, felony, or breach of the peace. AKTICLE X. IKTBBHAL IMPKOVEMEKTS. Section- 1. The Legislature, at its first regular session after the adoption of this Constitution, shall provide for the organization of a board of public works, prescribe its duties, fix the compensation of its members, and all officers employed upon public works in the State. ARTICLE XL APPOETIONMEKT. Sectiok 1. Until the first enunieration and a new apportionment shall be made as provided and directed in this Constituiion, the appor- tionment of Senators and Eepresentatives among the several counties and districts in this State shall be as follows : 1st. The county of "Warren, five Representatives. 2d. The counties of Hinds and Lowndes, each four Representa- tives. 3d. The counties of Adams, Carroll, De Soto, Holmes, Madison, Marshall, Monroe, Noxubee, Washington, and Yazoo, each three Representatives. 4th. The counties of Attala, Chickasaw, Choctaw, Claiborne, Copiah, Jefferson, Lafayette, Lauderdale, Pontotoc, Oktibbeha, Panola, Tippah, Wilkinson, Yalobusha, Tishomingo, and Rankin, each two Representatives. 5th. The counties of Amite, Bolivar, Calhoun, Clarke, Franklin, Issaquena, Itawamba, Jasper, Kemper, Lawrence, Leake, Lee, Pike, Sunflower, Scott, Tallahatchie, Winston, Simpson, Coahoma, Tunica, Newton, Neshoba, Covington, Smith, Wayne, Davis, Greene, Jackson, Hancock, Marion, Harrison, and Perry, each one Representative. § 2. 1st. The counties of Hancock, Harrison, Jackson, Manon, Greene, and Perry, shall form the First District, and elect one Senator. 2d. The counties of Wilkinson and Amite, the Second District, and one Senator Constitution of Mississippi, 1868. 765 3d. The counties of Pike, Lawrence, and CoTington, the Third District, and one Senator. 4th. The county of Adams, the Fourth District, and one Senator. 5th. The counties of Franklin and Jefferson, the Fifth District, and one Senator. 6th. The counties of Claiborne and Copiah, the Sixth District, and one Senator. 7th. The counties of "Warren and Issaquena, the Seventh District, and two Senators. 8th. The counties of Hinds, Eaukin, and Simpson, the Eighth Dis- trict, and two Senators. 9th. The counties of Davis, Jasper, Clarke, and Wayne, the Ninth District, and one Senator. 10th. The counties of Lauderdale and Kemper, the Tenth District, and one Senator. 11th. The counties of Newton, Smith and Scott, the Eleventh Dis^ trict, and one Senator. 12th. The county of Madison, the Twelfth District, and one Senator. 13th. The county of Yazoo, the Thirteenth District, and one Senator. 14th. The counties of Washington and Sunflower, the Fourteenth District and one Senator. 15th. The county of Holmes, the Fifteenth District, and one Senator. 16th. The counties of Attala, Leake, and Neshoba, the Sixteenth District, and one Senator. 17th. The county of Noxubee, the Seventeenth District, and one Senator. 18th. The counties of Lowndes and Oktibbeha, the Eighteenth Dis- trict, and two Senators. 19th. The counties of Choctaw and Winston, the Nineteenth Dis- trict, and one Senator. 30th. The county of Carroll, the Twentieth District, and one Senator. 31st. The counties of Calhoun and Yalobusha, the Twenty-first District, and one Senator. 22d. The counties of Chickasaw and Monroe, the Twenty-second District, and two Senators. 33d. The counties of Bolivar, Coahoma, and Tunica, the Twenty- third District, and one Senator. 24th. The counties of Panola and Tallahatchie, the Twenty-fourth District, and one Senator. 766 Constitution of Mississippi, 1868. 25th. The county of De Soto, the Twenty-fifth District, and one Senator. aeth. The county of Marshall, the Twenty-sixth District, and one Senator. 27th. The counties of Lafayette and Pontotoc, the Twenty-seventh District, and one Senator. 38th. The counties of Tishomingo and Itawamba, the Twenty- eighth District, and one Senator. 29th. The counties pf Tippah and* Lee, the Twenty-ninth District, and one Senator. AETICLE XIL GENEKAL PROVISIONS. Sectios- 1. The political year of the State of Mississippi shall com- mence on the first Monday of January in each year, and the general election shall be holden on the first Tuesday succeeding the first Monday in November, biennially. § 2. The Legislature shall pass laws to exclude from office and from suffrage those who shall hereafter be convicted of bribery, pequry, forgery, or other high crimes or misdemeanors; and every person shall be disqualified from holding any office, or place of honor, profit, or trust under the authority of this State, who shall be convicted of having given or offered any bribe to procure his election or appoint- ment. § 3. No person who denies the existence of a Supreme Being shall hold any office in this State. § 4. The Legislature shall provide by law for the indictment and trial of persons charged with the commission of any felony, in any county other than that in which the offense was committed, whenever, owing to prejudice, or any other cause, an impartial grand or petit jury cannot be impanelled in the county in which the offense was committed. § 5. The credit of the State shall not be pledged or loaned in aid of any person, association, or corporation ; nor shall the State hereafter become a stockholder in any corporation or association. § 6. The term of office of all county, township, and precinct officers shall expire within thirty days after this Constitution shall have been ratified, and the Governor shall, by and with the advice and consent of the Senate, thereafter appoint such officers, whose term of office shall continue until the Legislature 'shall provide, by law, for an elec- tion of said officers : Provided, The present incumbents of all county, township, district, and beat offices shall hold their respective offices Constitution of Mississippi, 1868. 767 until their successors are legally appointed or elected and duly qualified. § 7, la all cases not otherwise provided for in this Constitutioii, the Legislature may determine the mode of filling all vacancies in all oflBces, and shall define their respective powers, and provide suitable compensation for all ofiBcers. § 8. The Legislature, at its first session, shall provide by law for the sale of all delinquent tax lands. The courts shall apply the same liberal principles in favor of such titles as in sale by execution. § 9. N'o laws of a general feature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof. § 10. It shall be the duty of the Legislature to regulate, by law, the cases in which deductions shall be made from salaries of public oflft- cers for neglect of duty in their official capacity, and the amount of said deduction. § 11. .The Legislature, at its first session under this Constitution, shall have authority to designate, by law, such loyal paper or papers, in each Circuit Court district, as shall publish all legal advertising, and such official printing as shall be recfuired by law, in such Circuit Court district, and fix the compensation therefor. § 12. No corporate body shall hereafter be created, renewed, or extended, with the privilege of making, issuing or putting in circula- tion, any notes, bills, or other paper, or the paper of any other bank, to circulate as money ; and the Legislature shall prohibit, by law, individuals or corporations from issuing bills, checks, tickets, promis- sory notes, or other papers, as money. But nothing herein contained shall be construed as preventing corporations or associations from forming for such purposes under the acts of Congress for a national system of banking. § 13. The property of all corporations for pecuniary profits shall be subject to taxation, the same as that of individuals. § 14 The Legislature shall not authorize any county, city, or town to become a stockholder in, or to loan its credit to any company, asso- ciation, or corporation, unless two-thirds of the qualified voters of such county, city, or town, at a special election, or regular election, to be held therein, shall assent thereto. § 15. The Legislature shall never authorize any lottery, nor shall the sale of lottery tickets be allowed, nor shall any lottery heretofore authorized be permitted to be drawn, or tickets therein to be sold. § 16. No county shall be denied the right to raise, by special tax, money sufficient to pay for the building and repairing of court-houses, jails, bridges, and other necessary conveniences for the people of the 768 Constitution of Mississippi, 1868. county ; and money thus collected shall never be appropriated for any other purpose : Provided, The tax thus levied shall be a certain per cent on all tax levied by the State. § 17. Liabilities of banks, associations, and other corporations, shall be secured by legislative enactments ; but in all cases no stockholder shall be individually liable over and above the stock by him or her otrned, unless so specified in the articles of association or act of incor- poration. § 18. All lands sold in pursuance' of decree of courts or execution shall be divided into tracts not to exceed 160 acres. § 19. Eeturns of all elections by the people shall be made to the Secretary of State in such manner as may be prescribed by law. § 30. 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 lav. § 21. The State of Mississippi shall never assume nor pay any debt or obligation contracted ■ in aid of the rebellion, nor shall this State ever in any manner claiin from the United States, or make any allow- ance or compensation for slaves emancipated or liberated in any way whatever since the 9th day of January, 1861. § 23. All persons who have, not been married, but are now living together, and cohabiting as husband and wife, shall be taken and held, for all purposes in law, as married, and their children, whether born before or after the ratification of this Constitution, shall be legitimate, and the Legislature may, by law, punish adultery and concubinage. § 33. There shall be a Commissioner of Immigration and Agricul- ture, who shall be elected by the Legislature on joint ballot, who shall hold his ofl&ce for the term of four years, unless sooner removed by law. § 34. The next Legislature shall have power to repeal statutes of limitation, pass relief, stay injunction, insolvent and homestead laws, and to pass any and every act deemed necessary for the relief of debtors, subject only to the restrictions imposed by the Constitution of the United States. § 35. Eepresentatives in Congress to fill the existing vacancies shall be elected at the same time this Constitution is submitted to the electors of the State for ratification, and for the full term next suc- ceeding their election, and thereafter elections for Representatives in Congress shall be held biennially. The first election shall be held on the first Tuesday after the first Monday in November preceding the expiration of said full term. § 36. Members of the Legislature, and all other oflBcers elected or appointed to any office in this State, shall, before entering upon the Constitution of Mississippi, 1868. 769 discharge of the duties thereof, take and subscribe the following oath of office : OATH OF OFFICE. " I, , do solemnly swear (or affirm) that I will faith- fully support, and true allegiance bear the Constitution of the United States, and the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding office by the Constitution of the United States or the State of Mississippi; that I have never, as a member of any Convention, voted for or signed any ordinance of secession ; that I have never, as a member of any State Legislature voted for the call of any Convention that passed any such ordinance ; that I will faithfully discharge the duties of the office upon which I, am about to enter : so help me God." § 27. It shall be the duty of the Legislature to provide by law for the support of institutions for the education of the deaf, dumb, and blind, and also for the treatment and care of the insane. § 38. The Legislature shall provide houses of refuge for the correc- tion and reformation of juvenile offenders. § 39. 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 sympathy and aid of society. AKTICLE XIIL OEDHfANCE AKD SCHEDULE. Mode of Revising the Constitution. Whenever two-thirds of each branch of the Legislature shall deem any change, alteration, or amendment necessary to this Constitution, such proposed change, alteration, or amendment, shall be read and passed by a two-thirds vote of each House respectively on each day for three several days ; public notice shall then be given by the Secretary of State at least three months preceding the next general election, at which the qualified electors shall vote directly for or against such change, alteration, or amendment ; and if more than one amendment shall be submitted at one time, they shall be submitted in such manner and form that the people may vote for or against each amend- ment separately ; 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 : Provided, That no amendment which may be made prior to the year one thousand eight hundred and eighty-five, shall in any manner affect the eighteenth section of the bill of rights. 97 770 Constitution of Mississippi, 1868. sohedttle. Section 1. The ordinance of secession of the State of Mississippi, passed January 9, 1861, is hereby declared to be null and void. The present and all previous Constitutions of the State of Mississippi are hereby declared to be repealed and annulled by this Constitution. § 2. All laws now in force in this State, not enacted in furtherance of secession and rebellion, and not repugnant to this Constitution, shall continue in operation , until they 'shall expire- by their own limitation, or be altered or repealed by the Legislature, except the hereinafter mentioned laws, to wit : " An act to change the name of the county of Jones, and for other purposes," approved December 1, A. D. 1865. " An act to establish a ferry across the Mississippi river at Vicks- burg," approved Jfovember 39, A. D. 1865. "An act to provide for the removal and location of the seat of justice of Scott county," approved November 8, A. D. 1865. "An act supplemental to an act entitled ' An act to provide for the removal and location of the seat of justice of Scott county,' approved November 8, 1865," approved December 1, A. D. 1865. § 3. The Legislature shall provide for the removal of causes now pending in the courts of this State to courts created by or under this Constitution. OBDlNAKCE. § 4. Immediately upon the adjournment of this Convention this Constitution shall be submitted for ratification to the registered voters of the State, in conformity with the acts of Congress, passed March 3, 1867, entitled " An act to provide for the more efficient government of the Eebel States," and the acts supplementary thereto. § 5. The election for the ratification of this Constitution shall com- mence on the 22d day" of June, A. D. 1868, and be held at such places, and shall continue such time, as the Commanding General of the Fourth Military District may direct, and the polls shall be kept open ■ from eight o'clock A. M. until seven o'clock, p. m. each day. At said election all those in favor of ratifying the Constitution, shall have written or printed on their ballots the words, " For Constitution ;" and those opposed to the ratiflc.ation of the same shall have written or printed on their ballots the words, " Against Constitution ;" but no person 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. § 6. In order to establish a civil government as required by the act df Congress, approved March 2, 1867, and the acts supplementary Constitution of Mississippi, 1868. 771 thereto, an election shall be held at the same time and place at which the Constitution is submitted for ratification, for all State oflBcers, including members of the Legislature and for Eepresentatives in Congress, at which election the electors who are qualified under the reconstruction acts of Congress shall Tote, and none other. § 7. The Committee of Five appointed under the authority of this Convention shall appoint three Commissioners of Election for each county, whose duty it shall be to attend the election for the ratification or rejection of the Constitution, who shall also, at the same time and place, attend the election for all officers and Eepresentatives herein ordered, and be present at the counting of the votes, and forward the result of the same to the chairman of said committee within three days thereafter. § 8. The Legislature elected under this Constitution shall hold its first session in the Capitol, in the city of Jackson, on the second Monday after the official promulgation of the ratification of this Constitution, and shall proceed immediately upon its organization to vote upon the adoption of the Fourteenth Amendment to the Constitu- tion of the United States, proposed by Congress, and passed June 13, 1866. Said Legislature shall not have power to enact any laws relative to the per diem of members, nor on any other subject, after organization, until said constitutional amendment shall have been adopted. § 9. The first term of all civil officers elected at the same time this Constitutipn is submitted for ratification or rejection, shall commence on the second Monday after their election shall have been officially promulgated, and shall continue to hold from said time until the expiration of the first full term succeeding the election. § 10. The Commissioners of Election herein provided for shall receive the same compensation per day, while in attendance upon elections, and allowances for transportation (when actual disburse- ments have been made) as Eegistrars, and shall be paid out of any funds in the State treasury to the credit of the Convention fund, upon the certificate of the chairman of said Committee of Five. § 11. The Committee of Five appointed by this Convention is hereby authorized and empowered to adjust all outstanding accounts against the same, and certify to their correctness, and the Auditor of Public Accounts shall issue his warrant in payment thereof. § 13. When this Convention adjourns it shall be subject to the pall of the Committee of Five appointed by this Convention : Provided, That should the Constitution be ratified, this Convention shall there- after be deemed adjourned sine die, but in case the Constitution 772 Constitution of Mississippi, 1868. should not be ratified, then the Convention may be reconyened by said committee. § 13. Said Committee shall have authority to employ a clerk and to enforce the collection of the taxes levied by the several ordinances of this Convention, and to perform any and all duties appertaining to the same. § 14. The members of the Committee of Five appointed by this Con- vention, and the clerk thereof, shaU receive the same compensation as the members of the Convention. § 15. If any candidate receiving the highest number of votes cast cannot take the oath of office prescribed in this Constitution, then, and in that case, the candidate receiving the next highest vote shall be entitled to enter upon and perform the duties of the office upon taking and subscribing to said oath. B. B. EGGLESTON, President, Attest : and Delegate from Lowndes County. Thad. p. Seaks, Secretary. List of DbiiEOATes who Sionbd tse Constitutioit. A. Alderson, Jeflferson county. Robert J. Alcorn, Yalobusha county. Horatio N. Ballard, Desoto county. H. W. Barry, Holmes county. Charles W. Beam, Franklin county. Peres Bonney, Pike county. N. B. Bridges, Choctaw county. John C. Brinson, Ban kin county. C. Caldwell, Hinds county. Edward J. Castello, Adams county. Carlos Chapman, Covington coiinty. N. J. Chappell, Noxubee county. Charles W. Clarke, Yazoo county. S. C. Conly, Attala county. W. T. Combash, Washington county. W. Ben. Cunningham, Madison county. A. S. Dowd, Coahoma county. Amos Draine, Madison county. John Elliott, Itawamba county. James Elliott, Monroe county. John Pawn, Washington county. Chas. W. Pitzhugh, Wilkinson county. W. H. Gribbs, Wilkinson county. Emanuel Handy, Copiah county. Jerre Hauser, Kemper county. J. Lewellen Herbert, Monroe county. G. H. Holland, Choctaw county. A. R. Howe, Panola county. W. A. Hutto, Neshoba county. Henry P. Jacobs, Adams county. A. J. Jamison, Chicasaw county. A. Johnson, Warren county. J. H. Kerr, Calhoun county. M. H. Lack,, Scott county. W; Lawson, Lawrence county. Benjamin Leas, Warren county. WUliam Leonard, Yazoo county. Henry M^'yson, Hinds county. H. Mask, Tishomingo county. H. Musgrove, Clarke county. J. Aaron Moore, Lauderdale county. A. T. Morgan, Yazoo county. Cyrus Myers, Rankin county. A. Mygatt, Warren county. George C. McKee, Warren county. W. V. MoKnight, Jasper county. M. T. Newsom, Claiborne county. W. D. Nesbit, De Soto county. Jason Niles, Attala county. TJ. Ozanne, Panola county. Frederick Parsons, Adams county. J. R. Parsons, Hinds county. E. A. Peyton, Hinds county. S. H. Powell, Noxubee county. D. N. Quinn, Sunflower county. Jehiel Railsback, Bolivar county. Jared Richardson, Winston countj'. Isbam Stewart, Noxubee county. Constitution of Mississippi, 1868. 77B Doctor Stiles, Washington county. George Stoyall, Carroll county. Thomas W. Stringer, Warren county. Edward H. Stiles, Claiborne county. E. B. Smith, Chickasaw county. H. P. Toy, Issaquena county. Henry W. Warren, Leake county. James Weir, Oktibbeha county. D. MoA. Williams, Holmes county. J. B. Woodmansee, Monroe county. William Yeoman, Wayne county. MISSOURI. Missouri was included in the Louisiana purchase of April 30, 1803, and under its former government settlements existed at New Madrid, Cape Qirardeau, Ste Grenevieve, and St. liouis, which were chiefly supported by Indian trade. . On the 26th of March,' 1804, this region was included in the " District of Louis- iana," which embraced all of the Louisiana purchase north of the present State of this name, and west of the Mississippi river, and was placed temporarily under the jurisdiction of the Governor and Judges of Indiana Territory. On the 3d of March, 1805, it was formed into a separate Territory, of the first grade, under a Gkjvernor and three Judges, who possessed legislative powers, and were appointed by the President and Senate. On the 9th of June, 1812, upon the formation of the State of Louisiana, the name of this Territory was changed to Missov/ri, and a Territorial General Assembly, consisting of a Legislative Council and a House of Representatives, was authorized. The former was composed of nine members, appointed by the President and Senate, for five years, out of a list of eighteen nominated by the Representatives, and holding office five years. The Representatives were elected for two years, and were at first thirteen in number, but their number might be increased with the growth of population, one being allowed for every five hundred free white males, until their number amounted to twenty-five, after which their number and proportion was to be fixed by the General Assem- bly. The Territory was entitled to one Delegate in Congress. On the 29th of April, 1816, the people were allowed to elect one member of the Legislative Council from each county for a term of two years, the sessions of •the General Assembly were changed from annual to biennial, and the place of their meeting was fixed at St. Louis. Petitions from sundry inhabitants for the admission of Missouri as a State, were presented in Congress March 16, 1818, which were referred to a select com- mittee, and on the 3d of April, this committee reported a bill embodying the views of the petitioners, but made no progress beyond reference to the Commit- tee of the Whole, during that session. A petition from the Territorial Legisla- ture, asking for a State government, was received in Congress December 18, 1818, which was referred to the Committee on Territories. On the 13th of February, 1819, the House went into Committee of the Whole and took up the bill upon this subject, and several amendments were adopted on the 15th, the most impor- tant of which, moved by General James TaUmadge, of New York, was as follows : "ATid pi-omded, also. That the further introduction of slavery or involuntary servitude be prohibited, except for the punishment of crimes, whereof the party shall have been duly convicted ; and that all children of slaves, bom within the said State, after the admission thereof into the Union, shall be free, but may be held to service until the age of twenty-five years." This amendment was adopted by a vote of 87 to 76, upon that part ending with the word " convicted," and upon the residue, by a vote of 82 to 78. In this form it was referred back to the House, and on a third reading it passed, as amended, by a vote of 98 to 56. In the Senate, the latter part of thQ amendment was stricken out, by a vote of 27 to 7, and on the remainder, the vote for striking out was 22 to 16. Upon being referred back to the House, they refused to concur, by a vote of 69 to 74, and so the bill was lost. 776 Missouri. The southern part of Missouri Territory, not included in the proposed State, was erected, March 2, 1819, into the "Territory of Arkansas." While this bill was under consideration, Mr. Taylor, of New York, moved that an amendment be added permitting slaves born therein to be free at the age of twenty-five, which was carried (Feb. 17th) by a vote of 75 to 73, but the next day it was repealed, and the bill passed without any allusion to slavery. A memorial of the Missouri Territorial Legislature was again presented in the Senate, December 29, 1819, and during the discussions upon the bill introduced at this session the subject of slavery -restriction enlisted the energies of both parties, both in and out of Congress, and led to the most vehement and earnest debates. The Legislatures of New York, New Jersey, Delaware, Indiana and Pennsylvania passed resolves in favor of restriction, and those of Virginia, Maryland and Kentucky against it. An attempt was made to associate the question of the admission of Maine with that of Missouri, so as to render the success of the former dependent upon the admission of the latter without restrictions. At length the following amendment was introduced, February 17th, by Mr. Thomas, of Illinois, and was finally adopted. It afterward became known as the " Missouri Oompromise." "And be it further enacted. That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of 36° 30' north latitude, excepting only such part thereof as is included within the limits of the State contemplated by this act, slavery and involuntary servitude otherwise than in the punishment of crime whereof the party shall have been duly con- victed, shall be and is hereby forever prohibited : Provided always, That any per- son escaping into the same, from where labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid." This provision was finally sustained by a vote of 33 to 11 in the Senate, and of 134 to 42 in the House, and the bill allowing the inhabitants of Missouri to form a State government became a law March 6, 1820. The limits of the proposed State were to be : the Mississippi river on the east, the Territory of Arkansas on the south, a meridian passing through the middle of the Kansas river at its mouth on the west, and the Des Moines river, from its mouth up to a parallel of latitude passing through the rapids of that river, on the north. An election of Delegates was held in May, 1820 ; the Convention met at St. Louis June 12th, and, on the 19th of July, agreed upon a Constitution and an ordinance consenting to the conditions of the act of Congress of March 6, 1820. This Constitution was duly ratified by the people. A joint resolution of Congress was approved March 2, 1821, providing for the admission of Missouri, upon condition that the Legislature of that State should, by a solemn public act, declare its assent to a stipulation that the Constitution should never be construed to authorize the passage of any law by which any citizen of either of the States shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitu- tion of the United States, under the following clause of Section 26, Article IH, viz. : " The General Assembly . . . shall have power to pass laws ; . . . 4. To permit the owner of slaves to emancipate them, saving the right of cred- itors, where the person so emancipating will give security that the slave so emancipated shall not become a public charge." This condition was accepted June 26, 1821, and on the 10th of August, 1821, the President issued a proclamation declaring her admission as a State complete, according to law. Missouri. 777, On the 16th of March, 1822, an act -was passed to proyide for the due execution of the laws of the United States within the.State of Missouri. As first established, the State was bounded on the west by a meridian passing through the mouth of the Kansas river. An act was approved June 7, 1837, extending the boundary to the Missoui-i river, north of its intersection with this line, whenever the Indian title to this portion should be extinguished, and the State express its assent to the change. The Indian title was extinguished by a treaty with the loways. Sacs and Foxes, concluded at Fort Leavenworth, Sep- tember 17, 1836, and ratified February 15, 1837. This addition, known as the "Platte Purchase," was sanctioned by the State December 16, 1836, and was declared perfected by a proclamation of the President, March 28, 1837. The question of revising the Constitution of Missouri came under discussion in 1844, and at an election h^ld in October of that year, three-fourths of the voters approved of a Convention. Delegates were accordingly chosen, and a Convention assembled in Jefierson city on the 17th of November, 1845, "and adjourned on the 14th of January, 1846. The results of their labors were sub- mitted to the people on the 3d of August, 1846, and were rejected by a vote of 25,215 to &3,675. The boundary line between Missouri and Arkansas was confirmed by an act of Congress, approved on the 15th of February, 1848. On the north, the bound- ary was many years, in controversy with Iowa, and several acts were passed by Congress for its survey, but without acceptance by the States concerned. The question was finally referred, on the 4th of August, 1846, to the Supreme Court of the United States, and was settled by them at the January Term in 1849. A survey was ordered in accordance with the decision of this opurt, and the line, thus ascertained and marked, was confirmed by this authority in December 1850.' No further call for a Convention to amend the Constitution of Missouri was made until 1861, although changes were introduced by the Legislature, in the manner provided in the Constitution, in 1822, 1834-5, 1848-9, 1851-2, 1852-3, 1854r-5, and 1860-1. When the war of the rebellion began, the Governor of Missouri (C. F. Jackson) proved to be in sympathy with secession, and a strong eifort was made to carry this State with the South. The Legislature voted, on the 16th of January, 1861, to call a Convention, which was elected, and met on the 28th of February, 1861 ; but that body proved to be in favor of remaining in the Federal Union, and refused to secede therefrom. It remained in existence by adjournments until the 1st of July, 1863. In October, a remnant of the Legislature who adhered to the fortunes of the rebellion, were assembled by Governor Jackson at Neosho, and went through the farce of secession. The Constitutional quorum of the Legislature was 67 members in the House and 17 in the Senate ; but at the session at Neosho, there were present but 35 of the former, and 10 of the latter. A few days after they were joined by five other members and one Senator, which was the nearest approach made to a quorum in either House. Nevertheless, persons claiming to have been elected, appeared to represent Missouri in the Confederate Congress in December, 1861, and the shadow of a State government in sympathy with the rebellion, continued for some time after. The question of holding a Convention was submitted to the people early in 1864, and approved by a vote of 63,504 to 25,711. An act was accordingly passed on the 13th of February, 1864, for the choice of Delegates at the next November 1 MlsBonri ». Iclwa, 1 How. (0. S.)660; laid. 1. 98 778 Missouri. election, to meet on the 6th of January, 1865, to consider, first, such amend- ments as might he deemed necessary in reference to emancipation ; and, secondly, as to such measures as might be found proper to preserve the purity of the franchise to loyal citizens, l^hey were also authorized to offer such other amend- ments as might be deemed necessary for the public good. This Convention met at St. Louis on the 6th of January, 1865, and completed their labors on the 10th of April of that year. The Convention consisted of 65 members, of whom 39 signed the Constitution, 13 voted no, 6 were absent on leave, 5 absent without leave, and 2 were absent from sickness, when the vote was taken. The Constitution was ratified by the people at an election held on the 6th of June, 1865, by a vote of 43,670 to 41,808, %nd was proclaimed by Governor Fletcher on the 1st of July, as adopted and in force on and after the 4th of of July, 1865. Important amendments to the Constitution of this State were ratified at the general electioli held on the 8th of November, 1870, and are noticed in their proper connection in the following pages. An early revision of the Constitution by another Convention is highly probable. CONSTITUTION OF MISSOURI, 1865. SUMMARY. Abtioi^es. I. Declaration of Bights, n. Bight of Snfltege. [Amendment of 1870.] HL Dietrilmtion of Powers. IV. Legislative Department. Y. Executive Department. TL Judicial Department. Vn . Impeaclmients. Vm. Banks and Corporations. IX. Education. X. Militia. XI . MisceUaneous Provisions. XM. Mode of Amending and Bevlsing the Con- stitution. Xm. Provisions for Putting tliis Constitution into Force. Ordinance. PKEAMBLK AETICLB I.— Declaration of JligJtts. Sbctions. 1. Allmenby nature equal — inalienable rights. 2. Slavery forbidden. 3. No disability as vfitnesses or otherwise on account of race or color — equal personal rights. 4. Political power derived from people — object of government. 6. Bight to regulate and alter government — to be consistent with Constitution of United States. 6. State a member of American Union — right of secession denied. 7. Paramount allegiance due to Constitution and Government of the United States. 8. Bight of . assembling and petitioning — of bearing arms. 9. Beligions freedom. 10. No one to be compelled to support worship — contracts for such object binding. 11. No preference to be given to any sect. 12. Beligions corporations — their right to hold property limited. 13. Devises to religious teachers or sects void — exception lu case of trusts. 14. Elections to be free and open. 15. Eight of justice. 16. Private property not to be taken for public use without compensation. 17. Bight of trial by jury. 18. Bights of persons accused of crime. 19. Second trials forbidden — exceptions. 20. Eight of bail. 21. Excessive bail or fines — cruel punishments. 22. Privilege of writ of habeas corpus. 23. Security against unlawful seizures and searches. 24. Prosecution by indictment. 25. Treason defined. 26. Attainders by General Assembly forbidden — forfeitures limited, 27. Freedom of speech and of the press — trials for libel. 28. Ex post facto laws — obligation of contracts. 29. Imprisonment for debt. 30. Property to be taxed in proportion to its value. 31. Titles and hereditary distinctions f orbidden.^' Sections. 32. Subordination of military to civil power — quartering of soldiers — si^pport of armies. ARTICLE Tl.'—BigM of Suffrage. 1. Elections to be by ballot— to be held in one day. 2. Elections biennial — when held — first — when may be changed — not to beheld on a Monday. 3. Disqualification from rebellion. \_Modified ay amendment.] Begistration of voters. Oams of persons registered. [Stricken out.] Oath of loyalty. \Mod%IUd by amendmentt.] (Restrictions upon the holding office. f IStricken out.] Oath of jurors. [Stricken out.] Affirmation may be taken in place of oath, I Oath of office- penalties fbr not taking ) certain oath. [Stricken out.] ( Classes disqualified— qualifications of f voters. IStHcken out.\ Literary qualifications may be required after 1876. Bight not lost by absence on business of United States or State, etc. Voting by persons in volunteer service, aa. Privilege of voters. 23. Bight lost by disloyalty recovered by mili- tary service — proceedings. 24. Such persons to take oath of loyalty— may hold office. 25. After 1871 restriction may be removed. 26. Exclusion from office and right of suffirage by crime. Amendments to Article II. RIGHT op SlnBTRAGB. 1. Qualifications of electors. 2. Oath of persons registered. 3. Sections stricken out. BIGHT op HOLDING OPPICE, ETC. 1. Exclusion on account of disloyalty re- moved — oath of office. 2. Sections stricken out. ARTICLE TSL — VUlrVrntim, (tf Powers. ARTICLE TV. — Legislative Department. 1. Legislative power — how vested. 2. House of Reprssentatives- how composed — ratio — districtsi 3. Qualifications of members. 4. Senate — how composed — districts. 5. Qualifications of Senators. 6. Apportionment of Senators. 7. Be-apportionment from National census— census in 1876, and once in ten years altei. 8. Districts may be altered. 780 Constitution of Missouri, 1865. Sectiohs. 9. First elections. JO. Classification of Senators. 11. Members of Congress and persons holding office nnder United States not eligible. 12. Non-acconnting holders of public moneys not eligible, 13. Eemovar from district to vacate seat 14. Vacancies, how filled. 15. Members and Senators not to hold other office. 16. Privilege of members — freedom of legisla- tive debate. 17. Pay of members — mileage. 18. Quorum — power to compel attendance. 19. Officers — to judge of qualification — pun- ishment of members and others. 20. Journals — yeas and nays — right of protest. 21. To sit with open doors. 22. Adjournments limited.. 23. Origin and passage of bills -^ to be signed by officers. 24. Final passage — yeag and nays. 25. Laws not tooe revived or amended by title — to recite the whole act. 26. Style of laws. 27. Special laws on certain subjects forbidden. 38. Lotteries forbidden. 29. Compensation not to be allowed for emanci- pated slaves. 30. Bemoval of county seats — no indemnity for real estate, etc., allowed. 31. New counties — least area. 32. Laws to relate to but one subject — to be ex- pressed in title. . 33. Suits against the State. 34. Appointments by joint vote to be viva voce, 35. Fust meeting in 1867, and bieimially after. ABTICLE "v.— Executive Department. 1. Supteme executive power vested in a Gov- ernor. 2. Qualifications. 3. Election — term — case of equal vote. 4. To be eligible only four years in six. 6. Commander-in-chief. 6. Pardoning power — ^report of pardons — to take care that laws are executed — con- servator of the peace. 7. To communicate by message — may convene the General Assembly. 8. To fill vacancies in office. 9. Yeto power — limited. 10. To sign concurrent resolutions. 11. Salary. 12. Lieutenant-Governor to be elected. 13. President of Senate — may debate In com- mittee of the whole — casting vote. 14. When to act as Governor — case of absence of Governor and Lieutenant-Governor. 15. Pay of President of Senate. 16. Secretary of State-«State Auditor— State Treasurer — Attorney-General. 17. Returns of elections of State officers. 18. Contested elections of Governor and Lieu- tenant-Governor. 19. Contested elections of other State officers. 20. Secretary of State keeper of the seal — great Beal — emblems not subject to change. 21. Duties of Secretary of State. 22. Sheriffs— coroners. 28. Vacancies in office of sheriff and coi;oners. 24. Case of equal vote — contested elections. 25. Governor to commission officers- how sealed and attested. 86. Officers not otherwise provided for to be ap- pointed as prescribed by law. ABTICLE VI. — Judicial SepartmetU. i. Judicial power, how vested. i. Jurisdiction of Supreme Court. i.. General control — special powers. Sections. 4. How composed — quorum — Judges to be conservators of the peace. 5. Districts — terms of Supreme Court to be held in each. 6. Term of Judges. 7. Election of Judges — classification — Presid- ing Judge. 8k Vacancies, how filled. 9. Case of equal vote for candidates. 10. Case of equal division of court— Special Judge. 11. Judges to give opinions upon solemn occa- sions — to be published. 12. Appeals — writs of error. 13. Jurisdiction of Circuit Courts. 14. ^cuits to be formed — Judges — duties — terms — elections — vacancies. 15. Judges in St. Louis Circuit — special provis- ions. 16. Provisions as to vacancies, to apply after 1868— Governor to fill until then. 17. Temporary vacancies, how filled. 18. Qualification of Judges. 19. Removal of Judges. 20. Salaries of Judges. 21. Power of Circuit Court over inferior tribu- nals. 22. Clerks of Supreme and District Courts — of other conrts — term — election. 23. County courts — jurisdiction. 24. No clerk to apply fees to his ovra use beyond ^2,500 — laws to be passed to carry this into effect. 25. Justices of the Peace. 26. Style of writs and process — ending of indict- ments. ABTICLE Ta.—Snpeachmentg. 1. Officers liable to impeachment. 2. Power vested in House — to be tried by Senate — oath — limit of judgment. ARTICLE Tni.— Santa and Corporations. 1. Banks not to^be created — no individuals or corporations to issue paper as money. 2. Laws not to revive any act creating corpora- tions one year after failing to organize. 3. Laws to enable existing banks to reorganize * as national banks. 4. Corporations to be formed nnder general laws — special laws for municipal cor- porations only — such laws may be amended or repealed. 5. Municipal corporations, except cities, to be undeV general laws — no cl^ of less than 5;000 inhabitants — vote. 6. Dues from corporations — liability of stock- holders. ARTICLE XZ. — mimation. 1. Free schools to be established. 2. Separate schools for children of African descent — moneys to be apportioned. 3. Board of Education — Superintendent of Ptiblic Instruction — terms — duties — ex ojfflcio members of Boards. 4. State University. 5. Sources of pubhc school fund — income to be applied for free schools and University. 6. Investment of fund — conversion of stock now held. 7. School moneys, when to be vrithheld — pow- er to enact law compelling attendance^ 8. Tax to meet deficiencies in fund. 9. Local schools moneys to be incorporated with school where this can be done. 10. No appropriation to be made to any sec- tarian school. ABTICLE X.— JffiiMo. 1. Ksnons liable to duty— none to, be exempt except by law. Constitution of Missoubi, 1865. 781 SscTioira. 2. Militia to be organized —pay wben in actual service — Generals. 3. Election of militia officers. AETICLE XI. — MsceUaneoitt I^'misiom. 1. General Assembly not to interfere With pub- lic lands — property of United States not to be taxed — non-residents not to be taxed Mgher tban residents. 2. Concurrent jurisdiction on rivers forming ~ boundary — navigable rivers public high- ways. !. Laws continued until they expire or are repealed — continuance of writs — prose- cutions — actions, etc. 4. Iilmitation of civil actions and criminal pro- ceedings for acts done under military authority of United States. 5. Dueling to disqualify from holding office. 6. 1^0 money to be drawn from treasury but by law — statements of receipts and ex- penditures. 7. Persons holding office under United States not to hold State offices. 8. Officers to hold until successors are quali- fied. 9. Power to repeal former ordinances. 10. Seat of government to remain at city of Jefferson. 11. Persons emancipated not to be apprenticed or bound to service, except oy special law. 12. Change of venue. 18. State credit not to be given or loaned — not to become a stockholder. 14. JNo county, city or town to become a stock- holder to a company, unless by two- third vote. 16. State not to release lien on any railroad. 16. Property exempt from taxation. AETICLE xn.:-JfO(fo qf amending and revis- ing the ConstituWm. Sbotious. 1. Constitution may be amended. 2. Amendments, how made and ratified. 3. Convention, how called — how held. ARTICLE xm. — Provlaions for putting thlt Constitution into force. 1. Not to take effect until ratified at an election. 2. An election appointed — proceedings regu- lated. 8. To be by ballot — form of ballot. 4. Kettims, how made. 6. Votes, when allowed away from residence. 6. Oath, of voters. 7. Canvass and publication of returns. 8. Auditor of Public Accounts to be styled State Auditor. 9. Office of Register of Lands continued. OEDmANCB For the paymera, cf State and railroad Indebt- edness. 1. Tax Imposed on gross receipts of certain railroads — how assessed — how applied. 2. Tax on certain other railroads — object to which applied. 8. Limit of tax — to cease when bonds are paid. 4. Case of refusal or neglect to pay tax. 5. Case of sale of roads — not to be restored until debt is paid— lien to be reserved. 6. Payment of State indebtedness— tax of one quarter of one per cent. 7. Election appointed upon this ordinance — form of ballot— result to be proclaimed by Governor. List of other ordinances passed by Conven- tion. PEEAMBLE. "We, the people of the State of Missouri, grateful to Almighty God, the Sovereign Euler of Nations, for our State Government, our liberties, and our connection with the American Union, and acknowl- edging our dependence upon Him for the continuance of those bless- ings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this revised and amended Constitution. AETICLE I. DEOLAEATIOK OF BIGHTS. 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 : 1. That we hold it to be self-evident that all men are endowed by their Creator with certain inalienable rights, among which are life, liberty, the enjoyment of the fruits of, their own labor, and the pur- suit of happiness. 782 (JONSTTTUTION OF MISSOURI, 1865. %. That there cannot be in this State either slavery or involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted. 3. That no person can, on account of color, be disqualified as a witness ; or be disabled to contract, otherwise than as others are dis- abled; or be prevented from acquiring, holding and transmitting property ; or be liable to any other punishment for any oflfense 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 disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances. 4. That all political power is vested in and derived from the peo- ple; that .all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. 5. That the people of this State have the inherent, sole and exclu- ' sive right of regulating the internal government and, police thereof, and of altering and abolishing their Constitution and form, of gov- ernment whenever it may be necessary to their safety and happiness ; but every siich right should be exercised in pursuance of law, and consistently with the Constitution of the TJnited States. - 6. 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^ or upon whatever pre- text, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State. 7. That every citizen 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. 8. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of gov- ernment for redress of grievances by petition or remonstrance ; and that their right to bear arms in defense of themselves, and of the lawful authority of the State, cannot be questioned. 9. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences ; that no person can, on account of his religious opinions, be rendered ineligible to any oflSce of trust or profit under this State, nor be dis- qualified from testifying, or from serving as a juror ; that no human authority can control or interfere with the rights of conscience ; and that no person ought, by any law, to be molested in his person or Constitution of Missouri, 1865. 783 _ estate, on account of his religious persuasion or profession ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the State, or with the rights of others. 10. That no person can 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. 11. That no preference can ever be given, by law, to any church, sect, or mode of worship. 13. That no religious corporation can be established in this State, except that by a general law, uniform throughout the State, any church or religious society, or congregation, may become a body cor- porate, for the sole purpose of acquiring, holding, using, and disposing 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 contracting 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. 13. That every gift, sale, or devise of land to any minister, 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 Gospel, as such ; or any religious 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 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, shall be void ; except ' always 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 incorpor- ated or not, for the uses and purposes, and within the limitations, of the next preceding clause of this article. 14 That all elections ought to be free and open. 15. That courts of justice ought to be open to every person, and certain remedy aflforded for every injury to person, property, or character ; and that right and justice ought to be administered with- out sale, denial or delay. 784 Constitution of Missouri, 1865. 16. That no private property ought to be taken or applied to public use, without just compensation. 17. That the right of trial by jury shall remain inviolate. 18. That in all criminal prosecutions the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusation ; to have compulsory process for witnesses in his favor ; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a spetdy trial by an impartial jury of the vicinage ; that the accused cannot be compelled to give evidence against himself, nor be deprived of liffe, liberty, or property, but by the judgment of his peers, or the law of the land. 19. That no person, after having been once acquitted by a jury, can, for the same oflfense, 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 fpr trial at the next term of said court. 30. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. 31. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 32. That the privilege of the writ of habeas eorpus cannot be sus- pended, unless when, in cases of rebellion or invasion, the public safety may require it. 23. That the people, ought to be secure in their persons, papers, houses and effects, from unreasonable searches and seizures ; and no warrant to search any place, or seize any person or thing, can issue, without describing the' place to be searched, or the person or thing to be seized, as nearly as may be; nor without probable cause, supported by oath or affirmation. 24 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 daJnger, or by leave of court, for oppression or mis- demeanor in office. 25. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. 26. That no person can be attainted of treason or felony by the General Assembly ; that 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 persons as may destroy their own lives shall descend or vest, as in cases of natural death. Constitution of Missouri, 1865. 785 27. That the free communication of thoughts and opinions is one of the inyaluable rights of man, and that every person may freely speak, write, and'print, on any subject, being responsible for the abuse of (that liberty ; that 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. 28. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed. 29. That imprisonment for debt cannot exist in this State, except for fines or penalties imposed for violation of law, 30. That all property subject to taxation ought to be taxed in pro- portion to its value. 31. That no title of nobility, or hereditary emolument, privilege or distinction, can be granted. 32. 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 quartered 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. AETICLE II. BIGHT OF SUFFRAGE. Section 1. All elections by the people shall be by ballot. ISo elec- tion shall continue longer than one day, except as provided in the twenty-first section of this article. § 2. General elections shall be held biennially, on the Tuesday next after the first Monday in November. The first general election under this Constitution shall be held on that day, in the year one thousand eight hundred and sixty-six. Should Congress direct the appointment of electors of President and Vice-President of the United States on any other day than that now established, the General Assembly may change the time of holding general elections, so as to provide for holding them on the day which may be designated by Congress for that purpose, and on the corresponding day two years thereafter. No special election, State, county, or municipal, shall be appointed to be held on a Monday. § 3.' At any election held by the people under this Constitution, or in pursuance of any law of this State, or under any ordinance or by-law of- .any municipal corporation, no person shall be deemed a 1 The clauses of this section marked In hrackets, were affected by a decision of the Supreme Court of the United States, made at the December Term, 1866, in the case CummiTiga v. The State of Missouri (Wallace's Reports, IV, 277-832). This section is also affected by the amendments of 1870. 99 786 Constitution of Missouri, 1865. qualified yoter who [has ever been in armed hostility to the United States, or to the lawful authorities thereof,] or to the government of this State ; or has ever given aid, comfort, countenance, or support to persons engaged in any such hostility ; or has ever, in any manner, adhered to the enemies, foreign or domestic, of the United States, either by contributing to them or by unlawfully sending within their lines, money, goods, letters, or information ; or has ever disloyally held commutiication with sucb enemies ; or has ever advised or aided any person to enter the service of such enemies ; [or has ever, by act or word, manifested his adherence to the cause of such enemies, or his desire for their triumph] over the arms of the United States, or his sympathy with those engaged in exciting or carrying on rebellion against the United States ; or has ever, except under ovei-powering compulsion, submitted to the authority, or been in the service, of the so-called " Confederate States of America ; " or has ever left this State, and gone withii^ the lines of the armies of the so-called " Confederate States of America," with the purpose of adhering to said States or ai'mies ; or has ever been a member of, or connected with, any order, society, or organization, inimical to the government of the United States, or to the government of this State ; or has ever been engaged in guerilla warfare against loyal inhabitants of the United States, or in that description of marauding commonly known as " bushwhack- ing ; " or [has ever knowingly and willingly harbored, aided, or coun- tenanced any person] so engaged ; or [has ever come into or left this State, for the purpose of avoiding enrollment for or draft into the military service of the United States ; or has ever, with a yiew to avoid enrollment in the militia of this State, or to escape the perform- ance of duty therein,] or for any other purpose, enrolled himself, or authorized himself to be enrolled, by or before any officer, as disloyal, or as a Southern sympathizer, [or in any other terms indicating his disaffection to the government of the United States,] in its contest with rebellion, or his sympathy with those engaged in such rebellion; or, having ever voted at any election by the people in this State, or in any other of the United States, or in any other 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, shall there- after 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 ; [nor shall any such person be capable of holding in this State any office of honor, trust or profit under its authority ; or of being an officer, councilman, Constitution of Missouri, 1866. 787 director, trustee, or other manager of any corporation, public or pri- vate, now existing or hereafter established by its authority ; or of act- ing as a professor or teacher in any educational institution, or in any common or other school ; or of holding any real estate or other prop- erty in trust for the use of any church, religious society or congrega- tion.] But the foregoing provisions in relation to acts done again'st the United States shall not apply to any person 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 naturalized, 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. § 4c. 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 qualification of all registered voters to vote at any election thereafter held ; but no person shall be excluded from voting at any election on account of not being registered, until the General Assem- bly shall have passed an act of registration, and the same shall have been carried into efiect ; 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 not otherwise shown than by the register, or an authentic copy thereof, certified to the judges of election by the registering officer, or other constituted 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. § 5. [Stricken out.'] § 6. ['The oath to be taken as aforesaid shall be known as the Oath of Loyalty, and shall be in the following terms : 1 TUs section was stricken out by the fourth amendment ; ratified in 1870 by a vote of 137,643 far to 18,288 against. The section was as follows : "§ 5 Until 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 succeeding section. After such a system shall nave been established, the said oath shall be taken and subscribed 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 conclusive evidence of the right of the person to vote, or to be regis- tered as a voter ; but such right may, notwithstanding, De di8i)roved. 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 registering officer or officers, and not by ttie 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 tfine, the oath of loyalty hereinafter prescribed." 2 By the second section of the fourth Constitutional Amendment ratified in 1870, the oath required before registration was to be thereafter dispensed with. This section is given at the end of Article II. I 788 Constitution op Missouri, 1865. " I, A. B., do solemnly swear, that I am well acquainted with the terms. of the third section of the second a,rticle of the Constitution of the State of Missouri, adopted in the year eighteen hundred and sixty- five, and have carefully considered the same; that I have never, directly or indirectly, 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 ^ the United States, and will sup- port 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, anid not allow the same to be broken up and dis- solved, 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 Missouri; and that I make this oath without any mental reservation or evasion, and hold it to be binding on me."] §§ 7, 8, 9, 10. [Stricken out.'] §11. [Stricken out.»] § 12. 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 afiBrmation, and be made by him in that form. §§ 13, 14. [Stricken out.'] 1 These sections were stricken out by tlie adoption of the fifth amendment of 1870, by a vote of the people, which gave 123,413 /or, and 18,005 agaiml the amenimejit. The sections were as follows: " § 7. Within sixty days after this Constitution takes effect, every person in this State holding any office, of honor, trust, or profit, under this Constitution, or laws thereof, or under any muni- cipal corporation, or any of the: other offices, positions, or trusts mentioned in the third section of this article, shall take and suhscrihe the satd oath. If any officer or person referred to in this section shall fail to comply with the requirements thereof, his office, position, or trust shall, ipso /acto^ become vacant, and the vacancy shall be filled according to the law trovernins the case. " 1 8. No vote in any election by the people shall be oast up for, nor shall any certificate of elec- tion be granted to, any person who shall not, within fifteen "days next preceding such election, have taken, subscribed, and filed said oath. " 5 9. 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, De permitted to practice as an attor- liey or counselor at law ; nor, after that time, shall "anj; person be competent as a bishop, priest, deacon, minister, elder, or other clergyman of any religions persuasion, sect, or denomination, to teach or preach, or solemnize marriages, unless such person shall have first taken, subscribed, and filed said oath. "S 10. Oaths, taken in pursuance of the seventh, eighth and ninth sections of this article, shall be filed, as follows : By a State civil officer, or a candidate for a State civil office, and by members and officers of the present General Assembly, in the office of the Secretary of State ; by a military officer in the office of the Adjutant-General ; by a candidate for either House of the General Assembly, in the clerk's office of the County Court of the county of his residence, or in that of the county where the vote of the district is required by law to cast up, and the certificate of elec- tion granted ; by a city or town officer, in the office where the archives of such city or town are kept ; and in all other cases, in the office of the Clerk of the County Court of the county of the person's residence," 2 This section was stricken out by the second amendment, ratified in 1870, by a majority of 13SL883. It was as follows : "§ 11. Every court in which any person shall be summoned to serve as a grand or petit juror, shall require him, before he is sworn as a juror, to take such oath, la open court ; and' no person refusing to take the same shall serve as a juror.'' * These sections were stricken out by the adoption of the fifth amendment, ratified in 1870, by a vote of 183,418 to 18,005. They were as follows : " 5 13. 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 Constitution OF Missouri, 1865. 789 §§ 15, 16, It, 18. [Stricken out.'] § 19. 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; unless his inability to read or write shall be' the result of a physical disability. § 20. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his' presence or absence while employed in the service Of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas, nor while a student in any seminary of learning, nor while kept at any poor-house or other asylum at public expense, nor while confined in any public prison. § 21. Any qualified voter under the eighteenth section of this article, who may be absent from the place of his residence, by reason of being in the volunteer army of the United States, or in the militia 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 per- sons, wherever they ihay be, may be taken on the day fixed by law for such electiouj 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. affirmation that he will, to the best of his skill and ability, diligently and faithfully, without par- tiality or prejudice, discharge the duties of such office according to the Constitution and laws of this State. "1 14. Whoever shall, after the times limited in the seventh and ninth sections of this article, bold or exercise any of the offices, positions, trusts, professions, or functions therein specified, without having taken, subscribed, and filed said oath of loyalty, shall, on conviction thereof, he 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 imprisoimient ; 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." 1 These sections were stricken out by the adoption of the fourth amendment in 1870, by a vote of 127,643 to 16,288. They were as follows : " § 15. 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 disqualified 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, ^r any office of honor, trust or profit under this State, for ten years after such conviction. '• 1 16. No officer, soldier, or marine, m the regular army or navy of the United States, shall be entitled to vote at any election in this State. "§17. No person who shall make, or become directly or indirectly interested in, any bet or wager depending upon the result of any elebtion, shall vote at such election. '•^S 18. 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 Constitu- tion, and who shall have complied with its requirements, and have resided in this State one year next preceding any election, or next jpreceding his resignation as a 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 elsewhere than in the election district of which he is at the time a resident, or, after a system of registration of votejs shall have been established in the election district where his name is registered, except as pro- vided in the twenty-first section of this article." The question of amending the eighteenth section by striking out the word " white," was sub. mitted to the people in November, 1868, and disapproved by a vote of 55,236 to 74,Q33. 790 Constitution of Missouri, 1865. § 33. Voters shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their continuance at election, and in going to and returning from the same. § 33. Any person who may, at any time, have done any act which, under the third section of this article, has disqualified or may dis- qualify him, as therein expressed, an i who shall, after the commission of such act, have voluntarily entered the military service of the United States, and have been honorably discharged therefrom, and after such discharge have demeaned himself it all respects as a loyal and faith- ful citizen, may be relieved from such disqualification. In order thereto, he shall, in person, present his petition to the Circuit Court of the county of his residence, stating specifically the act or acts which produced such disqualification, and the grounds upon which he prays to be relieved therefrom ; and the court shall set a day for hearing the cause, not less than five days after the presentation of the petition ; when, if it appear by competent proof that the petitioner is justly entitled to the relief prayed for, the court shall make a decree removing such disqualification. But any act done by such person after the date of such decree, which would impose a disqualification under said third section of this article, shall make such decree null and void, and remit him to his previous condition of disqualification ; and no such decree shall be granted a second time in his favor. § 34. After any person shall have been so relieved by the decree of a Circuit Court, he shall, in order to vote, or hold any of the ofSces, positions, or trusts, or exercise any of the privileges or functions hereinbefore specified, take the oath of loyalty aforesaid, except the part thereof which refers to the third section of this article and to the past acts or loyalty of the person taking the oath. § 35. After the first day of January, one thousand eight hundred and seventy-one, and until the date hereinafter named, the General Assembly shall have power, if a majority of all the members elected to both Houses concur therein, to suspend or repeal any part of the third, fifth, and sixth sections of this article, so far as the same relate to the qualifications of voters, but no further. After the first day of January, one thousand eight hundred and seventy-five, the General Assembly may wholly suspend or repeal the third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh and twelfth sections of this article, or any part thereof, if a like majority of both Houses concur therein. But no such suspension or repeal shall haye the effect of dispensing with the taking, by every person elected or appointed to any office in this State, of so much of the oath of loyalty aforesaid as follows the word " domestic." On the passage of any bill suspending or repealing Constitution op Missouri, 1865. 79-L any of said sections, or any part thereof, the rotes of both Houses shall be taken by yeas and nays, and entered on the journals of the Houses, respectively. The General Assembly shall also have power, at any time, to remove any such suspension or repeal, and re-instate the provisions suspended or repealed, in full force and effect as a part of this Constitution. Every suspension or repeal, made in pursuance of this section, shall be general in its terms, and not in any case in favor of any named person ; but the General Assembly may except from the benefit of such suspension or repeal, any person or class of persons it may sec fit. § 36. The General Assembly shall provide for the exclusion from every office of honor, trust, or profit within this State, and from the right of suffrage, of any person convicted of bribery, perjury, or other infamous crime. AMENDMENTS TO ARTICLE II, RATIFIED NOVEMBER 8, 1870, BY THE PEOPLE.' Fourth Amendment, concerning Right of Suffrage. Sectiok 1. Every male citizen of the United States, and every per- son 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 has resided in this State one year next preceding his registration as a voter, and during the last sixty days of that period shall have resided in the county, city or town where he seeks registration as a voter, who is not convicted of bribery, perjury or other infamous crime, nor directly or indirectly interested in any bet or wager, depending upon the result of the election for which said registration is made, nor serving at the time of such registration in the regular army or navy of the United States, shall be entitled to vote at such election for all officers. State, county or municipal, made elective by the people, or any other election, held in pursuance of the laws of this State ; but he shall not vote elsewhere than in the election district where his name is registered, except as provided in the twenty- first section of the second article of the Constitution. Any person who shall, after the adoption of this amendment, engage in any rebel- lion against this State or the United States, shall forever be disquali- fied from voting at any election. § 2. Hereafter it shall not be required of any person, before he is registered as a voter, or offers to vote, to take the oath of loyalty prescribed in the sixth section of the second article of the Constit'u- 1 The vote on tbU amendment was 137.4'13 for to 16,388 aaainst. , 792 Constitution of Missouri, 1865. tion ; but eyery person, before be is registered as a qualified voter, sball take an oatb to support tbe Constitution of tbe United States and of tbe State. of Missouri. § 3. Sections five, fifteen, sixteen, seventeen, eighteen of tbe second article of the Constitution, and all provisions thereof, and all laws of this State, not consistent with this amendment, sball, upon its adop- tion, be forever rescinded and of no efifect. Fifth Amendment, concerning Bisqmlification, on account of race, color, or previous condition of servitude, and on account of former acts of disloyalty. ; i ^BCTION 1. No person shall hereafter be disqualified from holding in this State any oflGice of honor, trust or profit under its authority, or of being an ofiBcer, councilman, director, trustee or other manager of any corporation, public or private, now existing or hereafter estab- lished by its autbority, or of acting as a pr6fessor or a teacher in any educational institution, or in any common or other school, or of holding any real estate or other property in trust for the use of any church, religious society or congregation, on account of race or color, or pre- vious condition of servitude, nor on account, of any of the provisions of tbe third section of the second article of the Constitution; nor shall hereafter any such person, before be enters upon the discharge of bis said duties, be required to take the oath of loyalty prescribed in the sixth section of said article ; but every person who may be elected or appointed to any office, shall, before entering upon its duties, take and subscribe an oatb or affirmation, that he will support the Constitution of ithe United States and of the State of Missouri, and to the best of his skill and ability, diligently and faithfully, with- out partiality of prejudice, discharge the duties of such office accord- ing to the Constitution and laws of this State. § 3. Sections seven, eight, nine, ten, thirteen, fourteen of the second article of the Constitution, and all provisions thereof, and all laws of this State, not consistent with this amendment, shall, upon its adop- tion, be forever rescinded and of no effect. ARTICLE III. DISTRIBUTION' OF POWERS. The powers of government shall be divided into three distinct Departments, each of which sball be confided to a separate magistracy ; and no person charged with the exercise of powers properly belonging to one of those Departments shall exercise any power properly belong- ing to either of the others, except in the instances hereinafter expressly directed or permitted. Constitution of Missouri, 1865. 793 ARTICLE IV LEGISLATITB DEPARTMENT. Section' 1. The Legislative power shall be vested in a General Assem- bly, ■whicli shall consist of a Senate and a House of Representatives. § 2. The House of Representatives shall consist of members to be chosen, every second year, by the qualified voters of the several coun- ties, and apportioned in the following manner : The ratio of representa,tion shall be. ascertained at each apportioning session of the General Assembly, by dividing the whole number of permanent inhabitants of the State by the number two hundred. Each county having one ratio, or less, shall be entitled to one Repre- sentative ; each county having three times said ratio shall be entitled to two Representatives ; 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 subdivided into as many compact and convenient districts as such county may be entitled to Representatives; which districts shall be, as near as may be, of equal population ; and the qualified voters of e^ch of such districts shall elect one Representative, who shall be a resident of such district. § 3. 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. § 4. 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. § 5. No person shall be a Senator who shall have not attained the age of thirty years; who shall not be a white male citizen of the United States ; who shall not have been a qualified voter of this State three years, and an inhabitant of the district which he may be chosen to represent one year next before the day of his election, if such dis- trict shall have been so long established; but if not, then of the dis- trict or districts from which the same shall have been taken ; and who shall not have paid a State and county tax. When any county shall be entitled tb more than one Senator, the County Court shall cause 100 794 Constitution of Missouri, 1865. 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. § 6. Senators shall be apportioned among their respective districts, as nearly as may be, according to the number of permanent inhabi- tants in each. § 7. Senators and Eepresentatives 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 adjusted 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 inhabitants thereof; and after every such census the apportionment of Senators and Eepresentatives may be based thereon, until the next succeeding National census ; after which it may 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 apportionment. § 8. Senatorial and Kepresentative Districts may be altered, from time to time, as public convenience may require. When any Sena- torial District shall be composed of two or more counties, they shall be contiguous. § 9. The first election of Senators and Eepresentatives under this Constitution shall be held at the general election in the year one thousand eight hundred and sixty-six, when the whole number of Senators and Eepresentatives shall be chosen. § 10. 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 numbers 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 of the Senators shall be chosen every second year. In districting any county for the election of Senators, the districts shall be numbered, so as to effectuate the division of Senators into classes, as required in this section. § 11. No member of Congress, or person holding any lucrative office under the United States or this State (militia officers, Justices Constitution of Missouri, 1865. 795 of the Peace, and N"otaries Public excepted), shall be eligible to either House of the General Assembly, or shall remain a member thereof after having accepted any such oflSce, or a seat in either House of Congress. § 13. No person who now is, or may hereafter be, a collector or' holder of public money, or assistant or deputy of such collector or holder of public money, shall be eligible to either House of the General Assembly, until he shall have accounted for and paid all sums for which he may be accountable. § 13. If any Senator or Eepresentative remove his residence from the district or county for which he was elected, his ofllce shall thereby be vacated. § 14. The Governor shall issue writs of election to fill such vacancies as may occur in either House of the General Assembly. § 15. No Senator or Eepresentative shall, during the term for which he shall have been elected, be appointed to any civil oflSce under this State, which shall have been created, or the emoluments of which shall have been increased, during his continuance in oflBce as a Senator or Eepresentative, except to such ofBces as shall be filled by elections of the people. § 16. Senators and Eepresentatives 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 next 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. § 17. The members of the General Assembly shall severally receive from the public treasury such compensation for their services as may, from time to time, be provided by law ; but no law increasing such compensation shall take effect in favor of the members of the General Assembly by which the same shall have been passed. § 18. A majority of the whole number of members 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. § 19. Each House shall appoint its own oflBcers ; shall judge of the qualifications, elections, and returns of its own members; may deter- mine the rules of its proceedings ; may arrest and punish, by fine, not exceeding three hundred dollars, or by imprisonment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or con- temptuous behavior in its presence, during its session; may punish 796 Constitution op Missouri, 1865. 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. § 30. Each 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 shalbbe noted and published with the journal. ' . , , ■ § 21. The sessions of each House shall be held with open doors, except in cases which may require secrecy. § 23. Neither House shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than that in which the two Houses may be sitting. §23. Bills may originate in either House, and: may be altered, amended or rejected by the other; and 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 Kepresentatives, and by the President of the Senate. § 24. 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 the last reading ; and the yeas and nays shall be taken thereon and entered upon the journal. § 35. No act shall be revived or re-enacted by mere reference to the title thereof; nor shall any act be amended by providing that desig- nated words thereof shall be struck out, or that designated words shall be struck out and. others inserted in lieu thereof; but in every such case 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. § 26. The style of the laws of this State shall be: "Be it enacted by the General AssemMy of the State of Missouri as follows." § 37. The General Assembly shall not pass special laws divorcing any named parties ; or declaring any named person of age ; or author- izing any named minor to sell, lease or incumber his or her property; or providing for the sale of the real estate oi any named minor or other person, laboring under legal disability, by any executor, admin- istrator, 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 Constitution of Missouri, 1866. 797 establisliing, 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 relieving any assessor or elector of taxes from the due performance of his oflBcial 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 indi- vidual or company the right to lay down railroad tracks in the streets of any city or town ; or exempting any property of any named person or corporation from taxation. 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 enumerated in this section, and for all other cases where a general law can be made applicable. § 28. The General Assembly shall never authorize any lottery ; nor shall the sale of lottery tickets be allowed; nor shall any lottery heretofore authorized be permitted to be drawn, or tickets therein to be sold. § 29. The General Assembly shall have no power to make com- pensation for emancipated slaves. § 30. The General Assembly shall have no power to remove the county seat of any county unless two-thirds of the qualified voters of the county, at a general 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. • § 31. 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. § 32. 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 expressed. § 33. The General Assembly shall direct, by law, in what manner, and in what courts, suits may be brought against the State. § 34. When any officer, civil or military, shall be appointed by the joint or concurrent vote of both Houses, or by the separate vote of either House, the vote shall be publicly given viva voce, and entered on the journals. § 35. The General Assembly, elected in the year one thousand eight liUndred and sixty-six, shall meet on the first Wednesday of January, one thousand eight hundred and sixty-seven; and thereafter the General Assembly shall meet, in regular session, once in every two 798 Constitution or Missouri, 1865. years ; and such meeting shall be on the first Wednesday of January^ unless a different day be fixed by law. AETICLE V. EXECUTIVE DEPABTMElirT. Sectiok 1. The supreme Executive power shall be vested in a Chief Magistrate, who shall be styled " The Governor of the State of Missouri." § 3. The Governor shall be at least thirty-five years old, a white male citizen of the United States ten years, and a resident of this State seven years next before his election. § 3. The Governor elected at the general election in the year one thousand eight hundred and sixty-eight, and each Governor thereafter elected, shall hold his oflBce two years, and until a successor be duly elected and qualified. At the time and place of voting for members of the House of Eepresentatives, the qualified voters shall vote for a Governor ; and when two or more persons shall have an equal num- ber of votes, and a higher number than any other person, the election shall be decided between them by a joint ballot of both Houses of the General Assembly at their next session. § 4. The Governor shall not be eligible to . office more than four years in six. § 5. The Governor shall be Commander-in-Chief of the militia of this State, except when they shall be called into the service of the United States ; but he need not command in person, unless advised to do so by a resolution of the General Assembly. § 6. The Governor shall have the power to grant reprieves, commu- tations and pardons, after conviction, for all offenses, except treason and c&,ses 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, communicate 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 reasons for granting the same. He shall take care that the laws be distributed and faithfully executed ; and shall be a conservator of peace throughout the State. § 7. The Governor shall, from time to • time, give to the General Assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may Constitution of Missouri, 1865. 799 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 subject not so stated in the proclamation. § 8. When any office shall become vacant, the Governor, unless otherwise provided by law, shall appoint a person to fill such vacancy, who shall continue in office until a successor shall be duly elected or appointed, and qualified, according to law. § 9. Every bill which shall have been passed by both Houses of the General Assembly, before it becomes a law, shall be presented to the Governor for his approbation. If he approve, he shall sign it ; if not, he shall return it, with his objections, to the House in which it shall have originated; and the House shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill. After such reconsideration, if a majority of all the members elected to that House shall agree to pass the same, it shall be sent, together with the objections, to the other House, by which it shall, in like manner, be reconsidered; and if approved by a majority of all the members elected to that House, it shall become a law. In all such cases, the votes of both such Houses shall be taken by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each House respectively. 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. § 10. Every resolution, to which the concurrence of the Senate and House of Kepresentatives may be necessary, except on questions of adjournment, of going into joint session, and of amending this Con- stitution, shall be presented to the Governor ; and, before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill. § 11. The Governor shall, at stated times, receive for his services an adequate salary, to be fixed by law ; which shall neither be increased nor diminished during his continuance in office. 800 Constitution of MissoifMi, 1865. § 12. There Bhall be a Lieutenant-Governor, who shall be elected at the same time, in the same manner, for the same term, and shall pos- sess the same qualifications, as the Governor. § 13. The Lieutenant-Governor, by virtue of his office, shall be President of the Senate. In Committee of the Whole, he may debate on all questions ; and when there is an iequal division, shall give the casting vote in the Senate, and also in joint vote of both Houses. § 14. "When the office of Governor shall become vacant, by death, resignation, removal from the State,*bemoval from office, refusal to qualify, or otherwise, the Lieutenant-Governor shall perform the duties, possess the powers, and receive the compensation of the Gov- ernor, during the remainder of the term for which the Governor was elected. When the Governor is absent from the State, or is unable, from sickness, to perform his duties, or is under impeachment, the Lieutenant-Governor shall perform said duties, possess said powers, and receive said compensation, until the Governor return to the State, be enabled to resume his duties, or be acquitted. If there be no Lieutenant-Governor, or if he be absent from the State, disabled by sickness, or under impeachment, the President of the Senate ^ro tem- pore, or, in case of like absence or disability on his part, or of there being no President of the Senate pro tempore, the Speaker of the House of Representatives shall assume the office of Governor, in the same manner, and with the same powers and compensation, as are prescribed in the case of the office devolving on the Lieutenant- Governor. § 15. The Lieutenant-Governor, or the President of the Senate pro tempore, while presiding in the Senate, shall receive the same com- pensation as shall be allowed to the Speaker of the House of Repre- sentatives. § 16. There shall be a Secretary of Sta,te, 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 twenty-five years old, and shall have resided in this State five years next befoi-e his election. The Secre- tary 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. § 17. The returns of all elections of Governor, Lieutenant-Governor, and other State officers, shall be made to the Secretary of State in such manner as may be prescribed by law. OONSTITVTION OF MISSOURI, 1866. 801 §18. Contested elections of Governor and Lieutenant-Gov«rnoi shall be decided by joint vote of both Houses of the General Assem- bly in such manner as may be prescribed by law. 1 19. 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. § 20. The Secretary of State shall be the custodian of the Seal of State, and shall authenticate therewith all official acts of the Gov- ernor, his approbation of laws excepted. The said Seal shall be called the " Great Seal of the State of Missouri j" and the emblems and devices thereof heretofore prescribed by law shall not be subject to change.' § 21. The Secretary of State shall keep a register of the official acts of the Governor, and, when necessary, shall attest them ; and shall lay copies of the same, together with copies of all papers relating thereto, before either House of the General Assembly, whenever required to do so. § 22. There shall be elected by the qualified voters in eacli county, at the time and places of electing Representatives, a SheriflF 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 therein, who shall continue in office until the next succeeding general election, and until a successor shall be duly elected and qualified. § 23. "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 chpsen at such elec- tion shall be duly qualified ; otherwise the person appointed by such County Court shall hold office until the person chosen at such 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. ' The great seal of MisBouri was established by law, January 11, 1S2S. - ; ■ 101 802 Constitution of Missouri, 1865. , § 24. In all elections for SheriflE" and Coroner, when two or more per- Bons have an equal number of votes, and a higher than any other person, the presiding Judge of the County Court of the county shall give the casting vote ; and all contested elections for the said ofl&ees shall be decided by the Circuit Court of the proper county, in such manner as the General Assembly may by law prescribe. § 25. The Governor shall commission all officers not otheri^ise pro- vided by law. All commissions shall run in the name and by the authority of the State of Missouri, be sealed by the State seal, signed by the Governor, and attested by the Secretary of State. § 26. The appointment of all ofiBcers, not otherwise directed by this Constitution, shall be made in such manner as may be pre- scribed by law. ARTICLE VI. JUDICIAL DEPAETSTESTT. Section 1. The judicial power, as to matters of law and equity, shall be vested in a Supreme Court,' in Circuit Courts, and in such inferior tribunals as the General Assembly may from time to time establish. § 2. 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. § 3. The Supreme Court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other origi- nal remedial writs, and to hear and determine the same. § 4. 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. § 5. The State shall be divided into convenient districts, not to exceed four, in each of which the Supreme Court shall beheld, at such time and place as the General Asseipbly may appoint ; and, when sit- ting in either district, it shall exercise jurisdiction over causes origi- nating in that district only; but the General Assembly may direct by law that the said court shall be held in one place only. § 6. The Judges of the Supreme Court shall hold oflBce for the term of six years, and imtil their successors shall be duly elected and quali- fied, except as hereinafter provided. * The words "Diatrict Coorta" Btrlckea out at this place by the first amendment, adopted in 1870. Constitution of Missouri, 1865. • 803 § 7. 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 ofiBce 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 oflSce, 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 titae the shortest term to serve shall be the presiding Judge of the court. § 8. 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 Governor 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. § 9. In case of a tie, or a contested election between the candidates, the same shall be determined in the manner prescribed by law. § 10. If, in regard to any cause pending in the Supreme Court, the Judges sitting shall be equally divided in opinion, no judgment shall be entered therein, based on such division ; but the parties to the cause may agree upon some person, learned in the law, who shall act as spe- cial judge in the cause, and who shall therein sit with the court, and give decision, in the same manner and with the same effect as one of the Judges. If the parties cannot agree upon a special judge the court shall appoint one. § 11. The Judges of the Supreme Court shall give their opinion upon important questions of Constitutional law, and, upon solemn occasions, when required by the Governor, the Senate, or the House of Eepresentatives; and all such opinions shall be published in con- nection T^rith the reported decisions of said court. § 13. ['Every appeal or writ of error shall lie from any Circuit Coiirt, I This section was sutstituted by the first amendment, ratified in 1870, by a majority of 130,485, in place of the following: " § 12. 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 majority of whom shall be a quorum. The District Courts shall, within their respective districts, have like original jurisdiction with the Supreme Court, and appellate jurisdiction from the final judgments of the Circuit Courts, and of all inferior courts of record within the district, except Probate and County Courts. After the establishment of such District Courts, no appei^l or writ of error shall lie from any Circuit Court, or inferior court of record, to the Supreme Court, but sliall be prosecuted to the District Court, from the final judgment of which an appeal or wnt of error may be taken to the Supreme Court, In' such cases as inay be provided by law." All laws, ordinances tod provisions not consistent with ttus amendment, were abolished npon Its adoption. 804 Constitution of Missouri, 1865. or inferior court of record liaving concurrent jurisdiction with Circuit Courts to the Supreme Court, as in such cases may be provided by law.] § 13. 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 Justices 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. § 14. The State shall be divided into convenient circuits, of which the county of St. Louis shall constitute one, for each of which, except as in the next succeeding section specified, a Judge shall be elected by the qualified voters of the respective circuits, and except as herein- after provided, shall be elected for the term of six years ; but may continue in oflBce until his successor 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 conservator 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, removal out of his circuit, or by any other dis- qualification, 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 mon-ths of the general election aforesaid, the Governor shall appoint a Judge for such circuit ; but every election or appointment, 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 respective 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 election 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 genetal election, in the year one thousand- eight hundred and sixty-eight, and at the general elec- tion every sixth year thereafter, except as hereinafter 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 said Judges. § 15. From and after the first day of January, one thousand eight handred and sixty-six, the Circuit Court of the county of St. Louis shall be composed of three Judges, each of whoiA shall try causes Constitution of Missoubi, 1866. 805 separately, and all, or a majority of whom, shall constitute a court in banc 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 Probate Court and a County Court. The additional 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 may be elected in the year one thousand eight hundred and sixty-eight, shall have assumed office, the said Judges shall, by . lot, determine the duration of their several terms of office, which shall be, respectively, two, four and six years ; and sh9,ll 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 of 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, from time to time, as the public interest may require. Any additional Judges authorized 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. § 1 6. 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 appointment by the Governor. § 17. 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. § 18. No person shall be elected or appointed a Judge of the Supreme Court, nor of a Circuit Court, before he shall have attained to the age of thirty years, and have been a citizen of the United States five years, and a qualified voter of this State three years. § 19. 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 pui-pose ; but each House shall state, on its respective journal, the cause for which it 806 Constitution OF Missouri, 1865. shallwish the removal of such Judge, and give him notice thereof j and he shall have the right to he heard in his defense, in such man- ner 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. § 20. The Judges of the Supreme Court, and the Judges of the Cir- cuit Courts, shall, at stated times, receive a compensation for their services, to be fixed by law, which shall not be diminished during the period for which they were elected. * § 31. 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. § 33. 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 oflBce for the term of four years from and after the first Monday of January next ensuing, and until their successors are duly elected and qualified. The first election of such clerks, after the adop- tion 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 notwithstanding. § 33. 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 grant- ing 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 maybe conferred by law. § 24 No clerk of any court, established by this Constitution, or by any law of this State, shall apply to his own use, from the fees and emoluments of his office, a greater sum than two thousand five hun- dred dollars for each year of his official term,' after paying out of such fees and emoluments such amounts for deputies and assistants in his office as the court may deem necessary, and may allow ; but all sur- plus 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 effect the provisions of this section. § 35. 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 regu- lated by law. Constitution of Missouri, 1865. 807 § 26. All -writs and process shall ran, and all prtfsecntions shall be conducted in the name of the " State of Missouri ; " and 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." AETICLE VII. IMPEACHMENTS. Section 1. The Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, and all Judges of the courts, shall be liable to impeachment for any misdemeanor in office ; but judgment in such case shall not extend farther than removal from office, and disqualification to hold any office of honor, trust or profit under this State. § 2. The House of Eepresentatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate ; and when sitting for that purpose the Senators shall be on oatTi or affirma- tion ttf do justice according to law and evidence. When the "Governor shall be tried, the Presiding Judge of the Supreme Court shall pre- side. No person shall be convicted without the concurrence of two- thirds of the Senators present. AETICLE VIIL BANKS AND CORPOEATIONS. Section 1. 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 circulate 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. § 2. No law shall be passed reviving or re-enacting any act hereto- fore passed creating any private corporation, where sucli corporation shall not have been organized and commenced the transaction of its business 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 commencement of business. § 3. The General Assembly shall, at its first session after this Con- stitution goes into effect, enact laws enabling any of the existing banks of issue to reorganize as national banks under the act of Con- gress ; 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. 808 Constitution of. Missouri, 1865. § 4. Corporations may be formed under general laws, but shall not be created by special acts, except for municipal purposes. AH general laws and special acts passed pursuant to this section may be altered, amended, or repealed. § 5. No municipal corporations, except cities, shall be created by special act; and no city shall be incorporated 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 incorporation. "^ § 6. Dues from private corporations shall be secured by such means as may be prescribed by law ; but in [no case shall any stockholder be individually liable in any amount over or above the amount of the stock owned by him or her.'] AETICLB IX. EDUCATION. ^Section" 1. 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. § 2. Separate schools may be established 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. § 3. 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 Presi- dent of the Board, shall be elected by the qualified voters of the State. He shall possess the qualifications of a State Senator, and hold his ofiice for the term of four years ; and shall perform such duties, and receive such compensation, as may be prescribed by law. The Secre- tary of State and Attorney-General shall be ex officio members, and, with the Superintendent, compose said Board of Education. § 4. The General Assembly shall also establish and maintain a State University, with departments for instruction in teaching, in agricul- ture, and in natural science, as soon as the public school fund will permit. I Changed to this form by the third amendment, ratified in 1870, by a majority of 120,680. The lansnage of the section was originally as follows : "Dues from private corporations shall be secured by snob means as may be prescribed by law ; but in all cases each stockholder shall be individually liable, over and above the stock Tiy him or her owned, ani} any amount unpaid thereon. In a further ^um, at least equal in amount to sucb stock." - ■ Constitution of Missouri, 1866. 809 § 5. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, ' and not otherwise appro- priated 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 appropriated by the terms of the grant, gift, or devise, shall be securely invested and sacredly preserved as a public 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 faith- fully appropriated for establishing and maintaining the free schools and the university in this article provided for, and for no other uses or purposes whatsoever. § 6. 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 corporation. The stock of the Bank of the State of Missouri 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 belong, or may 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 unincumbered real estate security, with personal security in addition thereto. § 7. 'So township or school district shall receiveany portion of the public school fund, unless a free school shall have been kept therein for not less than three months during the year foi* 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. § 8. 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 cbunty,'township or school diBtrict, as they may deem' pi:bper. 102 810 Constitution of Missouri, 1865. § 9. 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 funds, appropri- ated for common school purposes, and make such distribution as will equalize the amount appropriated for common schools throughout the State. [§ 10.' Neither the General Assembly, nor any county, city, town- ship, school district or other municipal corpoi-ation, shall ever make any appropriation, or pay from any public fund whatever, any thing in aid of any creed, church or sectarian purpose, or to help, support or sustain any school, academy, seminary, college, university or other institution of learning, controlled by any creed, church or sectarian denoniination whatever, nor shall any grant or donation of personal property or real estate ever be made by State, county, city, town or such public corporation, for any creed, church or sectarian purpose whatever.] AETICLE X. MILITIA. Sectiok 1. 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 declared 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 General Assembly may by law exempt. § 2. The General Assembly shall by law provide for the organization of the militia, and for the paying of the same when called into actual service ; but there shall be no ofi&cer above the grade of Brigadier-Gen- eral, nor shall there be more than two ofiBcers of that grade. § 3. 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. AETICLE XL MISCELLANEOUS PKOVISION'S. Section 1. The General Assembly of this State shall never inter- fere with the primary disposal of the soil by the United States, nor > Added b; tlie siztb amendment ratified by the people November 8, ISTO, by a majority of U5i,339. Constitution of Missouri, I860. 811 with any regulation which Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States ; nor shall lands belonging to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State. § 2. The State shall have concurrent jurisdiction on the river Mis- sissippi, and every other river bordering on the said^State, so far as the said river shall form a common boundaiy to this State and any other State which may J)e bounded thereby; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this Staie, shall be common highways, and forever free to the citizens of this State and the United States, without any tax, duty, impost or toll therefor imposed by the State. § 3.. 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 otherwise provided, shall continue; and all indict- ments which shall have been found, or may hereafter be found, for any crime or oifense committed before this Constitution takes effect, may be proceeded upon as if no change had taken place, except as herein- after specified. § 4.' 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 received 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. § 5. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry, a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. § 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the public money shall be annually pub- lished. § t'. 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. ' This aectlon was, in Ine case of Drvman v. 8UM,Aes3s3se& not a bill oi atCaindeis no): as impairing be obligation of a eonUraCt. 8 WaU. (Ui 8.) 596. 812 Constitution of Missouri, 1865. § 8. In the absence of any contrary provision, all ofiBcers now or hereafter elected or appointed, shall hold oflBce during their official term, and until their successors shall be duly elected or appointed, and qualified. § 9. The General Assembly shall hare power to repeal or modify all ordinances adopted by any previous Convention. § 10. The seat of government of this State shall remain at the City of Jefferson. § 11. No person emancipated by the '^Ordinance abolishing slavery in Missouri," adopted on the eleventh day of January, one thousand eight hundred and sixty-five, shall, by any County Court or other authority, be apprenticed, or bound for any service, except in pursu- ance of laws made specially applicable to the persons so emancipated. § 13. The General Assembly shall provide, by law, for the indictment and trial of persons charged with the commission of any felony, in any county other than that in which the offense was committed, when- ever, owing to prejudice, or any other cause, an impartial grand or petit jury cannot be impaneled in the county in which such offense was committed. § 13. 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 cor- porations by the State. § 14. The General Assembly shall no^ authorize any county, city or town to become a stockholder in, or to loan its credit to, any company, association or corporation, 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. § 15. The General Assembly shall have no power, for any purpose whatever, to release the lien held by the State upon any railroad. § 16. No property, real or persona,l, shall be exempt from! taxation, except such as may be used exclusively for public schools, and such as may belong to the United States, to this State, to counties, or to municipal corporations within this State. AETICLE XII. MODE OF AMElSrDING AND REVISING THE COlfSTITUTION". Section 1. This Constitution may be amended and revised in pur- suance of the provisions of this article. % 3. The General Assembly, at any time, may propose such amend- ments to this Constitution as a majority of the members elected to Constitution of Missouri, 1865. 813 each House shall deem expedient ; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. And the pro- posed amendments shall be published with the laws of that session, and also shall be published 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 amend- ment separately, at the next general election thereafter, in such man- ner as the General Assembly may provide. And if a majority of the qualified voters of the State, voting for and against any of said amend- ments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and bind- ing, to all intents and purposes, as a part of this Constitution. § 3. The General Assembly may, at any time, authorize by law, a vote of the people to be taken, upon, the question whether a Conven- tion shall be held for the purpose of revising and amending the Con- stitution of this State ; and if at such election a majority of the votes on the question be in favor of a Convention, the Governor shall issue writs to the SheriflPs of the different counties, ordering the election of Delegates to such a Convention, on a day within 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 such Delegate shall have the qualifications of a Senator. The election shall be conducted in conformity with the laws regulat- ing the election of Senators. The Delegates so elected shall meet at such time and place as may be provided by law, and organize them- selves into a Convention, and proceed to revise and amend the Consti- tution ; and the Constitution, when so revised and amended, shalj, 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 Conven- tion, be 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 revis- ing and amending the Constitution. 814 Constitution of Missouri, 1865'. AETICLB XIII. PEOVISIOITS FOE PTTTTIBTQ THIS COKSTITUTIOST IKTO FOECB. And we do further ordain as follows : Section 1. The preceding parts of this instrument shall not take effect unless this Constitution be adopted by the people at the elec- tion to be held as hereinafter directed ; but the provisions of this arti- cle shall be in force from the day of th^adoption of this Constitution by the Eepresentatives of the people in-this Convention assembled. § 3. For the purpose of ascertaining the sense of the people in regard to the adoption or rejection of this Constitution, the same shall be submitted to the qualified voters of the State, at an election to be held on the sixth day of June, one thousand eight .hundred and sixty-five, at the several election precincts in the State, and elsewhere, as hereafter provided. On that day, or ' on any day not more than fifteen days prior thereto, such qualified voters of this State as shall then be absent from the places of their residence, by reason of their being in the military service of the United States, or of this State, whether they then be in or out of this State, shall be entitled to vote on the adoption or rejection of this Constitution. For that pui-pose, a poll shall be opened in each Missouri regiment or company in such service, at the quarters of tha commanding oflBcer thereof; and the voters of this State belonging to such regiment or company, and any others belonging to any other such regiment or company, and who may be present, may vote at such poll. Any one or two commissioned officers of such regiment or company, who may be present alt the open- ing of the polls, shall act as judge or judges of the election ; and if no such oflBcer be present, then the voters of such regiment or company present, shall elect two of the voters present to act as such judges. Every such judge shall, before any votes are received, take an oath or aflfirmation that he will honestly and' faithfully perform the duties of judge, and make proper return of the votes given at such election ; and such oath the judges may administer to each other. In any elec- tion held in a regiment or company, the polls shall be opened at eight o'clock, A. M., and closed at six o'clock, p. m. § 3. 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 have written or printed thereon the words, " New Constitution — No." § 4. The said election shall be conducted, and the returns thereof made to the Clerks of the several County Courts, and by them imme- Constitution of Missottri, 1865. 815 diately certified to the 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 Secretaiy of State, and may be transmitted by mail, or by any messenger to whom the judges of the election may intrust the same for that purpose. § 5. Any qualified voter of this State, within the State, who, on the day of said election, shall be absent from the place of his residence, may vote at any place of voting, upon satisfying the judges that he is a qualified voter, and being sworn by them that he has not voted, and will not vote, at said election in any other election precinct. § 6. At said election no person shall be allowed to vote who would not be a qualified voter according to the terms of this Constitution, if the second article thereof were then in force. The judges of elec- tion shall administer to every person offering to vote, in lieu of the oath now required to be taken by voters under the ordinance of June 10th, 1863, the following oath, to wit: "I, A. B., do solemnly swear that I am well acquainted with the terms of the third section of the second article of the Constitution of the State of Missouri, adopted by the Convention which assembled in the city of St. Louis, on the sixth day of January, eighteen hundred and sixty-five, and have carefully considered 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 govern- ment thereof to be destroyed or overthrown, under any circnsistances, if in my power to prevent it ; and that I make this oath without any mental reservation or evasion, and hold it to be binding on me." Should any such person decline to take said oath, he shall not be ^permitted to vote at said election ; but the taking thereof shall not be deemed conclusive evidence of the right of such person to vote, but such right may be disputed and disproved. Any person who shall falsely take, or having taken, shall thereafter willfully violate, the oath prescribed in this section, shall, upon conviction thereof by any court of competent jurisdiction, be adjudged guilty of the crime of per- jury, and shall be punished therefor in accordance with existing law. § 7. On the first day of July next ensuing said election, the Seci-e- tary of State ^all, in presence of the Governor, the Attorney-Gene- 816 Constitution of Missouri, 1865. ral, or the State Auditor, proceed to examine and cast up the returns of the Totes taken at said election, and certified to him, including those of persons in the military service; and if it shall appear that a majority of all the votes cast at such election were in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, and this Constitution shall, on the fourth day of said month of July, be the Constitution of the State of Missouri. § 8. The officer now known as the "Auditor of Public Accounts" shall hereafter be styled State Auditor* § 9. The office of Eegister of Lands shall continue until the Gen- eral Assembly shall abolish the same. Done by the Eepresentativos of the people of the State of Missouri, in Convention assembled, at the city of St. Louis, on the 8th day of April, ia the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the eighty-ninth. AENOLD KEEKEL, of St. Charles county. President. CHAELES D. DEAKE, of St. Louis, Attest : Vice-President. Amos P. Fosteb, Secretary. Thomas Proctob, Assistant Secretary. Wm. B. Adams, Montgmaery county. 3. H. Holdsworth, Monroe county. A. J. Barr, Ray county. ' W. S. Holland, JECenry county. ' A. M. Bedford, Mississippi county. J. F. Hume, Moniteau county. J). Bonham, Andrew county. Wyllys King, St. Louis county. ' Geo. K. Budd, St. Louis county. Reeves Leonard, Howard county. Harvey Bunoe, 'Oooper county John F. MoKernan, Cole county. R. L. Childress, Webster county. Archibald McPherson, Perry county. John H. Davis, Nodaway county. John A. Mack, Greene county. I. B. Dobson, Adair county. Ferdinand Meyer, St. Louis county, John H. Ellis, Livingston county, Dorastus Peck, Iron county. John Esther, Laclede county. Jonathan Tho. Rankin, DaOe county. Ellis a. Evans, Crawford county. K. G. Smith, Mercer county. Chauncey I. Filley, 81. Louis county. Geo. P. Strong, St. Louis county. J. W. Fletcher, Jefferson county. James T. Satton, Wayne county. W. Folmsbee, Daviess county. John XT. Sweavingeii, Wayne county. P. M. Fulkerson, Saline county. Wm. P. Switzer, Boone county. John W. Gamble, Audrain county. Lewis H. Weatherby, Dekalb county. A. Gilbert, Lawrence county. Jeremiah Williams, Caldwell county. David Henderson, Dent county. Eugene Williams, Scotland county. E. A. Holcomb, Cha/riton county, [Messrs. Bedford, Bush, D'Oench, Fletcher, Foster, Gilstrap, Green, Husmam, Linton, Meyer, Rolwer, Smith of Worth, and Switzler, voted against the adoption of the Constitution, and Messrs. Clovei:, Cowden, Davis, of New Madrid, Gilbert, of Platte, Grammar, Hughes, Mitchell, Morton, Newgent, Nix- dorf,. Owens, St. Gem, and Thilenius wereatasent, when the final Tote was taken.} Constitution of Missouri, 1865. 817 AN OKDINANCB POH THE PAYMENT OF STATE AlTD KAILBOAD INDEBTEDS-BSS.' Be it ordained hy the People of the State of Missouri, in Conven- tion assembled, as follows: Section' 1. There shall be levied and collected from the Pacific Eailroad, the North Missouri Kailroad, and the St. Louis and Iron Mountain Eailroad companies, an annual tax of ten per centum of their gross receipts for the transportation of freight and passengers (not including amounts received from, and taxes paid to, the United States), from the 1st of October, 1866, to the 1st of October, 1868, and fifteen per centum thereafter; which tax shall be assessed and collected in the county of St. Louis, in the same manner as other State taxes are assessed and collected, and shall be appropriated by the General Assembly to the payment of the principal and interest now due, or hereafter to become due, upon the bonds of the State, and the bonds guaranteed by the State, issued to the aforesaid rail- road companies. § 3. A like tax of fifteen per centum shall be assessed and collected from the Hannibal and St. Joseph Kailroad Company, and from the Platte County Eailroad Company, whenever default is made by said companies, or Mther of them, in the payment of the interest and principal of the bonds of the State, on the bonds guaranteed by the State, issued to said companies, respectively; which tax shall be assessed and collected in such manner as the General Assembly may, by law, direct, and shall be applied for the payment of principal and interest of said bonds, as the same may become due or payable. § 3. The tax in this ordinance specified shall be collected from each company hereinbefore named, only for the payment of the principal and interest of the bonds, for the payment of which such company shall be liable, and whenever such bonds and interest shall have been fully paid, no further tax shall be collected from such company ; but nothing shall be received by the State, in discharge of any amounts due upon said bonds, except cash or other bonds or obligations of thia State. § 4. Should either of said companies refuse or neglect to pay said tax, as herein required, and the interest or principal of any of said bonds, or any part thereof, remain due and unpaid, the General Assembly shall provide by law, for the sale of the raili-oad and other property, and the franchises of the company, that shall be thus in default, under the lion reserved to the State, and shall appropriate the > This ordinance became a part of the Constltntloq by being ratified by the people at as election held June tt, JHIB. The vote waa ^001 /or, and ^VBOagaliSt, Its Adoption. 103 818 Constitution of Missouri, 1865. proceeds of such sale to the payment of the amount due and unpaid from such company. § 5. "Whenever the State shall become the purchaser of any railroad or other property or franchises, sold as hereinbefore provided for, the General Assembly shall provide, by law, in what manner the same shall be sold, for the payment of the indebtedness of the railroad company in default ; but no railroad or dther property, or franchises, purchased by the State, shall be restored to any such company until it shall have first paid, in money, or in Missouri Stafte bonds, or in bonds guaranteed by this State, all interest due from said company ; and all intei;est thereafter accruing shall be paid semi-annually in advance ; and no sale or other disposition of any of such railroad or other property, or the franchises, shall be made without reserving a lien upon all the property and franchises thus sold or disposed of, for all sums remain- ing unpaid ; and all payments therefor shall be made in money, or in the bonds or other obligations of this State. § 6. The General Assembly shall provide by law, for the payment of all State indebtedness not hereinbefore provided for ; and for this purpose a tax of one quarter of one per centum on all real estate, and other property and effects subject to taxation, shall be assessed and collected; and shall be appropriated for the payment of all such indebtedness that may be matured ; and the surplus, if any, shall be set apart as a sinking fund for the payment-of the obligations of the State, that may hereafter become due, and for no other purpose what- ever. § 7. At the election to be held on the sixth day of June, 1865, for the purpose of ascertaining the sense of the people in regard to the adoption or rejection of the Constitution adopted by this Convention, the question of adoption or rejection of this ordinance shall be sub- mitted to the voters of this State, who shall be qualified as voters under the provisions of Article XIII of said Constitution, and shall take the oath in said article prescribed ; and the vote at such election shall be taken, and the returns thereof made, at the same time, under the same restrictions, and in the same manner, as in said article is provided for the vote upon the question of adoption or rejection of said Constitution. The election herein provided for shall be by ballot. Those ballots in favor of this Ordinance shall have written or printed thereon the words, "Shall the railroads pay their bonds? Yes." Those opposed to this Ordinance shall have written or printed thereon the words, " Shall the railroads pay their bonds ? No." If the majority of all the votes cast at such election shall be in favor of this Ordinance, the same shall be valid; and have full force and effect Eis a pOTfbf the Oonstitution,of4hi8.Sta(lie, whether the new Oonstitu- Constitution of Missouri, 1866. 819 tion adopted by this OonTention be adopted or rejected. If a majority of such voters shall be against this Ordinance, it shall have no force or validity whatsoever. The Governor of this State shall, by pro- clamation, make known the result of the election herein provided for. Adopted in Convention April 10th, A. D. 1865. ARNOLD KEEKEL, President. Amos P. Fostek, Secretary. The following Ordinances were also passed by the Constitutional Convention of 1865 : An Ordinance abolishing slavery in Missouri ; passed January 11, 1865, signed by sixty-three Delegates. An Ordinance to protect emancipated negroes from apprenticeship ; passed January 12, 1865. An Ordinance for the vacating of certain civil ofiices in the State, filling the same anew, and protecting the citizens from injury and harassment; passed March 17, 1865. An Ordinance for paying the oflBcers, members and others, of the Missouri Convention ; passed April 5, 1865. An Ordinance for obtaining the votes of Missouri soldiers on the Constitution ; passed April 8, 1865. An Ordinance for the organization and government of the Missouri militia ; passed April 8, 1865. NEBEASKA. The State 'of Nebraska was included in the Louisiana purchase of Aprils, 1803, and formed a part of the " District," and afterward the " Territory," of Louisiana, until changed to " Missouri Territory " in 1812. After the organiza- tion of the State of Missouri in 1821, the remainder of that territory remained for many years without organization. The earliest attempt to organize this ter- ritoi-y was made December 17, 1844, when Senator Douglass, of Illinois, intro- duced a bill to establish the Territory of Nebraska. It was referred, and on the 7th of January, 1845, an amendatory bUl was reported, but no further action was then taken. On the 15th of March, 1848, the same Senator introduced, on leave, a bill for the same purpose, which was reported without amendment April 20th; recommitted December 28th, 1848, and not reported. The measilre then rested until brought up with the Kansas question in 1853-4. The "Territory of Nebraska" was organized May 30, 1854, embracing the region bounded south by the line of 40° north latitude, from the Missouri river ■ to the crest of the Rocky Mountains ; thence along said crest to the line of 49° north latitude ; thence east along the national boundary to Minnesota Territory, and thence along the White Earth and Missouri rivers to the place of beginning. It will be observed that these boundaries included, besides the present State of Nebraska, the whole of Montana, the western part of Dakotah, the greater part of Wyoming, and the north-eastern part of Colorado Territories. The triangular tract east of the Rocky Mountains, west of 103° west longitude, and south of 42° north latitude, was formerly a part of Mexico, and finally became the prop- erty of the United States by the treaty of 1848. The Territory of Colorado, formed February 28, 1861, took from Nebraska all south of 41° north latitude, and west of 25° west from Washington. The Territory of Dakota, formed on the 2d of March, 1861, took off all of Nebraska north of a line running from the Rocky Mountains east, on the parallel of 43° north latitude to the Keha-Paha or Turtle Hill river, and thence down the same, and the Niobrara or Running Water, and the Missouri rivers, to the line of Iowa. Small parts of Washington and Utah Territories west of the Rocky Mountains, between 41° and 43° north latitude, and east of 33° west longitude from Wash- ington, were annexed to Nebraska. Finally, on the 3d of March, 1863, on the formation of Idaho Territory, all west of 27° west longitude was included in the new Territory, and Nebraska was reduced to her present limits. In the question of the formation of a Territorial government, Nebraska was associated with Kansas, and they were both established as Territories by the same act. There was however, little of that violence and disorder witnessed upon her soil that formed so prominent a feature in the early history of Kansas, and the two were manifestly united in the controversy with the view of securing the institution of slavery in one, by granting freedom in the other. The question of forming a State government was submitted to the people of the Territory in March, 1860, and disapproved, by a vote of 1,877 to 1,987. In accordance with a request of the Territorial Legislature, passed on the 16th of January, 1864, asking for the passage of an enabling act, and for allowing the people to vote upon the question of a Convention, such an act was passed by Congress, and approved April 19, 1864, authorizing the inhabitants to form a State government, upon condition that the Constitution formed should be republican, 822 N'ebbaska. and not repugnant to the Constitution of the United States, and the principles of the Declaration of Independence ; and provided further, that it should contain aa article forever irrevocable without the consent of Congress : 1st. That slavery or involuntary servitude should be forever prohibited in said State. 2d. That perfect toleration of religious sentiment should be secured, and no inhabitant of said State to be ever molested in person or property on account of his or her mode of religious worship. 3d. That the people of the Territory should disclaim all right to the unappro- priated public lands within its borders ; that the lands of citizens of the United States, not residing within the State, should not be taxed higher than the land belonging to residents, and that the land or property of the United States should not be taxed. An election was to be held on the first Monday of June, and the Convention then elected was to meet on the first Monday of July. The result of their labors was to be submitted to the people for their ratification or rejection on the second Tuesday of October, and if a majority approved, the President was directed to ma]£e proclamation accordingly, declaring the State admitted to all the rights and privileges of the original States. The estimated population of the Territory, at this time, was about 30,000, and there were many inhabitants who did not favor the proposed measure, holding that they " ought not to tax themselves for any thing which the general govern- ment is willing, or is bound to pay." It is believed that a Convention was elected and assembled, rut that they adjourned in January, 1865, without at that time forming or submitting a Constitution. WhUe the war continued, the growth of the Territory was checked, and Indian hostilities tended to render immigration uninviting, if not in some sec- tions hazardous. But upon the establishment of peace, a rapid increase of num , bers led to a, desire for a separate State government, and early in 1866, the Territorial Legislature, without calling a Convention, undernook the task of framing a Constitution, which was completed and approved by them February 9, 1866. Their labors were submitted to the people at an election held June 21, 1866, and ratified by a vote of 3,938 to 3,838. The first Legislature under the State government was convened July 4, 1866. A biU for the admission of Nebraska as a State, was passed by both Houses ol Congress, July 28, 1866, just before their adjournment, but was neither signed nor rejected by the President. A biU for this purpose was again passed in Jan uary, 1867, but was returned by the President on 30th of that month with his objections, the principal of which were, that the biU embraced conditions not inentioned in the enabling act, that the proceedings attending the formation of the Constitution were different from those prescribed ; and that the population did not at that time justify the admission of Nebraska as a State. The bill was, how- ever passed, over the President's veto, in the Senate, February 8th, by a vote of 30 to 9, and in the House the next day, by a vote of 120 to 44. The biE admitted the State into the Union upon an equal footing with the original States, with the following express condition : " g 3. And be it further enacted, That this act shall not take effect, except upon the fundamental condition, that, witliin the State of Nebraska, there shall be no denial of the elective franchise, or of any other right, to any person by reason of race or color, except Indians not taxed, and upon the further fundamental . condition that the Legislature of said State, by a solemn public act, shall declare J^Tebraska. 823 the assent of said State to the said fundamental condition, and shall transmit to the President of tlie United States an authentic copy of said act " Upon receipt of this, the President was required by proclamation to announce the fact, and from that time, without further proceeding on the part of Con- gress, the admission of the State into the Union was to be considered as complete. Upon the 19th of February, 1867, the Grpvernor of Nebraska issued his proc- lamation calling the Legislature, to take action upon the conditions proposed. The Legislature convened at Omaha on the 20th of February, and after due deliberation (not regarding the late act of Congress, or the conditions therein contained, " to be in violation of any right of the State of Nebraska, or of the people thereof, or as abridging, or in any manner infringing any of the privileges enjoyed by the citizens of Nebraska while in a Territorial condition"), they enacted, "That the act of the Congress of the United States, entitled 'An act for the admission of the State of Nebraska into the Union,' passed February 9, 1867, be and the same is hereby ratified and accepted, and it is hereby declared that the provisions of the third section of said act of Congress shall be a part of the organic law of the State of Nebraska." The compliance with these conditions was announced by proclamation of the President, March 1, 1867. By an act of the State Legislature, passed June 14, 1867, the Governor, Secre- tary of State and Auditor were appointed Commissioners to select from the lands belonging to the State in certain counties a site for a permanent State capital, to be known as " Lincoln," to which, after the erection of public buildings, the public offices were to be removed. This site has been selected and the seat of government established there. A Convention for revising the Constitution of this State having been decided upon, Delegates were elected May 2; met June 5, and adjourned August 19, 1871, having completed a Constitution, which was submitted to the electors September 19 of that year. The result was against its adoption by a vote of 7,986 to 8,627. Five separate questions were submitted as follows : For individual liability of stock- holders of banks, 7,286; against, 8,580.— For prohibiting county or municipal aid to corporations, 9,549; against, 2,859. — For compulsory education and reformatory schools, 6,276 ; against, 9,958. — For the section relating to inhibition and license for sale of intoxicating liquors, 6,071 ; against, 10,160. — For extension of right of suf- frage [permitting an act aUowiug females to vote], 3,502; against, 12,776. CONSTITUTION OF NEBRASKA, 1867. 8UMMAET. AltTlCljES. I. Beclamtion of tights. II. Legislative. Executive. Judiciary. Finance. Eminent domain. Education. Corporations. Amendments. Boundaries. Schedule. Appendix. PEEAMBLE. AETICIiE L—Sedaration of BigKU. Sections. 1. All men naturally free and eoual— object of government. 2. Slavery prohibited. 3. Freedom of speech, and of the press — prosecutions for libel. 4. Bight of assembling, and of petitioning. 5. Eight of trial by jury— Junes may be of less than twelve men in certain cases. 6. Eight of bail — excessive bail — cruel pun- ishments. 7. Eights of persons accused of crime. 8. Tnal upon indictments — exceptions — sec- ond trial — writ of habeas corpm. 9. Courts to be open — right of justice. 10. Treason defined — how proved. 11. Exemption from unlawful seizures and 12. Attainder — «a!i»« Eepresentatives in Congress, and three Presidential Electors of electoral college^ § 4. The election provided in this ordinance shall be holden at such places as shall be designated by the Board of Commissioners of the several counties in said Territory. The judges and inspectors of said election shall be appointed by sa,id commissioners, and the said elec- tion shall be conducted in conformity with the existing laws of said Territory in relation to holding the general election. GONSTIXUTION X)F NEVADA, 186^. 883 § 5.: The judges and inspectors of said election shall carefully count each ballot immediately after said election, and forthwith make duplir Gate returns thereof to the Clerks of the said County Commissioners of their respective counties, and gaid Clerks within fifteen days after said election shaU transmit an abstract of the yotes, including the soldiers' vote as herein provided, given for State oflScers, Supreme and District Judges, Eepresentatives in Congress, and three presidential electors, inclosed in an envelope, by the most safe and expeditious con- veyance, to the Governor of said Territory, marked " Election returns." § 6. Upon the receipt of said returns, including those of the soldiers' vote, or within twenty days after the election, if said return be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Governor, United States District Attorney, and Chief Justice of said Territory, or any two of them, to canvass the said returns in the presence of all who may wish to be present, and if a majority of all the votes given upon this Constitution shall be in its favor, the said Governor shall immediately publish an abstract of the same, and make proclamation of the fact in some newspaper in said Territory, and certify the same to the President of the United States, together with a copy of the Constitution and ordinance. The said Board of Canvassers, after canvassing the votes of the said November election, shall issue certificates of election to such persons as were elected State officers. Justices of the Supreme and District Courts, Eepresentatives in Congress, and three Presidential Electors. When the President of the United States shall issue his proclamation declaring this State admitted into the Union on an equal footing with the original States, this Constitution shall thenceforth be ordained or established as the Constitution of the State of Nevada. . § 7. For the purpose of taking the vote of the electors of said Terri- tory 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 following, 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 oi the regiment, battalion, squadron or battery to which he belongs, and also the county or township of his residence in the said Territory. § 8. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron and battery, from said Territory in the service of the United States, and shall, on or before the fifteenth day of August following, transmit, by mail or otherwise, to the com- manding officer of each regiment, battalion, squadron and battery, a 884 Constitution of JSTevada, I864. list of electors belonging thereto, which said list shall specify the 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 entitled to Tote. § 9. Between the hours of nine o'clock a. m. and three o'clock p. M., on each of the election days hereinbefore named, a ballot box, or suitable receptacle for votes, shall be opened, under the immediate charge and direction of three. of the highest oflBcers in command, 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 oflBcers for which, by reason of their residence in the several counties in the said Territory, they are 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 counties and townships in which they are resident. § 10. Each 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, Ko," or words of a similar import ; and further, for the election of State oflBcers, Supreme and District Judges, members of the Legisla- ture, Eepreseutatives in Congress, and three Presidential Electors. The name and oflBce of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked upon the said list at the time of voting, by one of the said officers having charge of the ballot box. The said officers having charge of the election shall count the votes and com- pare them with the checked list immediately after the closing of the ballot box. § 11. All the ballots cast, together with the said voting list checked as aforesaid, shall be immediately sealed up and sent forthwith to the Governor of said Territory, at Carson City, by mail or otherwise^ by the commanding officer, who shall also make out and certify duplicate returns of votes given, according to the forms hereinafter prescribed, seal up and immediately transmit the same to the Governor at Carson City, by mail or otherwise, the day following the transmission of the ballots and the voting lists herein named. The said commanding officer shall also immediately transmit to the several County Clerks in said Territory an abstract of the votes given at the general election in November for county oflBoers, marked " Election returns." Constitution of Nevada, 1864. 885 § 12. The form of returns of votes, to be inade by the commanding oflBcers to the Governor and County Clerks of said Territory, shall be in substance as follows, to wit : " Returns of soldiers' votes in the (here insert the regiment, detach- ment, battalion, squadron or battery). (For first election — on, the Constitution.) I, , hereby certify that on the first Monday of September, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert the name of the regiment, detachment, battalion, squad- ron or battery) cast the following number of votes for and against the Constitution for the State of Nevada, viz. : For Constitution (number of votes written in full and in figures). Against Constitution (number of votes written in full and in figures). (Second election — for State and other officers.) I, , hereby certify that on the first Tuesday after the first Monday in November, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert as above) cast the following number of votes for the several officers and persons hereinafter named, viz. : For Governor (names of persons voted for, number of votes for each person voted for written in full, and also in figures, against the name of each person). For Lieutenant-Governor (names of candidates, number of votes cast for each written out and in figures, as above). (Continue as above until the list is completed). Attest : I, A. B., commanding officer of the (here insert ,the regiment, detachment, battalion, squadron or battery, as the case may be).'' § 13. The Governor of this Territory is requested to furnish each commanding officer within and beyond the boundaries of said Terri- tory proper and sufficient blanks for said returns. § 14. 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. Done in Convention, at Carson City, the twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-four, and the independence of the United States the eighty-ninth, and signed by the Delegates. J. NEELY JOHNSON, President of the Convention, and Delegate from Ormsly county. Wm. M. Gillespie, Secretary. 886 Constitution ofNevaba, 186]^. [Delegates to Convention. Those marked with a star did not sign the Consti- tution, as officially' published.] CkwrehUl. Nelson E. Mnrdock.* BmigUii. J.W. Haines, Albert T. Hawley. Esmeralda. B. S. Mason, J. G. McClinton, D. Wellington,* William Wetherill.* Humioldt. James A. Banks, E. P. Dunne, WUliam Henry Jones.* Lander. E. A. Morse,* J. H. Warwick, R. H. Williams.* Zyon. J. S. Crosman, G-eorge A. Hudson, Francis H. Kennedy, ' H. Gt. Parker. Jfye. f ranc^ M. Proctor, Francis TagUabue. Ormsb^f. Israel Crawford, G«orge I/.. Gibson, J. Nee^ Johnson, J. H. Kinkead, A. J. liookwood. Slorey. Nathaniel A. H. Ball,* Corhelins M. Brosnan, Samuel A. Chapin, John A. Collins, Josiab Earl,* Thomas Pitch, iiloyd Prlzell, Almon Hovey, Charles N. Tozer.* Wasfu>e. W. W. Belden, H. B. Brady, GUman N. Polsom, George A. Hourse, James H. Sturtevant* KF 4530 H83 1 Author Hough, Franklin Benjamin Vol. Title American Constitutions. . . Copy Date Borrower's Name